Title 17 SUBDIVISIONS
Chapter 17.72 PARCEL MAPS*
17.72.010 Short title.
17.72.020 Purpose.
17.72.030 Definitions.
17.72.040 Parcel map committee.
17.72.050 Parcel map committee chairman.
17.72.060 Law governing divisions.
17.72.100 Preparation of parcel map.
17.72.110 Number of prints of parcel map.
17.72.120 Size of prints of parcel map.
17.72.130 Reassembly of parcels.
17.72.140 Tentative parcel map.
17.72.141 Hearing before planning commission.
17.72.150 Fees.
17.72.160 Filing.
17.72.170 Distribution.
17.72.180 Parcel map committee action.
17.72.184 Construction of improvements.
17.72.185 Driveway access.
17.72.186 Improvement agreements.
17.72.187 Public utilities.
17.72.190 Approval of parcel map.
17.72.200 Appeal to the board of supervisors.
17.72.210 Action on appeal.
17.72.220 Building, land use and zoning permits.
17.72.230 Variance procedure.
17.72.240 Voidability of conveyance.
17.72.250 Compliance.
17.72.260 Enforcement procedures.
17.72.270 Penalty for violation.
17.72.280 Waiver of parcel maps.
17.72.350 Certificate of tax collector-Treasurer.
17.72.360 Reapplication for parcel map, waiver, variance or lot line adjustment.
* Prior ordinance history: Ords. 298-B-188, 298-B-201, 298-B-257,
298-B-288, 304, 304-A, 304-B, 304-C, 304-D, 304-E, 304-F, 378, 385, 404, 404-A,
404-B, 404-C, 404-D, 404-E, 404-H, 404-I, 404-J, 404-K, 449-A, 469, 542 and Res.
72-539A.
17.72.010 Short title.
This chapter shall be known as the “Parcel Map Ordinance.”
(Ord. 278N § 16(part), 2004).
17.72.020 Purpose.
The purpose of this chapter is to promote the orderly development of the
land within the unincorporated area of the county wherein this land does not
constitute a subdivision which requires a tentative and final map within the
meaning of the Subdivision Map Act of the state; to protect purchasers and
surrounding land owners; to prevent circumvention of existing subdivision,
zoning and building ordinances and regulations; and to insure the reservation of
adequate streets for vehicular traffic and adequate access to land so divided;
to assure compliance with the sewer and water ordinances of the county; and to
avoid danger and expense to the public through adequate control and regulation
of surface drainage; and to provide for the local administration of the State
Subdivision Map Act as embodied in Title 7 of the Government Code, commencing
with Section 65000. (Ord. 278N § 16(part), 2004).
17.72.030 Definitions.
A. “Person” means an individual, firm, partnership,
association, corporation, trust, syndicate, agent, broker or escrow
agent.
B. Any reference to the “last assessment map” in this
chapter means the master parcel map dated March 1, 1967, and designated as
assessor’s books 64, 65 and 66 on file in the office of the planning
director of the county.
C. Division means any sale, contract to sell, lease
or financing arrangement which results in a division of a parcel as shown on the
“last assessment map.” (Ord. 278N § 16(part), 2004).
17.72.040 Parcel map committee.
There is herewith established a parcel map committee composed of the
county assessor, the county road commissioner, the county planning director, the
county environmental health director, the county fire department and the county
surveyor; or, in their absence, duly authorized deputies. (Ord. 278N §
16(part), 2004).
17.72.050 Parcel map committee chairman.
The county planning director shall act as chairman of the parcel map
committee and all files and records shall be maintained in and by the planning
department. (Ord. 278N § 16(part), 2004).
17.72.060 Law governing divisions.
Every person acting as grantor, grantee, vendor, vendee, purchaser, buyer,
broker for any such person, escrow agent for any such person or agent of any
such persons, shall divide or participate in the division of any parcel of land
as the same appears upon the master parcel map on file in the office of the
planning director, shall so divide the land in compliance with this chapter,
except a subdivision, which requires a tentative and final map as provided for
in the Subdivision Map Act (Government Code Section 66410, et seq.) (Ord. 278N
§ 16(part), 2004).
17.72.100 Preparation of parcel map.
The parcel map shall be prepared by a registered civil engineer or
licensed land surveyor, licensed in the state of California. The parcel map
shall conform to all the following provisions:
A. The map shall be clearly
and legibly drawn on good quality tracing cloth or polyester based drafting
film. If polyester based film is used, it shall have a minimum of four mils and
shall be of a washable type. It shall include certificates, except that such
certificates may be legibly stamped or printed upon the map with opaque ink when
approved by the county recorder. If ink is used on polyester base film, the ink
surface shall be coated with a suitable substance to insure permanent
legibility.
B. Minimum lettering size on any part of the map including
certificates and legal descriptions shall be L120 (approximately one-eighth of
an inch base height).
C. The size of each sheet shall be eighteen inches by
twenty-six inches. A marginal line shall be drawn completely around each sheet,
leaving an entirely blank margin of one inch. The scale of the map shall be
large enough to show all details clearly and enough sheets shall be used to
accomplish this end. The particular number of the sheet and the total number of
sheets comprising the map shall be stated on each of the sheets, and its
relation to each adjoining sheet shall be clearly shown.
D. The exterior
boundary of the land included within the parcel map shall be indicated by a blue
line of approximately one-eighth of an inch in width.
E. Each parcel shall
be numbered.
F. The map shall show the definite location of the original
parcel or parcels, and particularly its relation to surrounding surveys, based
upon a field survey made in conformity with the Land Surveyors Act when the area
of a parcel is less than forty acres. When the area of a parcel is forty acres
or more, the boundaries of that parcel map may be compiled from recorded or
filed data when sufficient survey information exists on filed maps to locate and
retrace the exterior boundary lines of the parcel if the location of at least
one of these boundary lines can be established from an existing monumented line.
All existing structures and improvements located on the original parcel,
together with their dimensions; the distance between structures and to the
boundary; and the number of stories or the height of each structure. The map
shall show any significant natural features or improvements within two hundred
feet of the proposed parcels that have a direct bearing on the useable area of
the parcels.
G. The location and name of all streets; center lines of
streets; the length, tangents, radii, central angle and radial bearings of
curves; the total width of each street and the width on each side of the
centerline; the width of the portion of the street being dedicated and the width
of any existing dedication. All street and road construction shall take place
within dedicated rights-of-way. Therefore, new rights-of-way shall be
sufficient width to allow construction of the required road section plus cut or
fill slopes in accordance with county requirements. An offer of dedication of
land for street, highway or public utility easement purposes shall be deemed not
to include any public utility facilities located on or under such land unless,
and only to the extent, an intent to dedicate such facility is expressly stated
in the certificate.
H. The location and dimensions of any public areas, and
the acreage contained therein to the nearest one hundredth of an
acre.
I. Locations and widths of drainage channels, flood lines and flood
hazard boundaries. Locations of existing and proposed flood controls
works.
J. Locations and widths of railroad rights-of-way. Identify the
owner.
K. Waivers of rights of access to and from highways and water
courses, where appropriate.
L. Locations, widths and names of streets and
alleys adjacent to the subdivision.
M. Net dimensions of each parcel. If
ditto marks are used, include actual dimension on the line at each end of the
series.
N. All dimensions shall be given in feet and hundredths of
feet.
O. All angles shall be given in degrees, minutes and seconds, to the
nearest second.
P. Location and description of suitable primary survey
control points including section corners or other monuments accepted outside the
boundary of the subdivision.
Q. Boundaries of easements or private
rights-of-way abutting or traversing any part of the original parcel. These
boundaries shall be shown by means of a dotted line and the name of the person
or firm holding right-of-easement or right-of-way shown on the map.
R. At
the time of making the survey for the final map, the engineer or surveyor shall
set durable monuments to conform with the standards described in Section 8771 of
the Business and Professions Code at the angle points along the exterior
boundary of the original parcel, along the division lines and along the limiting
lines of highways, roads or streets.
S. Date of preparation and issuance of
soils report, together with the name of the engineer or engineering firm that
prepared the report. Soils report shall include: percolation rates for sewage
disposal; R-values for road construction with test locations consistent with
proposed road alignments and is sufficient number as approved of by the road
commissioner; a determination as to whether the soil is expansive or not, and if
expansive minimum recommendations for foundation requirements for single family
dwellings; and slope stability analysis for proposed cuts or fills greater than
2:1.
T. Submit a computer disk or a coordinate sheet printout listing all
boundary points and closure information for the original parcel and all parcels
created by this map. If the map is produced using a CAD program, a disk
containing the .dwg or .dxf file is acceptable.
U. Certificates shall appear
on a parcel map as follows:
1. “APPLICANT’S
CERTIFICATE
I hereby apply for approval of the division of real property
shown on this parcel map and certify that I am the legal owner of said property
and that the information shown hereon is true and correct to the best of my
knowledge and belief.
______________________
(Legal
Owner)
______________________
(Address)
______________________
(Telephone)
______________________
Date
The map must be signed by all those individuals holding record
title interest (as defined in Section 66436 of the Subdivision Map Act) in the
property.
All signatures must be acknowledged (notarized). All maps
must be accompanied by a title report, issued by a title company, with a
guarantee of not less than $1,000, covering all land encompassed by the
map.”
2. “SURVEYOR’S CERTIFICATE
This map was
prepared by me or under my direction (and was compiled from record data) (and is
based upon a field survey) in conformance with the requirements of the
Subdivision Map Act and local ordinance at the request of (name of person
authorizing map) on (date). I hereby state that this parcel map substantially
conforms to the approved or conditionally approved tentative map, if
any.
(Signed) _______________________
R.C.E. (or L.S.) No. ___________.”
3. “COUNTY
SURVEYOR’S CERTIFICATE
This map conforms with the requirements of
the Subdivision Map Act and County ordinances.
(Signed) _______________________
COUNTY
SURVEYOR
Date: ______________.”
4. “RECORDER’S
CERTIFICATE
Filed this _______ day of ________, 20__ at _____m. in Book
____________ of Maps at Page _____ of Madera County Records at request of
________________________________
___________________________
COUNTY
CLERK-RECORDER
by
_________________________
Deputy.”
5. “PARCEL MAP COMMITTEE APPROVAL
Approved:
__________________________________
Chairman, Parcel Map Committee
Madera County, California
Date:_____________________________
For
the Parcel Map Committee.”
(Ord. 278N § 16(part),
2004).
17.72.110 Number of prints of parcel map.
A sufficient number of prints of the parcel map shall be filed with the
parcel map committee at the office of the planning department. (Ord. 278N
§ 16(part), 2004).
17.72.120 Size of prints of parcel map.
The prints of the parcel map required under Section 17.72.110 shall be on
paper eight and one-half inches by eleven inches, or eleven inches by seventeen
inches, or eighteen inches by twenty-six inches. Whichever size is chosen, it
is required that the image be readable without the aid of optical magnification.
(Ord. 278N § 16(part), 2004).
17.72.130 Reassembly of parcels.
A. A parcel map may be submitted according to the requirements of this
chapter, wherein parcels are assembled in a new way, provided that not more than
the original number of parcels results.
B. Lot lines removed by this action
shall be shown on the parcel map by means of lines composed of short dashes
separated by two dots.
C. In the event that additional parcels are to be
created subsequent to such a reassembly, a separate map, subject to the
requirements of this chapter, shall be submitted not less than fifteen days
following the recording of the related map showing the reassembly. (Ord. 278N
§ 16(part), 2004).
17.72.140 Tentative parcel map.
A tentative map drawing shall be filed at the time of application for a
parcel map division. Such map should contain all of the information required
for a final parcel map, except the surveyor’s certificate,
recorder’s certificate or parcel map committee approval, or county
surveyor’s certificate. The tentative parcel map shall be approved or
submitted to the planning commission by the parcel map committee upon the
following conditions:
A. Said tentative map shall be eight and one-half
inches by eleven inches, eleven inches by seventeen inches, or eighteen inches
by twenty-six inches.
B. Such map may show dimensions of lot lines as best
estimated and need not show bearings. The tentative parcel map should be drawn
to a scale of one inch equals one hundred feet unless another scale is approved
by the chairman of the parcel map committee.
C. The original and a
sufficient number of copies shall be filed with the application for the parcel
map, and can include any other record or data that bears on the past or present
ownership of the property involved may be required by staff to verify ownership
(i.e., grant deeds, escrow papers, etc.) with tentative map submission (prior to
initiation of the parcel map processing).
D. The filing fee required by the
application shall be paid at the time of filing the tentative parcel map. All
other fees such as field surveying by the county surveyor or the county road
department, shall be paid as specified in this chapter.
E. The chairman of
the parcel map committee shall give notice of a meeting of the parcel map
committee to consider the approval of said tentative map, or the submission
thereof to the planning commission.
F. The notice of the meeting of said
parcel map committee shall be given to the following persons:
1. Road
commissioner;
2. County engineer;
3. County environmental health
director;
4. County assessor;
5. County fire department;
6. To the
applicant for the division of land;
7. To the owner of the land to be
divided;
8. To the owner of each parcel of land within three hundred feet of
the parcel of land to be divided pursuant to the tentative map submitted with
the application;
9. The mailing of notice shall constitute service of said
notice upon the person or parties addressed. Such fact may be established by an
affidavit of mailing
executed by the chairman of the parcel map committee, or
his authorized agent.
G. Said notice shall contain the following
information:
1. The name of the applicant for the division of
land;
2. The name of the owner of the land to be divided;
3. A
description of the land to be divided, identifying said land in common terms
such as address, location as to named roads and intersections, so as to give as
clear an indication as is possible as to its ownership and location;
4. The
time and place of the meeting of the parcel map committee, but in no event shall
the meeting be set for a time less than ten days from the date of mailing the
notice or more than thirty days from the date of mailing the notice;
5. The
notice shall specify a public hearing date, time and location on the
division;
6. All members of the parcel map committee (road department,
engineering department, environmental health department, fire department,
assessor’s office and the planning department) shall have their
recommendations in connection with said parcel map on file with the planning
department on or before the date of said meeting;
7. The notice shall
contain any other information which is pertinent as determined by the chairman
of the parcel map committee.
H. The meeting of the parcel map committee in
connection with any parcel map shall consider and determine the
following:
1. If no comments, either oral or written, have been filed with
the parcel map committee, and the recommendations have been filed as required by
the departments, then the parcel map shall be forwarded for hearing by planning
commission in accordance with the provisions of this chapter and said
recommendations;
2. The parcel map committee shall make rules and
regulations pertaining to continuances with the proceedings provided for herein;
provided, that no continuance shall be granted for a greater period of time than
sixty days. Said sixty days shall include the accumulation of any continuances.
If the sixty days shall expire without a determination by the parcel map
committee, then the chairman of the committee shall automatically set the parcel
map and its consideration for hearing before the planning commission. (Ord.
278N § 16(part), 2004).
17.72.141 Hearing before planning commission.
The hearing before the planning commission shall be noticed as herein
specified and said hearing shall be scheduled at the earliest possible time;
provided, that at the hearing the planning commission may, for good cause,
continue the hearing, but not for a period of time in excess of sixty days.
Said hearing and appeal therefrom shall be conducted upon the following
conditions:
A. The commission shall consider the division of land and
determine whether the division is in accordance with the rules and regulations
established by state statute, and the ordinances of the county and whether any
substantial injury would be caused to any real property right or interest of any
person objecting to said parcel map.
B. The commission may approve,
disapprove or approve said division of land upon specific terms and
conditions.
C. The order of the planning commission shall be followed in the
processing of said parcel map.
D. The order of the commission may be
appealed to the board of supervisors by any department, or any person appearing
at said hearing and adversely affected by the decision thereof. Said appeal
shall be made in writing within fifteen days from the date of the decision by
the planning commission, upon the payment of an appeal fee.
E. Failure to
file the appeal within the time specified herein is jurisdictional. (Ord. 278N
§ 16(part), 2004).
17.72.150 Fees.
A. Fees shall be as specified by resolution of the board of
supervisors.
B. Additional fees may be required for field work accomplished
by the county surveyor, road department, fire department and/or planning
department. Such fees shall be as established by resolution of the board of
supervisors. (Ord. 278N § 16(part), 2004).
17.72.160 Filing.
The parcel map shall be filed with the planning department during its
normal working hours. The chairman of the parcel map committee or his duly
authorized deputy shall have the authority to reject the parcel map for reasons
of inaccuracy, illegibility or incompleteness, according to the requirements of
this chapter. The chairman of the parcel map committee shall not accept a map
for filing unless the filing fee has been paid and, further, shall not sign a
parcel map as approved until the cost of field work reported under Section
17.72.150 has been paid. Refusal of the chairman of the parcel map committee to
accept a parcel map shall be subject to appeal to the board of supervisors
according to the rules for appeal. (Ord. 278N § 16(part), 2004).
17.72.170 Distribution.
The chairman of the parcel map committee shall then distribute the copies
of the parcel map to each member of the parcel map committee, together with a
memorandum containing other significant information pertaining to this land
division. (Ord. 278N § 16(part), 2004).
17.72.180 Parcel map committee action.
The members of the parcel map committee shall review the parcel map,
approving or disapproving, within twenty calendar days of receipt of the parcel
map and may approve the parcel map only if all of the following conditions
prevail:
A. The division conforms to all applicable zoning and subdivision
regulations of the county pertaining to the size of lots, shape and dimensions
of lots, location and distance requirements of structures; and potential land
uses applicable under the existing zoning;
B. The angle of intersection with
the abutting streets and the location, grade and alignment of any new streets
established by the division and intended for vehicular access conform to the
standards established by the county;
C. The disposal of sewage from or
within the parcels will not, in the opinion of the environmental health director
constitute a problem; or does not violate the requirements of Chapter 7.24 and
Articles I and II of Title 13 of this code;
D. 1. An offer of dedication is
made to the county for any access from a county road or roadway to each parcel
created pursuant to the map. Such offer of dedication shall be by separate
instrument or other recordable document, acceptable to the county road
commissioner and shall be in such terms as to be binding on the owner, his
heirs, assigns or successors in interest.
2. The requirement of this
subsection does not imply that the county must accept the offer. The board of
supervisors shall act upon such offers according to state law and provisions of
Government Code Sections 66492 and 66494 with respect to the policy of the board
as established by resolution.
3. The parcel map committee chairman shall not
approve the parcel map until and unless it has the certificate of county counsel
approving the separate instrument or other recordable document acceptable to the
county road commissioner dedicating the proposed right-of-way. The planning
department shall file all offers of dedication made pursuant to this section
with the county recorder.
4. Notwithstanding the other provisions of
subsection D of this section, the parcel map committee may accept, in lieu of an
offer of dedication for highway purposes, a photostatic copy of a use permit for
highway purposes granted by the United States Forest Service to the person or
persons applying to the county for the division of property. If the parcel map
committee does accept the use permit as specified in this section, then, in that
event, the parcel map shall have inscribed the following certificate upon
it:
CERTIFICATE
The division of land by this Parcel Map requires access across government
forest land. The United States Forest Service has granted a use permit to the
undersigned for road purposes. Any maintenance, construction or repair required
in connection with said road is the responsibility of the undersigned and the
United States Forest Service. The undersigned, or any person claiming title to
land by reason of this parcel Map, shall not make any demands upon the County of
Madera for maintenance and repair of said road.
E. Any existing or new street intended for, or serving as, principal
means of vehicular access to the property shown on the parcel map, has a minimum
right-of-way width of sixty feet if the original parcel is capable of being
divided into more than four building sites under this chapter or any applicable
subdivision or zoning regulation of the county. Wider street right-of-way may
be required by the road planning and/or department;
F. Every parcel, each of
a gross area of forty acres or less, has an access approved by the county road
department to a county roadway. Such approval shall include, but shall not be
limited to, any construction required by the county road and/or planning
department in connection with the offer of dedication required by subsection D
of this section. (Ord. 278-Q § 1, 2006: Ord. 278N § 16(part),
2004).
17.72.184 Construction of improvements.
Except as provided by Section 17.72.186, no parcel map shall be recorded
unless all improvements required pursuant to this chapter are completed and
accepted, unless bonded pursuant to Section 17.72.186 of this title. (Ord. 278N
§ 16(part), 2004).
17.72.185 Driveway access.
A. Except as permitted by this chapter, driveway access to parcels shall
be from the driveway location within the parcel’s deeded frontage or
offered for dedication frontage as depicted on the parcel map.
B. Driveway
access shall be certified by a registered civil engineer, licensed in the state
of California and shall include the following representations:
1. The
driveway can be constructed in the location shown on the tentative and final
maps in compliance with the requirements of Public Resources Code Section 4290
and county development standards. If it is determined that a driveway cannot be
constructed for each parcel, the applicant will be required to file an amended
tentative map which will provide driveways to each parcel as re-recorded on the
map.
2. The driveway meets the AASHTO or Caltrans requirements for adequate
sight distance to permit safe road access.
C. The road commissioner or his
designee, in his discretion, may permit design exceptions to allow driveway
access at other points within the parcel frontage so long as the driveway meets
the requirements of Public Resources Code Section 4290, county development
standards and AASHTO or Caltrans requirements for adequate sight distance,
unless the access rights have been waived. If access has been waived, the
driveway must be constructed in the exact location shown on the recorded parcel
map. (Ord. 610 § 2, 2005).
17.72.186 Improvement agreements.
Prior to the recordation of a final parcel map, the county may enter into
an agreement with the applicant to provide for the completion of designated
improvements required pursuant to this chapter. At the time of filing the
agreement, the subdivider will deposit with the county an acceptable security.
The amount of this security will be equal to one hundred fifty percent of a
California registered civil engineer’s cost estimate. The cost estimate
must be approved by the county engineer, road commissioner or their designee.
The security amount (one hundred fifty percent of the approved estimate)
includes one hundred percent for performance and fifty percent for labor and
materials. The agreement shall specify the date by which the improvements shall
be completed. Existence of the agreement shall be noted on the final parcel map
or in the resolution approving a parcel map waiver and the agreement shall be
recorded in the official records of the county. (Ord. 278N § 16(part),
2004).
17.72.187 Public utilities.
Prior to final map recordation, the applicant or his authorized agent will
provide the planning director with will serve letters from the appropriate
water, wastewater, power and telephone companies. (Ord. 278N § 16(part),
2004).
17.72.190 Approval of parcel map.
Providing the requirements of all ordinances and regulations of the county
and this chapter are met, such parcel map may be approved by the parcel map
committee. Upon approval of the parcel map by the members of the
committee:
A. The original parcel map shall be endorsed by the chairman of
the parcel map committee. One copy of the signed, approved parcel map shall be
made and permanently filed in the planning department;
B. The planning
department shall immediately notify the property owner of the approval of the
parcel map;
C. The parcel map, along with the recording fee supplied by the
applicant, shall then be submitted for recording to the office of the county
recorder by the planning department. All maps must be accompanied by a
certificate from the county counsel’s office that all required signatures
appear on the map;
D. The property may then be divided as shown on the
approved parcel map. (Ord. 278N § 16(part), 2004).
17.72.200 Appeal to the board of supervisors.
In the event that the applicant, or any member of the parcel map
committee, or any other person, firm or corporation is not satisfied with the
action of the planning commission, within fifteen days of such action, an appeal
may be filed in writing to the board of supervisors. Such an appeal shall be
accompanied by a fee, as specified by resolution of the board of supervisors,
payable through the planning department to the general fund of the county, to
defray the costs of hearing in the appeal, except that members of the parcel map
committee shall not be required to pay the fee. No building or land use permit
shall be issued while such appeal is being processed and any related building or
land use permit issued shall be null and void, and any construction thereunder
immediately terminated. (Ord. 278N § 16(part), 2004).
17.72.210 Action on appeal.
Upon receipt of the written appeal and subsequent to the payment of the
appeals fee, the board of supervisors shall set a date for a hearing on the
appeal. The board of supervisors shall give such notice as it shall determine.
The board of supervisors shall hear the appeal and shall render its decision on
the appeal within forty days of the filing of the appeal, unless said forty-day
period is waived by the appellant. (Ord. 278N § 16(part), 2004).
17.72.220 Building, land use and zoning permits.
Compliance with this chapter is a condition precedent to the issuance of a
building permit, land use or zoning permit by any person authorized to issue
such permits in the unincorporated territory of the county.
Building
permits, land use and zoning permits issued without prior compliance with this
chapter, subsequent to its passage, are void. Upon the discovery of the
issuance of such permits without compliance herewith, it shall be the duty of
the building inspector to notify the person to whom such permit was issued of
the requirements of this chapter and to demand all building and construction
work to cease immediately until this chapter has been complied with.
This
chapter shall be deemed complied with, if the division of land accomplished does
not vary from the parcel map submitted to the parcel map committee in an amount
greater than three percent of the area of each parcel or lot affected. (Ord.
278N § 16(part), 2004).
17.72.230 Variance procedure.
A variance to any provisions of this chapter, except the requirement of,
or the waiver procedure for, a parcel map, may be granted by the board of
supervisors upon the following conditions:
A. A written application stating
the specific reasons for the variance request accompanied by a fee established
by resolution of the board of supervisors;
B. A public hearing held before
the board within sixty days of the filing of the application and upon notice as
required by law;
C. The following findings are made in writing by the board
of supervisors:
1. The variance is necessary because of special
circumstances related to the applicant’s property which do not exist on
adjacent properties,
2. The applicant will be deprived of a substantial
property right if the variance is not granted,
3. Granting the variance will
not amount to a special privilege for this applicant otherwise not available to
other property owners;
D. The resolution granting the variance shall be
printed on the face of the parcel map. (Ord. 278N § 16(part),
2004).
17.72.240 Voidability of conveyance.
Any conveyance or contract to convey made contrary to the provisions of
this chapter is voidable to the extent and in the same manner provided in
Section 66499.32 of the Government Code of the state. (Ord. 278N §
16(part), 2004).
17.72.250 Compliance.
It is unlawful for any person, firm, association, syndicate, partnership,
corporation, trust, escrow agent or any other legal entity, as a principal,
agent or otherwise, to sell, to contract to sell, or to cause or permit to be
sold, or participate in the sale of, lease or use for financing, any portion of
any division of land regulated by this chapter, improved or unimproved, in the
county, unless and until all the requirements hereinbefore provided have been
complied with. Any offer for sale shall be contingent on compliance with all
requirements hereinbefore prescribed. (Ord. 278N § 16(part),
2004).
17.72.260 Enforcement procedures.
A. Upon discovery of an apparent violation of this chapter, each member of
the parcel map committee shall immediately report by memorandum to the chairman
of the parcel map committee all available information concerning the apparent
violation. The chairman of the parcel map committee shall review such
information and determine that an apparent violation has or has not occurred.
If he/she determines that an apparent violation has occurred, he/she shall cite
the grantor(s), the grantee(s), the vendor(s), the vendee(s), and any
principal(s), agent(s), broker(s), escrow agent(s) or any other involved
person(s) to appear at a specified time to show cause, if they have any, why a
parcel map was not filed in accordance with this chapter. The citation shall be
served personally or by certified mail, return receipt requested. The mailing
of the citation shall constitute service.
B. The chairman of the parcel map
committee shall conduct the hearing and if he/she determines that a violation of
this chapter has occurred, he/she shall require the filing of a parcel map
pursuant to this chapter within
thirty days. Failure to file the parcel map
within thirty days as ordered by the chairman of the parcel map committee shall
thereafter require doubling the fees that would normally be required for the
filing fee for any map in connection with any such violation. The chairman of
the parcel map committee is authorized and directed to collect this additional
fee in the event that more than thirty days has passed from the date of
notification as provided in this section. Such fee shall be deposited in the
general fund as provided in Section 17.72.200.
C. If an acceptable parcel
map is not filed thereafter within an additional thirty days, the chairman of
the parcel map committee is authorized and directed to refer the matter to the
district attorney or the county counsel for appropriate legal action. (Ord.
278N § 16(part), 2004).
17.72.270 Penalty for violation.
The penalty for violation of this chapter shall be as prescribed in
Chapter 1.12 of this code, except that nothing herein contained shall be deemed
to bar any legal, equitable or summary remedy to which the county, any other
political subdivision, or any person may otherwise be entitled, and the county,
any other political subdivision, or any person may file an action in the
superior court of the county to restrain or enjoin any attempt or proposed
division, subdivision, or sale, in violation of this chapter. Each person or
other legal entity shall be deemed guilty of a separate offense for every day
during any portion of which any violation of any provisions of this chapter is
committed, continued or permitted, and shall be punishable therefor as provided
by this chapter. (Ord. 278N § 16(part), 2004).
17.72.280 Waiver of parcel maps.
The requirements under this chapter for a parcel map may be waived by the
board of supervisors as follows:
A. The application for a waiver shall be in
writing, shall state the specific reasons for the waiver, shall be accompanied
by a filing fee established by resolution of the board of
supervisors.
B. The application shall be accompanied by a tentative parcel
map conforming to Section 17.72.140; a property description; the established fee
for a parcel map; a litigation guarantee insuring the county in an amount not
less than one thousand dollars; written consents, in a format acceptable to the
county, from all persons holding record title interest in the property for which
the waiver is sought; information sufficient for the board to make the findings
required of subsection D of this section; and any other information requested by
the parcel map committee.
C. The parcel map committee shall review the
application and tentative map and submit written comments to the clerk of the
board of supervisors within thirty days of the filing date of the
application.
D. The board of supervisors shall, within thirty days from the
date of receipt of the parcel map committee comments, hold a public hearing to
consider those comments and receive any other evidence. The board may grant the
waiver if specific findings based upon the evidence are made that the proposed
division complies with applicable requirements as to area, improvements and
design, floodwater drainage control, appropriate improved public roads, sanitary
disposal facilities, water supply availability, environmental protection and
other requirements of the State Subdivision Map Act (Government Code Sections
66410 et seq.) and this code. The board may place reasonable
conditions upon granting the waiver to insure the public health, safety and
welfare, and shall require a description satisfactory to the county engineer of
the property for which the waiver is sought.
E. A waiver granted by the
board shall be effective only upon recording a copy of the board resolution, the
consent(s) of the record title interest holders and any record of survey or
other property description required by the board, and upon fulfilling any
conditions placed upon the waiver by the board. The waiver shall be void and of
no effect unless all requirements and conditions are satisfied within six months
after the board action. (Ord. 278N § 16(part), 2004).
17.72.350 Certificate of tax collector-Treasurer.
Before any parcel map may be recorded, the applicants shall obtain a
certificate from the tax collector-treasurer that all delinquent property taxes
on that property covered by said parcel map have been paid. The
applicants
shall also cause to be discharged prior to approval of said parcel map and any
and all liens against the property covered by said parcel map, which liens are
in favor of the county. (Ord. 278N § 16(part), 2004).
17.72.360 Reapplication for parcel map, waiver, variance or lot line adjustment.
Unless denied without prejudice, no person, including the original
applicant, shall reapply for the same parcel map, parcel map waiver, variance or
lot line adjustment on the same parcel or parcels within a period of one year
from the date of the final decision on such previous application, unless a
request for reapplication is granted according to the procedures and standards
set forth in Section 18.108.210. (Ord. 278N § 16(part),
2004).
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