Mariposa County Municipal Code § 16.04 General Provisions

This title is adopted to implement and supplement the Subdivision Map Act and may be cited as the subdivision title of Mariposa county.

HISTORY

Adopted by Ord. 429 Sec. 2 on 8/24/1976

1. A report as to conformity to the general plan, which is required pursuant to section 65402 of the Government Code as the result of a proposed division of land, may be included as part of and at the same time as the action taken by the advisory agency on such division of land. It is required that approval of subdivision maps, pursuant to section 66473.5 of the California Government Code, be based upon the findings that the proposed subdivision is in conformance with the Mariposa County general plan.

   1. Amendments to the general plan may be requested upon the filing of an application for general plan amendment and the payment of application fees.

   2. General plan amendment application processing procedures and fees shall be set by resolution of the Mariposa County board of supervisors.

2. Such report is not required for a proposed subdivision which involves:

   1. The disposition of the remainder of a larger parcel which was acquired and used in part for street purposes;

   2. Acquisitions, dispositions or abandonments for street widening; or

3. Alignment projects; provided, that the advisory agency expressly finds that any such disposition for street purposes, acquisitions, dispositions, or abandonments for street widening, or alignment projects is of a minor nature.

HISTORY

Adopted by Ord. 429 Sec. 1 on 8/24/1976 Amended by Ord. 478 Sec. A 1 on 3/14/1978 16.04.030 Designation Of Remainders

1. The following provisions shall apply to any major subdivision or minor subdivision map which contains an area of property designated as a remainder, as defined by the California Government Code.

   1. A development permit shall not be issued to a designated remainder until a valid certificate of compliance is issued to the remainder. The planning commission shall apply all standards of the General Plan, and this title, including, but not limited to, parcel size, access and terrain, and surveying of boundaries to the certificate of compliance or conditional certificate of compliance on the designated remainder. The standards applied to the designated remainder shall be the same as the standards applied to the subdivision map which created the designated remainder.

   2. A statement shall be recorded in the official records concurrently with subdivision maps designating a remainder as follows: "A Certificate of Compliance must be obtained prior to the issuance of a development permit on the designated remainder in accordance with section 16.04.030 of Mariposa County Code." This statement shall be referenced on the face of the map.

   3. A statement shall be placed upon all certificates of compliance issued to remainder parcels as follows: "The described property is a designated remainder approved for development in accordance with California Government Code section 66424.6 and is not a parcel created in conformance with the Subdivision Map Act and County Subdivision Ordinance."

2. The provisions of this section shall become effective on all maps recorded after May 5, 1986, and shall not apply to designated remainder parcels created before this effective date. Such designated remainder parcels created by recorded maps before the effective date of this section shall remain subject to all state laws and county code provisions in effect at the time of their creation and shall not be deemed parcels for the purpose of sale, lease or finance.

HISTORY

Adopted by Ord. 654 Sec.4 on 5/6/1986 Adopted by Ord. 883 Sec. I on 1/3/1995 16.04.040 Content Of Final And Parcel Maps

In addition to the mandatory information specified by this title, whenever a condition of approval for a tentative map requires additional information of a non-title nature to be included in the record, that information shall be placed in the official records by a separate document concurrently with the final or parcel map as follows:

1. The additional information may be in the form of text or map, or both;

2. A statement that the additional information is not intended to affect record title interest and describes conditions as of the date of filing;

3. The parcel or final map shall contain a notation or reference to additional information by recording data.

4. Any revisions to the information in this record shall require approval by the planning commission.

HISTORY

Adopted by Ord. 677 Sec. I on 2/3/1987 16.08 Definitions 16.08.010 Generally 16.08.020 Certificate Of Compliance 16.08.025 Gift Deed 16.08.030 Major Subdivision 16.08.040 Minor Subdivision 16.08.050 Parcel Map 16.08.060 Planned Development 16.08.070 Subdivider 16.08.080 Subdivision 16.08.090 Subdivision Map Act 16.08.100 Tentative Map 16.08.110 Tentative Parcel Map 16.08.120 Transfer Of Title 16.08.140 Vesting Tentative Map