Mariposa County Municipal Code Title 16 Subdivisions

The words and phrases set forth in this chapter shall have the meanings respectively ascribed to them.

HISTORY

Adopted by Ord. 429 Sec. 3 (part) on 8/24/1976 16.08.020 Certificate Of Compliance

"Certificate of compliance" means a document describing a unit or contiguous units of real property and stating that the division thereof complies with applicable provisions of the Subdivision Map Act and county ordinances enacted pursuant there-to.

HISTORY

Adopted by Ord. 429 Sec. 3 (part) on 8/24/1976 16.08.025 Gift Deed

"Gift deed" means a recorded document which transfers owner-ship of a piece of land without monetary or other consideration.

HISTORY

Adopted by Ord. 546 Sec. 1 (part) on 7/1/1980 16.08.030 Major Subdivision

"Major subdivision" means a subdivision of five or more lots.

HISTORY

Adopted by Ord. 429 Sec. 3 (part) on 8/24/1976 16.08.040 Minor Subdivision

"Minor Subdivision" means a subdivision of four or fewer lots.

HISTORY

Adopted by Ord. 429 Sec. 3 (part) on 8/24/1976 16.08.050 Parcel Map

"Parcel map" means a map prepared pursuant to Article 3 (commencing with section 66444), Chapter 2, Division 2, Title 7 of the Government Code (Subdivision Map Act).

HISTORY

Adopted by Ord. 429 Sec. 3 (part) on 8/24/1976 16.08.060 Planned Development

"Planned development" means a proposal made by a subdivider for a proposed subdivision or portion of a proposed subdivision to achieve a specific design of residential, commercial, or industrial use mixtures which carry out the objective of the general plan and would otherwise be prohibited by certain portions of the subdivision title.

HISTORY

Adopted by Ord. 429 Sec. 3 (part) on 8/24/1976 16.08.070 Subdivider

"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.

HISTORY

Adopted by Ord. 429 Sec. 3 (part) on 8/24/1976 Amended by Ord. 469 Sec. B(58) on 11/15/1977 16.08.080 Subdivision

"Subdivision" means the division of any improved or unimproved land, shown by 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. Subdivision includes the division of any improved or unimproved land by gift deed.

HISTORY

Adopted by Ord. 429 Sec. 3 (part) on 8/24/1976 Amended by Ord. 469 Sec. B(59) on 11/15/1977 Amended by Ord. 854 Sec. I on 4/27/1993 16.08.090 Subdivision Map Act

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

HISTORY

Adopted by Ord. 429 Sec. 3 (part) on 8/24/1976 16.08.100 Tentative Map

"Tentative map" means a map prepared for the purpose of showing the design of a proposed major subdivision and filed with the planning commission precedent to the preparation and filing of a final map.

HISTORY

Adopted by Ord. 429 Sec. 3 (part) on 8/24/1976 16.08.110 Tentative Parcel Map

"Tentative parcel map" means a map prepared for the purpose of showing the design of a proposed minor subdivision and filed with the planning commission precedent to the preparation and filing of a parcel map or precedent to waiver of requirement for a parcel map.

HISTORY

Adopted by Ord. 429 Sec. 3 (part) on 8/24/1976 16.08.120 Transfer Of Title

"Transfer of title" includes but is not necessarily limited to: transfers resulting from land partition actions; gift deed transactions; probate proceedings resulting in partitions; and real property and marriage dissolution proceedings resulting in partitions of real property.

HISTORY

Adopted by Ord. 546 Sec. 1 (part) on 7/1/1980 16.08.140 Vesting Tentative Map

"Vesting Tentative Map" shall mean a "tentative map" or "tentative parcel map" for a residential subdivision as defined in this title, and shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with section 16.10.050 and processed in accordance with the applicable provision of this title and California State law.

HISTORY

Adopted by Ord. 654 Sec. 1 on 5/6/1986 16.10 Vesting Tentative Maps 16.10.010 Citation And Authority 16.10.020 Purpose And Intent 16.10.030 Consistency 16.10.040 Application 16.10.050 Filing And Processing 16.10.060 Fees 16.10.070 Expiration 16.10.080 Vesting On Approval Of Vesting Tentative Map 16.10.090 Development Inconsistent With Zoning--Conditional Approval 16.10.100 Applications Inconsistent With Current Policies 16.10.110 Amendment

This chapter is enacted pursuant to the authority granted by Chapter 4.5 (commencing with section 66498.1) of Division 2 of Title 7 of the Government Code of the State of California (hereinafter referred to as the Vesting Tentative Map Statute), and may be cited as vesting tentative maps.

It is the purpose of this chapter to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and this title. Except as otherwise set forth in the provisions of this title, the subdivision regulations of the county shall apply to the Vesting Tentative Maps.

To accomplish this purpose, the regulations outlined in this chapter are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development.

No land shall be subdivided and developed pursuant to a vesting map for any purpose which is inconsistent with the general plan and any applicable specific plan or not permitted by zoning or other applicable provisions of the county code.

All other definitions set forth in this title are applicable.

1. This chapter shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title, requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may instead be filed, in accordance with the provisions hereof.

2. If the subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction or work preparatory to construction.

A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in this title for a tentative map, or tentative parcel map, except as hereinafter provided:

1. At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map."

2. At the time a vesting tentative map is filed a subdivider shall also supply the following information:

• height, size, and location of buildings,

• sewer, water, and storm drains,

• circulation details including roads and pedestrian access,

• information on the uses to which the building will be put,

• detailed grading plans,

• geological studies,

• flood control information,

• architectural plans,

• street and security lighting,

• other studies as may be required by the county.

3. The planning commission may waive the requirement for the submittal of information identified in section 16.10.050(B) based upon a specific finding that the information is not necessary due to the type or design of the proposed subdivision.

Upon filing a vesting tentative map, the subdivider shall pay fees in accordance with the adopted fee schedule provided for in Chapter 16.24 of this title for tentative map or tentative parcel map as appropriate.

The approval or conditional approval of a vesting tentative map shall expire at the end of the same period, and shall be subject to the same extensions established by this title for the expiration of the approval or conditional approval of a tentative map or tentative parcel map.

1. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Government Code section 66474.2.

However, if section 66575.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.

2. Notwithstanding subdivision (A), a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:

   1. A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.

   2. The condition or denial is required, in order to comply with state or federal law.

3. The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 16.10.070 of this chapter. If the final map is approved, these rights shall last for the following periods of time:

   1. An initial time period of one year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

   2. The initial time period set forth in 16.10.080(C)(1) above shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds thirty (30) days, from the date a complete application is filed.

   3. A subdivider may apply for a one-year extension at any time before the initial time period set forth in 16.10.080(C)(1) expires. If the extension is denied, the subdivider may appeal that denial to the board of supervisors.

   4. If the subdivider submits a complete application for a building permit during the periods of time specified in subdivision (1)-(3) above, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

1. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at the time, that inconsistency shall be noted on the tentative map. The county shall deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall, not withstanding section 16.10.080(A), confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved.

2. The rights conferred by this section shall be for the time periods set forth in section 16.10.080(C).

Notwithstanding any provisions of this chapter, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in section 16.10.080(A) and 16.10.090 and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

Approved vesting tentative maps may be amended, as provided in Government Code section 66498.2, according to the following provisions:

1. An amended vesting tentative map will be processed in accordance with section 16.10.050 of this chapter.

2. An amended vested tentative map shall replace the original vested tentative map upon approval of the amended map. At the time, the original vested tentative map shall no longer confer a vested right except as provided by the approved or conditionally approved amended vested tentative map.

3. An amended vested tentative map shall be processed in accordance with the standard in effect at the time that the amended map is submitted for processing.

HISTORY

Adopted by Ord. 654 Sec. 2 on 5/6/1986 16.12 Minor Subdivisions 16.12.010 Procedure 16.12.020 Applicability 16.12.030 Tentative Parcel Map Required 16.12.034 Completeness Of Application 16.12.036 Procedure For Processing Tentative Parcel And Parcel Maps 16.12.040 Alleys 16.12.050 Front Yard 16.12.060 Side Yard 16.12.070 Rear Yard 16.12.080 Fences And Walls 16.12.090 Copies Of Tentative Parcel Map--Information Required 16.12.100 Planning Commission Requirements 16.12.110 Road Standards--Generally 16.12.120 Road Standards--Grade 16.12.130 Road Standards--Relationship To Other Roads 16.12.140 Road Standards--Staking Margins

No person shall create a minor subdivision except in accordance with a parcel map approved pursuant to this title, resolutions passed in furtherance of this title and the Subdivision Map Act and filed in the office of the county recorder unless such requirement for a parcel map is otherwise waived pursuant to this title.

HISTORY

Adopted by Ord. 429 Sec.4 (part) on 8/24/1976 16.12.020 Applicability

The provisions of this chapter shall not apply to:

1. The conveyance, transfer, creation, or establishment of an easement for sewer, water, or gas pipelines and appurtenances or electrical or telephone poles and lines or conduit and appurtenances;

2. The conveyance or transfer of land or any interest therein by or to the United States, state, county, city, school district, special district, or public utility.

HISTORY

Adopted by Ord. 429 Sec.4 (part) on 8/24/1976 16.12.030 Tentative Parcel Map Required

1. Any person proposing to create a minor subdivision pursuant to this chapter shall file with the planning department a tentative parcel map application pursuant to the provisions of this title and resolutions passed in implementation of it. The planning department shall review and process the application pursuant to the provisions of this title and implementing resolutions. The county engineer shall not certify a parcel map pursuant to Section 66450 of the Subdivision Map Act unless prior thereto a tentative parcel map of the minor subdivision shown thereon has been approved by the planning commission.

2. Based on a report by the planning department the planning commission will take action on the application and environmental determination and adopt findings of fact on any division of land. The planning commission shall make its findings of fact within thirty-five (35) days following completion of a preliminary negative declaration or final environmental impact report. The findings and conditions shall be entered into the planning commission minutes filed in the planning department. The commission may also hold for further study if the initial study is insufficient.

3. A preliminary map will be required for a lot line adjustment between two (2) or more adjacent parcels, where the land taken from one (1) parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, and this preliminary map may be approved by the planning director. Notice of an approved lot line adjustment shall be the same as specified by section 17.08.120.D. of County Code.

HISTORY

Adopted by Ord. 711 Sec. I on 7/12/1988 Amended by Ord. 911 Sec. II on 1/7/1997 16.12.034 Completeness Of Application

Not later than thirty (30) calendar days after receiving an application, the planning department shall notify the applicant in writing as to the completeness of the application. If the application is not complete, the planning department shall specify those parts of the application which are incomplete, and shall indicate the manner in which the application can be made to meet the requirements of the county. The applicant may be requested to clarify, amplify, correct or otherwise supplement the information required for the application. The applicant shall have the burden of informing himself of the requirements for compliance with sections 16.12.090 through 16.12.190 of this chapter. After the planning department accepts an application as complete, the application shall not be refused for failure to provide any new, or additional information.

HISTORY

Adopted by Ord. 711 Sec. 2 on 7/12/1988 16.12.036 Procedure For Processing Tentative Parcel And Parcel Maps

Procedure for processing of tentative parcel and parcel maps described in section 16.12.090 through 16.12.300 of this chapter shall be as follows:

1. Each application for a land division permit shall be submitted to the planning department.

2. Each application shall be accompanied by the following:

   1. Application fee;

   2. Copies of the tentative map

   3. Topographical map

   4. The amount of the fee, other information, and the number of copies of such maps shall be set out by resolution.

3. Upon acceptance of the application for processing, the planning department will complete a preliminary staff report and initial study. After consultation with the applicant and affect-ed agencies, staff will finalize recommendations on the project and determine whether a negative declaration should be issued or an environmental impact report be prepared. This would include any agreements to revise project plans or proposals in order to avoid or mitigate potential significant impacts.

4. If the staff determines a negative declaration should be issued, appropriate findings, and recommendations regarding the approval or denial of the application will be prepared. Staff will complete appropriate forms, and prepare a final report to the planning commission. A hearing will then be scheduled and public notice given for planning commission consideration of the environmental determination and the proposed subdivision.

5. If the staff determines an environmental impact report should be prepared, the matter shall be scheduled for consideration by the planning commission to confirm the requirements. A notice of preparation shall be prepared and distributed to establish the scope for the document. Upon completion of the environmental impact report in accordance with the county's environmental guidelines, staff will prepare a final report and schedule a noticed public hearing before the planning commission for certification of the environmental impact report and final action on the project.

6. With completion of all reports and environmental review procedures, a hearing will be scheduled before the planning commission. Public notice will be provided in accordance with the Map Act and section 17.132 of County Code.

7. The public hearing will be conducted in accordance with section 17.132 of county ordinance and planning commission resolution. Commission considerations will include all reports and recommendations from the staff. Testimony from the applicant and public will also be considered.

8. The commission will act to adopt a negative declaration, or certify the environmental impact report if one was prepared. The planning commission will take final action on the application by approving, conditionally approving, or denying the tentative map.

9. Action by the planning commission on either the project or the environmental determination is subject to appeal. The filing of appeals and subsequent hearings before the board of supervisors shall be in accordance with county ordinance section 17.136 and appeals resolution.

10. When approval of the tentative map has been given, the applicant shall have three (3) years in which to submit the parcel map, pursuant to section 16.12.430 of this chapter.

11. The county surveyor's office will take action on the map as per Government Code section 66450.

12. When the map is ready for recording, the county surveyor will request the original map and filing fee from the applicant or person preparing the map. The county surveyor will also inform the planning commission and health department that the map has been recorded. Under no conditions shall the original map and/or filing fee be submitted until they are requested.

HISTORY

Adopted by Ord. 711 Sec. 3 on 7/12/1988 Amended by Ord. 911 Sec. II on 1/7/1997 16.12.040 Alleys

1. Alleys, not less than twenty (20) feet wide, shall be provided for all lots classified as and to be used for commercial purposes. Alley intersection shall have a property line radius of not less than ten (10) feet or an equivalent angle.

2. Alleys at the rear of industrial or unlimited multiple residential property shall have special considerations to design, location, and possible increase width, for the development of the particular use involved.

HISTORY

Adopted by Ord. 429 Sec.4.2 (part) on 8/24/1976 16.12.050 Front Yard

No buildings, exclusive of eaves, shall be erected closer than:

1. Fifty feet from the centerline of a forty foot or fifty foot existing or future local road;

2. Sixty-five feet from the centerline of a sixty-foot secondary road or a county major highway.

HISTORY

Adopted by Ord. 429 Sec.4.2 (part) on 8/24/1976 16.12.060 Side Yard

There shall be a side yard of not less than ten feet from the side of a building exclusive of eaves, to an interior property line. A side yard on a corner lot, abutting a road or highway shall have the same requirements as the front yard of the lot.

HISTORY

Adopted by Ord. 429 Sec.4.2 (part) on 8/24/1976 16.12.070 Rear Yard

The depth of the rear yard shall be twenty-five feet; except, wherein a corner lot has a depth of not more than fifty feet, then the depth of the rear yard shall not be less than ten feet. Accessory buildings, exclusive of eaves, may be built to the ten-foot line, however, no permanent structure shall be located in a utility easement.

HISTORY

Adopted by Ord. 429 Sec.4.2 (part) on 8/24/1976 16.12.080 Fences And Walls

Fences and walls shall not exceed four feet in height in back of the front property setback line and shall not exceed six feet in height from side property lines, except on key or corner lots.

HISTORY

Adopted by Ord. 429 Sec.4.2 (part) on 8/24/1976 16.12.090 Copies Of Tentative Parcel Map--Information Required

Copies of a tentative map shall be drawn to scale on light paper using contrasting ink. Size shall be not larger than eighteen inches by twenty-six inches nor smaller than eight and one-half inches by eleven inches and shall include the following:

1. The boundary line of the land proposed for division with approximate dimensions based on the latest deed(s) or other record data;

2. The location designated by township, range, section, quarter section, townsite, or subdivision;

3. Name and address of the applicant;

4. Name and address of legal owner of record;

5. If the map is prepared by a licensed land surveyor or registered civil engineer, his name, address, and license number;

6. Date prepared;

7. North arrow and scale;

8. Locations, widths, and purposes of existing and pro-posed easements for utilities, drainage, and access;

9. Approximate percent of grade with arrows indicating the direction of slope and the location of natural drainage course;

10. Names of all adjoining property owners;

11. Parcel layout with approximate dimensions along all property lines and an identifying number or letter for each new parcel; parcel lines should follow existing easements wherever possible;

12. The approximate area in acres of each parcel;

13. The approximate area in acres of the entire parcel before subdivision;

14. Locations, names, widths, and approximate grades of existing and proposed roads whether public or private;

15. All present easements and proposed easements to be dedicated;

16. Access route to the proposed division of land from a county highway, a state highway, access across federal and/or state lands which are open to the public, a public road on which the county has expended funds for maintenance and improvement from the Motor Vehicle License Fee Fund, a public road which has been adjudged as such by a court of competent jurisdiction, a private road which the county has improved pursuant to the provisions of Streets & Highways Code section 969.5 and a grant of right-ofway has been made to the county for the use of the general public in perpetuity;

17. Vicinity sketch showing information such as roads, adjoining sections, creeks, and other data sufficient to locate the proposed division of land and to show its relation to the surrounding area;

18. Source of water supply either existing or proposed;

19. Type of sewer disposal system either existing or pro-posed;

20. Location of existing water or sewer systems if known;

21. All improvements: buildings, pads, mobile homes.

HISTORY

Adopted by Ord. 429 Sec.4.3 (A) on 8/24/1976 Amended by Ord. 462 (part) on 8/16/1977

• 16.12.100 Planning Commission Requirements

Planning commission requirements are as follows:

1. Lot design. A maximum of 4-to-1 ratio on parcel size. A variance may be granted.

2. Drainage and flood control on the property may require the approval by the county engineer if so requested by the planning commission.

3. The property must be identifiable by signs that clearly state the land division number and location of sign on the property.

4. Topographical maps are required with all tentative parcel maps.

5. All information shall be legible after reproduction.

6. A preliminary soil inventory and analysis may be requested of soil conservation service by the planning commission.

7. Prior to any final approval of a land division, as provided herein, the applicant shall file with the planning commission a certificate from the county tax collector acknowledging the records of the tax collector's office reflect there are no delinquent or unpaid tax liens against the property, or any part thereof, for unpaid state, county, or local taxes or special assessments not yet payable. The planning commission shall not approve the division until all delinquent and unpaid land assessments have been paid.

HISTORY

Adopted by Ord. 429 Sec.4.3 (B) on 8/24/1976

Amended by Ord. 436 Sec. 2 on 12/28/1976 Amended by Ord. 446 Sec. 1 (part) on 4/12/1977 16.12.110 Road Standards--Generally

Any proposed easement shall be laid out in such a manner that a road can be constructed meeting the additional conditions set forth in sections 16.12.120 through 16.12.180.

HISTORY

Adopted by Ord. 429 Sec.4.3 (C)(1)(part) on 8/24/1976 16.12.120 Road Standards--Grade

No portion of a proposed road will exceed fifteen percent grade upon completion of construction.

HISTORY

Adopted by Ord. 429 Sec.4.3(C)(1)(a) on 8/24/1976 Amended by Ord. 462 (part) on 8/16/1977 16.12.130 Road Standards--Relationship To Other Roads

The proposed road relates or will allow a relationship to existing or potential roads in the vicinity.

HISTORY

Adopted by Ord. 429 Sec.4.3(c)(1)(b) on 8/24/1976 Amended by Ord. 462 (part) on 8/16/1977 16.12.140 Road Standards--Staking Margins

The applicant shall identify the proposed easement by staking the outer margins of the easement at twohundred-foot intervals on straight alignments and at fifty-foot intervals on curved alignments with wooden stakes not below thirty-six inches from the ground which are tied with colored ribbons visible at a distance of two hundred feet.

HISTORY

Adopted by Ord. 429 Sec.4.3(C)(1)(c) on 8/24/1976 Amended by Ord. 462 (part) on 8/16/1977 16.12.150 Road Standards--Dedication

There shall be an offer of road dedication for a road thirty feet or more on either side of the centerline when the property fronts on a county road. If the property owner owns on both sides of the road, both sides of the road shall be offered for dedication. In the event that a county road passes through a parcel of land, but does not form the boundary of the parcel or divisions thereof, a thirty-foot or more dedication shall be offered on each side of the centerline of the road. The center-line of the road shall be shown on the map and monumented in accordance with the requirements of the road department.

HISTORY

Adopted by Ord. 429 Sec.4.3(C)(1)(d) on 8/24/1976 Amended by Ord. 462 (part) on 8/16/1977

1. There shall be a nonexclusive easement for each parcel to one of the following:

   1. A county highway;

   2. A state highway;

   3. Access across federal and/or state lands which are open to the public; and

   4. A private road which the county has improved pursuant to the provisions of Streets & Highways Code section 969.5 and a grant of right-of-way has been made to the county for the use of the general public in perpetuity.

2. The access easement shall be sixty-foot wide nonexclusive as a condition of approval. The sixty-foot width may be reduced to such less width as required by the Planning Commission in relationship to the ultimate usage and potential future development. An irrevocable offer of dedication will be required on easements as required by the Mariposa County Road Improvement and Circulation Policy. Private easements shall be used, unless otherwise requested by the applicant, for rural roads serving less than 5 parcels and no off-site parcels.

HISTORY

Adopted by Ord. 429 Sec.4.3(C)(1)(e) on 8/24/1976 Amended by Ord. 462 (part) on 8/16/1977 Amended by Ord. 767 Sec. 1 on 3/27/1990 Amended by Ord. 811 Sec. I on 9/10/1991 16.12.170 Road Standards--Easement To Conform To County Standards Easement shall conform to Mariposa county improvement standards, adopted August 18, 1970, and addendum to standards, pursuant to Government Code section 66462(b), which standards are in the office of the county clerk, county of Mariposa, Mariposa, California, or such less standards determined by the planning commission in relationship to ultimate usage and potential future development. Width of road shall be specified by the planning commission. Road surface will be determined by grade and soil type. The easement shall lead from each parcel created by parcel map, including remainder, to a road described in section 16.12.160.

HISTORY

Adopted by Ord. 429 Sec. 4.3(C)(1)(f) on 8/24/1976 Amended by Ord. 462 (part) on 8/16/1977 16.12.175 Road Standards--Identification Signs

When an easement road is named in accordance with the adopted policy covering easement road naming, identification signs shall be installed in the following locations:

1. Within the subdivision's boundaries, sign shall be installed at the intersection of every named easement road, county road, state highway, or public road.

2. Any access easement which intersects a county road, state highway, or public road outside of the subdivision boundaries shall have an identification sign installed at said intersection. All road identification signs shall be designed, constructed, and installed in accordance with the standards established by the county road department.

HISTORY

Adopted by Ord. 593 Sec. 1 (part) on 12/7/1982 16.12.180 Road Standards--Construction

The planning commission may require the applicant to construct a road on the easement prior to recordation of the parcel map, and may require submittal of engineered plans for road improvement to the county engineer for approval. All road construction is subject to approval of the county engineer prior to recordation of parcel map.

HISTORY

Adopted by Ord. 429 Sec. 4.3(C)(1)(g) on 8/24/1976 Amended by Ord. 462 (part) on 8/16/1977 16.12.190 Excavation And Grading

1. No person shall do any excavation, grading, or earth-work construction, including fill and embankments, without first having obtained a grading permit from the building official, except for the following:

   1. Grading in an isolated, self-contained area if there is no danger apparent to private or public property;

   2. An excavation below finished grade for construction authorized by a valid building permit; this shall not exempt any fill made with the material form such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of such structure;

   3. Cemetery graves;

   4. Refuse disposal sites controlled by other regulations;

   5. Excavations for wells or tunnels or utilities;

   6. Mining, quarrying, excavating, processing, stock-piling of rock, sand, gravel, aggregate, or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property;

   7. Exploratory excavations under the direction of soil engineers or engineering geologists;

   8. An excavation which (a) is less than two feet in depth, or (b) does not create a cut slope greater than five feet in height and steeper than one and one-half horizontal to one vertical;

   9. A fill less than one foot in depth, and placed on natural terrain with a slope flatter than five horizontal to one vertical, or less than three feet in depth, not intended to support structures, which does not exceed fifty cubic yards on any one lot and does not obstruct a drainage course.

2. These exemptions may require a permit from another agency. The burden is upon the applicant to make inquiry if a permit is needed.

HISTORY

Adopted by Ord. 429 Sec. 4.3(D) on 8/24/1976 16.12.210 Appeal Of Decision

The board of supervisors will serve as an appeal board on application denials or to a person who is dissatisfied with the findings of the planning commission.

HISTORY

Adopted by Ord. 429 Sec. 4.3(F)(1) on 8/24/1976 16.12.220 Parcel Map--Drafting

1. Material shall be tracing cloth or polyester base film.

2. Size shall be eighteen inches by twenty-six inches.

3. Border shall be one inch on each side.

4. All information shall be legible after reproduction.

5. Map shall be lettered so as to read only from bottom or right side of map with eighteen inches binding edge to the left.

6. Sheet numbering shall read "Sheet_____ of _____Sheets" if more than one sheet is required.

7. Cross-referencing shall read "See Sheet_____" if more than one sheet is required.

8. All property boundaries within the survey shall be shaded or shown by a heavy line to make them distinct.

9. All linework, lettering, and signatures shall be done with black ink of a permanent type, preferably india ink, and shall be waterproof.

HISTORY

Adopted by Ord. 429 Sec. 4.4(A) on 8/24/1976 16.12.230 Parcel Map--Title Block

Title block requirements are:

1. Location shall be at the right side of the sheet(s).

2. The title block shall contain the following information:

   1. RECORD of SURVEY or PARCEL MAP (large lettering);

   2. Name of party(ies) for whom the survey was done;

Example: PARCEL MAP for

John and Mary Jones

3. Description of location shall include base and meridian, range, township, section, and any further breakdown of the section as may apply;

4. Acreage involved;

5. Unincorporated area of county (if applicable);

6. Mariposa County, California;

7. Legal subdivision in which located (if applicable);

8. Date and scale.

HISTORY

Adopted by Ord. 429 Sec. 4.4(B) on 8/24/1976 16.12.240 Parcel Map--North Arrow

1. Shall point away from reader as described under section 16.12.200E.

2. If the north arrow is for grid north, true north shall be shown also with the required rotation between the two indicated thereon.

HISTORY

Adopted by Ord. 429 Sec. 4.4(C) on 8/24/1976 16.12.250 Parcel Map--Certificates

1. Certificates shall appear on the right of the sheet whenever possible.

2. Certificates shall consist of the following:

   1. Surveyor's certificate and seal;

   2. County surveyor's certificate;

   3. County recorder's certificate;

   4. Owner's Certificate;

   5. Acknowledgment.

HISTORY

Adopted by Ord. 429 Sec. 4.4(D) on 8/24/1976 16.12.260 Parcel Map--Basis Of Bearing

1. Basis of bearing shall be taken from a line between two existing monuments set by one of the following methods:

   1. Astronomical observation by direct observation in accordance with latest acceptable methods. Calculations shall be submitted with the map;

   2. California State Plane Coordinate System, Zone III; show stations used and how they were determined;

   3. County surveyor's office records;

   4. Recorded map(s) which have been determined by subdivisions 1 through 3 above:

      1. Magnetic bearing is not acceptable,

      2. When referring to a map of record, a statement of determination of bearing shall be made,

      3. If the basis of bearing on a record map cannot be determined, then methods 1 through 3 of this subsection shall be employed to arrive at a true basis of bearing,

      4. If a recorded map is used , identify the line

      • used as the basis of bearing.

2. The basis of bearing shall be identified by a statement on the map under a heading "Basis of Bearing."

HISTORY

Adopted by Ord. 429 Sec. 4.4(E) on 8/24/1976

1. Monuments (set or found) shall be identified on the map by showing the following:

   1. Material composition;

   2. Outside dimensions (if applicable);

   3. Relative ground elevation (if applicable);

   4. Surveyor's or civil engineer's tag number (if none, so note).

2. If found monuments are accepted as recorded corners or line monuments, they shall be so noted on the map. A full description of such, together with record information, shall be given.

3. All monuments, set or found, shall be shown in a legend table along with their graphic symbol. The table shall have the heading "Legend" and shall also contain any other graphic symbols used on the map.

HISTORY

Adopted by Ord. 429 Sec. 4.4(F) on 8/24/1976 16.12.280 Parcel Map--References

1. All reference data shall be data on file in the office of the county recorder or office of the county surveyor.

2. No reference shall be made to unrecorded information or maps not available in either of the two offices listed in subsection A.

3. A number code may be used to identify each separate reference item.

4. All reference shall be listed in a table under the heading "Reference Data" along with its number code if so used.

5. Reference data may be submitted to the county survey-or's office to be kept on file for future reference.

6. Information regarding corner ties and filing same as per AB 1614 may be obtained at the office of the county surveyor.

HISTORY

Adopted by Ord. 429 Sec. 4.4(G) on 8/24/1976 16.12.290 Parcel Map-Miscellaneous Data

1. Each parcel shall have its acreage shown.

2. Bearings and Distances.

   1. (R&M) shall be shown after a bearing and distance when record information on adjoining property is in agreement.

   2. (R) shall be shown after a bearing and distance when record information on adjoining property is not in agreement.

   3. Conversion factors shall be given for all distances and bearings shown as part of the California State Plane Coordinate System.

3. Purpose, name, and width of roads, rights-of-way, and easements adjacent to and/or within the survey shall be indicated.

4. All easements given for access purposes shall be nonexclusive. Any other easements shall show the purpose for which they will be used.

5. The name(s) of all adjoining property owners shall be shown on the map. The deed reference for each property owner, as well as surrounding property owners, may be required if the county surveyor deems it important to the clarification of the property.

6. When any curve is used as part of a survey, the following data shall be given:

   1. Radius;

   2. Central angle (delta);

   3. Tangent distance;

   4. Length of curve.

7. When a curve is shown as part of a survey, it shall be assumed that its radial bearing is a ninety degrees with lines abutting it. If a curve is not at ninety degrees with said lines, it shall be so noted and a radial bearing given for each end of the curve. If a curve consists of more than one curve (compound curve), the radial bearing at the tangent point of each curve shall be given for all points of intersection.

8. Information on Rancho Las Mariposas sections shall be considered as projected only and shall so state on the map.

HISTORY

Adopted by Ord. 429 Sec. 4.4(H) on 8/24/1976 16.12.300 Parcel Map--Survey Data

1. There shall be a minimum of two survey ties to independent points and a reference made to said points. Survey ties shall be from the following:

   1. Ties to adjoining property of record;

   2. Legal subdivision corners;

   3. Road right-of-way points;

   4. Any point on file in the office of the county recorder or point on file in the office of the county surveyor;

   5. Two or more U.S. Coast and Geodetic Survey on State of California triangulation stations.

2. It shall be the responsibility of the surveyor to use the latest record or filed data that affect the particular surveys.

3. All curves shall be monumented at the B.C.'s and E.C.'s, not at the P.I.'s. Said points shall be references to the limits of any road, right-of-way, or easement if their lasting durability is in question.

4. All corners bordering on the centerline of a county road, access easement, road which has been open to the public for more than five years, or in close proximity thereto, shall be witness cornered to the rightof-way, edge, or limits of said line. If no such line exists, witness corner points shall be placed a distance off said line as to insure their durability.

5. All maps shall be based upon a field survey and in conformance with the Land Surveyor's Act, all corners that define the property description and divisions thereto shall be set in the field and shown on the map to be filed.

6. Boundary and lot closure calculations, as well as certification thereto, shall be submitted with each map. The error in any boundary closure shall not exceed one foot in five thousand feet. Mathematical data (calculations) shall provide a total boundary or parcel closure as well as closure of each division created. Closure calculations to various reference points may be required if the county surveyor deems them necessary to the approval of the map or divisions thereof.

HISTORY

Adopted by Ord. 429 Sec. 4.4(H) on 8/24/1976 16.12.315 Approval Of Parcel Maps

1. It shall be the responsibility of the county engineer to approve all parcel maps prior to recordation in the official records. The county engineer shall ensure compliance with the following requirements prior to approving a parcel map for recordation.

   1. Compliance with all conditions applied to the tentative parcel map by the planning commission.

   2. Payment of property taxes on the subdivided property in accordance with section 16.12.395 of this title.

2. That the parcel map is in substantial compliance with the tentative parcel map approved by the planning commission.

   4. That the parcel map complies with all surveying, mapping, and other requirements established by the Subdivision Map Act and this title.

3. The county engineer shall have the authority to accept, accept subject to improvement, or reject offers of dedication on behalf of the public for dedications provided by certificates on a parcel map or other document. Action on such dedications shall take place in accordance with the provisions of this title, The Mariposa County Road Improvement and Circulation Policy and recommendations by the planning commission.

   1. Public utility easements shall be accepted on behalf of the county and the public. Acceptance shall be solely for the purpose of permitting the development of necessary public utilities, and shall not obligate the county to assume any responsibility or liability related to the easements.

   2. Offers of dedication for right-of-way contiguous to roads in the county road system shall be accepted for public access and maintenance.

   3. Offers of dedication shall be accepted, accepted subject to improvement, or rejected. Offers of dedication for road right-of-way outside of the established county road system may be accepted for the purpose of access, circulation, public utility purposes and for use by the public but not for maintenance. Roads accepted for access may also be accepted into the county road system for maintenance at the direction of the board of supervisors providing they have been constructed to an appropriate level according to the Mariposa County Improvement Standards.

   4. Offers of dedication for road rights-of-way accepted for public access and circulation but not for maintenance, shall not obligate the county to assume any liability or responsibility related to the right-of-way.

   5. Any offers of dedication which are rejected shall remain open and may be accepted at any later date by the county engineer.

4. The county engineer, upon approval of a parcel map, shall sign a certificate on the map indicating the acceptance or rejection of the dedications offered by such map and transmit the map to the county recorder for recordation.

HISTORY

Adopted by Ord. 779 Sec. 1 on 10/23/1990

In order to maintain water quality control on Stockton Creek and Mariposa Creek Watersheds, above the town of Mariposa, as delineated on the maps of the watersheds which may be found in the office of the planning commission, no minor subdivision will be approved without percolation tests approved by the health department. Percolation tests must be performed in the method set out in sections 16.12.330 through 16.12.380.

HISTORY

Adopted by Ord. 429 Sec. 4.6(A) on 8/24/1976 16.12.330 Percolation Tests--Required When

Percolation tests and soil analysis will be required on all proposed parcels of six acres or less, and on all parcels where the health department determines that soil tests are necessary to form a valid opinion and prepare a recommendation. The applicant may appeal the decision of the health department to the planning commission or the board of supervisors if the applicant feels the requirement is excessive or unnecessary.

HISTORY

Adopted by Ord. 429 Sec. 4.6(B) on 8/24/1976 Amended by Ord. 436 Sec. 3 on 12/28/1976 16.12.390 Additional Requirements

The following requirements may govern and/or supersede the information contained in this title:

1. Land Surveyor's Act;

2. Subdivision Map Act;

3. Applicable state laws;

4. Local ordinances and resolutions.

HISTORY

Adopted by Ord. 429 Sec. 4.7 on 8/24/1976 16.12.395 Payment Of Taxes

Prior to the recordation of a parcel map or other document finalizing a subdivision, and as a condition thereof, all real property taxes assessed against any parcel or portion of a parcel set forth on said map, or other document, which at the time the map or other document is recorded are a lien against the property, but which are not yet payable, shall be paid. The burden of producing evidence to establish payment is full shall be upon the person or persons submitting such map for recording.

HISTORY

Adopted by Ord. 684 Sec. 1 on 7/28/1987 16.12.400 Waiver Of Parcel Map

1. Other provisions to the contrary notwithstanding, the requirement that a parcel map be prepared, filed with the county engineer and recorded may be waived providing a finding is made by the planning commission that the proposed subdivision complies with the requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this title and the Subdivision Map Act.

2. In the case of a minor subdivision wherein each resulting parcel has a gross area of not less than forty acres or is not less than a quarter of a quarter section, an applicant for a subdivision pursuant to this section shall file a tentative parcel map pursuant to this chapter together with a written request that the parcel map requirement be waived.

3. Other provisions to the contrary notwithstanding, the requirement that the signature of the holder or beneficial interests under the trust deeds or the trustee under such trust deeds appear on parcel maps is waived and said signatures may be omitted save and except in those situations where there has been a dedication or an offer of dedication in connection with the parcel map.

HISTORY

Adopted by Ord. 429 Sec. 4.8 on 8/24/1976 Amended by Ord. 450 Sec. 1 on 5/17/1977 16.12.410 Minimum Parcel Size

1. Parcels shall have a minimum size of two and one-half acres (exclusive of easement) if the domestic water system and the sewage disposal system is to be developed on the parcel.

2. Parcels shall have a minimum of one acre (exclusive of easement) if the domestic water system or the sewage disposal system is to be developed on the lot where the slope does not exceed fifteen percent. The burden is upon the applicant to show that such system meets the laws and standards of the state and the county.

3. Parcels shall have a minimum size of nine thousand square feet if:

   1. They are within a recognized public or private utility district or a recognized service area which provides both domestic water and a sewage disposal system; or

   2. They provide a system which satisfies the laws and standards of the state and the county relating to domestic water supply and sewage disposal system. The burden is upon the applicant to show that such system meets the laws and standards of the state and county.

HISTORY

Adopted by Ord. 429 Sec. 4.9 on 8/24/1976 Amended by Ord. 462 (part) on 8/16/1977 16.12.420 Mergers

A parcel map may be filed, pursuant to the Subdivision Map Act, Chapter 6, section 66499.20-3/4, for the purpose of merging land previously subdivided and consisting of four or less contiguous parcels under the same ownership. The deputy advisory agency (planning director) is the approval authority for these proposals. The requirement for a parcel map may be waived by the deputy advisory agency upon finding that any

dedications or offers of dedication to be vacated or abandoned are unnecessary for present or prospective public purposes. An instrument evidencing the merger and extinguishing any underlying historic parcels shall be recorded.

HISTORY

Adopted by Ord. 429 Sec. 4.10 on 8/24/1976 Amended by Ord. 920 Sec. II on 5/6/1997 16.12.430 Expiration Of Tentative Maps

An approved or conditionally approved tentative map shall expire at the end of the time period specified in Government Code section 66452.6 and other provisions of state law, provided however, that the planning commission may extend the expiration day up to the time limit for extensions specified in state law after notice is given in the same manner as the original approval.

HISTORY

Adopted by Ord. 576 Sec. 6 on 4/20/1982 Amended by Ord. 911 Sec. II on 1/7/1997 16.14 Gift Deeds (Reserved)

HISTORY

Repealed by Ord. 854 Sec. I on 4/27/1993 16.16 Major Subdivisions - Procedure 16.16.010 Tentative Map--Required 16.16.020 Tentative Map--Conformance To Rules 16.16.030 Grading Plan

1. Any person proposing to create a major subdivision shall file a tentative map pursuant to this chapter. The board of supervisors shall not approve a final map unless prior thereto a tentative map of the subdivision shown thereon has been filed with and reported on by the planning commission.

2. Where a parcel map is authorized for a major subdivision pursuant to the Subdivision Map Act, the county engineer shall not approve such map unless prior thereto a tentative map of the subdivision shown thereon shall have been filed with and reported on by the planning commission.

3. Prior to any final approval of a land division, as provided herein, the applicant shall file with the planning commission a certificate from the county tax collector acknowledging the records of the tax collector's office reflect there are no delinquent or unpaid tax liens against the property, or any part thereof, for unpaid state, county, or local taxes or special assessments not yet payable. The planning commission shall not approve the division until all delinquent and unpaid land assessments have been paid.

HISTORY

Adopted by Ord. 429 Sec. 5.0 on 8/24/1976 Amended by Ord. 446 Sec. 1 (part) on 4/12/1977 16.16.020 Tentative Map--Conformance To Rules

All tentative maps shall be in the form and shall contain and be accompanied by the data specified by the rules and regulations prescribed by the planning commission and approved by the board of supervisors and shall be accompanied by either a negative declaration or a draft environmental impact report prepared in accordance with rules and procedures adopted by the board of supervisors pursuant to the Environmental Quality Act of 1970.

HISTORY

Adopted by Ord. 429 Sec. 5.1 on 8/24/1976 16.16.030 Grading Plan

There shall be filed with each tentative map an approximate grading plan showing any grading proposed for the creation of building sites within the subdivision. In the event no such grading is proposed, a statement to the effect shall be filed with the tentative map.

HISTORY

Adopted by Ord. 429 Sec. 5.2 on 8/24/1976 16.16.040 Planning Department And Planning Commission Duties

1. The planning department is authorized and directed to carry out the following actions:

   1. Accept and review applications for completeness in accordance with provisions of this title and implementing resolutions.

   2. Upon acceptance of the application for processing, the planning department will complete a preliminary staff report and initial study. After consultation with the applicant and affected agencies, staff will finalize recommendations on the project and determine whether a negative declaration should be issued or an environmental impact report be prepared. This would include any agreements to revise project plans or proposals in order to avoid or mitigate potential significant impacts.

   3. If the staff determines a negative declaration should be issued, appropriate findings, and recommendations regarding the approval or denial of the application will be prepared. Staff will complete appropriate forms, and prepare a final report to the planning commission. A hearing will then be scheduled and public notice given for planning commission consideration of the environmental determination and the proposed subdivision.

   4. If the staff determines an environmental impact report should be prepared, the matter shall be scheduled for consideration by the planning commission to confirm the requirements. A notice of preparation shall be prepared and distributed to establish the scope for the document. Upon completion of the environmental impact report in accordance with the county's environmental guidelines, staff will prepare a final report and schedule a noticed public hearing before the planning commission for certification of the environmental impact report and final action on the project.

   5. With completion of all reports and environmental review procedures, a hearing will be scheduled before the planning commission. Public notice will be provided in accordance with the Map Act, and section 17.132 of County Code.

   6. The public hearing will be conducted in accordance with section 17.132 of County Ordinance and Planning Commission Resolution. Commission considerations will include all reports and recommendations from the staff. Testimony from the applicant and public will also be considered.

   7. The commission will act to adopt a negative declaration, or certify the environmental impact report if one was prepared. The planning commission will take final action on the application by approving, conditionally approving, or denying the tentative map.

   8. Action by the planning commission on either the project or the environmental determination is subject to appeal. The filing of appeals and subsequent hearings before the board of supervisors shall be in accordance with County Ordinance section 17.136 and appeals resolution.

2. The planning commission is authorized and directed to carry out the following actions:

   1. Investigate each tentative map filed with it pursuant to this title or the Subdivision Map Act and the improvements proposed to be constructed and installed in or to serve the subdivision and adopt its report with respect to the design and improvements of the subdivision and the kind, nature, and extent of the proposed improvements;

   2. Obtain the recommendations of the planning department with respect to the design of the proposed subdivision;

3. Approve, disapprove, or return for corrections tentative maps filed with it pursuant to this chapter or the Subdivision Map Act; provided, however, that with respect to the following described tentative maps, the planning commission shall not approve any tentative map with respect to which the planning commission has found that one of the following conditions exists:

   1. The site is not physically suitable for the type of development,

   2. The site is not physically suitable for the proposed density of development,

   3. The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat,

   4. The design of the subdivision or the proposed improvements are likely to cause serious public health problems.

   5. The proposed map is not consistent with applicable general and specific plans as specified in Government Code section 65451,

   6. The design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

   7. The design of the subdivision or type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

   8. In any event, the report of the planning commission, together with a copy of any approved tentative map, shall be filed by said commission with the clerk of the board of supervisors. If the report concerns a tentative map with respect to which the planning commission reported its recommendations to the board of supervisors, the board of supervisors shall act upon the report within the time prescribed by the Subdivision Map Act,

   9. Where the planning commission approves a tentative map, it shall prescribe, pursuant to the provisions of this chapter the kind, nature, and extent of the improvements to be constructed or installed in or to serve the subdivisions for which such tentative map is filed; provided, however, where the planning commission does not prescribe the kind, nature, or extent of the improvements to be constructed or installed, improvements shall be constructed and installed pursuant to the Mariposa county standards,

4. Except when a tentative map is one as to which final approval can be given only by the board of supervisors as hereinbefore provided, the actions of the planning commission specified in this section shall fulfill the requirements for approval of tentative maps by the board of supervisors pursuant to the provisions of sections 66426 and 66428 of the Subdivision Map Act; provided, however, no final map shall be filed in the office of the county recorder until such map has been approved by the board of supervisors.

HISTORY

Adopted by Ord. 711 Sec. 4 on 7/12/1988 Amended by Ord. 911 Sec. II on 1/7/1997 16.16.050 Assignment Of Certain Responsibilities To Planning Commission

The responsibilities of the board of supervisors pursuant to sections 66473.5, 66474, 66474.1, and 66474.6 of the Government Code are assigned to the planning commission with respect to those tentative maps which the planning commission is authorized to approve or disapprove.

HISTORY

Adopted by Ord. 429 Sec. 5.4 on 8/24/1976 16.16.060 Modification Of Regulations

Whenever the planning commission finds with respect to a subdivision or after an appeal to the board of supervisors said board finds that the real property to be divided is of such size or shape or is subject to such title limitations of record or is affected by such topographical location or conditions, or is to be devoted to such usage, that it is impossible or impractical in the particular case for the subdivider to conform fully to the requirements of this chapter, the planning commission or the board of supervisors may waive or modify such requirements as it deems reasonably necessary; provided, however, any such waiver or modification shall be in conformity with the spirit and purpose of the Subdivision Map Act and of this title. The planning commission or board of supervisors may waive or modify such requirements upon such reasonable conditions as it deems appropriate.

HISTORY

Adopted by Ord. 429 Sec. 5.5 on 8/24/1976 16.16.070 Appeal To Board Of Supervisors

1. Where the subdivider is dissatisfied with any action of the planning commission with respect to a tentative map, he may appeal to the board of supervisors as provided in section 66452.5 of the Subdivision Map Act. Notice of any hearing by the board of supervisors on any appeal by any subdivider shall be given in the manner provided for in section 16.16.040 for consideration of tentative maps by the planning commission.

2. Any interested person may appeal to the board of supervisors from any decision of the planning commission made relative to the responsibilities assigned to it in section 16.16.040. Any such appellant shall be subject to the same procedural requirements and shall be entitled to the same notice and rights regarding testimony as apply to the subdivider under section 66452.5 of the Government Code.

3. Whenever the board of supervisors holds a hearing on an appeal form the decision of the planning commission and thereafter takes no action because a motion on the item failed to carry by the required vote, the clerk of the board of supervisors shall set the matter for a noticed public hearing de novo if such hearing is requested by the board of supervisors. Such a request must be made within thirty (30) days of the date when the motion on the item failed to carry. If no such request is made within such period, the decision of the planning commission shall be deemed sustained.

HISTORY

Adopted by Ord. 429 Sec. 5.6 on 8/24/1976 16.16.080 Revised Tentative Map

1. Where a subdivider desires to revise or alter a proposed subdivision for which a tentative map has been approved by the planning commission or the board of supervisors, the subdivider may file with the planning commission a revised tentative map on payment of the fees set out pursuant to resolution.

2. A revised tentative map shall conform to the following requirements:

   1. The proposed subdivision shown on such map shall generally conform to the street and lot pattern shown on the approved tentative map.

   2. The proposed subdivision shown on such map shall include only one contiguous area consisting of all or a portion of the subdivision shown on the approved tentative map together with such additional land, if any, as the subdivider desires to include.

   3. The map shall contain all of the information required on tentative maps and shall be accompanied by such data as is required to be filed with tentative maps.

3. A revised tentative map may be filed prior to the expiration of the tentative map by the planning commission or board of supervisors or, if an extension of time is granted, within the period specified.

4. Upon the filing of a revised tentative map and payment of the prescribed fee, such revised tentative map shall be treated in all respects as an original tentative map and shall be reported on approved, or disapproved in the same manner as a tentative map.

5. Nothing in this section shall be construed as a limitation on the power of the board of supervisors or planning commission to approve alteration of a tentative map approved by such board or commission.

HISTORY

Adopted by Ord. 429 Sec. 5.7 on 8/24/1976 Amended by Ord. 576 Sec. 5 on 4/20/1982 16.16.090 Expiration Of Tentative Maps

When approval of the tentative map has been given, the applicant shall have three (3) years in which to submit the tract map. An approved or conditionally approved tentative map shall expire at the end of the time period specified in Government Code section 66452.6 and other provisions of state law, provided however that the planning commission may extend the expiration day up to the time limit for extensions specified in state law after notice is given in the same manner as the original approval.

HISTORY

Adopted by Ord. 576 Sec. 7 on 4/20/1982 Amended by Ord. 911 Sec. II on 1/7/1997 16.20 Major Subdivisions - Requirements 16.20.010 Design Requirements Generally

All major subdivisions shall conform to the following requirements as to design as set forth in this chapter.

HISTORY

Adopted by Ord. 429 Sec. 6.0 on 8/24/1976 16.20.020 Streets And Roads--Grading And Other Improvements

Streets, roads, grading, and other improvements in a proposed major subdivision shall conform to the Mariposa County Improvement Standards adopted August 18, 1970, and addendum to standards pursuant to Government Code section 66462(b) which standards are in the office of the county clerk, county of Mariposa, Mariposa, California.

HISTORY

Adopted by Ord. 429 Sec. 6.1 on 8/24/1976 16.20.025 Street And Roads--Identification Signs

When an easement road is named in accordance with the adopted policy covering easement road naming, identification signs shall be installed in the following locations:

1. Within the subdivision’s boundaries, signs shall be installed at the intersection of every named easement road, county road, state highway, or public road.

2. Any access easement which intersects a county road, state highway, or public road outside of the subdivision’s boundaries shall have an identification sign installed at said intersection. All road identification signs shall be designed, constructed, and installed in accordance with the standards

established by the county road department

HISTORY

Adopted by Ord. 593 Sec. 1 (part) on 12/7/1982 16.20.030 Lots

1. Lots shall have a minimum area of nine (9) thousand square feet and a minimum width at the front building line of sixty-five feet, where the slope does not exceed fifteen percent and where neither the domestic drinking water system or the sewage disposal system is developed on the lot. The planning commission may require lot sizes in excess of the minimum lot size should it find that the slope exceeds fifteen percent.

   1. Parcels shall have a minimum size of one acre (exclusive of easement) if either the domestic water system or the sewage disposal system is to be developed on the lot where the slope does not exceed fifteen percent. The minimum dimension of any lot shall be one hundred feet without a variance from the planning commission pursuant to section 17.120 of County Code. The burden is upon the applicant to show that such system meets the laws and standards of the state and county.

   2. If both the sewage disposal system and the domestic drinking water system are developed on the same lot, then the minimum lot size shall be two and on-half acres (exclusive of easement) where the slope does not exceed fifteen percent. (refer to saections 16.12.350 through 16.12.370.) The minimum dimensions of any lot shall be one hundred feet without a variance from the planning commission pursuant to section 17.120 of County Code.

   3. In either subsections 1, 2, or 3, approval of the sewage and water system shall first be obtained from the Mariposa County health department. There shall be a minimum of one percolation test performed on each lot as described in section 16.12.380.

2. No lot shall be divided by a county, city, or school district boundary line.

3. The side line of lots shall be approximately at right angles to the street line or straight streets or to the tangent on curved streets.

HISTORY

Adopted by Ord. 429 Sec. 6.3 on 8/24/1976 Amended by Ord. 462 (part) on 8/16/1977 Amended by Ord. 911 Sec. II on 1/7/1997 16.20.040 Blocks

1. Blocks more than twelve hundred feet in length may be cause for disapproval of a tentative map.

2. Pedestrian ways at least ten feet wide may be required in long blocks.

HISTORY

Adopted by Ord. 429 Sec. 6.3 on 8/24/1976 16.20.050 Alleys

1. Alleys not less than twenty feet wide shall be provided for all lots classified as and to be used for commercial purposes. Alley intersection shall have a property line radius of not less than ten feet or an equivalent angle.

2. Alleys at the rear of industrial or unlimited multiple residential property shall have special consideration as to design, location, and possible increase width, for the development of the particular use involved.

HISTORY

Adopted by Ord. 429 Sec. 6.4 (part) on 8/24/1976 16.20.060 Front Yard

No buildings (exclusive of eaves) shall be erected closer than:

1. Fifty feet from the centerline of a forty-foot or fifty-foot existing or future local road; or

2. Sixty-five feet from the centerline of a sixty-foot secondary road of a county major highway.

HISTORY

Adopted by Ord. 429 Sec. 6.4 (part) on 8/24/1976 16.20.070 Side Yard

There shall be a side yard of not less than ten feet from the side of a building (exclusive of eaves) to an interior property line. A side yard on a corner lot, abutting a road or highway, shall have the same requirements as the front yard of the lot.

HISTORY

Adopted by Ord. 429 Sec. 6.4 (part) on 8/24/1976 16.20.080 Rear Yard

The depth of the rear yard shall be twenty-five feet, except, wherein a corner lot has a depth of not more than fifty feet, then the depth of the rear yard shall be not less than ten feet. Accessory buildings (exclusive of eaves) may be built to the ten-foot line; however, no permanent structure shall be located in a utility easement.

HISTORY

Adopted by Ord. 429 Sec. 6.4 (part) on 8/24/1976 16.20.090 Fences And Walls

Fences and walls shall not exceed four feet in height in beck of the front property setback line and shall not exceed six feet in height from side property line, except key or corner lots.

HISTORY

Adopted by Ord. 429 Sec. 6.4 (part) on 8/24/1976 16.20.100 Record Of Easements

The final map shall show the centerline data, width, and side lines of all easements to which the lots are subject. If the easement is not definitely located of record, a statement as to the easement shall appear on the title sheet. Easements for storm drains, sewers, and other purposes shall be designated by broken lines. Distances and bearings on the side lines of the lots which are cut by an easement shall be so shown as to indicate clearly the actual lengths of the lot lines. The width of the easement and the lengths and the bearings of the lines thereof and sufficient ties to locate the easement definitely with clearly labeled and identified and if already of record, proper reference to the records given. Easements being dedicated shall be so indicated in the certificate of dedication.

HISTORY

Adopted by Ord. 429 Sec. 6.5 on 8/24/1976 16.20.110 Established Lines

Whenever the county road commissioner has established the centerline of a street or alley, those data shall be considered in making the surveys and in preparing the final map, and all monuments found shall be indicated and proper references made to field books or maps of public record, relating to the monuments. If the points were reset by ties, that fact shall be stated. The final map shall show city boundaries crossing or adjoining the subdivision clearly designated and tied in.

HISTORY

Adopted by Ord. 429 Sec. 6.6 on 8/24/1976 16.20.120 Lot Numbers

The lots shall be numbered consecutively, commencing with the number one, with no omissions or duplications; provided, that where the subdivisions are a continuation of or an addition to an existing subdivision, the lot number may commence with the number immediately following the last or highest number of such existing preceding requirements. Each lot shall be shown entirely on one sheet. Blocks may be used. They shall be numbered or lettered consecutively.

HISTORY

Adopted by Ord. 429 Sec. 6.7 on 8/24/1976 16.20.130 Dedication--Generally

The subdivider shall offer to dedicate right-of-way for streets within the subdivision in accordance with Mariposa County standards.

HISTORY

Adopted by Ord. 429 Sec. 6.8 (A) on 8/24/1976 16.20.140 Dedication--County Standards To Be Met

No final map shall be approved unless the street or streets providing primary access from a county highway or state highway to the subdivision are offered for dedication to the county or, where applicable, to the state or to a countywide service area, as required by the Mariposa County Road Improvement and Circulation Policy. Said street or streets must meet county standard of right-of-way width. Private easements shall be used, unless otherwise requested by the applicant, for rural roads serving less than five (5) parcels and no off-site parcels.

HISTORY

Adopted by Ord. 429 Sec. 6.8 (B) on 8/24/1976 Amended by Ord. 563 Sec. 1 on 5/5/1981 Amended by Ord. 767 Sec. 2 on 3/27/1990 16.20.150 Streets--On Exterior Boundaries

Streets which are proposed on the exterior boundaries of a subdivision shall have a dedicated width of not less than sixty feet together with a strip of land one foot wide on its outer edge which shall be offered to the county for street purposes and over which access rights are relinquished.

HISTORY

Adopted by Ord. 429 Sec. 6.8 (C) on 8/24/1976 Amended by Ord. 462 Sec. 6.8 (C) on 8/16/1977 16.20.160 Streets--Termination At Subdivision Boundary

All streets proposed to be terminated at the subdivision boundary shall include a strip of land one foot wide on its outer edge which shall be offered to the county for street purposes and over which access rights are relinquished.

HISTORY

Adopted by Ord. 429 Sec. 6.8 (D) on 8/24/1976 16.20.170 Streets--Easement Dedications Required When

Where it is necessary to extend a street beyond the boundaries of a subdivision to provide adequate circulation for residents of the subdivision, the subdivider shall cause the required easements to be dedicated to the county and shall improve said easements in accordance with Mariposa County standards.

HISTORY

Adopted by Ord. 429 Sec. 6.8 (E) on 8/24/1976 16.20.180 Drainage Facilities--Dedication Required When

Where a drainage facility or flood control facility is necessary for the use of lot owners or for the protection of lots, adequate rights-of-way for such drainage facilities or flood control facilities shall be offered for dedication to the county or to such other public entities as the planning commission designates and shall be shown on the map.

HISTORY

Adopted by Ord. 429 Sec. 6.8 (F) on 8/24/1976 16.20.190 Drainage Facilities To Be Provided

Drainage facilities and flood control facilities within and without the subdivision shall be provided so as to carry storm runoff both tributary to and originating within the subdivisions.

HISTORY

Adopted by Ord. 429 Sec. 6.8 (G) on 8/24/1976 16.20.200 Land For Parks, Schools And Sanitary Disposal Sites

The subdivider shall offer to dedicate land for park purposes, schools and sanitary disposal sites, pay fees in lieu thereof, or do a combination of both, pursuant to section 66475 et seq. of the California Government Code.

HISTORY

Adopted by Ord. 429 Sec. 6.8 (H) on 8/24/1976 Amended by Ord. 469 Sec. B(60) on 11/15/1977 16.20.210 Road Improvements Required When

1. Whenever a subdivision, subject to the terms of this title, will result in an increased use of any private, public, or county road, street, or highway beyond the capacity of such road, street, or highway; or wherever, by reason of such subdivision, it is necessary or desirable to improve any private, public, or county road, street, or highway to a higher standard in the interest of public safety or in order to accomplish the purpose of this title, the subdivider or subdividers purposing such subdivision may be required, as a condition of approval of such subdivision, to improve any private, public, or county road, street, or highway to county road standards then applicable under this title or any amendment or replacement thereof. Such improvement may include, but shall not necessarily be limited to, any or all of the following:

   1. Payment of cost of acquisition of right-of-way or rights-of-way where any such road, street, or highway is owned wholly or in part by someone other than the subdivider or subdividers;

   2. Dedication of such right-of-way or rights-of-way as may be necessary in order to meet county road standards as to width, grade, or alignment of any such road, street, or highway;

   3. The payment of plan checking fees with regard to acquisition or improvement of any such road, street, or highway;

   4. Posting of performance and labor and material bonds for improving any such road, street, or highway.

2. The county and any subdivider or subdividers may enter into a cooperative agreement for the acquisition or improvement of any such road, street, or highway upon such terms as may be acceptable to the parties. In the event of the refusal or failure of any subdivider or subdividers to meet the county’s requirements in the acquisition or improvement of any such private or public or county road, street, or highway, such refusal or failure may be deemed cause for withholding approval of any tentative or final map filed under the provisions of this title.

HISTORY

Adopted by Ord. 429 Sec. 6.8 (I) on 8/24/1976 16.20.220 Soil Reports

Each subdivider shall cause the preparation of soil reports for every subdivision as defined by this title and by sections 66490 and 66491 of the Subdivision Map Act. Such soil tests shall meet the requirements of the Health and Safety Code, sections 17953--17957 and the following requirements:

1. A preliminary soil report prepared by a civil engineer registered by the state, based upon adequate test borings or excavations shall be presented to the planning commission with the tentative map of any subdivision unless the county engineer or other authorized enforcement agency of the county determines that, due to the knowledge such engineer or agency has as to the soil qualities of the soil of the subdivision or lot, no preliminary analysis is necessary.

2. If the preliminary soil report indicates the presence of critical expansive soils or other soil problems which, if not corrected would lead to structural defects in any building to be constructed, a soil investigation shall take place as to each lot in the subdivision. The soil investigation shall be prepared by a civil engineer who is registered in the state, and shall recommend corrective action which was likely to prevent structural damage to any building proposed to be constructed on the expansive or other problem soil.

3. The county engineer or other enforcement agency charged with the administration and enforcement of this title shall approve the investigation if it is determined that the recommended action is likely to prevent structural damage to each building to be constructed.

4. As a condition to the building permit, the approved recommended action must be incorporated in the construction of each building. No building shall be constructed unless such condition has been inserted in the building permit issued thereof and such condition complied with, or unless the approved recommended action has been complied with in the construction of such building.

5. An appeal may be made to the board of supervisors from any determination or decision made by the county engineer or other authorized enforcement agency regarding the requirements of this section.

HISTORY

Adopted by Ord. 429 Sec. 6.8 (J) on 8/24/1976 16.20.230 Required Improvements

Before approving a final map or a parcel map containing five or more parcels pursuant to the provisions of Government Code section 66426 (b) and (d), the board of supervisors shall require, and before approving a tentative map of a major subdivision, the county engineer shall require:

1. That the subdivider grade and improve or agree to grad and improve all land dedicated or to be dedicated for streets and easements, and all private streets and private easements laid out on a final map or parcel map in such manner and with such improvements as are necessary for the use of the lot owners in the subdivision and local neighborhood traffic and drainage needs, and in accordance with the Mariposa County standards;

2. That the subdivider install or agree to install all drainage and flood control structures and facilities required by the county engineer, which drainage and flood control structures and facilities shall conform to the Mariposa County standards;

3. That reasonable proof of water for a major subdivision, wherein water is proposed to be developed by individual wells, shall be considered to be wells of proven capacity.

4. Proven capacity shall be a well or wells capable of producing one thousand gallons per lot per twelve-hour day for each lot in the proposed subdivision. Proof of production shall be a ten-day, twenty-four-hour test of the well or wells certified by a licensed engineer.

   2. Report of a completed well shall include the following:

      1. Complete chemical analysis as compared to USPHS drinking water standards;

      2. Bacteriological tests.

   3. Where the services of an existing public or private utility are proposed to be utilized, the environmental impact report or negative declaration must address the ability of the utility to serve the subdivision. The applicant shall provide written documentation from the district in the form of a “can and will serve letter” indicating the district has the ability to serve the proposed subdivision and will serve the proposed subdivision.

   4. Where the services of a proposed public utility are to be utilized, the subdivider must demonstrate that an adequate and potable supply of water is available and that a water purveyor’s permit has been applied for. A chemical analysis must be submitted with the tentative map, and a bacterial analysis must be submitted prior to placing the water system in operation;

5. That the subdivider provide all necessary easements and rights-of-way to accommodate all streets, drainage, and flood control structures and facilities and sewer systems extending beyond the boundaries of the subdivision.

HISTORY

Adopted by Ord. 429 Sec. 6.9 (A) on 8/24/1976 Amended by Ord. 462 (part) on 8/16/1977 16.20.232 Action By The Board Of Supervisors

1. Following a determination by the director of public works that the final map is in substantial conformance with the approved tentative, that compliance with all conditions has been completed, and that all other provisions of this title and the government code have been satisfied, the map shall be filed with the clerk of the board of supervisors. The clerk shall schedule the map for consideration by the board of supervisors, at which time the map shall be approved if it is determined to be in conformance with the requirements of this title and the Subdivision Map Act.

2. The board of supervisors shall also consider offers of dedication and easements. Acceptance of such dedications shall be in accordance with the provisions of this title and policies established by the board of supervisors.

   1. Public utility easements shall be accepted on behalf of the county and the public. Acceptance shall be solely for the purpose of permitting development of necessary public utilities, and shall not obligate the county to assume any responsibility or liability related to the easements.

3. Offers of dedication shall be accepted, accepted subject to improvement, or rejected. Offers of dedication for road right-of-way shall be accepted by the county for purposes of access, circulation, and public utility purposes within the subdivision and for use by the public. Roads accepted for access may be accepted into the county road system for maintenance at the direction of the board of supervisors providing it has been constructed to an acceptable improvement standard.

   3. Offers of dedication for road rights-of-way accepted for public access and circulation but not for maintenance, shall not obligate the county to assume any liability or responsibility related to the right-of-way.

   4. Any offers of dedication which are rejected shall remain open and may be accepted at any later date based on specific direction by the board of supervisors.

4. The clerk of the board of supervisors upon the approval of the final map, and after the signatures and seals have been affixed, shall transmit the map to the county recorder who shall certify and file the same as prescribed by this title and the Subdivision Map Act.

HISTORY

Adopted by Ord. 688 on 8/11/1987 16.20.235 Payment Of Taxes

Prior to the recordation of a final map or other document finalizing a subdivision, and as a condition thereof, all real property taxes assessed against any parcel or portion of a parcel set forth on said map, or other document, which at the time the map or other document is recorded are a lien against the property, but which are not yet payable, shall be paid. The burden of producing evidence to establish payment in full shall be upon the person or persons submitting such map for recording.

HISTORY

Adopted by Ord. 684 Sec. 2 on 7/28/1987 16.20.240 Surfacing Of Street--Required When

If the board of supervisors rejects the offer of dedication of streets delineated on the map pursuant to section 66477.1 of the Subdivision Map Act, no surfacing shall be required on any street so rejected by said board; provided, however, this provision shall not be construed as relieving the subdivider of the obligation of:

1. Grading such rejected streets to grades and widths required by the Mariposa County standards;

2. Installing all drainage structures and facilities required by the county engineer and which shall conform to the Mariposa County standards;

3. Installing water supply pipelines, fire hydrants, and connections as may be required by the planning commission or board of supervisors.

HISTORY

Adopted by Ord. 429 Sec. 6.9 (B) on 8/24/1976

Where the planning commission or board of supervisors deter-mines that by reason of the size and shape of the proposed lots, the nature of the terrain to be subdivided, the soil condition of the lots, and the development of the area in the vicinity of the proposed subdivision, a public sewage disposal system serving

the lots will be required to preserve the public health, the board of supervisors shall require the subdivider to install or agree to install a public sewage disposal system or a public sewer system serving the lots as a condition precedent to the approval of any parcel map or final map.

HISTORY

Adopted by Ord. 429 Sec. 6.9 (C) on 8/24/1976 16.20.260 Monuments

1. Every final map shall show the following monuments which shall be set by a licensed surveyor or engineer:

   1. Boundary Monuments. The exterior boundary of the subdivision shall be monumented with permanent monuments not smaller than two-inch iron pipes at least twenty-four inches long set at each corner, at intermediate points along the boundary not more than one thousand feet apart and at the beginning and end points of all curves; provided, if any existing record and identified monument meeting the foregoing requirements is found at any such corner or point, such monument may be used in lieu of a new monument.

   2. Lot Corner Monuments. All lots corners, except when coincident with exterior boundary corners, shall be monumented with permanent monuments of one of the following types:

      1. Three-fourths-inch diameter iron pipe at least eighteen inches long;

      2. One-half-inch diameter steel rod at least twelve inches long;

      3. Lead plug and copper identification disks set in concrete sidewalks or curbs.

   3. Such additional monuments to mark the limiting lines of streets as the county engineer may require.

2. The subdivider shall cause the foregoing monuments to be set by a licensed surveyor or engineer.

3. All monuments and their installation shall conform to the Mariposa County standards.

4. All of the foregoing monuments shall be set prior to the approval of the map by the board of supervisors unless the setting thereof is deferred in accordance with section 66496 of the Subdivision Map Act; provided, however, the setting of exterior boundary monuments shall not be deferred unless the county engineer determines that such monuments might be disturbed by the construction of improvements.

5. Where the setting of monuments is deferred following filing of a final map, such monuments shall be set within thirty days after the completion of the required improvements and the acceptance thereof by the county. The setting of monuments shall not be deferred if a parcel map is filed.

HISTORY

Adopted by Ord. 429 Sec. 6.10 on 8/24/1976 16.20.270 Improvement Security--Required

Any improvement agreement, contact, or act required or authorized by the Subdivision Map Act, for which security is required, shall be secured in the manner provided for in section 66499 of the Subdivision Map Act.

HISTORY

Adopted by Ord. 429 Sec. 6.11 on 8/24/1976 16.20.280 Improvement Security--Amount

1. The improvement security shall be in the amount set forth or authorized in section 66499.3 of the Subdivision Map Act. If the improvement security is other than a bond or bonds furnished by duly authorized corporate surety, an additional amount shall be included as determined by the board of supervisors as necessary to cover the cost and reasonable expenses and fees, including reasonable attorneys' fees, which may be incurred by the county in successfully enforcing the obligation secured.

2. The improvement security shall also secure the faithful performance of any changes or alterations in the work to the extent that such changes or alterations do not exceed ten percent of the original estimated costs of the improvement.

HISTORY

Adopted by Ord. 429 Sec. 6.12 on 8/24/1976 16.20.290 Improvement Security--Release

The improvement security required under this chapter shall be released in the following manner:

1. Security given for faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work subject to the provisions of Subsection B of this section.

2. The county engineer or other designee may release a portion of the security in conjunction with the acceptance of the performance of the act or work as it progresses upon application therefor by the subdivider; provided, however, that no such release shall be for an amount less than fifty percent of the total improvement security given for faithful performance of the act or work and that the security shall not be reduced to an amount less than fifty percent of the total improvement security given for faithful performance until final completion and acceptance of the act or work. In no event shall the county engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the act or work and other obligation imposed by this title, the Subdivision Map Act, or the improvement agreement.

3. Security given to secure payment to the contractor, his subcontractors, and to persons furnishing labor, materials, or equipment, may, six months after the completion and acceptance of the act or work, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the legislative body, plus an amount reasonably determined by the county engineer to be required to assure the performance of any other obligations secured thereby. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

4. No security given for the guaranty or warranty of work shall be released until the expiration of the period thereof.

HISTORY

Adopted by Ord. 429 Sec. 6.13 on 8/24/1976 16.20.300 Reversions

Subdivided real property may be reverted to acreage, pursuant to the Subdivision Map Act, Chapter 6. Proceedings for reversion to acreage may be initiated by the legislative body on its own motion or by petition of all of the owners of record of the real property within the subdivision.

HISTORY

Adopted by Ord. 429 Sec. 6.14 on 8/24/1976 16.24 Fees 16.24.010 Tentative, Parcel And Final Maps

Every person submitting a tentative, parcel, or final map shall pay a processing fee in an amount prescribed by resolution of the board of supervisors passed pursuant to this title.

HISTORY

Adopted by Ord. 429 Sec. 7.0 on 8/24/1976 16.28 Planned Development 16.28.010 Proposed 16.28.020 Intent 16.28.030 Application

A planned development may be proposed for any minor or major subdivision as described in this title.

HISTORY

Adopted by Ord. 429 Sec. 8.0 (A) on 8/24/1976 16.28.020 Intent

A planned development is intended to provide an alternative which can permit and enjoin logical or desirable development and carry out the objective of the general plan by:

1. Permitting the initial development or enlargement of commercial districts in close proximity to residential areas while protecting the character and quality of adjacent residential uses;

2. Permitting commercial developments on lots smaller than county minimums in appropriate locations within commercial land use classification with suitable controls imposed;

3. Permitting clusters of multiple-family developments or single-family dwellings on lots smaller than county minimums in appropriate locations within single-family land use classifications with suitable controls imposed;

4. Providing for the location, under suitable safeguards of desirable types of research and manufacturing uses adjacent to and within commercial or residential uses;

5. Permitting planned developments on a large scale which would include a combination of any two or all of the developments mentioned in this section;

6. Permitting the redevelopment of parcels for residential, commercial, or industrial purposes or any combination thereof, in areas already built upon, but which now have marginal development.

HISTORY

Adopted by Ord. 429 Sec. 8.0 (B) on 8/24/1976 16.28.030 Application

Application for a planned development zone may be filed and processed simultaneously with application for a minor or major subdivision.

HISTORY

Adopted by Ord. 429 Sec. 8.0 (C) on 8/24/1976 16.32 Enforcement And Penalties 16.32.010 Reporting Of Violation 16.32.020 Notice Of Violation

Whenever the county assessor or the head of any other county department finds that the provisions of this title or the Subdivision Map Act have been violated, he shall report such violation to the planning director. It shall be the duty of the planning commission to investigate such report and enforce the provision of this title and the Subdivision Map Act.

HISTORY

Adopted by Ord. 429 Sec. 9.0 on 8/24/1976 Amended by Ord. 911 Sec. II on 1/7/1997 16.32.020 Notice Of Violation

Whenever the planning commission has knowledge that real property has been divided, or has resulted from division, in violation of the provisions of the Subdivision Map Act or county ordinances enacted pursuant thereto applicable at the time such violation occurred, it shall cause to be filed for record with the county recorder a notice of violation, subsequent to complying with Government Code section 66499.36 and rendering its decision by formal resolution. Such notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such real property.

HISTORY

Adopted by Ord. 429 Sec. 9.1 on 8/24/1976 Amended by Ord. 911 Sec. II on 1/7/1997

No person shall convey any parcel or parcels of real property nor shall any permits be issued nor any construction commenced upon property for which a subdivision map is required by this title or the Subdivision Map Act, until such map thereof in full compliance with the provisions of this title and the Subdivision Map Act has been filed for record by the county recorder.

HISTORY

Adopted by Ord. 429 Sec. 9.2 on 8/24/1976 16.32.040 Building Permit Applications To Be Referred To Planning Director

Whenever any person submits an application to the building inspector and/or county sanitarian for a building permit, grading permit, or permit to install a septic tank or well, the building inspector and/or county sanitarian shall refer such application together with the plot plan to the planning director for a determination as to whether such proposed construction would create a subdivision. The building inspector shall not issue any building permit or permit to install for such proposed construction unless the planning director has approved the plot plan and determined that the proposed construction would not constitute a violation of the Subdivision Map Act or this title.

HISTORY

Adopted by Ord. 429 Sec. 9.3 on 8/24/1976 Amended by Ord. 911 Sec. II on 1/7/1997

Upon receipt of a written notification from the permit-issuing authority, or the body authorized to grant approval, that a permit or approval is being sought to develop real property which has been subdivided or which has resulted from a division in violation of the Subdivision Map Act or the Subdivision Map Ordinance, or upon receipt of a written request for a determination from the owner of such real property, the planning director, shall determine whether such real property is or is not approved for development, and shall so inform the owner thereof and the authority or body which has originated said notification. If it is determined that such real property is otherwise approved for development, but for the apparent violation of the Subdivision Map Act and/or Subdivision Ordinance, the planning director shall impose such conditions as specified in section 66499.35 of the Subdivision Map Act that are appropriate to satisfy the requirements of the Subdivision Map Act, the Subdivision Ordinance, public health and safety considerations and other considerations as are hereinafter specified; and upon the completion of all such conditions, the planning director shall cause a certificate of compliance relative to the subject real property and reflecting such conditions to be filed with the county recorder. Notice of an approved certificate of compliance shall be the same as specified by section. 17.08.120.D of County Code.

HISTORY

Adopted by Ord. 429 Sec. 9.4 on 8/24/1976 Amended by Ord. 911 Sec. II on 1/7/1997 16.32.070 Appeal To Planning Commission And Board Of Supervisors

Any interested person may appeal a planning director’s determination to the planning commission and may appeal to the board of supervisors any decision of the planning commission made relative to the provisions of Government Code sections 66473.5, 66474, 66474.1 and 66452.5. Appeal procedures shall be the same as those in section. 17.136 of County Code and the adopted county Appeals Procedures, as amended from time to time.

HISTORY

Adopted by Ord. 429 Sec. 9.6 on 8/24/1976 Amended by Ord. 911 Sec. II on 1/7/1997 16.32.080 Violation--Penalty

Any person violating any provision of this title shall be guilty of a misdemeanor and shall be punishable under Chapter 1.20, the general penalty provisions, of this code.

HISTORY

Adopted by Ord. 429 Sec. 9.7 on 8/24/1976 Amended by Ord. 469 Sec. B (2) on 11/15/1977 16.36 Indemnification Agreements 16.36.010 Purpose 16.36.020 Citation And Authority 16.36.030 Subdivider's Obligation To Defend And Indemnify 16.36.040 County Participation 16.36.050 Form Of Agreement

This chapter is enacted to ensure the taxpayers of the county of Mariposa do not pay legal costs associated with private projects.

HISTORY

Adopted by Ord. 976 on 7/23/2002 16.36.020 Citation And Authority

This section is adopted pursuant to California Government Code sections 66474.9 and 66499.37. .

HISTORY

Adopted by Ord. 976 on 7/23/2002 16.36.030 Subdivider's Obligation To Defend And Indemnify

The county may require, as a condition for a tentative, parcel, or final map application or approval, that the subdivider defend, indemnify, and hold harmless the county or its agents, officers, and employees from any claim, action, or proceeding against the county or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the county concerning a subdivision, which action is brought within the time period provided for in California Government Code section 66499.37. The county shall promptly notify the subdivider of any claim, action, or proceeding and the county shall cooperate fully in the defense. Any requirement for an indemnity agreement may be appealed pursuant to the Mariposa County Appeals Procedure.

HISTORY

Adopted by Ord. 976 on 7/23/2002 Amended by Ord. 1017 on 3/15/2005 Amended by Ord. 1139 on 2/19/2019 16.36.040 County Participation

Nothing contained in this chapter shall prohibit Mariposa county from participating in the defense of any claim, action, or proceeding if Mariposa county bears its own attorney’s fees and costs and Mariposa county defends the action in good faith.

HISTORY

Adopted by Ord. 976 on 7/23/2002 Amended by Ord. 1139 on 2/19/2019 16.36.050 Form Of Agreement

The indemnification agreement shall be executed on a form approved as to legal form by Mariposa county counsel.

HISTORY

Adopted by Ord. 1139 on 2/19/2019