Calaveras County Municipal Code Ch. 16.01 General Provisions

This title shall be known as "the Calaveras County subdivision ordinance."

(Ord. 1523 § 1(part), 1982).

(§ 66410, § 66411, § 66426)

A. The regulations of this title shall apply to all subdivisions made entirely or partially within the unincorporated portions of the county.

B. The planning director and county surveyor shall be responsible for an annual review of this title in relation to changes in the Subdivision Map Act and its effect on local regulation. The county surveyor shall ensure that such changes as necessary are presented for the approval of the board of supervisors within ninety days of the effective date of the changes in state law.

C. This title regulates and controls subdivision of real property, including but not limited to:

1. Subdivisions of land into four or fewer parcels;

2. Subdivisions of five or more parcels;

3. Reversions to acreage;

4. Boundary line adjustment;

5. Creation of five or more "time shares";

6. Conversion of existing multiple-family residential structures or mobile home parks into condominium, planned unit development or stock cooperative ownership;

7. Subdivision by gift deed;

8. Subdivision by partition.

(Ord. 1523 § 1(part), 1982).

No person shall sell, lease, finance or convey any parcel or parcels of real property for which a final or parcel map is required by this title until such map has been filed for record in the office of the county recorder.

(Ord. 1582 § 1, 1983: Ord. 1523 § 1(part), 1982).

A. This title shall not affect any subdivision bond or contract previously executed before the enactment hereof, or any subdivision previously approved, except as provided in subsection B of this section.

B. The following time limitations shall apply to tentative maps approved prior to the enactment of this ordinance:

1. Tentative map approval prior to January 1, 1982: valid for an initial period of twelve months. Extension of time not to exceed a cumulative total of eighteen months may be granted by the planning commission or board;

2. Tentative map approved on or after January 1, 1982 and prior to March 1, 1982: valid for an initial period of twenty-four months. Extensions of time not to exceed a cumulative period of eighteen months may be granted by the planning commission or board;

3. Tentative maps approved after March 1, 1982 and prior to the effective date of the ordinance codified in this chapter shall be valid for a period of thirty-six months. Extensions of time not to exceed a cumulative period of twenty-four months may be granted by the planning commission or board.

(Ord. 1523 § 1(part), 1982).

(§ 66474)

No tentative, parcel or final map shall be approved unless the proposed subdivision is in compliance with the General Plan or any applicable community, special or specific plan and the zoning ordinance.

(Ord. 1523 § 1(part), 1982).

A. Pursuant to Government Code Section 66474.4, prior to subdivision of lands subject to contract under the California Land Conservation Act of 1965 (Government Code Sections 51200 et seq.), the proposed map must be submitted to the county agricultural advisory committee for a determination whether the parcels proposed for creation are large enough to individually sustain economically viable agricultural use. A fee in the amount of fifty dollars per parcel to be reviewed must be submitted with the proposed map.

B. The decision of the agricultural advisory committee may be appealed to the board of supervisors by filing an appeal letter and an appeal fee of fifty dollars with the clerk to the board of supervisors within fifteen days of the date of the agricultural advisory committee's decision.

(Ord. 1938 § 1, 1988: Ord. 1523 § 1(part), 1982).

A. Notwithstanding Calaveras County Code Section 16.01.060, land under a Williamson Act Contract may be divided for the purpose of the transfer of a parcel of said land created by such division from one immediate family member to another if both of the following conditions are satisfied:

1. The parcel to be transferred conforms to the county general plan, zoning ordinance, and subdivision ordinance;

2. A written agreement approved by the agricultural commissioner is entered between the family member transferring the property and the immediate family member receiving the property, providing that the preserve be operated under joint management of the agreeing parties for the duration of the Williamson Act Contract. Such agreement shall be recorded.

B. The transfer of a portion of land under Williamson Act Contract to an immediate family member shall be permitted if both subdivisions 1 and 2 of subsection A above are complied with.

C. "Immediate family member," for the purposes of this section, means relatives within the second degree.

D. Any parcel created pursuant to this section and in compliance herewith may be used to secure a loan or loans for the construction of improvements on the parcel.

(Ord. 1719 § 1, 1984).

(§ 66424.2)

For the purposes of determining compliance with the Map Act, all parcels which merged prior to July 7, 1977 are hereby unmerged and separate parcels.

(Ord. 1523 § 1(part), 1982).

Any parcel shall be deemed to have been legally created if the parcel was created in conformity with county ordinances and state law existing at the time of the parcel's creation. "Creation," for the purpose of this section, means the time of recordation of a Parcel Map, a Final Map, Record of Survey or any transfer in fee as a separate, individual parcel.

(Ord. 2424 § 1, 1995: Ord. 1523 § 1(part), 1982).

(§ 66412.6)

A. Any parcel created prior to March 4, 1972, shall be presumed to have been lawfully created if any subsequent purchaser acquired the parcel for valuable consideration and without actual or constructive knowledge of a violation of the county subdivision ordinance.

B. Owners of parcels or units of land affected by the provisions of this ordinance shall be required to obtain a certificate of compliance or a conditional certificate of compliance pursuant to Government Code Section 66499.35 prior to obtaining a permit or other grant of approval for development of the parcel or unit of land. For purposes of determining whether the parcel or unit of land complies with the provisions of this subdivision ordinance and of local ordinances enacted pursuant thereto as required pursuant to subdivision (a) of said Section 66499.35, the presumption declared in this subdivision ordinance shall not be operative.

(Ord. 2424 § 2, 1995; Ord. 1523 § 1(part), 1982).

A subdivision shall be deemed established, for purposes of subdivision (d) of Government Code Section 66499.30 and any other provision of this title, on the date of recordation of the final map or parcel map, except that in the case of (1) maps filed for approval prior to March 4, 1972, and subsequently approved by the county, or (2) subdivisions exempted from map requirements by a certificate of exception (or the equivalent) applied for prior to such date and subsequently issued by the county pursuant to local ordinance. The subdivision shall be deemed established on the date the map or application for a certificate of exception (or the equivalent) was filed with the county.

(Ord. 1523 § 1(part), 1982).

(§ 66525)

The provisions of a tentative map shall be as set forth in this title and Title 7, Division 2, Chapter 2, Article 1 of the Map Act. No tentative map shall be required for any subdivision in which the smallest parcel is no less than forty acres in size or may be described as a quarter-quarter section.

(Ord. 1523 § 1(part), 1982).

No parcel or final map shall be approved unless there is proof, to the satisfaction of the county surveyor, that there is legal access to each parcel.

A. No tentative map shall be accepted as complete unless there are references on the tentative map to the legal access to the subject property. The reference shall be to recorded deed, parcel or final map or court order.

B. Access to the subject parcel to be subdivided and the resulting parcels therefrom shall be in accordance with and able to accommodate a road constructed to the standards of the applicable sections of county road improvement ordinances including Chapters 12.02 and 16.11 of this code.

(Ord. 2403 § 1, 1994: Ord. 1523 § 1(part), 1982).

(§ 66463)

A parcel map shall be filed for all subdivisions for which a final map is not required.

(Ord. 1523 § 1(part), 1982).

The planning director shall prepare a summary of all parcel maps in which parcels are forty acres (or a quarter-quarter section) and larger, but less than one hundred sixty acres (or a quarter section), and submit a copy of this report each calendar quarter to the planning commission. Said report shall include a county map indicating the location of the parcel maps and the number of parcels.

(Ord. 1523 § 1(part), 1982).

(§ 66428)

Applications may be made to the planning commission for a parcel map waiver. Such application shall be accompanied by a tentative map drawn in compliance with the requirements of this title. The planning commission may approve the request for a parcel map waiver, if it finds the parcel(s) to be created consistent with the provisions of this title, the Map Act, the General Plan, community, special or specific plans, the zoning ordinance, applicable requirements for flood control, drainage plans, parcel design, roads, deeded access, sanitary disposal facilities, water supply availability and environmental protection. Parcel map waivers may be finalized by recordation of a deed or record of survey.

(Ord. 1523 § 1(part), 1982).

(§ 66426)

A. A tentative and final map shall be required for all subdivisions creating five or more parcels, five or more condominiums, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where:

1. The land before division contains less than five acres, each parcel created by the subdivision abuts on a maintained public street or highway, and no dedications are required; or

2. Each parcel created by the division has a gross area of twenty acres or more and has an approved access to a road in the county or state maintained systems.

3. The land consists of a parcel or parcels of land having:

a. Existing industrial or commercial zoning, and

b. Frontage on a county or state road, and

c. No dedications or improvements are necessary; or those that are necessary are to be completed under the terms of a development agreement or completed prior to the submittal of a parcel map, and

d. The planning commission finds that the roads on which the proposed parcels have frontage are in standard condition, of that improvements to said streets or roads are made conditions of project approval; or

4. Each parcel created by the division has a gross area of not less than forty acres or is not less than a quarter of a quarter section.

5. The division of a parcel or property is into four or fewer time-share units.

B. A parcel map shall be required for those subdivisions contained in 1 through 5 above.

(Ord. 1523 § 1(part), 1982).

(§ 66434f, § 66434.2)

A. This section shall take effect and be in force on January 1, 1987 pursuant to Chapters 883 and 1504, Statutes of 1985, California Legislature.

B. No additional requirements for map notations shall be included which do not affect record title interests. However, if such requirements are included pursuant to subsection C of this section, a notation may be incorporate on the parcel or final map referring to such additional map sheets or documents.

C. If notations or additional map sheets or documents are necessary for approval of the tentative map, the planning commission may require the recordation of additional map sheets or documents concurrently with the final or parcel map.

1. The separate map sheet or document shall state its relationship to the final or parcel map.

2. The separate map sheet or document shall state that the information contained upon it is for informational purposes describing conditions as of the date of recordation, and is not intended to affect record title interest.

3. The separate document or map sheet may include, and is not limited to including:

a. Road maintenance agreements;

b. Building setback lines, provided that such setbacks have been adopted pursuant to an amendment to the zoning code for the subject property;

c. Designation of flood hazard zones, sanitary setbacks, or other development constraints;

d. Designation of areas of archaeological or historical sensitivity;

e. Designation of locations of abandoned mine shafts, openings, diggings, landfills, or other development constraints;

f. Requirements that shall be enforced upon issuance of a building permit, or constraining issuance thereof, including and not limited to fire protection and road improvements.

(Ord. 1821 § 1(part), 1986).

(§ 66413)

Any subdivision created pursuant to this title which is annexed to an incorporated city prior to recordation of a final or parcel map shall be subject to all procedures, requirements and conditions of the city to which the subject property is annexed.

(Ord. 1523 § 1(part), 1982).

(§ 66451.1)

Time limits for review and consideration of a project may be extended by mutual consent of the subdivider and local agency. Said consent shall be in writing and signed by the subdivider or his authorized representative.

(Ord. 1523 § 1(part), 1982).

A property owner, or adjacent property owners, may enter into an agreement to adjust the boundary lines of contiguous parcels under the provisions of Chapter 16.34. No tentative map shall be required.

(Ord. 1523 § 1(part), 1982).

(§ 66499.11)

Previously subdivided lands may be reverted to acreage following the procedures in Chapter 16.32.

(Ord. 1523 § 1(part), 1982).

Procedures for recordation and validity of gift deeds are established in Chapter 16.30.

(Ord. 1523 § 1(part), 1982).

No parcel created by court order or partition shall be deemed legal until such time as the provisions of this title are satisfied.

(Ord. 1523 § 1(part), 1982).

(§ 66424.6, § 66434e)

A. Remainder parcels, as defined in Section 16.03.370, shall not be counted as a parcel for purposes of determining if a parcel or final map is required for the subdivision.

B. A remainder shall be counted as a parcel for purposes of determining the total amount of per-parcel application fees for the proposed project.

C. No conditions of project approval, except for those conditions related to construction of a single-family home (proof of domestic water supply, proof of method of sewage disposal, legal access to a public road) shall be imposed upon a remainder of more than five acres gross land area, provided that the parcel is designated so that it may be developed with not more than one single-family residence consistent with zoning requirements. If a remainder parcel is less than five acres of gross land area, the planning commission may treat the remainder as a parcel for purposes of imposing conditions so that the parcel may be subsequently sold. When a parcel is designated as a "remainder" or "not a part of this subdivision (NAPOTS)," it shall be counted as the "existing parcel" for purposes of school, road, and other mitigation fees based upon the number of lots created.

D. A remainder parcel shall not be subsequently sold unless the subdivider either:

1. Files a parcel map for the remainder pursuant to this title; or

2. Obtains a conditional certificate of compliance for the parcel pursuant to this title.

E. If the map includes a remainder parcel with a gross land area of five acres or more, that remainder parcel need not be shown on the final or parcel map, unless so required by the planning commission. If the parcel is not to be shown on the final map, the subdivider shall comply with the requirements of §§ 66434(e) of Title 7, Division 2 of the California Government Code.

(Ord. 1821 § 1(part), 1986).

(§ 66452.2)

A. The time limits for application processing specified in this title and Title 7, Division 2 of the California Government Code may be extended upon mutual agreement of the county and the subdivider.

B. If an environmental impact report is required pursuant to § 21000 of the Public Resources Code, the time limits shall be automatically extended to conform with the requirements of the California Environmental Quality Act.

(Ord. 1821 § 1(part), 1986).