Calaveras County Municipal Code Ch. 16.05 Parcel Maps

This chapter is intended to provide a comprehensive procedural guide for the submittal and consideration of tentative parcel maps and parcel maps.

(Ord. 1523 § 1(part), 1982).

(§ 66411.1)

The board finds that for the public safety and welfare and for orderly development consistent with the county general plan, it is necessary to require that conditions of approval be placed upon tentative parcel maps. Such conditions of approval shall be those necessary to protect the interests of prospective property owners and their successors in interest, or those necessary to serve the broader interests of the general public and its health, safety and welfare, or both such interests. Conditions of approval may include, but are not limited to:

A. Requirements for safe, adequate access to accommodate future land uses and users as set forth in this code;

B. Proof of an adequate supply of potable water at a usable sustained yield;

C. Proof of the existence of an approved septic system, or proof of soils of a type and depth sufficient to accommodate the sanitary disposal of sewage effluent;

D. Conditions necessary to ensure that new development will not result in overcrowding of schools;

E. Any other requirements necessary to protect the public health, safety and general welfare.

(Ord. 1580 § 2, 1983: Ord. 1523 § 1(part), 1982).

A tentative parcel map is required for all subdivisions regulated by this chapter in which any parcel is less than forty acres or a quarter-quarter section.

(Ord. 1523 § 1(part), 1982).

Any subdivider seeking approval of a tentative parcel map shall submit a completed application to the planning department.

(Ord. 1523 § 1(part), 1982).

(§ 66451.2)

The board of supervisors shall approve a schedule of fees for the processing of subdivisions to recover the costs incurred in reviewing proposed subdivisions. Said fees shall include costs incurred in reviewing both tentative parcel maps and parcel maps. The board may review and adjust such fees if it deems such adjustment necessary to cover the above-mentioned costs. Any increase of fees or imposition of new fees shall be done in compliance with Government Code Section 54990 et seq.

(Ord. 1523 § 1(part), 1982).

A. No tentative parcel map shall be accepted as complete unless it complies with the requirements for submittal as established by the planning director.

B. A tentative parcel map shall include a certificate signed and dated by the owner or agent stating: "I am the [owner] [agent for the owner] of record and [I] [he/she/they] consent(s) to the filing of this parcel map in compliance with the requirements of this title, and Title 7, Division 2 of the California Government Code, the Subdivision Map Act."

C. If any portion of the subject property is identified in map 17A of the general plan, surface water, or on the Flood Hazard Boundary Maps of 1977 and as amended or updated per Chapter 15.60 of this code, the subdivider shall comply with the following on the tentative map, and the additional requirements of the parcel map as enumerated in Section 16.05.115.

1. The tentative map shall identify the flood hazard area and elevation of the base flood as defined in Sections 15.06.050 and 15.06.230.

2. The map shall identify proposed building sites, and establish if necessary building envelopes to limit construction and development of the proposed parcels to those areas in which flood damage would be expected to be minimal. Building envelopes are setbacks established for individual parcels to limit the potential development of the site in conformance with Chapter 15.06. Building envelopes shall be enforced by amendment to the zoning code for the specific parcel pursuant to Title 17 of this code to establish specific setbacks for the property.

(Ord. 1821 § 3, 1986: Ord. 1523 § 1(part), 1982).

(§ 66451.1 et seq., § 66451.3, § 66452.3)

A. Each tentative parcel map and required forms and information shall be reviewed by the planning director prior to acceptance as a completed application. If the planning director does not request additional information or materials, the application shall be deemed complete thirty days after submission of the application. If additional materials or information are required by the planning director, the aforementioned thirty days shall not commence to run until after all materials and information required by the planning director have been submitted.

B. The planning director may forward copies of the application to all persons, agencies and districts he deems should be notified.

C. No less than ten days prior to the planning commission meeting for which the proposed tentative parcel map is set for hearing, the planning director shall notice the meeting as provided in Section 16.05.080.

D. No less than three days prior to the planning commission hearing, the planning director shall serve the subdivider, by first class mail, a copy of the report to be presented to the planning commission.

E. All time limits not specified in this title shall be as specified by state law.

(Ord. 1821 § 4, 1986; Ord. 1523 § 1(part), 1982).

(§ 66451.2, §§ 66451.4)

A. Not less than ten days prior to the scheduled planning commission hearing, the planning director shall cause to be published in an approved newspaper of general circulation in the county a notice indicating that the proposed tentative parcel map is scheduled for a public hearing. Said notice shall include:

1. Time, place and date of hearing;

2. Name of the subdivider, and the planning department file number;

3. Number of parcels and average size or range of sizes to be created;

4. Assessor parcel number(s), and section, township and range of the subject property, or townsite block and lot;

5. General vicinity of the project in relation to the nearest community center.

B. Not less than ten days prior to the planning commission hearing for the project, the planning director shall cause to be mailed to the property owners of record on the latest equalized assessment roll with property within three hundred feet of the perimeter boundaries of the subject property, a notice containing the same information required in subsection A above.

(Ord. 1523 § 1(part), 1982).

A. The planning commission may elect to consider all of the parcel maps at a regular commission meeting as consent items without the need for a public hearing or consideration of each project at one time.

B. The chairman of the planning commission shall introduce the consent agenda and read the file numbers and subdivider names into the record.

C. If any person, commissioner or applicant wishes to comment on the project, it shall be removed from the consent agenda and scheduled for hearing as the first item on the agenda.

(Ord. 1523 § 1(part), 1982).

(§ 66473.5)

No tentative map shall be approved unless the planning commission or board of supervisors finds that the proposed subdivision is consistent with the goals, policies and general land uses of the general plan, any applicable community, special or specific plan, and the zoning ordinance. No parcel map for which a tentative map was not required shall be approved if the parcel map has been found to be inconsistent with the goals, policies and general land uses of the general plan, any applicable community, special or specific plan, and the zoning ordinance.

(Ord. 1523 § 1(part), 1982).

(§ 66474.01)

Approval of a tentative map, or a parcel map for which a tentative map is not required shall be denied by the county, if it makes any of the following findings:

A. The subject property is not physically suitable for the type of development proposed; or

B. The proposed subdivision is not consistent with the general plan, any applicable specific, special or community plan, the county zoning ordinance or the county subdivision ordinance; or

C. The design of the proposed subdivision or its proposed improvements is likely to cause serious public health problems; or

D. The design of the proposed subdivision or its improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; or

E. The design of the proposed subdivision or the type of improvements will conflict with easements acquired by the public at large, for access through or use of property within the proposed subdivision. The local agency may approve a map if it finds that alternative easements for access or for use will be substantially equivalent to those previously acquired by the public. This subsection shall apply only to easements of record, or to easements established by judgment of a court of competent jurisdiction; or

F. The discharge of liquid or solid waste into a sewer or individual sewage disposal system would result in violation or add to a violation of existing requirements prescribed by the Central Valley Regional Water Quality Control Board; or

G. The proposed subdivision does not provide, to the extent possible, for future passive or natural heating/cooling opportunities for the proposed new parcels;

H. Notwithstanding subsections A through G of this section, the county may approve a tentative map provided that:

1. An environmental impact report was prepared and certified as complete pursuant to the county CEQA Guidelines; and

2. A statement of overriding consideration is adopted pursuant to § 21081 of the Public Resources Code finding that "specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report."

(Ord. 1821 § 5, 1986; Ord. 1523 § 1(part), 1982).

When identified during the tentative map review process, the parcel map shall incorporate identification of flood hazard areas pursuant to Section 15.06.230:

A. The flood hazard area and the elevation of the base flood shall be identified on the parcel map.

B. Parcel maps shall identify the approved building envelope and indicate areas of each parcel which are precluded from development or for which special construction standards may apply in conformance with Chapter 15.06 of this code.

C. The parcel map shall be recorded concurrently with a certificate of compliance from a registered professional engineer indicating that there is adequate drainage to reduce exposure to flood damage pursuant to Section 15.06.230 (5) of this code.

(Ord. 1821 § 6, 1986).

(§ 66411.1, § 66451.5(c), § 6645 et seq.)

A. The planning commission shall, by a majority vote of its members, approve, conditionally approve, or deny tentative parcel maps. As conditions of approval, the commission may require the dedication of real property within the proposed subdivision for roads, including access and abutter's rights, drainage, public utility and other easements, may require the construction of reasonable off-site and on-site improvements for the parcels being created, and may impose such other conditions of approval as the commission deems are necessary to the public health, safety and welfare.

B. The planning commission shall take action on a tentative parcel map within fifty days of the date of which the application is deemed complete. If any environmental impact report is required, the fifty-day period shall begin on the date of the certification of the final environmental impact report.

C. If required on-site and off-site improvements have not been completed prior to the submittal of the parcel map, such requirements shall be noted on the parcel map or on the instrument of parcel map waiver. The time by which such requirements are to be completed shall be included on the notation. Such notation shall be recorded on, concurrently with or prior to the parcel map or instrument of parcel map waiver.

D. Completion of required improvements shall not be required prior to the submittal of the parcel map if the subdivider has entered into an agreement with the county to complete such improvements in twelve months or some other mutually agreed time, not to exceed an additional twelve-month period. In any case, construction of the improvements shall be required prior to the issuance of a permit or other grant of approval for development on any proposed new parcel. The performance under any agreement entered into pursuant to this section shall be secured as provided in this title and the Map Act.

(Ord. 1523 § 1(part), 1982).

(§ 66452.5)

The subdivider, or any aggrieved party, may appeal the decision of the planning commission, or any condition thereof, to the board of supervisors. Said appeal shall be in writing, and shall be served in person or by certified mail to the clerk of the board of supervisors, within fifteen days of the date of the planning commission's action. Such an appeal shall specify the actions of the planning commission being appealed. Appeals of environmental action taken by the planning commission (i.e., approval of negative declaration, certification of an EIR) must be stated as such in the appeal. The appeal must be accompanied by the appropriate fee as set by the board of supervisors. The request will not be accepted unless it is accompanied by such a fee. The board of supervisors shall schedule the appeal hearing within twenty-one days from the date of the receipts of the request.

(Ord. 1523 § 1(part), 1982).

(§ 66445)

Within the time limits set by Section 16.05.130 and after approval or conditional approval of a tentative parcel map, the applicant shall submit to the county surveyor two prints of a parcel map, which shall substantially conform to the approved or conditionally approved tentative parcel map. The parcel map shall meet all of the following requirements:

A. It shall be prepared by a licensed land surveyor or registered civil engineer.

B. It shall be a map legibly drawn, printed or reproduced, by a process guaranteeing a permanent record in black on tracing cloth or polyester-base film, including certificates. If ink is used on polyester-base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

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, its relation to each adjoining sheet and the total number of sheets comprising the map shall be stated on each of the sheets. When three or more sheets are used, an index map shall be included to show the layout of sheets within the section or sections. Each sheet should be generally complete within itself.

D. It shall include a vicinity sketch showing roads, adjoining subdivisions, towns, creeks, railroads, section lines or other data sufficient to show the location of the parcels being created and their relation to the surrounding area.

E. Each parcel shall be designated by an identifying number or letter, and all such numbers or letters shall be consecutive. Each parcel shall be shown in its entirety on one sheet.

F. The exterior boundary of the land included within the parcel or parcels being created shall be indicated in a distinctive manner. The map shall show the definite location of such parcel or parcels, and particularly 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. Easements shall be identified by purpose and width. Adjoining property shall be identified by owner's name and recorded deed reference.

G. It shall be legibly lettered so as to be read only from the bottom or right side with the eighteen-inch binding edge to the left. A north arrow pointing away from the reader shall be included. The map scale shall be located directly under the north arrow.

H. It shall include a title block with the title "PARCEL MAP" inscribed in half-inch or larger letters. The subtitle shall show the following: quarter section, section, township and range, townsite or subdivision, and unincorporated area of the county. Subtitle letters shall be a minimum of one-eighth inch in height. Also within the title block shall be the date the map was prepared.

I. A legend shall be provided to identify all symbols and abbreviations used on the map, including a key to monuments set and found. The latest map of record showing the area included within the parcel map shall be identified by book and page of the official county records.

J. The basis of bearing for the parcel map shall be taken from a line between two existing monuments set by one of the following methods:

1. By direct astronomical observation. If this method is used, calculations shall be submitted with the map;

2. By reference to the California State Plane Coordinate System Zone III;

3. By reference to a recorded or filed map;

4. By reference to county surveyor's office records. Any line on a recorded map used as a basis of bearing for the map shall be identified and labeled either "Basis of Bearing" or "B.O.B."

K. All monuments set and found in the field shall be physically identified on the map along with their material composition, outside dimensions and the number of the registered civil engineer or licensed land surveyor who set them. If found monuments are accepted as recorded corners or line monuments, they shall be so identified on the parcel map.

L. Wherever recorded data pertaining to boundaries and corners of adjoining property are in agreement with bearings and distances shown on the parcel map, the bearings and distances shall be followed by "(R&M)." The record information shall he shown and appropriately noted.

M. In addition to bearings and distances of all straight lines, the parcel map shall show the delta, radius and length of all curves, together with the radial bearing or tangent bearing for each. All tabulated data shall be shown on the sheet to which they apply.

N. Boundary and lot closure calculations shall be submitted with the map. Mathematical data must be complete so traverse calculations can be run along the division of land boundary.

O. The map shall show all areas subject to inundation.

(Ord. 1652 § 1, 1984; Ord. 1582 § 2, 1983; Ord. 1523 § 1(part), 1982).

(§ 66448)

A parcel map shall be based on a field survey made in conformance with the Land Surveyor's Act of the state of California or be compiled from recorded (filed) data when a filed map delineates the exterior boundary of the land being divided and monumentation exists that completely delineates the parcels being formed. All angle points in lot lines shall be monumented. Monument requirements may be waived in special cases where natural boundaries of a permanent nature constitute a portion of the lot line. All road easements and road rights-of-way shall have a curvilinear alignment with the beginning and end of each curve monumented on both sides of the easement or right-of-way lines if both sides are on the subject property. At the discretion of the county surveyor, monumentation may be waived or altered for minimum service level roads that are up to a maximum length of three hundred feet. All monuments shall be a minimum of five-eighths inch diameter steel rods, thirty inches long where possible.

(Ord. 2424 § 3, 1995: Ord. 1582 § 3, 1983: Ord. 1523 § 1(part), 1982).

Evidence of title required by the provisions of Section 66465 of the Subdivision Map Act shall be a parcel map guarantee, a land division guarantee, or an equivalent title guarantee issued by a title insurance company authorized by the laws of the state.

(Ord. 1523 § 1(part), 1982).

The following statements shall appear on parcel maps:

A. Engineer's (surveyor's) statement (§ 66449):

This map was prepared by me or under my direction (and was compiled from record data) (and is based on a field survey) in conformance with the requirements of the Subdivision Map Act and local ordinances 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 (No. _______) (if there is no tentative map, so state).

B. Additional statement by engineer (surveyor):

1. The parcel map shall contain a statement by the engineer or surveyor responsible for the preparation of the map that states that all monuments are of the character and occupy the positions indicated on or before a specified date. The statement shall also state that the monuments are sufficient to enable the survey to be retraced. Parcel maps compiled from record data are not subject to this statement.

2. The statement required by this subsection may be combined with that statement required by subsection (A) of this section.

C. Recorder's statement:

Filed this _______ day of _______, ___, at _______.M. in Book _______ of Parcel Maps at Page ___, at the request of the Calaveras County Surveyor.

D. County surveyor's statement (§ 66450):

I, ___________, County Surveyor of Calaveras County, California, have examined this parcel map and hereby state that (this subdivision as shown is substantially the same as it appeared on Tentative Parcel Map. No. _______ and any approved alterations thereof, and) all provisions of the Subdivision Map Act and any local ordinances applicable at the time of approval (of the tentative map) have been complied with, and I am satisfied the map is technically correct.

(Portions of statement shown in parentheses apply when a tentative approval is involved.).

E. Owner's statement:

1. The undersigned, being the party(ies) holding a record title interest in the lands shown on this map, hereby consent(s) to the preparation and recordation of this parcel map (and hereby irrevocably and in perpetuity offer for dedication to the public for public use, any and all easements and rights-of-way that appear on this map, except those designated hereon as private). (There are no offers of dedication hereon.).

2. The public works director may provide for any additional or alternative wording for the owner's statement that he or she deems appropriate for a particular situation.

F. Public works director's statement:

1. All offers of dedication for public utility easements that appear on this map are hereby accepted (rejected) on behalf of the public. All offers of dedication for rights-of-way that appear on this map are hereby accepted (rejected) on behalf of the public.

2. Said easements and rights-of-way remain subject to acceptance by resolution of the board of supervisors at any later time. If and when roadway rights-of-way are improved to county standards, said rights-of-way may be accepted into the county-maintained road system by resolution of the board of supervisors.

3. The public works director may provide for any additional or alternative wording for the public works director's statement that he or she deems appropriate for a particular situation.

(Ord. 2424 § 4, 1995: Ord. 1582 § 4, 1983; Ord. 1523 § 1(part), 1982).

Prior to the recordation of any parcel map, or instrument of parcel map waiver, the county surveyor shall receive a letter from the county redemption officer indicating that according to the records of such office, there are no liens against the property portrayed on the map or any part thereof for unpaid state, county, municipal or local taxes or special assessments not yet payable. The tax collector may waive this requirement at his discretion.

(Ord. 1523 § 1(part), 1982).