When a proposed division of land will result in real property
shown on the latest equalized county assessment roll as a unit or
contiguous units being divided into four or less parcels (or more
than four parcels, but nevertheless not a subdivision as defined in
the Subdivision Map Act), a tentative parcel map and a final parcel
map shall be prepared in accordance with the Subdivision Map Act and
this title.
(Prior code §9-26(a); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
A vesting tentative parcel map for residential, commercial or industrial development may be filed with the commission instead of a tentative parcel map otherwise required by this chapter. The vesting tentative parcel map shall be subject to all provisions of this title pertaining to other tentative parcel maps and shall confer on the developer all development rights and shall be subject to the conditions pertaining to vesting tentative maps for subdivisions as specified by Chapter 20.13.
(Prior code §9-26(b); Ord. NS 1061 §2, 1981; Ord.
NS 1108 §1, 1982; Ord. CS 179 §1, 1986)
Six copies of tentative parcel maps shall be submitted to the
department along with approval from the department of environmental
resources and shall be accompanied with a checking fee in such amount
as may be fixed from time to time by order or resolution of the board.
(Prior code §9-26(c); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
Tentative parcel maps shall be eighteen by twenty-six inches,
drawn to a scale of one inch equals fifty feet for small subdivisions
and one inch equals one hundred feet for large subdivisions, unless
otherwise approved by the department.
(Prior code §9-26(d); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
Tentative parcel maps shall contain the following data:
A.
Sufficient
description to define the location, date, north arrow, scale and boundaries.
An area map shall be included as shall information showing the full
width of all streets bordering the property;
B.
Name
and address of record owner or owners;
C.
Name
and address of person preparing the map. Engineer and surveyor registration
numbers shall be shown;
D.
Acreage
to the nearest tenth of an acre, parcel(s) less than one acre in area
can be noted in square feet;
E.
Location
and size of all pipelines, existing irrigation and drainage facilities,
irrigation and drainage patterns, existing water wells, sewer lines
and structures used in connection therewith, sewer leach fields and
existing structures bordering the proposed subdivision may be required
at the discretion of the director of environmental resources. The
map shall also show water table depth, soil types and slope of the
land;
F.
Outline
of the existing buildings and mobile homes to remain in place within
the subdivision and relation to existing or proposed streets, lot
and building lines;
G.
Tax
assessor's parcel number as shown on the latest equalized county assessment
roll;
H.
The
department may require a development plan showing the future development
on all parcels being created, when a tentative parcel map is filed
in an area designated as "urban transition" on the land use element
of the general plan, which will result in land which can be subdivided
in the future.
(Prior code §9-26(e); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
A.
Upon
receipt of the tentative parcel map, and after the department concludes
the proposed subdivision of land is not in conflict with the provisions
of this title, the department shall set the item for public hearing
before the commission or board. Parcels which are subject of a California
Land Conservation Act of 1965 contract shall be regulated by Sec.
66474.4 of the State Map Act. At least ten days prior to the public
hearing, the department shall give notice thereof by at least one
publication in a newspaper of general circulation within the county.
The notice of a public hearing shall state the time, date, place of
the hearing, general explanation of the tentative parcel map to be
considered, location, general description of the location of the tentative
parcel map and street address, if any, of the property.
B.
In
addition, the department shall provide notice of the application to
all persons, including businesses, corporations, or other public or
private entities, shown on the latest equalized assessment roll, as
owning real property within three hundred feet in areas within a sphere
of influence and one-quarter of a mile outside any sphere of influence,
of the subject application. Notice shall be provided by at least one
of the following methods:
(Prior code §9-26(f); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
A tentative parcel map shall not be approved or conditionally
approved by the commission or board unless the commission finds that
the proposed subdivision, together with the provisions for its design
and improvements, is consistent with the county general plan and applicable
community and specific plans of the county.
(Prior code §9-26(g); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
A tentative parcel map shall not be approved or conditionally
approved by the commission or board if it makes any of the following
findings:
A.
That
the proposed map is not consistent with applicable general and specific
plans;
B.
That
the design or improvement is not consistent with applicable general
and specific plans;
C.
That
the site is not physically suitable for the proposed density of development;
D.
That
the site is not physically suitable for the type of development;
E.
That
the design or the proposed improvements are likely to cause substantial
environmental damage or substantially and avoidably injure fish or
wildlife or their habitat;
F.
That
the design or the type of improvements are likely to cause serious
public health problems;
G.
That
the design or the type of improvements will conflict with easements
acquired by the public at large, for access through, or use of property
proposed for division. In this connection, the commission may approve
a map if it finds that alternate easements for access or for use will
be provided and that these will be substantially equivalent to ones
previously acquired by the public. This subsection shall apply only
to easements of record or easements established by judgment of a court
of competent jurisdiction.
(Prior code §9-26(h); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
Improvements required as a condition of approval by the commission
or board of parcel maps, where one or more parcels are to be less
than twenty acres in area, shall be:
A.
Rights-of-way
for road widening are required to conform to the county general plan,
select system or specific plans. If dedications of streets, street
widening, alleys, walkways, easements, public utility easements, or
other public ways or access rights are required by the commission
as conditions of approval of a parcel map, such dedications shall
either be shown on and offered by a certificate on the final map or
made by separate instrument, shall be signed by those parties having
any record title interest in the real property being subdivided in
accordance with the provisions of Section 66439 of the Government
Code. If dedication or offers of dedication are made they shall be
recorded concurrently with or prior to the parcel map being filed
for record.
(Prior code §9-26(i); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986; Ord. CS 1081 §1, 2010)
The director shall not present the final parcel map for recording
until:
A.
The
map is found technically correct;
B.
The
subdivider has completed required dedications for road widening, road
reservations, and public utility easements if not shown on the final
parcel map;
C.
The
subdivider has completed required improvements or has executed an
agreement with the director or his authorized deputy, joined in by
all persons having a significant deeded interest in the property,
agreeing to perform all required improvements, including irrigation
supply and drainage facilities; and
D.
The
subdivider has filed a satisfactory surety bond, cash or instrument
of credit guaranteeing the completion of all required improvements;
and
E.
Deposited
the recording fee required by law;
F.
The
subdivider has filed with the final parcel map computations and traverse
data showing closure of all courses which shall close within a limit
of error of one part in ten thousand.
(Prior code §9-26(j); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986; Ord. CS 684 §1, 1998)
Failure to file a final parcel map for checking and recording
within twenty-four months after approval or conditional approval shall
nullify the approval granted. Upon application of the subdivider,
filed prior to the expiration of the approved or conditionally approved
tentative map, the time at which the map expires may be extended by
the commission for a period or periods not exceeding a total of three
years, if it determines that conditions affecting the parcel map have
not substantially changed. If the commission denies a subdivider's
application for extension, the subdivider may appeal to the board
within fifteen days after the commission has denied the extension.
(Prior code §9-26(k); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
Final parcel maps 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 shown as a matter
of survey, but only by reference to the existing record boundaries
of such remainder, if such remainder has a gross area of five acres
or more as provided in the Subdivision Map Act. At such time as a
designated remainder is sold, leased or financed, either a certificate
of compliance or a conditional certificate of compliance shall be
issued prior to completion of the sale. Parcel maps shall be based
upon a field survey and shall conform with the Land Surveyor's Act
and the Subdivision Map Act. Parcels being created shall be fully
surveyed and monumented prior to the map being recorded.
(Prior code §9-26(1); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
A.
The
final parcel map shall be accompanied by a report prepared by a duly
authorized title company naming the persons whose consent is necessary
to the preparation and recording of the map and to the dedication
of streets, alleys, and other public places shown on the map and certifying
that as of the date of preparation of the report, the persons therein
named are all the persons necessary to give clear title to the subdivision.
At the time of recording of the final map, there shall be presented
to the county recorder a written certificate of assurance, executed
by a duly authorized title company for the benefit and protection
of the county, that all such persons have joined in or consented to
the preparation and recordation of the map and the offers of dedication
shown thereon.
B.
However,
with respect to a division of land into four or fewer parcels, where
dedications or offers of dedications are not required, the certificate
shall be signed and acknowledged by the subdivider only; provided,
however, where a subdivider does not have a record title ownership
interest in the property to be divided the director may require that
the subdivider provide the board with satisfactory evidence that the
persons with record title ownership have consented to the proposed
division. For purposes of this subsection, "record title ownership"
means fee title of record unless a leasehold interest is to be divided,
in which case "record title ownership" means ownership of record of
such leasehold interest; "record title ownership" does not include
ownership of mineral rights or other subsurface interest which have
been severed from ownership of the surface.
(Prior code §9-26(m); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
A.
The
requirements for a final parcel map may be waived by the planning
commission.
(Prior code §9-27; Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
Six copies of the tentative parcel map shall be submitted to
the department and shall be accompanied with a checking fee equal
to that of other parcel maps, in such amount as may be fixed from
time to time by order or resolution of the board.
(Prior code §9-27(a); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
(Prior code §9-27(b); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
The planning commission may waive the requirement for a final
parcel map when all of the following findings can be established:
A.
The
proposed parcel(s) complies with the minimum area requirement as established
by the zoning ordinance;
B.
The
design of the proposed parcel(s) is in compliance with this title
and with all requirements of the county general plan;
C.
That
all necessary improvements as required by this title and the county
general plan have been installed;
D.
All
drainage facilities for storm drainage and/or agricultural drainage
have been installed and are consistent with the county storm drainage
master plan and all requirements of the department of public works;
E.
All lots front on county maintained road constructed to county standards, as required by Section 20.52.170;
F.
All
existing sanitary disposal facilities and any proposed facilities
meet with all appropriate codes and with environmental resources requirements
and approval;
G.
All
existing domestic water facilities and any proposed facilities meet
with all appropriate codes and with environmental resources requirements
and approval;
H.
That
all lot lines and lot corners have been established in compliance
with the requirements of the Land Surveyor's Act;
I.
That
the proposed division complies with all provisions of the Subdivision
Map Act and any county ordinances which provide for environmental
protection.
(Prior code §9-27(c); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
Upon waiver of the parcel map requirement by the commission;
submission of proper legal descriptions; and the receipt of the fee
for filing of a certificate of compliance in such amount as may be
fixed from time to time by order or resolution of the board, the director
shall file a certificate of compliance for the land being divided.
(Prior code §9-27(d); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
