The purpose of Chapter 17.12 of this code is to regulate the minor subdivision of land, as herein in this chapter of this code defined.
(Ord. 1170, 1985)
Refer to Section 17.04.030, "minor subdivisions."
(Ord. 1170, 1985)
A.
Powers
and Duties of the Planning Director as Related to Minor Subdivisions.
1.
The
planning director is hereby designated as the advisory agency as referred
to in the Subdivision Map Act and is hereby charged with the duty
of reviewing maps, making investigations, and reports on the design
and improvements of proposed minor subdivisions, and is hereby authorized
to approve, conditionally approve or disapprove tentative parcel maps
prepared and filed in accordance with the provisions of this title,
to attach conditions, require dedications, the kinds, nature, and
extent of any improvements required to be installed and/or constructed
on lands affected by the subdivision, and to cause to report to the
applicants the action taken on a tentative parcel map.
2.
Planning
director, commission, or board's actions on a tentative parcel map
shall be by public hearing/s, as herein in this chapter required,
except that general plan consistency findings by the board on a nonappealed
commission approved tentative map shall not require a hearing.
3.
The
county surveyor is authorized to review the parcel map to determine
if all conditions of the tentative parcel map have been met prior
to recording the map with the county recorder.
4.
The
planning director is hereby authorized, subject to improvements, to
accept or reject dedications and offers of dedication that are made
by certificates on the parcel map with prior concurrence of the director
of the department of public works or designee.
B.
Extensions
and/or Amendments to a Tentative Parcel Map.
1.
Extensions.
Written requests for extension of the approved or conditionally approved
tentative parcel map, for a period or periods up to three additional
years must be submitted to the planning department prior to any expiration
dates, or as otherwise provided for in the Subdivision Map Act. The
extension may be approved by the planning director at a public hearing.
Said hearing shall be conducted in the same manner as required for
the original approval of the tentative parcel map.
2.
Extensions
and/or Amendments. Amendments to tentative parcel maps and associated
conditions shall be considered by the planning director at a public
hearing. Said public hearing shall be conducted in the same manner
as required for the original approval of the tentative parcel maps.
C.
Conformance
to General Plan and Zoning Ordinance Regulations.
1.
All
tentative parcel and parcel maps shall be designed as to conform with
all applicable provisions of the adopted Merced County general plan
and to all applicable zoning requirements (Title 18) of the zone/s
in which the minor subdivision is to be located such as, but not limited
to lot area, width, depth, setbacks, and parking areas.
2.
Any
deviations from the zoning standards requires a zone variance or a
minor deviation as outlined in Title 18 (Zoning) of the Merced County
Zoning Code.
D.
Conformance
to Other Planning Related Ordinances.
1.
All
tentative parcel and parcel maps shall be designed as to conform to
all other planning related ordinances that regulate development such
as flooding, curbs, gutters and sidewalks, airports, and planned unit
developments.
E.
Conformance
to Department of Public Works Standards.
1.
All
tentative parcel and parcel maps shall be designed as to conform to
all applicable department of public works requirements such as roads,
curbs, gutters, sidewalks, drainage, pedestrian ways, street lights,
street name signs, and the Visibility Obstruction Ordinance.
F.
Conformance
to Health Department Standards.
1.
All
tentative parcel and parcel maps shall be designed as to conform to
all applicable health department requirements and guidelines such
as, but not limited to individual and community water and sewage systems,
air pollution and hazardous material regulations.
G.
Conformance
to Fire Department Standards.
1.
All
tentative parcel and parcel maps shall be designed as to conform to
all applicable fire department requirements such as, but not limited
to water pressure for fire fighting and prevention purposes, number
and location of fire hydrants and proper clearances between buildings
and structures for the movement of fire fighting trucks and equipment.
H.
Conformance
to Public Utilities Agency and Special District Standards.
1.
All
tentative parcel and parcel maps shall be designed as to conform fully
to all applicable requirements of the various public utility companies,
agencies, and special districts with respect to electrical power,
gas, telecommunications services, water, sewer drainage, irrigation,
mosquito abatement, other improvements, maintenance, and easements
for said utilities.
(Ord. 1170, 1985; Ord. 1246 § 7, 1987)
A.
A "tentative
parcel map" is a map which is required for the purpose of outlining
the basic design of a proposed minor subdivision. A tentative parcel
map need not be based upon an accurate or detailed field survey of
the property to be subdivided, but shall be of the form and contain
the information as required by this section.
B.
Size
and Scale.
1.
A
tentative parcel map shall be a minimum of eleven inches by seventeen
inches (11″ x 17″) in size and to a scale which clearly
and legibly depicts the proposed minor subdivision.
C.
Requirements.
1.
Every
tentative parcel map shall be clearly and legibly drawn and shall
contain the following:
(a)
Date, north arrow, scale, and the boundaries of the proposed subdivision
drawn in heavy contrasting outline;
(b)
Full names, locations, and widths of all existing and proposed streets,
easements, streams, creeks, canals, or other water conveyance facilities
in and immediately adjacent to the proposed minor subdivision;
(c)
Parcel dimensions and area in acres or square feet of each parcel
and designate each parcel by number;
(d)
Show all existing structures within 50 feet of the proposed property
line as to location and true scale.
2.
Every
map processed within nonagricultural zones must also include the following
information:
(a)
A can and will serve letter from the water, sewer, or agency providing
such service;
(b)
If in a flood zone, identify said zone by official classification
designation and all areas subject to inundation by storm water overflow,
and the location, width, and direction of flow of water courses;
(c)
If in a noise zone exceeding 65 dBA LDN, identify various noise zones
and noise levels as shown in officially adopted Merced County general
plan.
(Ord. 1170, 1985; Ord. 1205 § 4, 1986)
1.
A minor
subdivision application together with associated maps and other information
shall be processed as per the following listed steps and order:
(a)
Application package filed with planning department;
(b)
Application package is reviewed by planning department staff in conjunction
with other county departments for completeness;
(c)
Application package, together with input received from other departments
and agencies is reviewed in the planning department;
(d)
If the application is not exempted from environmental review as described in County Code Chapter 2.52, it is subject to the environmental review process. The application is scheduled for a public hearing before the planning director or, if appropriate, the planning commission;
(e)
At the conclusion of the public hearing, the planning director, or
the planning commission, upon making findings of general plan consistency,
may approve, conditionally approve, or deny the application.
(g)
The minor subdivision application shall be deemed to be denied without
any further action if the applicant fails to pay the required fees
or other necessary information, within 10 calendar days of written
notice being received from the planning department.
2.
Approval
of the minor subdivision application by the planning director or his
or her designated representative, or planning commission, or board
of supervisors is, in fact, approval of the tentative parcel map for
a two-year period.
(Ord. 1170, 1985)
A.
The
subdivider shall submit two prints of the parcel map to the county
surveyor for checking. These prints shall be accompanied with copies
of the following:
1.
Title
report showing the legal owners at the time of submittal of map.
2.
Traverse
sheets and worksheets showing the closure of the exterior boundaries
and of each irregular block and parcel of the minor subdivision. The
allowable error of closure on any portion of the final map shall not
exceed 1/10,000 for field closure and no errors for calculated closures.
3.
Any
additional data, reports or information as required by the county
surveyor.
B.
Review
by County Surveyor. The county surveyor shall review the parcel map
prints in consultation with other county departments and the subdivider's
engineer shall make corrections and/or additions until the map is
acceptable to the county surveyor.
C.
Approval
by County Surveyor. The subdivider's engineer shall submit the original
tracing of the map, corrected to its final form and signed by all
parties required to execute the statements on the map, to the county
surveyor.
D.
Filing
with the County Recorder. The county surveyor or authorized agent
shall transmit the approved parcel map directly to the county recorder.
(Ord. 1170, 1985)
A.
A "parcel
map" is a map which is required to be prepared for placement on record
in the office of the county recorder. A parcel map shall be prepared
by or under the direction of a registered civil engineer authorized
to perform land surveying or licensed land surveyor, and be based
upon an actual survey, and conform to all provisions of this section.
B.
General
Basic Requirements.
1.
Every
parcel map shall conform substantially with the approved tentative
parcel map for the particular subdivision, including any and all conditions
approved with such tentative parcel map.
2.
Every
parcel map shall be prepared in accordance with the applicable provisions
of the Subdivision Map Act and this section.
3.
All
references to other tracts, land division, or sectional survey shall
be clearly identified and worded identically from original records
with a complete reference to proper book and page of the record. In
addition, the section, township, and range shall be identified in
the title block.
4.
Every
parcel map shall contain the following:
(a)
A location map on which shall show the general area surrounding the
proposed subdivision when necessary for clarity.
(b)
The county assigned minor subdivision number, north arrow, scale,
legend, and below the title (minor subdivision application number)
shall be a subtitle consisting of a general description of all the
property being subdivided, by reference to deeds, subdivision or to
sectional surveys. Reference to tracts and subdivisions shall be spelled
out and worded identically with original records with complete reference
to proper book and page of the record. The map sheet shall show the
basis of bearings.
(c)
All survey and mathematical information necessary to locate all monuments
and to retrace any and all interior and exterior boundary lines appearing
thereon shall be shown. This shall include bearings and distances
of straight lines, the radius, chord distance, central angle, tangent
distance and length for each curve and such information as may be
necessary to determine the location of the centers of curves and any
ties to existing monuments used to establish the subdivision boundaries.
(d)
At least two reference points shown on the map shall be tied to the
California State Plane Coordinate System (1983 NADatum) providing
sufficient data is available and may be occupied within one-half mile
of the subdivision. If sufficient data is not available within one-half
mile, the subdivision shall be tied to a section line or quarter section
line from a section corner, quarter section corner, lot or block corner
of an original survey, or any other point acceptable to the county
surveyor. Said tie shall also show the relationship of the bearings
in the subdivision to the section or quarter section line, or lot
line, and may be calculated from records.
(e)
Each parcel shall be consecutively numbered or lettered beginning
with number 1 or letter "A."
(f)
All streets shall be named (no abbreviations). In addition, the centerlines
and sideline lengths of all streets, the total width of all streets,
the widths each side of the centerline, the widths of any portion
of a street being dedicated, and the widths of existing dedications
shall be shown.
(g)
The widths of all railroad, irrigation waterways or other rights-of-way
shall be shown. If such widths are not recorded, it shall be noted
on the map.
(h)
The map shall show the sidelines of all easements to which the parcels
are subject. Such easements must be clearly labeled and identified
and if already of record, the record reference given. If any easement
is not definitely located of record, a statement of such easement
must appear on the map. Easements for storm drain, sewers and other
purposes shall be denoted by fine broken lines. The width of the easement
and the lengths and bearings of the lines thereof and sufficient ties
thereto to definitely locate the easement with respect to the minor
subdivision, must be shown. If the easement is being dedicated by
the map, it shall be properly referenced in the owner's certificate
as a dedication.
(i)
Public areas shall be dimensioned and identified.
(j)
Subdivision boundary, boundary references, and monuments:
(1)
The boundary of the subdivision shall be designated by a distinctive
border, and such border shall not obscure or blot out figures or other
data.
(2)
The map shall show clearly and describe any monuments or other
evidence found on the ground used to determine the boundaries of the
subdivision. The corners of adjoining subdivisions or portions thereof
shall be identified by lot and block numbers.
(3)
The map shall show the location and description of all monuments
placed in making the survey of the subdivision with proper reference
sufficient for relocation.
(k)
The net acreage of all parcels of one acre or more shall be shown
to the nearest one hundredth of an acre. Net acre for the purpose
of these provisions is the balance area of a lot after roadway, drainage,
and water ways are subtracted from the total or gross area.
(l)
All printing or lettering on the map shall be legibly drawn.
(m)
All dimensions shall be in feet and hundredths of a foot, and all
bearings shall be in degrees, minutes, and seconds.
(n)
The map shall also satisfy any additional survey and map requirements
of the "Subdivision Map Act."
(Ord. 1170, 1985)
The following statements shall appear as required and may be
combined where appropriate:
A.
Owner's
Statement. A statement, signed and acknowledged by all parties having
any record title interest in the land subdivided, consenting to the
preparation and recordation of the map an offering for dedication
to the public certain specific parcels of land or easements except
as provided for in the Subdivision Map Act. Exceptions are those parties
having rights-of-way, easements or interests which cannot ripen into
a fee, or as provided in the Subdivision Map Act.
B.
Trustee's
Statement. When required, a statement, signed and acknowledged by
any trustees of record at the time of recordation of the parcel map,
consenting to the recording of the map and any offers of dedications.
C.
Engineers
or Surveyor Statement. A statement is required by the Engineer or
Surveyor in conformance with the requirements of Chapter 2, Article
3 of the Subdivision Map Act.
D.
Planning
Director Statement. A statement is required on the Parcel Map by the
Planning Director stating that the map is substantially the same as
the approved tentative parcel map by him/her or authorized representative,
or, if applicable, the Planning Commission or Board of Supervisors.
The date of approval shall appear in the statement. Also, the Planning
Director shall execute a statement accepting, subject to improvements,
or rejecting any property offered for dedication for public use in
conformity with the terms of the offer of dedication.
E.
County
Clerk's Statement. Deleted in its entirety.
F.
County
Recorder's Statement. A statement to be executed by the County Recorder
shall show who requested the filing of the map, the time and date
the map was filed, the book and page where the map was filed, and
the recorders instrument number.
G.
County
Surveyor's Statement. A statement is required by the County Surveyor
in conformance with the requirements Chapter 2, Article 3 of the Subdivision
Map Act.
H.
Certificate
of Public Acknowledgment of Farming Activities.
1.
Where
required by this title, every parcel map shall have a certificate
placed on the map, or shall record by separate instrument, which notifies
future buyers lessees, or financiers of the following:
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The property described on the parcel map is in the vicinity
of land utilized for agricultural purposes and residents of this property
may be subject to inconvenience of discomfort arising from the use
of agricultural chemicals, including but not limited to, pesticides
and fertilizers; and from the pursuit of agricultural operations including
but not limited to, animal husbandry, plowing, spraying, and burning
which occasionally may generate dust, smoke, noise, nuisance insects,
and odors.
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The County of Merced has established agriculture as a priority
use in agricultural zones which are outside of an established Specific
Urban Development Plan (SUDP) boundary, Rural Residential Center (RRC)
boundary, Highway Interchange Center (HIC) boundary, or Agricultural
Service Center (ASC) boundary, and residents of property in the vicinity
of such agricultural zones should be prepared to accept inconvenience
or discomfort from normal, necessary agricultural operations.
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2.
This
section shall only apply to those properties within agricultural zones
(A-1, A-1-40 or A-2), or inside and within 1,000 feet of a Specific
Urban Development Plan (SUDP) boundary, Rural Residential Center (RRC)
boundary, Highway Interchange Center (HIC) boundary, or Agricultural
Service Center (ASC) boundary as designated on the General Plan Land
Use Map.
I.
Notice
of Required Improvements. Whenever onsite or offsite improvements
are required, notice by a statement of such improvements shall appear
on the Parcel Map.
J.
Any
other statements and acknowledgements pertaining to the parcel map
and required by the County Surveyor.
(Ord. 1170, 1985; Ord. 1213, 1986; Ord. 1246 § 8, 1987; Ord. 1685 §
1, 2002)
A.
A "Parcel
Map" shall show the location of each parcel and its relation to surrounding
surveys. The location of a designated remainder parcel shall be indicated
but need not be indicated as a matter of survey but only by deed reference
to the existing record boundaries of such remainder if such remainder
has a gross area of five acres or more. Parcel Maps shall be based
upon a field survey made in conformity with the Land Surveyors Act
and the Subdivision Map Act. Parcels being created shall be fully
surveyed and monumented to the satisfaction of the County Surveyor.
(Ord. 1170, 1985)
A.
As
a condition of approval of a Parcel Map, the subdivider shall dedicate
or make an irrevocable offer of dedication of all parcels of land
within the subdivision that are needed for streets and alleys, including
access rights and abutters' rights; drainage; public greenways; scenic
easements; public utility easements; and other public easements.
If dedications or offers of dedication are required, they may
be made either by certificate on the Parcel Map or by separate instrument.
If dedications or offers of dedication are made by separate instrument,
such dedications or offers of dedication shall be recorded prior to
or concurrent with, the Parcel Map being filed for record.
B.
An
easement may be created by a recorded covenant of easement made by
an owner of real property to Merced County for parking, ingress, egress,
emergency access, light and air access, landscaping or open space
purposes.
(Ord. 1246, 1987; Ord. 1170, 1985)
A.
Minor
Subdivision Improvements. When improvements are required, the subdivider
as a condition of precedent to recording a parcel map shall have satisfied
one of the following:
B.
Improvements Required. Required improvements shall include, but not be limited to, improvements as required by Chapter 16.08 of the Merced Code (Refer to Section 66411.1 of the Subdivision Map Act).
C.
Remainder Parcel. Where Remainders
are made part of a Parcel Map, the County may enter into an agreement
with the subdivider to construct improvements within the Remainder
at some future date and prior to the issuance of a permit or other
grant of approval for the development of a Remainder parcel. Said
improvements shall be at the developer's expense. In the absence of
such an agreement, the County may require fulfillment of such construction
requirements within a reasonable time following approval of the map,
upon a finding that fulfillment of the construction requirements is
necessary for reasons of:
1.
The
public health and safety, or
2.
The
required construction is a necessary prerequisite of the orderly development
of the surrounding area.
3.
A
designated remainder may subsequently be sold without any further
requirement of the filing of a Parcel Map, but a certificate of compliance
or a conditional certificate of compliance may be required.
D.
Completion
of Improvements. The time for fulfillment of improvements shall be
one of the following:
(1)
A pre-development agreement shall be executed between the subdivider
and the Director of Public Works prior to approval of the Tentative
Parcel Map (Minor Subdivision application).
(2)
In the absence of an agreement under (1) above, the time for fulfillment
(for the completion of improvements) shall be as determined by the
advisory agency and shall be within a reasonable time following Parcel
Map approval (recordation) and prior to issuance of a permit or other
grant of approval for development upon findings by the advisory agency
that fulfillment of the improvements is necessary for either of the
following reasons:
(3)
In the absence of occurrence of events under (1) and (2) above, at
the time a permit or other grant of approval for development is issued
by the County.
A.
The frontage improvements along existing peripheral streets may be deferred when deemed appropriate by the Department of Public Works. Deferral will be allowed pursuant to Section 16.08.050(B) of this code. When improvements are deferred, the subdivider shall enter into an agreement with the County for the installation of all frontage improvements at such time in the future as required by the County. The agreement shall provide:
1.
Construction
of said improvements shall commence within 90 days of the receipt
of the notice to proceed from the County.
2.
That
in event of default by the owner, successors or assigns, the County
is hereby authorized to cause said construction to be done and charge
the entire cost and expense to the owner, successors or assigns, including
interest from the date of notice of said cost and expense until paid.
3.
That
this agreement shall be recorded in the office of the Recorder of
Merced County, California, and shall constitute notice to all successors
and assigns to the title to the real property of the obligation set
forth, and also a lien in an amount to fully reimburse the County,
including interest as above, subject to foreclosure in event of default
in payment.
4.
That
in event of litigation occasioned by any default of the owner, successors
or assigns, the owner, successors or assigns agree to pay all costs
involved, including reasonable attorney's fees, and that the same
shall become a part of the lien against the real property.
5.
That
the term "owner" shall include not only the present owner but also
heirs, successors, executors, administrators and assigns, it being
the intent of the parties that the obligations undertaken shall run
with the real property and constitutes a lien against it.
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The agreement shall not relieve the owner from any other specific
requirements. The construction of deferred improvements shall conform
to the provisions of this chapter and all applicable titles of the
County Code in effect at the time of Construction.
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(Ord. 1170, 1985)
A.
Improvement
Security. Any improvement agreement, contract, or act required or
authorized by the Subdivision Map Act, or this Title for which security
is required, shall be secured in the manner provided for in §66499
of the Subdivision Map Act and as provided below. The improvement
security shall also secure the faithful performance of any change
or alterations in the work to the extent that such change or alterations
do not exceed 10 percent of the original estimated cost of the improvement.
No Parcel Map shall be recorded until all required improvement securities
have been received and approved by County.
B.
Form
of Security. The form of security shall be one of the following at
the option of and subject to approval of the County.
1.
Bond
or bonds by one or more duly authorized corporate securities substantially
in the form specified in Sections 66499.1 and 66499.2 of the Subdivision
Map Act.
2.
An
irrevocable instrument of credit or an irrevocable letter of credit
in accordance with the provisions of §66499 of the Subdivision
Map Act and substantially in the form specified by Merced County.
C.
Amount
of Security. A performance bond or security in the amount of 100%
of the estimated construction cost to guarantee the faithful performance
for the construction or installation of all improvements shall be
required of all subdivisions. An additional amount of 50% of the estimated
construction cost shall be required to guarantee the payment to the
subdivider's contractor, subcontractors, and to persons furnishing
labor, materials or equipment for the construction or installation
of improvements.
The estimate of construction costs shall be as approved by the
Department of Public Works and shall include for:
1.
Ten
percent of the total construction cost for contingencies.
2.
All
utility installation costs. A certification acceptable to the Department
of Public Works from the utility company that adequate security has
been deposited to insure installation will eliminate the requirement
for this portion of required securities.
D.
One
Year Warranty Security. Upon acceptance of the subdivision improvements
by the County, the subdivider shall provide security in the amount
of 20% of the construction cost of improvements for the guarantee
and warranty of the work for a period of one year following the completion
and acceptance thereof against any defective work or labor done, or
defective materials furnished.
(Ord. 1246, 1987)
A.
Performance
Security. The performance security shall be released only upon acceptance
of the improvements by the County and when an approved warranty security
has been filed with the Department of Public Works.
B.
Material
and Labor Security. Security given to secure payment to the contractor,
subcontractors and to persons furnishing labor, materials or equipment
may, after passage of the time within which claims of lien are required
to be recorded pursuant to Article 3 (commencing with Section 3114)
of Chapter 2 of Title 15 of Part of Division 3 of the Civil Code and
after the completion and acceptance of the improvements by the County
be reduced to an amount equal to the amount of all claims therefor
filed and of which notice has been given to the County. The balance
of the security shall be released upon the settlement of all such
claims and obligations for which the security was given.
(Ord. 1246, 1987)
A.
The
planning director or planning commission may waive the parcel map
requirements where the proposed division is dividing the property
into four or fewer parcels and:
B.
An
application must be filed with the planning department which includes
material documentation and official statements from and by appropriate
agencies having jurisdiction that clearly indicate that:
1.
Existing
road and drainage design and improvements are adequate and sufficient.
2.
There
is sufficient and or adequate sanitary disposal and water supply availability.
3.
No
school or recreation fees will be required or that formal agreements
have been entered into for payment of fees or dedication of land.
4.
Adequate
fire flow or fire protection services are available.
C.
Accompanying
the application must be a legal description for each of the proposed
parcels including identification of all existing and proposed easements.
The planning department may require the submission of documentation,
i.e., preliminary title report, as it deems necessary to verify the
information presented in the request for waiver. All submissions shall
be legible and readily reproducible.
D.
A waiver of parcel map requirements may be granted only after a public hearing before the planning director or the planning commission pursuant to Section 17.04.040 of this title and the following findings can be made:
1.
That
the proposal conforms to all zoning ordinance requirements and no
variances or deviations from standards or improvement requirements
are necessary;
2.
That
the division complies with or can meet all road, drainage, water availability,
sanitary, and fire protection service needs through formal agreements
or payment of required fees;
3.
That
adequate legal public access exists for every lot in the division;
4.
That
the division has no environmental issues outstanding or has received
an environmental determination that the division will not have a significant
effect on the environment per the California Environmental Quality
Act and local provisions;
5.
That
no tax liens are outstanding on the property and where necessary formal
agreements have been made on fees paid for parkland dedication and
school fees.
E.
Upon
the planning director's or planning commission's waiving the parcel
map requirement and making the required findings, the planning director
will cause to be filed with the county recorder a "certificate of
compliance" for the land being divided, only after the newly created
parcels are monumented, a record of survey map is filed, formal agreements
(where required) are entered into for payment of parkland dedication,
drainage, and other required fees to his or her satisfaction.
(Ord. 1170, 1985)
