Chapter 17.04 — SUBDIVISIONS—GENERAL PROVISIONS

Note— The subdivision ordinance of the county comprises Chapters 17.04 through 17.60, inclusive, of this title.

State Law reference— For statutory provisions defining subdivisions and subdivided lands, see Bus. & Prof. Code §§ 11000 et seq., 11535.

Chapters 17.04 through 17.60 shall be known as and may be cited as the subdivision ordinance of the county and is deemed necessary in order to protect the public health, safety and general welfare, including

the orderly growth and development of the county; the beneficial use of land in the public interest; the conservation, stabilization and protection of property values and to assure adequate provision for necessary utilities, public roads and other public conveniences in subdivided areas.

(Prior code, § 700.000)

Pursuant to the authority conferred by Title 7, Division 2 of the California Government Code, cited as the Subdivision Map Act, and in addition to any other regulations provided by law, the regulations contained in Chapters 17.04 through 17.60 are established herewith and shall apply to all subdivisions or parts of subdivisions wholly or partly within the unincorporated area of the county and to the preparation, filing and approval of maps.

(Ord. 520-A-14, § 1, 1975; prior code, § 700.100)

The design, improvement and survey for subdivisions, the form and content of tentative and final maps, and the procedure to be followed in securing official approval shall be governed by the provisions of the Subdivision Map Act and by the additional provisions of Chapters 17.04—17.60.

(Prior code, § 700.101)

The provisions of Chapters 17.04 through 17.60 shall not apply to any lot or lots forming a part of a subdivision created recorded prior to the effective date of the ordinance codified in Chapters 17.04—17.60, unless those lots are hereafter proposed for further subdivision. It is not intended by Chapters 17.04 through 17.60 to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by the ordinance codified in Chapters 17.04—17.60, or with private restrictions placed upon the property by deed, covenant or other private agreements, or with restrictive covenants running with the land. Only those improvement standards applicable at the time the tentative subdivision map is approved shall be imposed.

(Prior code, § 700.102)

A separate neap shall be prepared for each subdivision where land is separated from other land in a parcel or holding by a division other than a street, highway, approved private road, alley, railroad right-of-way, flood control right-of-way, canal or public utility right-of-way.

(Prior code, § 700.103)

Control of design and improvement of subdivisions is vested in the board of supervisors.

(Prior code, § 700.105)

Jurisdiction to approve tentative maps within the unincorporated areas of the county, except tentative maps filed and heard concurrently with other applications requiring board approval is vested in the planning commission, whereas, jurisdiction to approve such concurrent applications and final maps is vested in the board of supervisors.

(Ord. 613, § 1, 1980; Ord. 520-A-14, § 2, 1975; prior code, § 700.106)

The planning commission shall have all the powers and duties, with respect to the filing of tentative maps, making investigations and taking action upon tentative maps and the establishment of procedures related to the processing thereof, which are specified by law and in Chapters 17.04 through 17.60.

(Ord. 613, § 3, 1980; prior code, § 700.108)

Whenever, by the provisions of Chapters 17.04 through 17.60, a power or authority is given to, or where a duty is imposed upon, any public officer, it may be exercised or performed by any deputy or departmental employee authorized by him pursuant to law unless it is expressly provided that it shall be exercised in person.

(Ord. 613, § 4, 1980; prior code, § 700.112)

If a subdivision is at any point within three hundred feet of an AE (Exclusive Agriculture), AL (Limited Agriculture), TPZ (Timberland Preserve) or RC (Resource Conservation) Zone District, the approval of the tentative and final subdivision map shall be conditional upon the recordation with the Fresno County recorder of a notice in substantially the following form:

FRESNO COUNTY RIGHT-TO-FARM NOTICE

It is the declared policy of Fresno County to preserve, protect, and encourage development of its agricultural land and industries for the production of food and other agricultural products. Residents of property in or near agricultural districts should be prepared to accept the inconveniences and discomfort associated with normal farm activities. Consistent with this policy, California Civil Code 3482.5 (right-to-fate law) provides that an agricultural pursuit, as defined, maintained for commercial uses shall not be or become a nuisance due to a changed condition in a locality after such agricultural pursuit has been in operation for three years.

(Ord. 87-010, § 1, 1987)

If a subdivision is at any point within one quarter mile of an area identified as mineral resource zone 2 (MRZ-2) on the general plan, the approval of the tentative subdivision map shall include a condition

requiring the recordation of a notice with the Fresno County recorder substantially as follows:

FRESNO COUNTY MINERAL RESOURCE ZONE 2 NOTICE

It is the declared policy of the County of Fresno to preserve, protect and encourage development of its mineral resources for the economic well being of the County and the region. Residents of property in or near areas identified as MRZ-2 may experience inconveniences and discomfort associated with the operations involved in the extraction of mineral resources. This subdivision of land is located within or near such an area and is either currently developed or may in the future be developed for the purpose of extracting mineral resources.

(Ord. 88-007, § 1)