The purpose of this title is to control and regulate the subdivision
of land, as herein in this code defined, in the unincorporated territory
of the county of Merced, and to supplement and implement the Subdivision
Map Act as related thereof, in order to promote the following:
A.
Public
health, safety, and general welfare;
B.
Preservation
of the quality of the environment and its elements;
C.
Orderly,
economical, pleasant, and compatible development of the land;
D.
Fullest
adherence to the officially adopted Merced County general plan.
(Ord. 1895 § 2, 2012)
Pursuant to Title 7, Division 2 of the Planning and Land Use
Law of the Government Code of the state of California, referred to
herein as the "Subdivision Map Act" as amended, and in addition to
any other regulations provided by law, the provisions of this title
are supplementary to those of said Act, and shall apply to all subdivisions
(minor or major), property line adjustments and vesting tentative
maps, as herein defined, when said land is entirely or partially within
the limits of the unincorporated territory of county of Merced; and,
all terms used herein which are defined in the said "Subdivision Map
Act" shall have the same meaning as ascribed thereto in said Act,
and as the said Act may hereafter be amended.
(Ord. 1170, 1985; Ord. 1895 § 2, 2012)
means sharing a common boundary.
means the cultivation of food or fiber or the grazing or
pasturing of livestock.
means the legislative or law making body for Merced County
known as the board of supervisors.
refers to the appointed members by the board of supervisors, established by Chapter 2.32 of this Code, to act as the approval authorities for development permits or appeals as described in this title.
refers to a contiguous quantity of land in the possession
of, or owned by, or recorded as the property of, the same claimant
or person. Property shall be considered contiguous even if it is separated
by roads, streets, utility easements, or railroad rights-of-way. Properties
are not contiguous when connected only by a common point or corner.
includes county engineer, if there is no county surveyor.
means a street closed at one end by a bulb shaped area providing
a turning radius.
means the planning director or designee of Merced County
with duties and responsibilities as set forth in this title which
in certain instances may act as the approval authority for development
permits as described in this title.
means a tract, parcel, plot or portion of a subdivision or
other parcel of land intended as a separate unit as may be described
in a metes and bounds description, or other map for the purposes of
sale, lease or financing or as a gift, whether immediate or future,
except for leases of agricultural land for agricultural uses. Any
conveyance of land to a governmental agency, public entity or public
utility shall not be considered a division of land for purposes of
computing the number of lots.
means the division, by any subdivider, of any unit or units
of improved or unimproved land, or any portion thereof, shown on the
latest equalized county assessment roll as a unit or as contiguous
units, into five or more parcels for the purpose of sale, lease or
financing, or as a gift, whether immediate or future, except for leases
of agricultural land for agricultural purposes. A designated remainder
parcel shall not be counted as a parcel for determining whether the
project is a major or minor subdivision for purposes of this code.
also includes, a condominium project, as defined in Section
1350 of the Civil Code, a community apartment project, as defined
in Section 11004 of the Business and Professions Code, or the conversion
of five or more existing dwelling units to a stock cooperative, as
defined in Section 11003.2 of the Business and Professions Code. A
major subdivision requires approval of both a tentative and a final
map.
is a parcel map. It means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, into usually four or less parcels for the purpose of sale, lease, or financing, or as a gift, whether immediate or future, except for leases of agricultural land for agricultural purposes. For exception see Section 17.08.030(A). A minor subdivision requires approval of both a tentative and parcel map.
See "Lot."
means a map showing a division of land of four or less parcels as required by this title, unless otherwise provided by Section 17.08.030(A), prepared in accordance with the provisions of this title and the Map Act.
A "remainder parcel" is a designated portion of a subdivision
(as defined in Section 66424 of the Subdivision Map Act) which is
not divided for the purpose of sale, lease, or financing.
means the adjustment of a property line between two or more
existing adjacent parcels, where the land taken from one parcel is
added to an adjacent parcel, and no additional parcels are created.
mean those requirements as approved by the Merced County
board of supervisors by either resolution or ordinance.
are properties that fall within 300 feet of the parcels involved
as shown on the latest equalized assessment roll.
means utilization of land for residential, commercial, or
industrial activities within a defined zoning district designated
by the Official Zoning Code Maps for such uses (i.e., A-R, R-1, C-2,
M-2, etc.).
means a "tentative map" for a subdivision as defined in Sections 17.08.060(A) and 17.12.040(A) that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed and is thereafter processed in accordance with the provisions of Chapter 17.20 which confers a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the application for a vesting tentative map is determined to be complete.
(Ord. 1170, 1985; Ord. 1205 § 2, 1986; Ord. 1277 § 5, 1988; Ord.
1895 § 2, 2012)
Public hearings where required herein under this title whether
before the director, commission, or board, shall be noticed and given,
not less than 10 days prior to such hearing, by publication in a newspaper
of general circulation which is distributed in or near the general
area of the property which is affected by the application, and by
written notice of the hearing not less than 10 days prior to such
hearings to owners of surrounding properties.
(Ord. 1895 § 2, 2012)
A.
General Design Standards. The following requirements aid in the achievement of the goals of this title. An applicant may deviate from these requirements when they can demonstrate to the satisfaction of the approval authority that the subdivision design will fulfill the goals and intent of the provisions of this code to a degree comparable to that which would have been achieved by adhering to the following design requirements. All public improvement designs shall also conform to Chapter 16.08 (Improvement Requirements) of this Code.
1.
Through
lots, i.e., double frontage lots and reversed frontage lots, shall
be avoided except where necessary to provide separation of development
from collector roads or to overcome specific disadvantages of topography
and orientation.
2.
All
streets shall be laid out to conform as much as possible to the topography.
3.
Street
intersections with centerline of opposite streets offset less than
150 feet shall be avoided. Streets shall be laid out to intersect
as nearly as possible at right angles.
4.
While
preserving good circulation, roads should be predominantly designed
to allow best orientation of buildings on lots to allow the use of
passive solar technology. Generally, this will be developing east-west
roads, and north-south lots.
5.
Subdivision
design shall minimize the cutting of existing trees, provide for underground
utility lines, and allow for street tree planting.
6.
Residential
subdivision design shall emphasize the predominant use of "T" intersections,
short cul-de-sacs, and loop streets, and shall provide for uniform
and safe circulation to collector roads.
7.
Residential
subdivisions shall avoid direct access of individual lots to collector
roads. Frontage roads may be required along major highways.
8.
Subdivision
design shall provide for visual and auditory buffers between residential
uses and nonresidential uses or heavily used transport rights-of-way.
Road layout shall not encourage the travel of industrial or commercial
or through traffic in a residential neighborhood on local streets
and shall provide for pedestrian and bicycle circulation.
9.
The
applicant shall prepare a local street design for the surrounding
area, approximately one-fourth mile of the proposed land division.
The street design shall be designed to provide for future access to,
and not impose undue hardship upon, property adjoining the subdivision.
10.
Each unit or lot within the subdivision shall front on an improved
public street, except divisions of land within agricultural and planned
development zones.
11.
Provide reserve strips, or non-access strips, at dead-end streets.
12.
Cul-de-sacs should not exceed 1,000 feet in agricultural-residential
zones and/or 600 feet in urban zones. A cul-de-sac which exceeds these
standards may be approved if they are found not to be injurious to
the public health, safety, and welfare.
13.
All lots intended for urban uses shall have a depth that does not
exceed three times the width of the parcel.
14.
All tentative parcel and subdivision maps shall comply with Sections 17.08.030(D) through (I) (Major subdivisions) and 17.12.030(C) through (H) (Minor subdivisions).
B.
Naming
of Streets.
1.
For
newly created or dedicated streets, the following shall be the designated
pattern except where continuing an existing roadway already designated:
a.
Streets which run in generally an easterly and westerly direction
shall be designated as "Street" or "Drive."
b.
Streets which run in generally a northerly or southerly direction
shall be designated "Avenue."
c.
Cul-de-sacs shall be designated "Court."
d.
Loop streets shall have one name and shall be designated "Way" or
"Place." For purposes of this chapter, a loop street is defined as
one which forms a loop with each end intersecting on the same street
and does not intersect with any streets other than a cul-de-sac between
its termini.
e.
If a cul-de-sac is a continuation of another street, it shall have
the same name with the exception that it shall be designated "Court."
In the event the street in question has a cul-de-sac at each end,
the northerly or easterly terminus shall have the same name and the
other end shall have a different name.
f.
If either end of a loop street is a continuation of another street,
it shall have the same name with the designation "Way" or "Place."
If each end of a loop street is the continuation of another street,
the loop street shall bear the name of the most northerly or easterly
street of which it is a continuation. A loop street shall not intersect
a single street more than once.
g.
New street names shall be tentatively approved by the final decision
authority, however, conflicting road names may be changed prior to
recording the final map or parcel map if approved by the planning
and public works directors.
(Ord. 1170, 1985; Ord. 1895 § 2, 2012)
After a final map or parcel map is filed in the office of the
county recorder, it may be amended as provided by Chapter 3, Article
7 of the Subdivision Map Act.
(Ord. 1895 § 2, 2012)
A.
Previously
subdivided property may be reverted to acreage pursuant to the provisions
of this section and may be accomplished by final map or parcel map.
B.
Initiation of Proceedings by Owners. Proceedings to revert subdivided property to acreage may be initiated by petition of all the owners of record of the property. The petition shall be in a form prescribed by the planning department, and shall contain the information required by subsections E and F of this section.
C.
Initiation
of Proceedings by Board of Supervisors. The board, at the request
of any person or on its own motion may, by resolution, initiate proceedings,
to revert property to acreage. The board shall direct the planning
department to obtain the necessary information to initiate and conduct
the proceedings and make recommendations concerning the reversion.
D.
Documents Used for Reversion to Acreage. A parcel map shall be filed for the purpose of reverting to acreage land previously subdivided and consisting of four or less contiguous parcels under the same ownership. A final map shall be the document used for reverting to acreage all other previously approved subdivision not described above. Mapping procedures shall be subject to the provisions of subsection E or F of this section.
E.
Required
Information in Petitioning for Reversion by Parcel Map. Petitioners
shall file the following:
1.
A tentative parcel map in the form prescribed by Section 17.12.040 of this title showing the merger of the four or less parcels into one.
2.
Evidence
of title to the real property under one ownership.
3.
Evidence
of non-use or lack of necessity of any roads, streets, or easements
which are to be vacated or abandoned.
4.
All
roads, streets or easements to be left in effect after the reversion
shall be clearly delineated and noted on the tentative parcel map.
5.
Certification
for the parcel map of any person, firm, corporation, partnership,
or association having any record title interest in the land being
reverted, consenting to the preparation and filing of the parcel map.
This shall appear in the form of signature(s) and acknowledgement
of the above.
6.
Evidence
as to whether or not the improvements required to be made have been
made within two years from the date the parcel map was filed for record,
or within the time allowed by agreement for completion of the improvements,
whichever is the later.
7.
Evidence
as to whether or not lots or parcels shown on the recorded parcel
map have been sold within five years from the date such map was filed
for record.
8.
A
copy of the most recently recorded parcel map.
9.
Such
other information as required by the planning department.
F.
Required
Information in Petitioning for Reversion by Final Map. Petitioners
shall file the following:
2.
Evidence
of title to the real property.
3.
Evidence
that all owners of the property consent to the reversion.
5.
Evidence
as to whether or not the improvements required to be made have been
made within two years from the date the final map was filed for records
or within the time allowed by agreement for completion of the improvements,
whichever is the later.
6.
Evidence
as to whether or not lots or parcels shown on the recorded final map
have been sold within five years from the date such map was filed
for record.
7.
A
copy of the most recently recorded final map.
G.
Proceedings
Before the Board of Supervisors. A public hearing shall be held before
the board of all petitions for initiations for reversions to acreage.
Notice of the public hearing shall be given as provided in Section 17.04.040. The planning department may give such additional notice that it deems necessary or advisable. The board may approve a reversion to acreage only if it finds that:
1.
Dedications
or offers of dedication to be vacated or abandoned by the reversion
to acreage are unnecessary for present or prospective public purposes,
based upon the policies and designations in the general plan; and
2.
Either:
a.
All owners of an interest in the real property within the subdivision
have consented to reversion, or
b.
None of the improvements required to be made have been made within
two years from the date the final or parcel map was filed for record,
or within the time allowed by agreement for completion of the improvement,
whichever is later, or
c.
No lots shown on the final or parcel map have been sold within five
years from the date such map was filed for record;
3.
The
board shall require as conditions of the reversion:
H.
Effect
of Filing Final Map with the County Recorder for Reversion. Reversion
shall be effective upon the final map being filed for record by the
county recorder. Upon filing, all dedications and offers of dedication
not shown on the final map for reversion shall be of no further force
and effect and shall be shown as such on the assessment roll.
I.
Effect
of Filing Parcel Map with the County Recorder for Reversion. The recording
of the parcel map shall constitute a legal reversion to acreage of
the land, abandonment of all streets and easements not shown on the
parcel map, and a merger of the separate parcels into one parcel and
shall be shown as such on the assessment roll.
J.
Return
of Fees, Deposits, Release of Securities. When a revision is effective,
all fees and deposits shall be returned and all improvement securities
released to the subdivider by the planning commission.
(Ord. 1170, 1985; Ord. 1895 § 2, 2012)
A.
The
county may pursue the merger of a parcel or unit with a contiguous
parcel or unit held by the same owner if all the provisions and requirements
outlined in this section are followed.
B.
Applicability.
The planning director is authorized to initiate a program to pursue
the merger of parcels on an individual subdivision basis which meet
the following conditions:
1.
The
subdivision involves more than five lots;
2.
The
property is under one ownership;
3.
The
property consists of productive agricultural land involving "unique"
or higher quality soil as identified on the Important Farmland Map
of the State Mapping and Monitoring Program, or has a capability rating
of IV or better by the USDA Soil Conservation Service;
4.
The
lot sizes of the subdivision are small enough that their development
would pose a threat to the groundwater in the area based on determination
of the environmental health division of the county health department;
and
5.
Implementation
of the subdivision would be clearly inconsistent with the rural lands
goals and policies of the land use, open space/conservation and agricultural
chapters of the Merced County general plan.
C.
Requirements for Consideration of Parcel Merger. In addition to meeting the conditions of subsection B, provisions of this section may only be implemented for the merger of contiguous parcels held by the same owner where the parcels do not conform to standards for minimum size according to the Zoning Code (Title 18 of the Merced County Code) and if all the following requirements are satisfied consistent with the provisions and exceptions of the Government Code Section 66451.11:
1.
At
least one of the affected parcels is undeveloped by any structure
for which a building permit was issued or for which a building permit
was not required at the time of construction, or is developed only
with an accessory structure or accessory structures, or is developed
with a single structure, other than an accessory structure, that is
also partially sited on a contiguous parcel or unit.
2.
With
respect to any affected parcel, one or more of the following conditions
exists:
a.
Comprises less than 5,000 square feet in area at the time of the
determination of merger;
b.
Was not created in compliance with applicable laws and ordinances
in effect at the time of its creation;
c.
Does not meet current standards for sewage disposal and domestic
water supply;
d.
Does not meet slope stability standards;
e.
Has no legal access which is adequate for vehicular and safety equipment
access and maneuverability;
f.
Its development would create health or safety hazards;
g.
Is inconsistent with the rural lands goals and policies of the land
use, open space/conservation and agricultural chapters of the Merced
County general plan.
D.
Effect
of Merger. Where the provisions and requirements of this section are
followed, and a notice of merger is to be prepared, such notice shall
indicate that the parcels so merged have been combined into the maximum
number of parcels conforming with the standard for minimum parcel
size of the current zoning district in which the subject property
is located.
E.
Effective
Date of Merger. A merger of parcels becomes effective when a notice
of merger specifying the names of the record owners and particularly
describing the resulting real property is filed for record with the
county recorder's office. The resulting merged parcel or parcels shall
be shown as such on the assessment roll.
F.
Procedure.
The director may pursue the merger of parcels qualifying under this
section by satisfying the following procedures:
1.
The
director shall cause to be mailed by certified mail to the current
owner of the property a notice of intention to determine status notifying
the owner that the affected parcels may be merged pursuant to the
standards of this code and advising the owner of the opportunity to
request a hearing before the planning commission on the determination
of status and to present evidence that the property does not meet
the criteria for merger. The notice of intention to determine status
shall be filed for record with the county recorder on the date that
notice is mailed to the property owner.
2.
At
any time within 30 days after recording of the notice of intention
to determine status, the owner of the affected property may file with
the planning department a written request for hearing on determination
of status.
3.
Upon
receiving a request for a hearing on determination of status, a time
and date shall be fixed for a hearing to be conducted by the planning
commission, and shall so notify the property owner by certified mail,
within the time lines specified in Government Code Section 66451.15.
4.
At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in this section. At the conclusion of the hearing the planning commission shall make a determination that the affected parcels are to be merged, or are not to be merged and shall so notify the property owner of its determination. If the planning commission determines that the parcels are to be merged, they shall also determine the size and configuration of the resulting parcels. At the planning commission's discretion, a determination that the parcels are not to be merged may be made whether or not the affected property meets the conditions and standards for merger specified in subsections B and C. A determination of merger shall be recorded within 30 days after conclusion of the hearing as provided for in subsection E.
5.
If within the 30 day period specified in subsection (F)(2), the owner does not file a request for a hearing in accordance with subsection (F)(4), the director is hereby appointed as the advisory agency and is authorized to, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged. A determination of merger shall be recorded as provided for in subsection E no later than 90 days following the mailing of notice required by subsection (F)(3).
6.
If, in accordance with subsection (F)(4) or (5), it has been determined that the subject property shall not be merged, the director shall cause to be recorded in the manner specified in subsection E a release of the notice of intention to determine status, recorded pursuant to subsection (F)(1), and shall mail a clearance letter to the correct owner of record.
(Ord. 1367, 1991; Ord. 1895 § 2, 2012)
A.
Two
or more contiguous parcels or units of land under common ownership
which are determined to be legal parcels may be merged without reverting
to acreage pursuant to the provisions of this section.
B.
Initiation
of Proceedings. Proceedings shall be initiated by petition of the
owner(s) of the property. The petition shall be on a form prescribed
by the planning department and shall include the following information:
1.
Adequate
evidence of ownership of the subject property;
2.
An
owner's certificate similar to the one appearing on final maps;
3.
A
legal description for each resulting parcel proposed by the application;
4.
A map meeting the minimum requirements of Section 17.16.060(B) and (C);
5.
Such
other information as required by the planning department.
C.
Proceedings.
Upon receipt of a complete petition to merge and all necessary accompanying
information, the planning director shall cause a notice of merger
to be filed with the county recorder within 30 days. However, all
proceedings shall terminate and no merger occur upon receipt of a
written request withdrawing the petition by any owner or an interest
in the real property to be merged or upon determination by the planning
director that the merger will be contrary to the public health, safety,
or welfare of Merced County.
D.
Effect
of Merger. The recording of the notice of merger shall constitute
a merger of the separate parcels or units of land into one parcel
for purposes of this chapter by operation of law and shall be shown
as such on the assessment roll. Such merger shall have no effect on
streets, easements, or any dedications or offers of dedications or
any other recorded interest.
E.
Taxes and Special Assessments to Record Notice of Merger. If the property to be voluntarily merged is: (1) subject to a lien for taxes or special assessments which are not yet payable; and/or (2) subject to a lien for delinquent taxes, special assessments, accrued penalties, interest and costs, there shall be a requirement for the payment of security for such taxes, special assessments, accrued penalties, interest and costs prior to the recordation of a notice of merger under subsection C.
(Ord. 1246, 1987; Ord. 1895 § 2, 2012)
Subdivided lands may be merged and resubdivided without reverting
to acreage by complying with all the applicable requirements for the
subdivision of land as provided by the Subdivision Map Act and this
Code. The filing of the final map or parcel map shall constitute legal
merging of the separate parcels into one parcel and the resubdivision
of such parcel, and the real property shall thereafter be shown with
the new lot or parcel boundaries on the assessment roll. Any streets
or easements to the left in effect after the resubdivision shall be
adequately delineated on the map. After approval of the merger and
resubdivision, the map shall be delivered to the county recorder.
The filing of the map shall constitute legal merger and resubdivision
of the land affected thereby, and shall also constitute abandonment
of all streets and easements not shown on the map.
(Ord. 1170, 1985; Ord. 1895 § 2, 2012)
A.
Regulation
of minor subdivisions has been in effect since April 2, 1965, by the
adoption of Merced County Subdivision Ordinance No. 513. However,
any parcel created prior to March 4, 1972, shall be conclusively presumed
to have been lawfully created if any of the following applies:
1.
The
parcel was created prior to April 2, 1965, as a result of a land division
by deed or other similar instrument in which fewer than parcels were
created; or
2.
The
parcel was created between April 2, 1965, and March 4, 1972, as a
result of a land division by deed or other similar instrument in which
fewer than five parcels were created and the division of land was
in compliance with the Merced County Ordinances in effect at the time
the division(s) occurred (including Subdivision Ordinance No. 513);
or
3.
The
parcel was created prior to March 4, 1972, as a result of a subdivision
by deed or other similar instrument and a subsequent purchaser acquired
that parcel for valuable consideration without actual or constructive
knowledge of a violation of the Map Act or the Merced County Subdivision
Ordinance in effect at that time.
|
Owners of parcels affected by the provision of this section shall obtain a certificate or conditional certificate of compliance pursuant to Section 17.04.080 of this title prior to obtaining a permit or other grant of approval for development of the parcel.
|
B.
Any parcel created after March 4, 1972, without processing of a final or parcel map shall not be classified as a legal parcel until such time that the owner files a minor subdivision or major subdivision application, the application is approved and a parcel map or final map is recorded (also see related provisions Sections 17.04.080 and 17.04.084, Certificate or Conditional Certificate of Compliance and Notices of Violation).
C.
All
land divisions approved by the planning director, commission and/or
the board after March 4, 1972, and recorded by the county recorder
consistent with conditions of approval and ordinances in effect at
the time of approval shall be considered legal.
(Ord. 1895 § 2, 2012)
A.
Authority
of Director. The director is delegated the authority for the issuance
of certificates of compliance or conditional certificates of compliance
pursuant to the provisions of Section 66499.35 of the Subdivision
Map Act and this title.
B.
Certificate
of Compliance.
1.
Any
person owning real property may request a certificate of compliance
stating such real property (or any division thereof) complies with
the provisions of the Subdivision Map Act and of the Merced County
Code enacted pursuant thereto.
2.
Within
30 working days after receipt of a written request and such fees and
application which may be required by the county, the director shall
make a determination that such real property complies with the applicable
provisions of the Subdivision Map Act and the Merced County Code,
or that such real property does not comply with said provision and
shall notify the applicant and owner thereof in writing, setting forth
the particulars of such compliance or noncompliance.
3.
If
the subject real property is found to be in compliance with the Subdivision
Map Act and the Merced County Code, the director shall cause a certificate
of compliance to be filed for record with the Merced County recorder.
The certificate of compliance shall identify the real property and
shall state that the division thereof complies with applicable provisions
of the Subdivision Map Act and of the Merced County Code enacted pursuant
thereto.
C.
Conditional
Certificates of Compliance.
1.
If
the director determines that such real property does not comply with
the provisions of the Subdivision Map Act or the Merced County Code
enacted pursuant thereto applicable to the property at the time it
was acquired by the current owner of record, the director may, as
a condition of granting a certificate of compliance, impose such conditions
as would have been applicable to the division of the property at the
time the current owner of record acquired the property.
2.
If
the applicant was the owner of record at the time of the initial violation
of the Map Act or county ordinances enacted thereto, who by a grant
of real property created a parcel or parcels in violation, and such
person is the current owner of record of one or more of the parcels
which were created as a result of the grant, then the director may
also impose such conditions as would be applicable to a current division
of the property.
3.
Prior
to placing conditions in the conditional certificate, when it is determined
that adjacent contiguous property is under the same ownership, the
director may require merging of the properties prior to granting future
development permits even if the adjacent property was not part of
the original division.
4.
The
director may place as a condition the requirement that a parcel map
or other entitlement is required prior to development permits being
granted including, but not limited to, a conditional use permit, building
permit, etc.
5.
Access
requirements across lands not in the ownership of the applicant (or
dedication requirements) can be deferred until developments are requested
on the property. A statement of disclosure relating to such lack of
access shall be placed on the certificate of compliance advising of
this requirement and other conditions to future buyers of the parcel.
6.
Upon
making such a determination and establishing such conditions, the
county shall cause a conditional certificate of compliance to be filed
for record with the recorder of the county. Such certificate shall
serve as notice to the property owner who has applied for the certificate
pursuant to this section, a grantee of the property owner, or any
subsequent transferee or assignee of the property that the fulfillment
and implementation of such conditions shall be required prior to subsequent
issuance of a permit or other grant of approval for development of
the property.
7.
Compliance
with such conditions shall not be required until such time as a permit
or other grant of approval for development of such property is issued
by the county.
D.
Upon
written request of the owner of the property, and without further
application or proceedings, a certificate of compliance shall be automatically
issued and filed for record for any real property which has been approved
for development pursuant to Section 66499.34 of the Subdivision Map
Act.
E.
Upon written request of the owner of the property, and without further application or proceedings, a certificate of compliance shall be automatically issued and filed for record for any real property for which an application for waiver of the requirements of a parcel map has been approved under Section 17.12.150 of this title.
(Ord. 1170, 1985; Ord. 1895 § 2, 2012)
A.
Whenever
the planning director has knowledge that real property has been divided
in violation of the provisions of the Subdivision Map Act or the Merced
County Code, he or she shall cause to be mailed by certified mail
to the owner of record, pursuant to the Subdivision Map Act Section
66499.36, a notice of intention to record a notice of violation, and
stating that an opportunity will be given to the owner to present
evidence to the director of why a notice of violation should not be
recorded. If it is determined that there has been no violation, the
director shall mail a clearance letter to the owner. If the director
determines that the property has in fact been illegally divided, the
director shall record the notice of violation with the county recorder.
The notice of violation, shall be deemed to be constructive notice
of the violation to all successors in interest in such property. The
county recorder shall index the names of the fee owners in the general
index.
B.
Approval
of Permits of Land in Violation. No agency or department of the county
of Merced shall issue any permit or grant any approval necessary to
develop any real property which has been divided, or which has resulted
from a division, in violation of the provisions of the Subdivision
Map Act or the provisions of county ordinances enacted thereto until
such time as the violation has been corrected.
(Ord. 1170, 1985; Ord. 1895 § 2, 2012)
Any person, firm, or corporation affected or aggrieved with
the action of the planning director may appeal the decision to the
planning commission. Decision of the planning commission may be appealed
to the board of supervisors. Appeals shall be in the form of a letter
stating briefly the facts of the matter and wherein there has been
an abuse of discretion. Appeal letters to the commission shall be
filed with the planning department before five p.m. within 10 calendar
days following the decision of the planning director.
Appeals to the board shall be filed with the county clerk before
five p.m. within 10 calendar days following the planning commission
action. A hearing shall be held within 45 days after the appeal is
filed at which time all persons interested may appear and be heard.
The appeal body shall make its decision upon the appeal and request
within 10 days after the conclusion of the hearing. The planning commission
and in turn, the board of supervisors, on its own motion, may at its
next succeeding meeting, following the lower reviewing authority's
determination, also elect to set any such matter for hearing for the
purposes of altering, reviewing, modifying, or revoking the previous
reviewing authority's action.
(Ord. 1170, 1985; Ord. 1895 § 2, 2012)
The planning department, the department of public works, and
any designated officer of the county are authorized to enforce this
title and all provisions of the same.
(Ord. 1170, 1985; Ord. 1895 § 2, 2012)
A.
Fees
for the various processes described in this title shall be paid to
the Merced County planning department, or other appropriate county
departments at the time applications are determined complete, in accordance
with the adopted Merced County fee schedule.
B.
No
appeal letter from the decision of the planning director, or commission,
or board shall be accepted as complete until the required fees have
been received by the county.
(Ord. 1895 § 2, 2012)
Any person, firm or corporation whether as principal, agent,
employee, or otherwise, violating any of the provisions of this Code
shall be guilty of a misdemeanor.
(Ord. 1895 § 2, 2012)
