Fresno County Municipal Code Title 17 Divisions of Land

Chapters:

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State Law reference— For statutory provisions pertaining to subdivided lands and subdivisions, see Bus. & Prof. Code § 11000 et seq.; for the statutory provisions regarding subdivision maps and the Subdivision Map Act, see Bus. & Prof. Code § 11500 et seq.

Cross reference— For provisions concerning parcel maps see Chapter 17.72.

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State Law reference— For statutory provisions relating to parcel maps, see Gov. Code §§ 66444 et seq. and 66463 et seq.

This chapter shall be known as and may be cited as the subdivision ordinance, parcel map requirements, of the county, and is necessary in order to protect the public health, safety and general welfare, including the orderly development of the county by providing a procedure to assure compliance with the property development standards of the zoning division of the county code, general plans and specific plans adopted by the board of supervisors; to assure adequate provisions for necessary dedications and improvements and health and safety measures; to prevent interference with the opening or extension of streets necessary for proper traffic circulation and the development of adjacent properties; and to provide flood, drainage, grading and erosion control.

(Ord. 520-A-15, § 1, 1975; prior code, § 701.000)

Pursuant to the authority conferred by Division 2, Title 7 of the Government Code of the state, more particularly cited as the Subdivision Map Act, and in addition to any other regulations provided by law, the regulations in this chapter contained are established herewith and shall apply to all divisions of land into two or more lots or parcels of land wholly or partly within the unincorporated area of the county and to the preparation, filing and approval of maps.

(Ord. 520-A-15, § 2, 1975; prior code, § 701.100)

The design, improvement and survey data for divisions of land, the form and content of tentative parcel maps and parcel maps and the procedure to be followed in securing approval shall be governed by the provisions of the Subdivision Map Act and by the additional provisions of this chapter.

(Prior code, § 701.101)

Any person shall eligible to file an application required by this chapter to subdivide a parcel of land when:

A. Such parcel has been created legally; and

B. The applicant or owners by their current application will not have created, caused to be created, or participated in the creation of more than four parcels on contiguous property. For the purposes of this section, the term "participated" shall mean having cooperated with or acted in a planning, coordinating or decision making capacity in any formal or informal association or partnership for the purpose of dividing real property.

(Ord. 95-020, § 6, 1995)

The applicant or owner shall certify or declare under penalty of perjury that he or she is eligible to file an application required by this chapter to subdivide a parcel of land in accordance with the requirements of Section 17.72.035. Prior to issuing any approval, the director shall review the certification or declaration and any other pertinent information and determine the eligibility of the applicant or owner to subdivide the property. The director may require documentary evidence to establish that the applicant or owner meets the requirements of Section 17.72.035 and that the transactions are or were bona fide transactions and not intended to evade the Subdivision Map Act or this chapter. As determined by the director, such evidence may include, but is not limited to, true copies of escrow instructions, list of stockholders of a corporation, lists of partners of a partnership, grant deeds and offers to purchase and such statements under oath satisfactory to the director to establish that the applicant or owner has acquired the property by legitimate arms length transaction. Such statements shall cover such matters as the adequacy of consideration for the transactions, whether the transfer was to a close relative or business associate, the retention of control or financial interest in the transaction, or any other matter necessary to establish that the transaction is not part of a conspiracy or plan to evade the Subdivision Map Act or this chapter.

(Ord. 95-020, § 7, 1995)

Tentative map and parcel map shall be required for:

A. Division of land into four or less parcels;

B. Division of land creating five or more parcels where:

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

2. Each parcel created by the division has a gross area of twenty acres or more and has an improved access to a maintained public street or highway, or

3. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths, or

4. Each parcel created by the division has a gross area of forty acres or more in area, or a quarter-quarter section or larger.

Waiver of tentative map and parcel map, when authorized by this chapter, shall be permitted in accordance with Section 17.72.145 if requested in writing by the subdivider.

The provisions of this chapter shall not apply to any lot or lots forming a part of a division of land created and recorded prior to the effective date of the ordinance codified in this chapter, unless said lots are hereafter proposed for further division. It is not intended by this chapter 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 this chapter.

Only those improvement standards applicable at the time the tentative map is approved shall be imposed. In the event the time in which to file a parcel map is extended, those improvement standards in effect at the time of the approved extension shall apply.

(Ord. 520-A15-a7, § 8, 1979; Ord. 520-A-15, § 3, 1975; prior code, § 701.102)

Preapplication for certificate of compliance and certificate of compliance shall be required for all parcels created by gift deed for no monetary consideration. Gift parcels for which deeds are recorded prior to January 27, 1987, shall not be subject to the provisions of Section 17.72.170A through E of Chapter 17.48.

(Ord. 88-010, § 1)

A separate tentative parcel map or parcel map shall be prepared for each noncontiguous parcel except those separated by a public road, highway, approved private road, alley, railroad right-of-way, flood control right-of-way, canal or public utility right-of-way.

(Prior code, § 701.103)

A. Two or more contiguous parcels or units of land which have been created under the provisions of the Subdivision Map Act or any prior law regulating the division of land or county ordinance enacted pursuant thereto or were not subject to such provisions at the time of their creation shall not merge by virtue of the fact that such contiguous parcels or units are held by the same owner unless a notice of merger has been recorded pursuant to Chapter 17.74 of the Fresno County Ordinance Code. No further proceeding under this chapter shall be required for the purpose of sale, lease or financing of such contiguous parcels or units for which a notice of merger has not been recorded.

B. Any person desiring to merge a lot or parcel of land with a contiguous lot or parcel held by the same owner, where no streets or easements are to be vacated and the ownership and deeds of trust for the parcels to be merged are identical shall:

1. Submit to the director an application for his approval of the merger of the parcels as provided for in Section 17.72.158;

2. File a notice of merger as described by Section 17.72.249.

(Ord. 91-039, § 2; Ord. 592 § 1, 1977; Ord. 520-A-15-a5, § 1, 1977; Ord. 520-A-15, § 5, 1975; Ord. 520-A-13, § 2, 1974; Ord. 520-A-10, § 1, 1973; prior code, § 701.110)

The director shall serve as the advisory agency for the purpose of administering provisions of this chapter.

(Ord. 86-016, § 7; Ord. 0-81-002, § 35; Ord. 520-A-12, § 1, 1974; prior code, § 701.105)

A. General and Specific Plans. The preparation and evaluation of parcel maps and design and improvements thereof shall conform to applicable general plan elements and specific plans.

B. Zoning Ordinance. Parcel maps shall conform to the zoning division of the county with respect to lot sizes and dimensions and other applicable relations; provided, however, that where this chapter imposes higher standards, the requirements of this chapter shall prevail.

(Prior code, § 701.106)

A. Right-to-farm Notice. 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 parcel 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-farm law) provides that an agricultural pursuit, as defined, maintained for commercial uses shall not become a nuisance due to a changed condition in a locality after such agricultural pursuit has been in operation for three years.

B. Mineral Resource Zone 2 Notice. 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 parcel 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, in the future, may be developed for the purpose of extracting mineral resources.

(Ord. 88-007, § 4; Ord. 87-010, § 2, 1987)

Pursuant to the provisions of the Subdivision Map Act, the director of resources and development and the director of public works shall make such detailed examination or parcel maps and such field check, if any, as may be necessary to enable them to make the required certification.

(Ord. 0-81-002, § 36; prior code, § 701.107)

Whenever by the provisions of this chapter a power or authority is given to, or where a duty is imposed upon any public officer by any provision of this chapter, it may be exercised or performed by any deputy or departmental employee authorized by him pursuant to law.

(Prior code, 701.108)

A. Prior to the issuance of any waiver or the granting of any exception from or the approval of a tentative parcel map by the advisory agency, said agency shall cause written notice of a proposed division to property owners of record who own real property which abut the property subject to such proposed division. Such notice shall afford such owners fifteen calendar days from the mailing of such notice to request, in writing, a hearing before the advisory agency in the event any such property owner is of the opinion that his property will be significantly affected by the approval of the proposed division.

As an alternative to mailed notice, the advisory agency may cause a property subject to such a division to be posted with notices advising of the opportunity for a hearing.

B. In the event a written request for hearing is received by the advisory agency within fifteen days of its mailing or posting of the notice described in subsection A, all property owners previously noticed shall be advised of the time, place and date of the hearing on such proposed division.

C. A decision on the proposed division shall be rendered by the advisory agency at the conclusion of the hearing.

D. Any affected property owner may, within fifteen days of the advisory agency decision, appeal that decision to the planning commission. Such appeal shall be made in writing and shall state the grounds upon which it is based. The commission shall conduct a hearing on the appeal and shall render its decision after the close of such hearing.

E. The applicant, advisory agency or any person adversely affected by such decision may within ten days of the decision of the commission appeal that decision to the board of supervisors. Such appeal shall be made in writing and shall state the grounds upon which it is based. The board of supervisors shall conduct a hearing on such appeal and render its decision after the close of such hearing.

F. The time limits for approval set forth in subsection A of Section 17.72.180 shall be tolled during the time periods required for notice of opportunity for hearing, the periods required to hold such hearings and render decisions thereon, and the periods required for appeals to the commission and board of supervisors therefrom.

(Ord. 0-85-023, § 5; Ord. 520-A15-a7, § 17, 1979)

No map shall be considered as filed until all the required fees and charges have been paid and all requirements of this chapter have been fulfilled or an application for an exception or appropriate zoning has been filed for concurrent consideration.

For a designated remainder or omitted parcel, the fulfillment of construction requirements for improvements, including the payment of fees associated with any deferred improvements, shall not be required until a permit or other grant of approval for development of the remainder or omitted parcel is issued by the county unless the construction requirements are necessary for reasons of:

A. The public health or safety; or

B. The required construction is a necessary prerequisite to the orderly development of the surrounding area.

No designated remainder or omitted parcel may be sold prior to the filing of a certificate of compliance or conditional certificate of compliance in accordance with the requirements of Chapter 17.72.

A parcel map shall not be considered as filed until all fees, bonds and deposits have been made, all corrections have been made as requested by the director to the maps and improvement plan, if any, and the property has been annexed to any service areas or districts which are to provide the necessary services.

(Ord. 95-020, § 8, 1995; prior code, § 701.109)

The provisions of this chapter and the Subdivision Map Act shall be inapplicable to:

A. The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks;

B. Mineral, oil or gas leases;

C. Land dedicated for cemetery purposes under the Health and Safety Code of the state of California; and

D. The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, provided a site plan review is approved in accordance with Section 874 of the Fresno County Ordinance Code.

(Ord. 86-016, § 8; Ord. 520-A-15a5, § 2, 1977)

A. The provisions of this chapter and the Subdivision Map Act shall be inapplicable to a lot or property line adjustment between two or more adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, provided the lot or property line adjustment is approved by the director following the filing by the owners of an application therefore, and the following is submit to the director within one year of the approval thereof:

1. A current report from a title company, which sets forth therein the owners of the adjusted parcels together with any deed of trust thereon;

2. File a certificate of compliance as described by Section 17.72.248.

B. Extension. The time limit listed above may be extended by the director upon receipt of a written request by the applicants, but in no case may the time limit exceed one additional year.

(Ord. 95-020, § 9, 1995; Ord. 86-016, § 9)

A. It is unlawful for any person as principal, agent or otherwise to divide by sale, lease or financing any land in violation of the provisions of this chapter.

B. Sale Voidable. Any deed of conveyance, sale or contract to sell made contrary to the provisions of the Map Act or of this chapter is voidable to the extent and in the same manner as provided by Section 66499.32 of the Subdivision Map Act.

Nothing in this section shall be deemed to render void or voidable any trust deed, mortgage or other encumbrance in the hands of a bona fide holder for value.

C. Remedies Not Barred. Nothing herein contained shall be deemed to bar any legal, equitable or summary remedy to which the county or other political subdivision, or any person may otherwise be entitled. The county or other political subdivision or person may file suit in any court of competent jurisdiction, to restrain or enjoin any attempted or proposed division of land or sale in violation of the Subdivision Map Act or this chapter.

D. Refusal of Permits. The department of public works and development services or any other department, agency, officer or agent of the county may refuse to grant building and other permits in relation to the property involved until such time as all of the requirements of this chapter have been complied with.

(Ord. 95-020, § 10, 1995; Ord. 0-81-002, § 37; Ord. 520-A-15, § 6, 1975; Ord. 520-A-12, § 2, 1974; prior code, § 701.104)

"May" indicates an action which is permissive. "Shall" indicates an action which is mandatory. All words in the singular shall include the plural, and plural, the singular. Each gender shall include the other. Each tense shall include the other tenses.

(Prior code, § 701.200)

1. "Abut" means to be contiguous to and in actual contact along a common line for a distance of at least eight feet.

2. "Approved" means approved by the board of supervisors or by the department having jurisdiction on such matters, unless specified.

3. "Approved private road" means a strip of land approved for road purposes which has not been dedicated or accepted as a public road and which connects a parcel of land with a public road.

4. "Board" means board of supervisors of the county.

5. "Clerk of the board" means the county administrative officer who is ex-officio clerk of the board of supervisors.

6. "Commission" means the county planning commission.

7. "County road" means a public street, avenue, highway or road which has been accepted by resolution of the board of supervisors into the county-maintained road system as set forth in Streets and Highways Code Section 941(b).

8. "Cul-de-sac" means a road which terminates in a permanent turnaround and which by design is not intended to continue beyond its terminal point.

9. "Dead-end road" (stub road) means a road which is terminated at the boundary line of the division of land but which will be required to be extended at a later date to provide access to abutting land.

10. "Dedicated road" means a right-of-way dedicated to the county for road purposes, and legally accepted as such by the county.

11. "Design" means:

a. Street alignments, grades and widths;

b. Drainage and sanitary facilities and utilities, including alignments and grades thereof;

c. Location and size of all required easements and rights-of-way;

d. Fire roads and firebreaks;

e. Lot size and configuration;

f. Traffic access;

g. Grading;

h. Land to be dedicated for park or recreational purposes; and

i. Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to or implementation of the general plan required by Article 5 (commencing with Section 65300) of Chapter 3 of Division I of this title, or any specific plan adopted pursuant to Article 8 (commencing with Section 65450) of Chapter (Fresno County 6-89) 3 of Division I of this title.

11A. "Desisted remainder" means all or a portion of any unit or contiguous units of improved or unimproved land which is not divided for the purpose of sale, lease or financing.

12. "Director" means the director of public works and development services for the county.

13. "Divider" means the same as "subdivider."

14. "Double frontage lot" (or through lot) means a lot having frontage on two roads and having the right of access to both of said roads, but excluding corner lots.

15. "Easement for public road" means a right-of-way offered for dedication and accepted by the county for road purposes by a division of land.

16. "Expressway" means a highway for through traffic with full or partial control of access and generally with intersections at grade.

17. "Freeway" means a highway for through traffic with full control of access and generally with grade separation at intersections.

18. "Frontage" means that portion of a parcel of property which abuts on and has access to a public or approved private road.

19. "Frontage road" (service road or outer highway) means those roads which parallel freeways, expressways or highways, providing for access to abutting property or for circulation, and which are separated from the highway by a dividing strip.

20. "General plan" means the long range, comprehensive general plan for the orderly development of the county, adopted by the board of supervisors, which may include any of the elements listed in the Government Code of the state.

21. "Improvement" refers to such street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to used for public or private streets, highways, ways and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as condition precedent to the approval and acceptance of the map thereof.

22. "Improvement" also refers to such other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency or by a combination thereof, is necessary or convenient to insure conformity to or implementation of the general plan required by Article 5 (commencing with Section 65300) of Chapter 3 of Division I of this title, or any specific plan adopted pursuant to Article 8 (commencing with Section 65450 of Chapter 3 of Division I of this title.

23. "Improvement plans" means the plans, profiles, cross sections and specifications of all proposed improvements.

24. "Improvement standards" means the design and improvement requirements established by the board of supervisors by ordinance.

25. "Local road" means either a private or public road that is used or is intended to be used for the principal purpose of serving as access to abutting property.

26. "Lot" means:

a. A parcel of real property with a separate and distinct number or other designation shown on a subdivision map recorded in the office of the county recorder; or

b. A parcel of real property delineated on an approved record of survey map or parcel map as filed in the office of the county recorder.

27. "Lot split" means the same as subdivision.

28. "Map Act" means the Subdivision Map Act as set forth in the Government Code of the state of California, Division 2, Title 7.

29. "Mineral resource zone 2 (MRZ-2)" means that area classified by the general plan as an area where adequate information indicates that significant mineral deposits are now present, or where it is judged that a high likelihood for their presence exists.

30. "Nonaccess line" means a line delineated on a land division map, or described in a deed, which is for the purpose of prohibiting access.

30A. "Omitted parcel" means the same as designated remainder.

31. "Outlot" means a lot designated alphabetically on the parcel map for specific use or nonuse.

32. "Parcel map" means the map prepared for acceptance by the director (ex-officio county surveyor) and the county clerk-recorder in accordance with the approved tentative map as provided in this chapter and state laws.

33. "Parcel of land" means the whole of any numbered lot in an approved subdivision or the whole of any other holding of abutting land under one ownership.

34. "Person" means and includes any individual, firm, copartnership, joint venture, association, corporation, estate, receiver, syndicate or any group or combination acting as a unit, and the plural as well as the singular number.

35. "Private road" means the same as approved private road.

36. "Public road" means any street, avenue, highway or road which has been improved, dedicated, accepted and maintained as a public road in a manner approved by the county.

37. "Restricted access strip" means a strip of land not less than one foot in width for the purpose of regulating access to part width and dead-end roads until such time as such roads may completed or extended.

38. Setback Line, Front Yard. "Front yard setback line" means the line which defines the depth of the required front yard measured from the right-of-way line or plan line when one has been established.

39. Setback Line, Rear Yard or Side Yard. "Rear yard or side yard setback line" means the line which defines the depth or width of the required rear yard or side yard measured from the property line.

40. "Specific plan" means an officially adopted document or map setting forth county policy, programs or regulations for the systematic execution of the general plan.

41. "Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others, except that employees and consultants of such persons or entities, acting in such capacity, are not "subdividers."

42. "Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future, except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in Section 1350 of the Civil Code or a community apartment project, as defined in Section 11004 of the Business and Professions Code. As used in this section, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock.

43. "Temporary turnaround" means a paved area for turning vehicles at the end of a dead-end road, which is constructed either within the dedicated right-of-way or upon a temporary easement, to be obliterated when said road is extended.

44. "Tentative map" means a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property.

45. "Tentative parcel map" means a tentative map presented to the director for his approval for a division of land as provided for in this chapter.

46. "Vesting map" means a map that confers a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the application for a vesting tentative map is determined to be complete or at such later time as provided for in Government Code Sections 66474.2 or 66498.1 (b).

47. "Watercourse" means a strip of land over which water flows, having a definite bed, bank and channel, wherein the water need not flow continually but usually flows in a particular direction.

48. "Zone district" means the district established by the zoning ordinance.

(Ord. 95-020, § 11, 1995; Ord. 88-024, § 6; Ord. 88-007, § 5; Ord. 0-85-023, § 6; Ord. 0-81-002, § 38; Ord. 592, § 2, 1977; Ord. 520-A-15a5, § 3, 1977; Ord. 520-A-15, § 7, 1975; Ord. 520-A-13, § 3, 1974; Ord. 520-A-12, § 3, 1974; prior code, § 701.200)

No division of land shall be made except in accordance with the provisions of this chapter and state law. Any person desiring to divide land shall:

A. Submit to the director an application for his approval of the land division as provided for in Section 17.72.150;

B. Submit to the director for his approval a tentative map of the proposed land division as provided by Section 17.72.160, together with as many copies as may be required:

C. File a parcel map as described by Section 17.72.240 unless a waiver is granted as provided in Section 17.72.145.

(Ord. 520-A-15, § 8, 1975; Ord. 520-A-13, § 4, 1974; Ord. 520-A-12, § 4, 1974; prior code, § 701.300)

Whenever a provision of this chapter requires that a tentative map be filed, a vesting tentative map may instead be filed. Any person desiring to obtain a vesting tentative map shall first submit an application for tentative map as provided by Section 17.72.140, together with an application for Site Plan Review as provided by Section 874 of the Fresno County Zoning Ordinance.

(Ord. 0-85-023, § 13)

Any person desiring to divide land by gift deed shall:

A. Submit to the director an application for his approval of the land division as provided for in Section 17.72.155;

B. File a certificate of compliance as described by Section 17.72.248.

(Ord. 88-010, § 2)

A. A tentative map and parcel map shall be waived where land is to be divided, when an application for the waiver of a parcel map is filed with the director, the findings set forth in subsection D of this section can be made, and any of the following conditions occur:

1. The division is for the purpose of agricultural financing;

2. The division is for the purpose of financing a single-family residence to be occupied by the owner thereof situated on land in an exclusive agricultural zone district;

3. The division is to establish a life estate in property improved with a residence situated upon fee-owned land five acres or larger;

4. Each of the parcels upon division is forty acres or more in area or a quarter-quarter section or larger;

5. Each of the parcels upon division is twenty acres or more or one-half of a quarter-quarter section or larger in area, is situated between the Friant-Kern Canal and Interstate Highway 5 and is within an area restricted to parcels twenty acres or larger as shown on the Fresno County general plan;

6. The division is for the purpose of sale or lease of land to a governmental agency, public entity or public utility.

B. A tentative map and parcel map shall be waived where land is to be divided into four or less parcels when an application for the waiver of a parcel map is filed with the director, the findings set forth in subsection D of this section can be made and the property lines of the parcels to be created are coterminous with the parcel lines as shown upon the 1971-72 equalized county assessment roll.

C. For all divisions subject to the provisions of this chapter, except as hereinabove provided in subsections A and B, a tentative map shall be required, but a parcel map shall be waived when the findings set forth in subsection D of this section can be made, there exists adequate and durable monuments in the field which appear of record in the office of the county recorder to permit the retracement of boundaries for each parcel to be created.

D. The waiver of a parcel map shall be subject to the condition precedent that the director finds that the proposed division complies with requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and such other requirements of the Map Act and this chapter relating thereto, and a certificate of waiver has been filed and recorded as provided in Section 17.72.246.

E. Waiver of the parcel map shall not preclude compliance with the grading requirements of this chapter.

F. The requirements of Section 17.72.333 shall apply to divisions under subsection 17.72.145A4.

(Ord. 88-010, § 3; Ord. 0-81-006, § 1; Ord. 592, § 3, 1977; Ord. 520-A-a6, § 1, 1977; Ord. 520-A-15a5, § 4, 1977; Ord. 520-A-15a4, § 1, 1976; Ord. 520-A-15a2, § 1, 1975; Ord. 520-A-15, § 9, 1975)

Application for the approval of a subdivision shall be made by filing the following items with the department of resources and development:

A. Application Form. Application for the approval of a tentative parcel map shall be made upon forms provided by the resources and development department. The application shall contain the following information:

1. Legal description of the whole parcel proposed to be divided;

2. Existing use of the parcel to be divided;

3. Proposed use of the parcels to be created;

4. Source of domestic water supply and proposed method of sewage disposal;

5. Name, address and telephone number of the applicant;

6. Copy of deed of present owner;

7. Copy of an official assessor's plat depicting the parcel to be divided, unless said parcel is shown on the latest equalized assessor's roll.

B. Filing Fee. The board of supervisors shall establish by resolution the fees for filing a tentative parcel map, which shall be paid at the time of filing thereof. No refund of a filing fee shall be made for any map or portion thereof deleted, withdrawn or abandoned.

(Ord. 0-81-002, § 39; Ord. 520-A15-a7, § 9, 1979; Ord. 520-A-15a3, § 2, 1976; Ord. 520-A-15, § 10, 1975; Ord. 520-A-12, § 5, 1974; prior code, § 701.301)

Application for approval of a preapplication for certificate of compliance shall be made by filing the following items with the advisory agency:

A. Application Form. Application shall be made upon forms provided by the advisory agency;

B. Filing Fee. The board of supervisors shall establish the fees for filing a preapplication for certificate of compliance, which shall be paid at the time of filing thereof. No refund of a filing fee shall be made for any portion thereof deleted, withdrawn or abandoned;

C. Map. A map shall be legibly drawn on tracing paper suitable for reproduction, to a scale and in a manner prescribed by the director to illustrate the proposed division of land, and submitted with as many copies as may be required. Upon request, the advisory agency shall furnish such paper together with necessary instructions;

1. The map shall depict the information required by Section 17.72.160A through N.

D. Legal Descriptions. Legal descriptions of all proposed parcels shall be prepared by or under the direction of a licensed land surveyor or registered civil engineer.

(Ord. 88-010, § 4)

Application for approval of a merger of contiguous parcels shall be made by filing the following items with the advisory agency:

A. Application form. Application shall be made upon forms provided by the advisory agency;

B. Filing Fee. The board of supervisors shall establish the fees for filing a merger application, which shall be paid at the time of filing thereof. No refund of a filing fee shall be made for any portion thereof deleted, withdrawn or abandoned;

C. Title. A current report from a title company which sets forth therein the owner of the parcels to be merged together with any deed of trust thereon;

D

Legal Descriptions. Except in the case of lots or parcels of a recorded subdivision or parcel map, legal descriptions of the resulting merged parcels shall be prepared by or under the direction of a licensed land surveyor or registered civil engineer authorized to practice land surveying.

(Ord. 91-039, § 3)

A tentative parcel map shall be legibly drawn on tracing paper suitable for reproduction, to a scale and in a manner prescribed by the director to illustrate the proposed division of land. Upon request, the department of public works and development services shall furnish such paper together with necessary instructions.

The following information shall be shown on the map:

A. The bounder lines of the entire parcel including the area to be divided; with dimensions, based on existing survey data or property description;

B. The proposed division lines with dimensions;

C. Identification of each parcel with a number;

D. All existing buildings and structures, together with their major exterior dimensions and the distance from boundary lines (except when located on the opposite side of public right-of-way);

E. The location of all existing wells, septic tanks and leaching fields, with the distance from boundary lines (except when located on the opposite side of public right-of-way);

F. The location and names of all abutting roads;

G. The location, widths and names of any roads proposed by the divider;

H. Source of data from which the map was drawn;

I. Name, address and telephone number of the person preparing the map;

J. Existing easements;

K. Land subject to flooding;

L. Watercourses, streams and drainage channels;

M. Approximate location of any area within one-quarter mile which is identified as MRZ-2 on the general plan. If all of an area identified as MRZ-2 is within the boundaries of the tentative map, a note stating that condition shall be placed conspicuously on the map;

N. Such additional information as the director deems necessary due to unusual topography or drainage conditions.

O. Identification of a designated remainder or omitted parcel.

(Ord. 95-020, § 12, 1995; Ord. 88-007, § 6; Ord. 0-81-002, § 39; Ord. 520-A-14, § 11, 1975; Ord. 520-A-12, § 6, 1974; prior code, § 701.302)

Vesting tentative maps shall be clearly labeled "Vesting Tentative Parcel Map."

(Ord. 0-85-023, § 14)

A tentative parcel map shall be approved or conditionally approved when all of the following conditions exist or will be satisfied prior to the filing of the parcel map:

A. All parcels to be created by the proposed subdivision shall meet the design approval of the director. The director is authorized to accept appropriate conditions of approval necessary to mitigate significant adverse impacts upon the environment identified pursuant to the administration of the Public Resources Code of the state of California, Division 13 thereof, known as the California Environmental Quality Act of 1970, as amended, and the regulations promulgated thereunder;

A-1.

All notices required under Section 17.72.075 have been or will be recorded;

B. All easements required under Section 17.72.330 have been or will be offered to the county;

C. Recorded easements for private access to all parcels will be provided as required under Section 17.72.333;

D. All improvements required under Sections 17.72.340 through 17.72.365 have been or will be completed or deferred as provided in Sections 17.72.370 or 17.72.380 and drainage fees have been paid, exempted, or deferred according to the provisions of Chapter 17.64;

E. The director shall not impose conditions requiring the subdivider to provide geologic or hydrologic data relating to the ability of the parcels proposed to be created to support individual sewage systems and domestic water sources unless he has reason to believe that such parcels may not be capable of sustaining such system.

(Ord. 88-007, § 7; Ord. 520-A-15a8, § 1, 1980; Ord. 520-A-15a5, § 5, 1977; Ord. 520-A-15, § 12, 1975; Ord. 520-A-12, § 7, 1974; Ord. 520-A-9, § 1, 1973; prior code, § 701.303)

A vesting map shall be approved or conditionally approved when all the following conditions exist:

A. All provisions of Section 17.72.170 have been met;

B. A Site Plan Review has been approved in accordance with Section 874 of the Fresno County Zoning Ordinance.

(Ord. 0-85-023, § 15)

A. A preapplication for the creation of four or less parcels shall be approved or conditionally approved when the conditions listed in Section 17.72.170A through E exist or will be satisfied prior to the issuance of building permits for the proposed parcels and the requirements of Sections 17.72.070 and 17.72.095 have been met.

B. A preapplication for the creation of five or more parcels shall be approved or conditionally approved when the conditions listed in Chapter 17.48 exist or will be satisfied prior to the issuance of building permits for the proposed parcels and the requirements of Section 17.72.070, 17.72.075 and 17.72.095 have been met.

(Ord. 88-010, § 5)

A. Time Limit. The director shall approve, conditionally approve, or disapprove the tentative map within fifty days following its filing unless exceptionsor modifications of the requirements of this chapter, variance from zoning ordinance requirements, or any other matter requiring separate action is involved in the proposed division of land; in which case, the director shall render a decision within twenty days following final action on such petition for exception or modification, variance or other matters. The director shall notify the applicant of disapproval, including reasons thereof and shall advise the applicant of right of appeal. At his discretion, the director may refer the tentative map directly to the commission for a public hearing and decision. If the tentative map is referred to the commission, the procedure of Sections 17.28.110 through 17.28 130 shall be followed.

B. Extension. The time limits listed above may be extended with the consent of the applicant.

(Ord. 0-85-023, § 7; Ord. 520-A-15-a7, § 10, 1979; Ord. 520-A-15, § 13, 1975; Ord. 520-A-12, § 8, 1974; prior code, § 701.304)

A. The applicant may, at the time of filing the application for the tentative map, request exception of design principles or improvement standards.

B. The applicant may within fifteen days of the conditional approval, petition the director for modifications of design principles and improvement standards.

C. The director may authorize modifications of design and improvement standards as set forth in this chapter, whenever all the following findings are made:

1. There are exceptional circumstances or conditions that affect said property or the reasonable use thereof;

2. The exception is necessary to preserve a substantial property right and permit the enjoyment thereof;

3. The granting of the exception will not be detrimental to the public safety, health and welfare;

4. The granting of the exception will not be injurious to or prevent the logical development of other property in the immediate area.

(Ord. 520-A-15, § 14, 1975; Ord. 520-A-12, § 9, 1974; prior code, § 701.305)

A. The applicant may, within ten days of the director's decision, appeal that decision to the planning commission. Such appeal shall be made in writing and shall state the reasons for the appeal. The commission shall conduct a hearing to consider the appeal. The commission shall render its decision on the appeal after the close of its hearing.

B. The applicant, director or any person adversely affected may, within ten days of the decision of the commission, appeal that decision to the board of supervisors. Such appeal shall be made in writing and shall state the reasons for the appeal. The board of supervisors shall conduct a hearing to consider the appeal. The board shall render its decision on appeal after the close of its hearing.

(Ord. 0-85-023, § 8; Ord. 520-A-15-a7, § 11, 1979; Ord. 520-A-15, § 15, 1975; Ord. 520-A-12, § 10, 1974; prior code, § 701.306)

No subdivision shall be deemed valid until and unless it conforms to the provisions of this chapter and the approved tentative parcel map and has been certified by the director of public works on the form hereinafter referred to as the county surveyor's certificate and filed with the county clerk-recorder.

(Ord. 520-A-15, § 16, 1975; prior code, § 701.307)

Failure to file a parcel map within two years after the date on which the tentative parcel map is approved or conditionally approved by the director or any extension thereof, shall terminate all proceedings. Before a parcel map may thereafter be filed, a new tentative parcel map shall be submitted and approved. Upon written application by the subdivider filed prior to the expiration date of the approved tentative parcel map, an extension for a period or periods not to exceed a total of three years may be granted by the director.

(Ord. 86-016, § 10; Ord. 520-A-15-a7, § 12, 1979; Ord. 520-A-15, § 17, 1975; prior code, § 701.307A)

A. The rights conferred by a vesting tentative map shall last for an initial time period of two years beyond the recording of the parcel map. Where several parcel maps are recorded on various phases of a project covered by a single vesting tentative map, the two-year time period shall begin for each phase when the parcel map for that phase is recorded.

The initial time period shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if the time used to process the application exceeds thirty days from the date that a complete application is filed. Any time prior to the expiration of the initial time period provided by this section, the subdivider may apply for a one-year extension. If the extension is denied by the Director, the subdivider may appeal the denial to the Board of Supervisors within fifteen days.

B. If the subdivider submits a complete application for a building permit during the periods of time specified in subdivision A, the rights shall continue until the expiration of that permit, or any extension of that permit.

(Ord. 0-85-023, § 16)

Failure to meet the conditions of an approved waiver within two years after the date on which the waiver is approved by the director or any extension thereof, shall terminate all proceedings. Before any parcels depicted on a waiver may thereafter be created, a new waiver application shall be submitted and approved. Upon written application by the subdivider filed prior to the expiration of the approved waiver, an extension for a period or periods not to exceed a total of three years may be granted by the director.

(Ord. 88-010, § 6)

Failure to file a certificate of compliance within two years after the date on which the preapplication is approved or conditionally approved by the director or any extension thereof shall terminate all proceedings. Before a certificate of compliance may thereafter be filed, a new preapplication for certificate of compliance shall be submitted and approved. The time limit listed above may be extended by the director upon receipt of a written request by the applicant filed prior to the expiration of an approved preapplication, but in no case may the time limit exceed three years.

(Ord. 95-020, § 13, 1995; Ord. 88-010, § 7)

A. In the event the applicant wishes to terminate his application prior to the recordation of the parcel map, he shall submit his request in writing. Where an agreement to construct improvements has been executed, the director of public works may release to him any surety bond or cash deposit which he may have posted upon completion of necessary abandonment proceedings.

B. In the event the parcel map has been recorded with the county clerk-recorder, a revised parcel map may be prepared in the manner prescribed in this chapter for an original parcel map, and the revised parcel map shall supersede any previous parcel map.

(Ord. 0-81-002, § 40; Ord. 520-A-15, § 18, 1975; prior code, 701.307B)

Reversion to acreage for four or less contiguous parcels under the same ownership shall comply with Section 66499.20¼ of the Government Code.

(Ord. 86-016, § I1; Ord. 520-A-15, § 19, 1975)

A. The parcel map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor. When submitted to the director, a current report from a title company shall be attached, which sets forth therein the owners of record of the property proposed to be divided, together with any recorded easements, liens, mortgages, deeds of trust or other encumbrances thereon.

B. The parcel map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film including certificates, affidavits, and acknowledgments may be legibly stamped or printed upon the map with opaque ink. 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 by twenty-six inches. A margin line shall be drawn completely around each sheet leaving an entirely blue margin of one inch.

D. The scale of the map shall be one inch equals one hundred feet, except that subdivisions with lots two acres or greater may use a scale of one inch equals two hundred feet, or the director may require one inch equals fifty feet if complexity of detail so warrants.

E. When the parcel map consists of more than two sheets, a key map drawn to scale of one inch equals one thousand feet shall be placed on sheet number one indicating the relationship of all sheets. The particular number of each 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.

F. The title of each parcel map shall consist of a parcel map number conspicuously placed on the sheet followed by the words "Consisting of _______ sheets" (showing the number thereof) followed by the words "In the County of Fresno" or "In the County of Fresno and partly in the City of _______" as the case may be. There shall appear a description of all the property being subdivided, by reference to such map or maps of the property shown thereon as previously recorded or filed in the county clerk-recorder's office, or previously filed with the county clerk-recorder pursuant to a final judgment in any action in partition, or previously filed in the office of the county clerk-recorder under authority of Chapter 3, Part 2 of Division 4 of the Business and Professions Code, or by reference to the plat of any United States Survey. Each reference, in such description, to any subdivision shall be spelled out and worded identically with the original records thereof and must show a complete reference to the book and page of records of the county clerk-recorder. The description shall also include reference to any abandonment/vacation, with the date, book and page/document number of records of the county clerk-recorder.

G. The exterior boundary of the land included within the subdivision shall be identified by distinctive lines and clearly so designated. The map shall show the location of each parcel and its relation to surrounding surveys. If the map includes a designated remainder or omitted, and the gross area thereof is five acres or more, that parcel need not shown on the map as a matter of survey, but only by deed reference to the existing boundaries of the parcel.

H. No additional survey and map requirements shall be included on the parcel map which do not affect record title interests. However, the map shall contain a notation of reference to survey and map information required by Section 17.72.252.

I. A lot shall be shown in its entirety on one sheet. The parcel map shall particularly define, delineate and designate all parcels intended to be reserved for private purposes, all parcels offered for dedication for any purpose, and any private roads, with all dimensions, boundaries and courses clearly shown and defined in every case. Parcels offered for dedication other than for roads, alleys, pedestrian walkways, water lots or easements shall be designated. The parcels shall be numbered consecutively and shall continue without omission or duplication throughout the entire subdivision. Each parcel containing an area of one acre or more, excluding public easements of record, shall have designated thereon the net acreage of such lot shown no less accurately than to the nearest one-hundredth of an acre.

J. Statements and acknowledgments as are required by the Subdivision Map Act shall appear on the title sheet of the parcel map, unless their omission is permitted in the manner provided in the Subdivision Map Act.

The following statements shall appear on a parcel map:

1. Engineer's ( Surveyor's ) Statement.

"This map was prepared by me or under my direction (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. The monuments are of the character and in the locations shown hereon (or will be set in the locations shown hereon prior to the expiration of one year from the date of filing of this parcel map or any approved extension by the County of Fresno) and are sufficient to enable the survey to be retraced.

(Signed) (Name) R.C.E. (or L.S.) No___"

2. Recorder's Certificate or Statement.

"Filed this _______ day of _______, 19___, at_______m. in Book_______of_______, at page_______, at the request of _______

(Name) County Recorder

By .....

Deputy County Recorder"

3. County Surveyor's Statement.

"I have examined this map; that the subdivision as shown is substantially the same as it appeared on the tentative map, and any approved alterations thereof; that all provisions of the Subdivision Map Act and local ordinances applicable have been complied with and that I am satisfied that the map is technically correct.

Dated: ________

(NAME), Director

Public Works & Development Services Department

By .....

(NAME) Assist County Surveyor

(PLS or RCE) No."

K. A statement, either by separate document or statement on the parcel map, shall be signed and acknowledged by all parties, as specified in Sections 66436 and 66445 of the Government Code, consenting to the preparation and recordation of the parcel map. The director may accept or reject offers of dedication that are made by statement. Whenever a statement or acknowledgment is made by separate instrument, there shall appear on the parcel map a reference to the separately recorded document. This reference shall be completed by the county recorder. Evidence of title, acceptable to the county clerk-recorder, shall be secured from a title company indicating that as shown by public records, the parties whose signatures appear in the statement and who consent to the recordation of the map, are all the parties having record title interest in the land being subdivided whose signatures are required by the Subdivision Map Act.

(Ord. 95-020, § 14, 1995; Ord. 86-018, § 12; Ord. 0-81-002, § 40; Ord. 520-A-15a7, § 13, 1979; Ord. 592, § 4, 1977; Ord. 520-A-15a5, § 6, 1977; Ord. 520-A-15a1, § 1, 1975; Ord. 520-A-15, § 20, 1975; prior code, § 701.307C)

A. There shall appear a boundary description of the property being subdivided.

B. A property plat map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor. When submitted to the director of public works, a current report from a title company shall be attached, which sets forth therein the owners of record of the property proposed to be divided.

C. The property plat map shall be a map legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black.

D. The size of each sheet shall be eight and one-half by eleven inches or eight and one-half by thirteen inches. An entirely blank margin of two inches shall be left at the top of each sheet.

E. The exterior boundary of the land included within the subdivision shall be indicated by distinctive lines and clearly so designated. The map shall show the location of all division lines.

G. A certificate shall be signed and acknowledged by the subdivider having record title interest, consenting to the preparation and recordation of the waiver certificate.

(Ord. 0-81-002, § 40; Ord. 520-A-15-a5, § 7, 1977)

A. The waiver certificate shall be submitted to the director of public works for his examination prior to filing, together with all necessary fees for the recordation of the waiver certificate. Within twenty days after receiving the waiver certificate or within such additional time as may be reasonably necessary, the director shall determine whether the waiver certificate is technically correct. If approved, he shall so certify upon the waiver certificate.

B. After affixing his signature upon the waiver certificate, the director shall present the certificate to the county clerk-recorder for filing. When the certificate is presented to the county clerk-recorder and is accepted by him, he shall file and index the same in the official records of the county. The clerk-recorder may not have more than ten days to examine the certificate before accepting or refusing it for filing. The charge for filing and for indexing by the clerk-recorder shall be the same as provided for recording a deed.

(Ord. 520-A-15-a5, § 8, 1977)

A certificate of compliance or conditional certificate of compliance shall be prepared and presented to the office of the county clerk-recorder for filing by the director when the following items have been filed with the advisory agency:

A. Application Form. Application shall be made upon forms provided by the advisory agency;

B. Filing Fee. The board of supervisors shall establish the fees for filing a certificate of compliance, which shall be paid at the time of filing thereof. No refund of a filing fee shall be made for any portion thereof deleted, withdrawn or abandoned;

C. Copy of preapplication for certificate of compliance approval or lot/property line adjustment approval;

D. Copy of deeds creating the parcels or report from a title company showing that the parcels have been adjusted.

(Ord. 95-020, § 15, 1995; Ord. 88-010, § 8)

A notice of merger shall be prepared and presented to the office of the county recorder for filing by the director when the following items have been filed with the advisory agency;

A. Application Form. Application shall be made upon forms provided by the advisory agency;

B. Filing Fee. The board of supervisors shall establish the fees for filing a notice of merger, which shall be paid at the time of filing thereof.

(Ord. 91-039, § 4; Ord. 88-010, § 8)

A. Bearings - Length of Lines - Curve Data. The bearing and length of each parcel line and boundary line shall be shown on the parcel map; provided that, when bearings or lengths of parcel lines in any series of parcels are the same, such bearings or lengths may be omitted from each interior parallel parcel line of such series. Each required bearing and length shall be shown in full and no ditto mark or other designation of repetition shall be used.

The length, the radius, the total central angle of each curve and the central angle and length of each segment within each parcel shall be shown thereon.

The distances and bearings on the side lines of parcels which are cut by easements shall be so arrowed or shown as to indicate clearly the actual length of each parcel line.

B. Highways, Roads and Public Use Areas.

Data Required:

1. For each highway and road the following shall be shown:

a. Width of existing right-of-way;

b. Width of portion to be dedicated, if any;

c. Centerline with right-of-way width on each side;

d. Centerline data, as follows:

i. Distance between centerlines of streets and points of tangency,

ii. Length of each tangent,

iii. Radius,

iv. Central angle,

v. Length of each curve.

2. For each alley and pedestrian walkway the following shall be shown:

a. Total right-of-way width;

b. Bearings and distances as needed.

3. For each water lot and other parcel offered for public or private use the following shall be shown:

a. The intended use;

b. Dimensions of parcel (with bearings and distances as needed).

Non-Access Line. Non-access lines shall be shown on the parcel map. The certificate shall indicate therein where direct access rights are being relinquished.

Road Names. Each public road and private road, serving four or more parcels, shown on the parcel map shall have a name. The road name shall be subject to approval by the board of supervisors.

Each road which is to be dedicated, which is a continuation of, or approximately the continuation of, any existing dedicated road or way, shall be given the same name as such existing road.

Where a road within the subdivision coincides with an alignment for which the board has previously designated a street name, the same street name shall be shown on the parcel map.

The words "avenue," "boulevard," "place" or other designation of any such road or way shall be spelled out in full on the parcel map and have a proper indication of North, South, East or West as a prefix thereto.

Dedication. If a highway, road, alley, pedestrian walkway, water lot or other parcel intended for public use is being dedicated by a parcel map it shall be properly designated on the map and set out in the owner's certificate of dedication on the map.

C. Easements.

Location, Width and Ties. The parcel map shall show the width, the sidelines or centerlines and sufficient ties to definitely locate each easement to which the parcels in the subdivision are subject. If the location of such easement cannot be definitely determined, a statement shall be placed on the map acknowledging the existence of such easement.

Designation, Notes and Figures. Each easement shown for any canal, ditch, storm drain, sewer or utility shall be designated by a dashed line and clearly labeled and identified with all notes and figures pertaining thereto subordinate in form and appearance to those relating to the subdivision itself. If the easement is of record, the record reference shall be shown.

Dedication. If a dedication or an easement is being offered with a parcel map, it shall be incorporated in the owner's certificate required under Section 17.72.240K.

D. County or City Boundary Lines. Each county or city boundary line crossing or adjoining the subdivision shall be shown upon the parcel map and such line shall be clearly designated and tied in. No parcel shall be divided by a county, city, school or special district boundary line.

E. Adjacent Subdivision: The parcel map shall show the tract number (and name, if any) of abutting subdivisions.

F. Procedure—Accuracy. The procedure and practice of all survey work done on any subdivision in the preparation of a parcel map shall conform to the accepted standards of the surveying profession. The accuracy of all surveys done in connection with any subdivision shall have a precision of one in ten thousand.

G. Existing Centerlines. In the event the director, the State Highways Engineer, or any city engineer has established a centerline of any street or alley in or adjoining a subdivision, the parcel map shall show such centerline, together with reference to a field book or map showing such centerline and the monuments which determine its position. If determined by ties, that fact shall be stated upon the parcel map.

H. Existing Monuments. Each parcel map shall fully and clearly show and identify such monuments or other evidence determining the boundaries of the subdivision as were found on the ground, together with sufficient corners of adjoining subdivisions, by lot and block number, tract name and place of record, or by section, township and range or other proper designation as may be necessary to locate precisely the limits of the subdivision and to permit the survey to be retraced.

I. New Monuments. The location, size, type, length and depth of all monuments placed in making the survey shall be shown and if any were reset by ties, that fact shall be shown. All monuments on the exterior boundary of the subdivision, except those within construction zones, shall be placed prior to the approval of the parcel map. All interior monuments shall be set subsequent to the completion of the subdivision improvements, and a security shall be presented by the subdivider as provided for in Section 66496 of the Subdivision Map Act.

Monuments shall be placed and shall be of the type specified below:

1. All parcel corners and changes of direction on all interior and exterior boundaries shall be monumented by three-quarter-inch by twenty-eight-inch pipe, permanently and visibly marked or tagged with the certificate number of the surveyor or civil engineer setting it, each number preceded by the letters "L.S." or "R.C.E." respectively as the case may be;

2. The centerline of every public street in the subdivision, including the border streets, shall have monuments in accordance with the improvement standards, unless waived by the director. Monuments will be furnished by the county.

The director may allow the use of off-set monuments, properly tied to reference monuments, when necessary due to terrain, waterways or other unusual circumstances. The director may also allow the use of durable monuments other than those specified in 1 and 2.

J. Monuments—Replacement. Before street improvements are accepted, all existing monuments disturbed by the placement of any improvements shall be reset.

K. Bench Marks. Bench marks shall be set at locations required by the director. Descriptions of bench marks shall be furnished to the public works and development services department for inclusion in their records.

L. California Coordinate System. All surveys necessary to the subdivision of land shall conform to the California Coordinate System when required by the director. When required, each parcel map shall show that California coordinate of every monument and all California coordinates shall be used and shown on all traverse closure sheets and other notes and ties which are required.

M. The parcel map may be compiled from record or filed data available when sufficient survey information exists on filed maps and when the location of any boundary of the parcel map either by monuments or possessory lines is certain. If there is not sufficient survey information on filed maps and when the location of the boundary of the parcel map is uncertain a field survey shall be made.

(Ord. 86-016, § 13; Ord. 520-A-15, § 21, 1975; prior code, § 701.308)

A. Additional survey and map information may include: building setback lines, flood hazard zones, seismic lines and setbacks, geologic mapping, archaeological sites and other information required by this chapter.

B. Additional information shall be filed or recorded simultaneously with the parcel map. The additional information shall be in the form of a separate document or an additional map sheet which shall indicate its relationship to the parcel map, and shall contain a statement that the additional information is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest. The document or additional map sheet may also contain a notation that the additional information is derived from public records or reports, and does not imply the correctness or sufficiency of those records or reports by the preparer of the document or additional map sheet.

(Ord. 86-016, § 14)

A. The parcel map shall be submitted to the director of public works for his examination prior to filing, together with all necessary fees for recordation of the parcel map; parcel map checking fees; and improvement plan checking and inspection fees required by Section 17.72.400. All such fees shall be established by the board of supervisors by resolution.

Within twenty days after receiving the parcel map or within such additional time as may be reasonably necessary, the director of public works shall examine it for the survey information shown thereon. If he is satisfied that it is technically correct, he shall so certify upon the parcel map.

B. After affixing his signature upon the parcel map, the director of public works shall present the map to the county clerk-recorder for filing. When the parcel map is presented to the county clerk-recorder and is accepted by him, he shall so certify on the face thereof and shall fasten the same securely in a book of parcel maps which he shall keep in his office. The clerk-recorder may not have more than ten days to examine the parcel map before accepting or refusing it for filing. The charge for filing and for indexing by the clerk-recorder shall be the same as provided for subdivided land under Section 27372 of the Government Code. Upon acceptance by the clerk-recorder, the parcel map shall be a public record.

(Ord. 520-A15-a7, § 14, 1979; Ord. 520-A-15-a3, § 3, 1976; Ord. 520-A-15, § 22, 1975)

The design of the subdivisions shall be subject to the approval of the director based upon the following principles:

A. The size and configuration of parcels shall be such as to encourage the efficient utilization of land and not deter or hinder the development of adjacent parcels, present and future;

B. Provide for the opening or extension of streets for traffic circulation in the interests of convenience, safety and welfare of the immediate residents.

(Ord. 520-A-15, § 23, 1975; Ord. 520-A-12, § 11, 1974; prior code, § 701.400A)

A. The area and dimensions of parcels resulting from or created by a division of land shall be in conformity with the property development standards of the zoning district in which the division of land is located. A larger minimum lot area may be required where necessitated by topographical or geological features.

B. All parcels shall have frontage on at least one public or approved private road as prescribed y the property development standards for the zoning district in which the division of land is located.

C. The area, dimensions or frontage of each parcel shall be such as to allow for the future widening, extension or opening of any street or alley established y specific plans, specific plan lines or where the projected ultimate right-of-way lines are determinable from existing development.

D. The configuration of each parcel of less than one hundred thousand square feet shall be such as to provide for statutory locational criteria of wells and sewage disposal fields. Greater than minimum area or dimensions as determined the county health department, may be required to adequately accommodate wells and sewage disposal fields.

(Ord. 520-A-15, § 24, 1975; prior code, § 701.400B)

No parcel created shall be divided by the boundary line of a city, county, school district or special district.

(Prior code, § 701.400C)

Double frontage parcels, other than corner lots, which abut roads and have a depth of less than two hundred forty feet will not be approved except where necessitated by topographical or other physical conditions or where ingress and egress to and from one of the roads is prohibited by law or where direct access rights have been or will be waived.

(Prior code, § 701.400D)

A. Layout shall be as follows

1. Street right-of-way widths shall be in accordance with Tables 1 and 2 codified in Section 17.72.430.

2. Streets which are extensions of existing streets shall continue along the centerline of the existing street, as far as practicable, either in the same direction or by adjustment curves.

3. All opposing streets entering upon any given street shall have their centerlines directly opposite each other or separated by at least one hundred twenty-five feet.

B. Intersections. The centerlines of streets shall intersect one another as nearly at right angles as practicable, shall not be excessively curved and shall conform to the requirements for sight distance provided in the improvement standards.

C. Restricted, Access Strips. Abutting land not part of a land division shall not be permitted access to a deeded part width or stub road over a restricted access strip.

1. Restricted access strips shall be provided along and at the end of part width and stub roads to separate them from abutting land not part of the land division.

2. Said restricted access strip shall not be less than one foot in width and shall be offered to the county.

(Prior code, § 701.400E)

The design of the land division shall be such that full width roads will be provided. Part width roads will be allowed only where unusual and exceptional circumstances such as existing road patterns, property divisions and existing land development make it impracticable to provide full width roads. A restricted access strip shall be provided in accordance with Section 17.72.300C.

(Prior code, § 701.400F)

A. Stub Roads. Stub roads shall be provided where necessary to give access to or permit a satisfactory future development of adjoining land. Said road shall extend to the boundary line of the property, or within one foot thereof where a restricted access strip is dedicated.

Stub roads which are abutted by more than one lot on either side shall be terminated by a temporary turnaround. The turnaround shall conform to the improvement standards. A stub road may be approved without a temporary turnaround when the road is less than one hundred fifty feet in length, or its length equals the dimension of the corner lot along said road, whichever is greater.

B. Cul-de-sac Roads. Cul-de-sac roads shall be terminated by a permanent turnaround as provided in the improvement standards. Cul-de-sac roads shall not exceed three hundred feet in length, measured from the centerline of the intersecting road to the end of the turnaround, unless an additional fire hydrant is located at the end of the turnaround, in which case the maximum length may be five hundred feet. These limits shall not apply to stub roads in subdivisions with minimum lot sizes of thirty-six thousand square feet or more.

C. Access Roads. An access road required to connect a proposed subdivision with a public road, shall be considered to be part of the subdivision and shall meet all requirements of this chapter.

(Ord. 520-A15-a7, § 15, 1979; Ord. 520-A-15, § 25, 1975; prior code, § 701.400G)

Easements for pubic roads shall be required in the following situations:

A. Where it is necessary to open, widen or extend a public road in order to serve the parcels to be created or to serve local neighborhood traffic needs;

B. Where it is necessary to complete an existing partial width road where ingress and egress is prohibited by a restricted access strip;

C. Where widening or opening of a road is shown on a specific plan.

(Ord. 520-A-15, § 26, 1975; prior code, § 701.401)

A. Division of land shall have access provided as follows:

1. There shall be a nonexclusive sixty-foot-wide private road easement lying between an existing public road and the parcels being created. The road alignment shall provide for a minimum centerline curve radius of one hundred twenty-five feet, except the minimum radius may be seventy-five feet when the grade is in excess of ten percent. The maximum grades shall not exceed the requirements of the A-15 improvement standard.

a. Private road easements shall not be certified for public use by the subdivider.

2. The subdivider shall execute a covenant running with the land agreeing that they will contribute their proportionate share toward the improvement and/or maintenance of the private road to a standard determined adequate by the users of said private road, through a district, agency or other entity, whether public or private, for the improvement and/or maintenance of said private road.

B. The private road shall be improved as follows:

1. For divisions situated between the Friant-Kern Canal and Interstate Highway 5 the subdivider shall improve the road easement to a standard not less than that required by the A-15 county improvement standard.

2. For divisions east of the Friant-Kern Canal or west of Interstate Highway 5, the road shall be improved for a distance equal to that portion of the private road traversing the parcel being divided, or for a proportional distance based on the potential number of parcels that may be served by the easement, as determined by the director as follows:

a. To a standard not less than that required by the A-15 B and C county improvement standard where the total number of parcels served by such private road is more than four and less than sixty; or

b. To a standard not less than that required by the A-15 county improvement standard.

3. The access easement serving a parcel map creating a maximum of four parcels abutting the private road or the balance of the easement for which improvement is not required by subdivision 2 of this subsection shall be improved as required by the subdivider's registered civil engineer to be adequate for passenger cars and emergency equipment. A written statement shall be filed by the developer's engineer and approved by the county for both of the following conditions:

a. Improved to the standard determined necessary by a registered civil engineer to meet the vehicular needs of the users of said easement;

b. Constructed to provide grading and erosion control to prevent sedimentation or damage to off-site property arising out of the improvement or use of said easement.

4. The road easement in subdivision 3 of this subsection shall also be improved as required by the fire district serving the area to be adequate for fire apparatus. Final approval shall be by the director and may be appealed to the board of supervisors.

(Ord. 88-024, § 7; Ord. 0-81-006, § 2; Ord. 0-81-002, § 41; Ord. 520-A-15, § 27, 1975)

Where a subdivision or any part thereof is traversed by any watercourse, channel, stream or creek, the subdivider shall, subject to riparian rights, indicate the physical limits thereof and provide sufficient easements, a design and construction, to dispose of surface and storm waters originating within the subdivision.

(Ord. 520-A-15, § 28, 1975)

A. Land subject to flooding and land deemed by the director to be uninhabitable shall not be used for residential occupancy, nor for such other uses as may endanger health, life or property or aggravate the flood hazard and shall be shown as additional information in accordance with Section 17.72.252B and designated as subject to inundation or otherwise uninhabitable.

B. Such land may be filled or otherwise improved in a manner and to a degree approved by the director so it is no longer subject to the restrictions of this subsection. The required improvements shall be completed or agreed to be completed by secured agreement pursuant to Section 17.72.370 prior to the approval of the parcel map.

C. Land included within areas "Zones A, AO, AH, and A1 through A30" on the Flood Insurance Rate Map (FIRM) or other lands shown as flood hazard areas on maps that have been obtained pursuant to Section 15.48.060C2, shall not be divided until a flood plan is provided by the subdivider and approved by the director. Such flood plan shall indicate the method by which all development within the subdivision, including any utility and drainage systems, will be floodproofed to minimize possible flood damage and to eliminate adverse flood effects caused by such development on other properties. Such flood plan shall include the appropriate one-hundred-year flood elevation as defined in Chapter 15.48. In areas where there are no readily verifiable elevation data for use by the building inspector for checking building elevations, the subdivider shall provide for the installation of one or more bench marks (as specified by the director), installed to county specifications by a licensed surveyor or a registered engineer. In addition, at least one corner monument for each lot shall have its elevation determined and noted on the subdivision map.

D. The location of any watercourse, channel, stream or creek which functions as a drainageway shall be shown as additional information in accordance with Section 17.72.252B. In the event said watercourse, channel, stream or creek is required to be relocated, only the new location need be shown.

(Ord. 86-016, § 15; Ord. 616, § 14, 1980; Ord. 520-A-15, § 29, 1975)

A. As a condition precedent to acceptance and approval of a parcel map or the waiver thereof, the divider shall make, or agree to make, the improvements required by this chapter, whenever the director finds that such improvements are necessary for reasons of public health and safety or as a prerequisite to the orderly development of the surrounding area.

B. For all other parcels where land is divided into four or less lots, and off-site or on-site improvements are required as hereinafter provided, such improvements need not be made until such tinge as a permit or other grant of approval for the development of a divided parcel is issued by the appropriate public agency. The required improvements shall be noticed by certificate on the parcel map, on the instrument evidencing the waiver of such parcel map, or by separate instrument, and shall be recorded concurrently with, or prior to recording the parcel map or instrument waiving a parcel map.

(Ord. 520-A-15-a5, § 9, 1977)

Where improvements are proposed or are required by the provisions of this chapter, improvement plans shall be submitted to the department of public works for review and approval. The improvement plans shall show full details of the improvements as required by the improvement standards. The improvement plans shall be prepared and signed by a registered civil engineer.

(Ord. 520-A-15, § 30, 1975)

During construction of the improvements, the civil engineer shall be available for consultation on the general supervision of the various phases of the construction operation. He shall also be responsible for providing construction engineering and surveying to enable the work covered by the improvement plans.

(Ord. 520-A-15, § 31, 1975)

All existing roads fronting upon a divided parcel of less than five acres in area shall be widened and improved in accordance with Tables 1 and 2 codified in Section 17.72.430 except as hereinafter provided. The applicant play enter into a nonrevocable agreement requiring future construction of the improvements in accordance with the requirements of Section 17.72.380 when either of the following circumstances exist:

A. When more than fifty percent of the adjoining road frontage within the block is lacking any of the required road improvements; or

B. When more than fifty percent of the adjoining frontage within six hundred sixty feet in either direction from the divided parcel is lacking such improvement.

Said calculations shall not include the divided parcel.

(Ord. 520-A-9, § 1, 1973; prior code, § 701.402A)

Improvements for private access roads shall be in accordance with Section 17.72.333. The inspection of the construction of any improvements less than the County A-15 Road Standard shall be the responsibility of the subdivider's engineer, who shall certify the construction conforms to design.

(Ord. 520-A-15, § 32, 1975)

A. Public and Private Roads. Prior to the recordation of the final map of a subdivision containing any improved local public or private roads, the subdivider shall have provided for their maintenance by a county service area or other method acceptable to the director.

(Ord. No. 13-015, § 1, 6-11-2013; Ord. 88-024, § 8)

Public severs shall be provided to the property line of all divided parcels containing a net area of thirty-six thousand square feet, or less. Public sewers shall be provided to the property line of all divided parcels containing a net area greater than thirty-six thousand square feet and less than two acres when the health officer finds that soil and topographical conditions require the use of such systems. A community water supply system shall be provided to the property line of all divided parcels containing a net area of less than two acres, except where individual systems are authorized on a lesser area as provided in this code.

(Ord. 520-A15-a8, § 2, 1980 Ord. 520-A15-a7, § 16, 1979; Ord. 520-A-15-a5, § 10, 1977; Ord. 520-A-9, § 2, 1973; prior code, § 701.402B)

A. Grading. A grading plan shall be prepared in accordance with the provisions of Chapter 15.28 of this Ordinance Code entitled "Grading and Excavation" prior to the acceptance and approval of the parcel map. The grading plan shall depict the depth and extent of all excavations and embankments which constitute changes in original grade from that shown on the approved tentative subdivision map. The exception provisions set forth in Sections 15.28.020A and B of Chapter 15.28 shall not apply to land being subdivided and permits shall be required for all grading as shown on the grading plan on such subdivided land without limitation as to quantity of fill or depth of cut unless the subdivision contains four or less parcels or the parcels being created are twenty acres or larger in size.

B. Drainage. The subdivider may be required to install drainage facilities to adequately remove surface and storm waters from the subdivision. When so required, installation shall conform to Table 1 as provided in Section 17.72.430.

Pursuant to the Subdivision Map Act and Chapter 17.64 of this ordinance Code, the subdivider may be required to pay a fee as a condition of approval of a parcel map for the purpose of defraying the actual or estimated costs of planned drainage facilities for the removal of surface or storm waters from local or neighborhood drainage areas in accordance with the drainage element of the general plan.

C. Erosion Control. The subdivider shall be required to provide erosion control for the prevention of sedimentation or damage to off-site property.

(Ord. 520-A-15, § 33, 1975)

Pursuant to Chapter 15.60 of Title 15 of this Ordinance Code, the subdivider shall be required to make such improvements required therein for the purpose of providing for wild life protection. When improvements required by this chapter are more restrictive than Chapter 15.60, the requirements of this chapter shall prevail.

(Ord. 91-025, § 3)

A. Where the required improvements are not completed before the parcel map is approved, the divider shall enter into an agreement with the director to complete the work. Such agreement shall provide for the following:

1. Time limit for completion of required improvements;

2. Changes or alterations that become necessary during the performance of the work;

3. Maintenance for a period of one year after the completion and acceptance thereof against any defective work or labor done, or defective materials finished, for electrical and mechanical equipment required for water supply and distribution systems and sewerage collection and treatment facilities;

4. Maintenance for a period of two years, one year for developments below six hundred-foot elevation, after the completion and acceptance thereof against any defective work or labor done, or defective materials furnished in the construction of public or private roads. At the request of the divider, the director may extend the completion date. Such agreement shall provide for the release of the required improvement security when the conditions of the agreement are completed.

B. To assure the county that this work will be completed, improvement security in the form of cash deposit, faithful performance bond, instrument of credit, irrevocable letter of credit or deposit in escrow in the following amount shall be required:

1. Improvement security equal in the amount of the estimated cost of all required work to secure the performance of all work as indicated in the agreement, plus an additional ten percent of the original estimated cost to cover any changes or alterations that become necessary during the performance of the work;

2. Improvement security in the amount of fifty percent of the estimated cost of all required work to secure payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials for such improvements;

3. Improvement security to secure the maintenance for a period of one year after the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, for electrical and mechanical equipment required for water supply and distribution systems and sewerage collection and treatment facilities. Said security shall not exceed an amount equal to twenty-five percent of the estimated cost of furnishing and installing said facilities. This security shall be in addition to any warranty required of the manufacturers of said electrical and mechanical equipment;

4. Improvement security to secure the maintenance of a public or private road for a period of two years, one year for developments below six hundred-foot elevation, after the acceptance thereof against any defective work or labor done or defective material furnished in the construction of the road which security shall be in the following amount:

a. First year: thirty percent of the first three hundred thousand dollars of estimated construction cost (ten thousand dollars minimum) plus twenty percent of the amount over three hundred thousand dollars.

b. Second year: upon completion of the corrections of failures, security may be reduced to fifty percent of the first year amount;

5. Security acceptable to the director in the amount equal to the estimated cost of placing all monuments and lot corners not set at the time the parcel map is filed as specified in Section 17.72.250.

The form of such security shall be in substantially the form shown in Sections 66499.1 and 66499.2 of the Subdivision Map Act.

C. As a part of the obligation guaranteed by security and in addition to the face amount of the security, there shall be included cost and reasonable expenses and fees, including reasonable attorney's fees, incurred by the local agency in successfully enforcing the obligation secured.

D. If the divider fails to complete the improvements in the time specified or an extension thereof, the county may take appropriate legal action against the divider and his bond with or without first causing such improvements to be completed. In the event of a cash deposit in lieu of a bond to secure the improvement agreement, the county may, at its option, cause the improvement to be completed and retain the cost thereof out of the deposit. In the event such deposit is insufficient to pay the full cost of such improvement, the divider shall be liable for any balance.

E. Where the required improvements are completed before the parcel map is approved, improvement security in a form as set forth in Section 17.72.370B3 and 4 shall be required.

(Ord. 88-024, § 9; Ord. 0-81-002, § 42; Ord. 520-A-15, § 34, 1975; prior code, § 701.403A)

A. A divider who chooses to defer the construction of the required improvements when authorized under this chapter shall enter into an agreement with the county for the future construction of such improvements at his sole cost and expense including the cost of inspection. Such agreement shall be recorded and shall provide that the construction of improvements shall commence within ninety days after written demand upon the owner of such divided parcel is made by the county through its director of public works. This written demand is to be mailed to such owner at his address as it appears on the last equalized assessment roll.

B. In the event the owner of a divided parcel fails to perform such agreement within the time required therein and the county elects to perform the work, the cost thereof shall constitute a special assessment against the parcel. After the assessment is made and confirmed, it shall be a lien on the parcel. The assessment shall be made and confirmed following a hearing on the cost expended upon giving such owner not less than ten days' written notice by mail at his address as it appears can the last equalized assessment roll. If such assessment as confirmed is not paid within thirty days thereafter, such lien shall continue on the divided parcel until the amount thereof, together with interest at the rate of seven percent per year computed from the date of confirmation is paid or until it is discharged of record.

C. The form and substance of the agreement, procedures, documents or covenants necessary to place the agreement and lien into effect shall be determined by the director of public works subject to the approval of the county counsel.

D. If the owner fails to complete the improvements upon demand of the county as provided herein, the county may take appropriate legal action against the owner without first causing such improvements to be completed.

(Ord. 0-81-002, § 42; prior code, § 701.403B)

All required improvements shall be constructed under the inspection of the director of public works.

(Prior code, § 701.403C)

A. The divider shall pay the following amounts to the department of public works as fees for checking the improvement plans and inspection of all proposed improvements, controlled by the county, prior to the submission of the parcel map for acceptance:

1. Six percent on the first seventy thousand dollars of the estimated cost of improvement;

2. Three and one-half percent on the next four hundred thirty thousand dollars;

3. Two percent on the next five hundred thousand dollars; and

4. One percent on all costs over one million dollars.

B. The fees established by this section shall be based on reasonable improvement cost estimates made by the director of public works. No adjustment in or refund of such fees shall be made once such fees have been paid; except when a parcel map is withdrawn. The unexpended portion of the required fee may be refunded upon written request made by the director of public works.

C. The director of public works may retain qualified consulting engineers for the performance of any part of the inspection services. The fee for inspection services for any given division of land shall be determined by mutual agreement.

(Ord. 520-A-15-a3, § 4, 1976; prior code, § 701.404)

The fees as provided by Section 27372 of the Government Code shall be paid to the county clerk-recorder to defray costs of recording of any parcel map.

(Prior code, § 701.405)

It shall be the duty of the director of public works to inspect all improvements installed and monuments set as to their compliance with this chapter and county standards. No sum of money or bonds given for faithful performance of such work shall be exonerated from the agreement referred to herein until and unless the director of public works certifies compliance thereto.

(Prior code, § 701.406)

The following tables outline improvement standards applicable to this chapter:

Table 1 Standards Related to Required Improvements

Table 2 Sidewalk Requirements

*NOTE: The installation of frontage roads on arterials and collectors shall not preclude the sidewalk requirement.

(Ord. 0-83-019, § 6)