Del Norte County Municipal Code § 16.12 Action Following Final Approval Of Tentative Map

No work on any permanent structure which requires a building permit and involves a tentative map shall be commenced before the final map or parcel map is filed without the authorization of the county planner.

(Ord. 79-19 (part), 1979)

1. No improvements on major subdivisions, other than clearing, shall be begun until the estimated cost of county inspection services, as such cost is estimated by the county engineer, has been deposited with the department of public works and construction plans in a form as required herein have been approved in writing by the county engineer and water portability and quantity has been certified by the health officer such plans shall be prepared by or under the direction of a registered civil engineer, licensed by the state, and shall show the complete plans, profiles and details for all street work, drainage channels and embankments, including sedimentation and erosion controls, bridges, the location of underground utilities which may control the location and elevation of storm drains and culverts, the location of fire hydrants, street monuments, curbs, gutters and sidewalks, fences required by this title, gates, driveways if constructed in conjunction with subdivision improvements, and other improvements which may be required to complete the work. If the plans include five or more sheets, a key map showing plans shall be included on the first sheet of the plans.

2. Fees for construction plan checking for all subdivisions and fees for county inspection services for minor subdivisions, shall be as prescribed in the current fee schedule resolution of the board of supervisors. All fees shall be paid prior to the county incurring any costs for providing these services.

3. If the improvements include sanitary sewers, storm drains or water systems to be accepted by a public agency other than the county, the plans shall be reviewed and approved by the accepting jurisdiction prior to the approval of the remainder of the plans by the department of public works.

4. The plans and profiles shall be submitted on uniform size sheets, twenty-four inches by thirty-six inches overall dimension. A border shall be provided with a suitable title block in the lower right-hand corner. The scales for various portions of the drawings, and the north arrow where applicable, shall be shown on all sheets. Reference may be made to applicable county standard details in lieu of duplicating the drawings thereon.

5. Prior to approval of the construction plans for major subdivisions, unless waived in writing by the department of public works, a true statement shall be given to the county engineer indicating the maximum fill used, or proposed to be used, on each lot and a true statement indicating the soil has been or will be prepared in accordance with the recommendations of a qualified, registered civil engineer. The fact that the report has been made shall be noted on the final map, together with the date of the report and the name and registration number of the engineer who prepared the report. Approval of the final map does not constitute approval of the soil investigation, the preliminary soil report, or the engineer's statement on soil geologic conditions.

6. Unless extended by mutual agreement, the department of public works shall report to the subdivider within thirty days after submission of plans, either approving said plans or specifying corrections necessary. The approval of the improvement plans by the county engineer, when improvements are required, shall be a condition precedent to the approval of the final map by the board of supervisors.

7. Agreement in Lieu of Construction.

   1. In lieu of constructing the facilities prior to recording of the final map or to the filing of a parcel map, the subdivider may enter into an agreement to construct the improvements within one year pursuant to Section 66462 of the Government Code, or, with the consent of the board of supervisors, to construct improvements from time to time as provided by law.

   2. The subdivider shall furnish good and sufficient improvement security for such improvements as defined in Section 66499 of the Subdivision Map Act, in an amount not less than one hundred percent of the total estimated cost of the improvement or the act to be performed, conditioned on the faithful performance of the act or the agreement, and fifty percent of the total estimated cost of the improvement or act to be performed securing payment to the contractor, his subcontractors, and to persons furnishing labor and materials or equipment to them for the improvement or the performance of the required act; and

   3. The agreement for improvements for a subdivision creating five or more parcels may be extended for a maximum period not exceeding two years.

8. All improvements shall be done under the inspection of the department of public works.

9. Following the approval of the construction of the facilities to be dedicated to the county, the subdivider shall enter into an agreement to maintain the work for a period of one year following the completion and acceptance by the board of supervisors against any defective work or labor done or defective materials furnished in the construction. The county may, in lieu of a one year guarantee by the subdivider, accept the guarantee of a reputable contractor who did the work.

10. The subdivider or contractor, as provided in subsection I of this section, shall furnish good and sufficient security as defined above, guaranteeing the maintenance of the improvements.

11. The board of supervisors, when the agreements and bonds are received from the subdivider and the facilities are constructed to their satisfaction, shall, within thirty days of receiving the request of the subdivider, accept the facilities.

12. Following the completion of improvements to be accepted by the county and prior to the filing of the final map the county engineer, upon request of the subdivider, shall determine the actual cost of county inspection services, and advise the subdivider thereof. If the amount exceeds the estimate deposited with the director under subsection A, the subdivider shall pay the remaining amount due to the county engineer, and if the amount is less than the estimate, the county shall promptly refund the overpayment to the subdivider.

13. Flammable vegetation generated as a result of land clearing, site development, road and driveway construction shall be disposed of or binding commitment to dispose submitted and accepted by the county prior to completion of road construc tion or final inspection of the subdivision improvements. Disposal may be any approved method, including but not limited to chipping, on-site burning, or removal to an approved disposal site.

(Ord. 91-26 § 9, 1991; Ord. 82-09 § 2 Exh. A(27), 1982; Ord. 79-19 (part), 1979)

In the event that additional survey and map information as defined and described in Section 16.04.20 of this title is required to be placed on a parcel map, such information shall be placed on the map in conformance with the requirements of Section 16.08.50 of this title.

(Ord. 87-02 § 4, 1987)

1. After the approval or conditional approval of the tentative map of a major subdivision, and prior to the expiration of such map, the subdivider may cause the real property included within the map, or any part thereof, to be surveyed and a final map thereof prepared in accordance with the approved or conditionally approved tentative map.

2. The board of supervisors shall, at its next regular meeting after the meeting at which it received the final map, approve the map if it conforms to all the requirements of the Subdivision Map Act and the county code applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder or, if it does not so conform, disapprove of the final map.

3. If, at the time of approval of the final map by the board of supervisors, any public improvements required by the planning commission pursuant to the provisions of this title or the Subdivision Map Act have not been completed and accepted in accordance with the standards established by the planning, commission by ordinance applicable at the time of the approval or conditional approval of the tentative map, the board of supervisors, as a condition precedent to the approval of the final map, shall require the subdivider to enter into one of the following agreements specified by the director of public works:

   1. An agreement with the department of public works upon mutually agreeable terms to thereafter complete such improvements at the subdivider's expense.

   2. An agreement with the department of public works to thereafter:

      1. Initiate and consummate proceedings under an appropriate special assessment act for the financing and completion of all such improvements, or

      2. If not completed under such special assessment act, to complete such improvements at the subdivider's expense.

4. The provisions of subsections 66477.1, 66477.2 and 66477.3 of the Subdivision Map Act relating to dedications are incorporated into this title.

(Ord. 79-19 (part), 1979)

1. After the approval or conditional approval of the tentative minor subdivision map, and prior to the expiration of such map, the subdivider may cause the real property included with the map, or any part thereof, to be surveyed and a parcel map thereof prepared in accordance with the approved or conditionally approved tentative map.

2. The planning commission, at its option, as a condition of approval, may under certain circumstances "waive" the requirement for a parcel map to be filed with the county recorder. The required findings to be made by the commission shall be:

   1. There is no special privilege being conferred upon the property owner.

   2. Circumstances such as, but not limited to, surveying problems may be cited as sufficient cause warranting a waiver of the parcel map.

3. Findings are made concerning the items listed in Section 66428 of the Subdivision Map Act related to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, and environmental protection.

A "waiver" can only be granted with tentative map approval.

3. The county engineer and county planner or their desig nates shall approve the parcel map if it conforms to all the requirements of the Subdivision Map Act and the county code applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder or, if it does not so conform, disapprove the parcel map. The subdivider may appeal the decision in writing within thirty days to the board of supervisors.

4. If, at the time of approval of the parcel map by the county engineer and county planner, any improvements required by the planning commission have not been completed, the director of public works may allow the subdivider to enter into one of the following agreements:

   1. An agreement with the department of public works upon mutually agreeable terms to thereafter complete such improvement at the subdivider's expense.

   2. An agreement with the department of public works to thereafter

      1. Initiate and consummate proceedings under an appropriate special assessment act for the financing and completion of all such improvements, or

5. If not completed under such special assessment act, to complete such improvements at the subdivider's expense.

6. The county engineer or his designate may accept or reject dedications and offers of dedication that are made by certificate on the parcel map.

(Ord. 82-09 § 2 Exh. A(28) and (29), 1982; Ord. 79-19 (part), 1979)

1. The board adopts by reference California Government Code Section 66499. Pursuant to that section, the director of public works has the authority to approve and accept any of the following types of security as payment from the developer of a subdivision for the required parcel map:

   1. Bond or bonds by one or more duly authorized corporate sureties.

   2. A deposit, either with the local agency or a responsible escrow agent or trust company, at the option of the local agency, of money or negotiable bonds of the kind approved for securing deposits of public moneys.

   3. An instrument of credit from an agency of the state, federal, or local government when any agency of the state, federal, or local government provides at least twenty percent of the financing for the portion of the act or agreement requiring security, or from one or more financial

institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter of credit issued by such a financial institution.

4. A lien on the property to be divided, created by contact between the owner and the local agency, if the local agency finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map.

5. Any form of security, including security interest in real property, which is acceptable to the local agency and specified by ordinance thereof, or

6. In the case of parcel map subdivisions of four or fewer lots ("minor subdivision"), a lien upon real property approved by the director of public works.

7. The director of public works shall have the discretion to accept or reject liens upon real property offered as good and sufficient security for minor subdivisions. In considering proposed liens, the director of public works may consider any relevant factors and may require the developer to submit any information the director deems necessary.

8. The developer's application requesting the director's approval of a lien against one or more lots in the minor subdivision as security for the parcel map shall contain the following:

   1. A current appraisal prepared by an independent appraiser commonly accepted by financial institutions or a certified copy of the Del Norte County assessor's appraisal.

   2. A current preliminary title report.

   3. A current credit report.

   4. A contract for the installation of the subdivision improve ments unless the subdivider is licensed to perform such work.

   5. A loan commitment or other source of funding for the construction.

   6. Two copies of the tentative map and letter of approval.

   7. An application fee in the amount set by resolution of the board of supervisors; and

   8. Any other information the director deems necessary.

9. Subdivision real property liens shall be senior to all other liens and shall not exceed seventy percent of the appraised unsubdivided value of the property.

10. Upon approval, the developer shall open an escrow with a responsible escrow agent or trust company providing for the preparation of the deed of trust, issuance of a standard form title policy in favor of the county in the amount of the lien, closure of escrow within forty-five days, and payment of all escrow costs, fees and expenses by the developer.

11. The lien is a blanket encumbrance upon the subdivision property. The developer may not sell or lease such lots unless the lien contains an unconditional release or the developer has complied with all provisions of California Business and Professions Code Section 11013.2. Alternatively, the director of public works may grant partial releases as long as sufficient security remains to cover uncompleted improvements.

(Ord. 91-16 § 1, 1991)

1. An approved or conditionally approved tentative map shall expire twenty-four months after its approval or conditional approval. The expiration of the approval of a conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within such tentative map shall be filed without first processing a new tentative map.

   2. Upon request of the subdivider, filed prior to the expiration of the approved or conditionally approved tentative map, the time at which such map expires may be extended by the planning commission for a maximum additional twelve months. If the planning commission denies a subdivider's application for extension, the subdivider may appeal to the board of supervisors within fifteen days after the planning commission has denied the extension.

• (Ord. 82-09 § 2 Exh. A(30), 1982; Ord. 79-19 (part), 1979)

A final map or parcel map may be reverted to acreage by the board of supervisors pursuant to Chapter 6 of the Subdivision Map Act commencing with Government Code Section 66499.11. In addition, a parcel map may be recorded pursuant to Government Code Section 66499.20½ for the purpose of reverting to acreage land previously subdivided and consisting of four or less contiguous parcels under the same ownership.

(Ord. 79-19 (part), 1979)