Mendocino County Municipal Code Art. IV Specific Procedures for Processing a Parcel Division

The following procedure shall be used to accomplish, and shall apply to, any division of land defined as a parcel division in Article II of this Chapter.

(A) In-Lieu Procedure for 160-Acre Lots. The procedure required by Article V of this Chapter for the processing and approval of "minor divisions" may be used in lieu of the procedure set forth in Article IV for the processing and approval of any parcel division in which each lot or parcel created has a minimum gross area of one hundred sixty (160) acres or more or each of which is a quarter section or larger as determined by government survey, such a parcel division to be deemed included within the meaning of the term "minor division" wherever used in Article V.

(Ord. No. 1078, adopted 1973.)

The initial action in connection with the making of a parcel division shall be the preparation and submission of a tentative map. The map shall be prepared in conformance with the provisions of this Section and shall comply with the General Subdivision Regulations and Provisions as contained in Article VI of this Chapter.

(A) Form. The tentative map shall be clearly and legibly drawn. The minimum sheet size shall be eighteen (18) inches by twenty-six (26) inches. The minimum scale shall be one (1) inch equals one hundred (100) feet unless otherwise approved by the Director of Planning and Building Services, except that the scale may be increased to one (1) inch equals two hundred (200) feet for a proposed division of land creating parcels each with a gross area of twenty (20) acres or more.

(B) Content. A tentative map shall contain the information required by paragraph 17-41(B) of this Chapter with the following exceptions:

(1) The proposed division of land need not be given a distinctive tract name.

(2) The contour interval may be increased to twenty-five (25) feet when the proposed division of land will create parcels each with a gross area of twenty (20) acres or more.

(C) Accompanying Statement. The statements and information required by paragraph 17-41(c) of this Chapter shall be submitted with the tentative map.

(D) Accompanying Documents. The documents required by paragraph 17-41(D) of this Chapter shall be submitted with the tentative map.

(E) Filing. The provisions of paragraph 17-41(E) and (F) of this Chapter shall apply with the following exception:

(1) Ten (10) print and one reproducible copy of a tentative map, are to be submitted to the Director of Planning.

(F) Processing. The provisions of paragraph 17-41(G) and (H) of this Chapter shall apply.

(G) Consideration by Planning Commission. The provisions of paragraph 17-41(I) of this Chapter shall apply.

(H) Reasons for Disapproval. The provisions of paragraphs 17-41(J) and (K) of this Chapter shall be applicable to the Planning Commission's consideration of a tentative map of a parcel division.

(I) Action by Planning Commission. The provisions of paragraphs 17-41(K) and (L) of this Chapter shall apply to all parcel divisions.

(J) Withdrawing Approved Tentative Map. The provisions of paragraph 17-41(M) of this Chapter shall apply.

(K) Refiling Disapproved Map. The provisions of paragraph 17-41(N) of this chapter shall apply.

(L) Modifying Conditions of Approval. The provisions of paragraph 17-41(O) of this Chapter shall apply to all parcel subdivisions.

(Ord. No. 1511, adopted 1975; Ord. No. 4001 (part), adopted 1998.)

Within twenty-four (24) months after approval or conditional approval of the tentative map or maps, the subdivider may cause the subdivision or any part thereof to be surveyed and a parcel map to be prepared for filing with the County Recorder in accordance with the tentative map as approved, or conditionally approved. All required streets and easements necessary to serve any such part shall be provided for, on or with the parcel map.

(As amended by Ord. No. 3526, adopted 1984.)

(A) Upon application of the subdivider prior to the expiration of the twenty-four (24) month period, an extension or extensions of time to file with the Recorder the parcel map may be granted by the Planning Commission. The period of any such single extension shall not exceed eighteen (18) months and the sum total of all extensions shall not exceed thirty-six (36) months. Application for such an extension shall be submitted to the Planning and Building Services Department at least forty-five (45) days prior to the expiration date and shall be accompanied by the required fee. (As amended by Ord. No. 1835, adopted 1977, as amended by Ord. No. 3526, adopted 1984.)

(B) Failure to File. Any failure to file with the County Recorder a parcel map within twenty-four (24) months from the approval or conditional approval of the tentative map, or within any extension granted by the Planning Commission, shall terminate all proceedings. Before a parcel map may thereafter be recorded, a new tentative map shall be submitted. (As amended by Ord. No. 3526, adopted 1984.)

(C) Form. The parcel map shall conform with the provisions of the Map Act and the following:

(1) Every sheet comprising the parcel map shall contain the scale, north point, legend, the particular number of the sheet and the total number of sheets comprising the map, and a number assigned to the map by the County Surveyor by which the map is to be referred to. Below the number shall appear a general description of all the property being divided by reference to recorded deeds or to maps which have been previously filed or by reference to the plat of a United States Survey. Reference to recorded documents in the description must be worded identically with original records and reference to book and page of record must be complete. The basis of bearing for the survey shall be clearly noted.

(2) The parcel map shall be prepared at a scale large enough to show all details clearly. Minimum scale, unless otherwise approved by the County Surveyor, shall be one (1) inch equals one hundred (100) feet except that it may be increased to one (1) inch equals two hundred (200) feet when the division of land creates parcels each with a gross area of twenty (20) acres or more.

(3) If more than two (2) sheets are necessary for the parcel map, a key or index map shall appear on the first sheet.

(4) A location map, at a scale not to exceed one (1) inch equals two thousand (2,000) feet shall appear on the first sheet. Said map shall indicate the location of the division of land in relation to major topographical features in the area and government surveys.

(5) Each parcel shall be shown in its entirety on at least one sheet of the parcel map.

(Ord. No. 1220, adopted 1974.)

(6) The exterior boundary of the subdivision shall be indicated by a distinctive symbol consisting of a partially opaque solid blue line.

(Ord. No. 1443, adopted 1975.)

(7) Any parcel having a gross area of less than five (5) acres shall be surveyed and shall have monuments set in accordance with this chapter.

(Ord. No. 1443, adopted 1975.)

(D) DATA REQUIRED. The parcel map shall show all data required by paragraph 17-43(D) of this Chapter.

(E) CERTIFICATES AND ACKNOWLEDGEMENTS REQUIRED. All certificates and acknowledgements required by law shall appear on the parcel map in addition to the following:

(1) A certificate for execution by the Director of Planning verifying that the parcel map conforms to the approved tentative map and the conditions of approval thereof.

(2) A certificate executed by the person responsible for the preparation of the parcel map, reflecting the accuracy of the survey and that all survey work was performed to a minimum accuracy of one in five thousand.

(F) OTHER DATA REQUIRED. The following data shall accompany the parcel map when submitted to the County Surveyor for checking:

(1) A traverse sheet or sheets in a form approved by the County Surveyor, prepared by a registered Civil Engineer or Licensed Surveyor, showing a mathematical closure of the boundary of the Division of land, lots or parcels, and center lines of the streets therein.

(2) A preliminary title report issued within sixty (60) days of submission to the County Surveyor.

(Ord. No. 1220, adopted 1974.)

(3) Parcel Map filing fee as prescribed by this Chapter.

(4) If required two copies of a Final Soils Report or Geological Hazards Report.

(5) When utility easements have been required as a condition of approval of the tentative map, or when the land to be divided is subject to existing public utility easements, a letter from each of the affected utility companies indicating their satisfaction with the easements as shown on the parcel map.

(Ord. No. 1433, adopted 1975.)

(6) Recorder's filing fee by check or money order made payable to the Mendocino County Recorder.

(7) All documents of conveyance required as a condition of approval.

(8) When approval of the tentative map was conditioned upon the approval of a government agency or official, a statement of a responsible official of such agency stating that those conditions for which he is responsible to review have been complied with to his satisfaction or have been provided for under the terms of an acceptable subdivision improvement agreement secured by appropriate surety as prescribed by State Law.

(Ord. No. 3089, adopted 1978.)

(9) A certificate from the Mendocino County Tax Collector showing that, according to the records of his office, there are no liens against the parcel division or any part thereof for unpaid state, county, municipal, or local taxes or special assessments collected as taxes, except taxes or special assessments not yet payable.

(10) A certificate submitted by the subdivider and executed by each proper officer giving his estimate of the amount of taxes and assessments which are a lien against the parcel division or any part there of but which are not yet payable.

(G) SUBMISSION, PROCESSING, AND FILING OF A PARCEL MAP.

(1) The parcel map, together with all required data, shall be submitted to the County Surveyor. The parcel map shall be considered submitted when it is complete and complies with all provisions of this chapter and state law.

(Ord. No. 1433, adopted 1975.)

(2) If there is no dedication or offer of dedication required on the parcel map, the following procedure shall apply: Within twenty (20) days of receipt of the parcel map and accompanying data, the County Surveyor shall determine whether or not all provisions of this chapter and applicable state law have been complied with and that said map is technically correct. If the County Surveyor shall determine that said map is technically correct, and conforms to the provisions of this chapter and state law, he shall execute the County Surveyor's certificate on said map and shall transmit the parcel map to the office of the County Recorder for Filing. If the County Surveyor determines that the parcel map does not conform as required above, he shall afford the opportunity to the subdivider to make the necessary changes and resubmit the parcel map, together with all required data. If improvements required under the terms of this Chapter or by law have not been completed, the Board of Supervisors may provide for such improvements by approving an agreement with the subdivider posting a bond, instrument of credit, or cash deposit as provided herein.

(Ord. No. 3089, adopted 1978.)

(3) If a dedication or offer of dedication is required on the parcel map, the following procedure shall apply: Within twenty (20) days of receipt of the parcel map and accompanying data, the County Surveyor shall determine whether or not all provisions of this chapter and applicable state law have been complied with and that said map is technically correct. If the County Surveyor shall determine that said map is technically correct and conforms to the provisions of this chapter and state law, he shall execute the County Surveyor's certificate on said map and transmit the parcel map to the Board of Supervisors. If the County Surveyor determines that the parcel map does not conform as required above, he shall afford the opportunity to the subdivider to make the necessary changes and resubmit the parcel map, together with all required data. The Board of Supervisors at its next meeting, or within ten (10) days after the presentation of the parcel map by the County Surveyor, shall consider said map and accept, subject to improvement, or reject with or without prejudice any or all offers of dedication. If improvements required under the terms of this chapter or by law have not been completed, the Board of Supervisors may provide for such improvements by approving an agreement with the subdivider for posting a bond, instrument of credit, or cash deposit as provided herein. The Clerk of the Board of Supervisors, after action by the Board of Supervisors and after signatures and seals have been affixed, shall transmit immediately the parcel map to the office of the County Recorder for filing.

(Ord. No. 1433, adopted 1975, as amended by Ord. No. 2032, adopted 1977.)

(H) No parcel map shall have any force or effect until it has been filed with the County Recorder. The parcel map shall be filed prior to the sale, lease, or financing of any of the parcels shown thereon. Any deed of conveyance, sale, or contract to sell made contrary to the provisions of this chapter is voidable to the extent and in the same manner as provided in Section 66499.32 of the Map Act.

(Ord. No. 1433, adopted 1975.)

(I) A copy of the parcel map as approved and recorded shall be provided by the subdivider in advance without charge to every person or other entity which purchases, or otherwise obtains an interest in, all or any portion of the property shown thereon.

(Ord. No. 1220, adopted 1974.)