§ 17.20

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 Title 17 of the Merced County Code. Except as otherwise set forth in the provisions of this chapter, the provisions in other chapters of this code 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. (Ord. 1205, 1986)

A "Vesting tentative map" - As Listed in Section 17.04.030

• A. Consistency.

  1. No vesting tentative map application shall be accepted as complete for any purpose which is inconsistent with the Merced County General Plan and any applicable specific plan.

  2. An application for a vesting tentative map shall be denied and no land shall be subdivided or developed pursuant to a vesting tentative map for any purpose which is not permitted by any applicable provisions of the Merced County Code, including but not limited to the Zoning Ordinance (code) except Zoning may be conditioned pursuant to Government Code §864498.3 and other adopted ordinances that regulate flooding, drainage, roads, curbs, gutters, sidewalks, airports, water, and sewer systems, and visibility. In the event a vesting tentative map is conditioned because zoning is inconsistent, it is the intent that vesting for the purposes of commencing construction shall occur on the date the consistent zoning ordinance is effective. Vesting for any other purposes shall be the same date unless said date is contrary to state law; then such vesting shall be in accordance with state law.

• B. This chapter shall apply to all developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this Title, requires the filing of a Tentative Subdivision Map or Tentative Parcel Map for development, a Vesting Tentative Map may instead be filed in accordance with the provisions hereof.

• C. If a subdivider does not seek the rights conferred by this chapter, the filing of a Vesting Tentative Map shall not be a requirement for any other approval.

• D. Extensions and/or Amendments to Vesting Tentative Maps.

  1. Extensions: Approval of the subdivision application by the Planning Commission is in fact approval of the Vesting Tentative Map for a two year period. Written requests for extension of the tentative map for a period or periods up to three additional years must be submitted to the Planning Department prior to any expiration dates, or as

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Merced County, CA

MERCED COUNTY CODE

§ 17.20.030

§ 17.20.040

otherwise provided for in the Subdivision Map Act. The extension may be approved by the Planning Commission at a public hearing. Said hearing shall be conducted in the same manner as required for the original approval of the tentative map.

2. Amendments to tentative maps and associated conditions shall be considered by the Planning Commission at a public hearing. Said hearing shall be conducted in the same manner as required for the original approval of the tentative maps.

(Ord. 1277, 1988; Ord. 1205, 1986)

• A. The filing and processing of vesting tentative maps shall conform to the provisions of this section. The distinction made between a tentative "major" subdivision map and a tentative "minor" or "parcel" in Chapters 17.08 and 17.12 shall not apply to Vesting Tentative Maps. All tentative maps resulting in the filing of a Final Map or a Parcel Map for which the rights conferred by this Chapter are sought shall be filed and processed under the provisions contained herein.

• B. Application Filing Requirements.

  1. Any subdivider intending to divide land to create a subdivision for which the rights of the Vesting Tentative Map Statute is sought shall first file a subdivision application with the Planning Department.

  2. The Vesting Tentative Map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor in conformance with Section 17.20.050.

  3. Upon filing a Vesting Tentative Map, the subdivider shall pay the fees required by the Board of Supervisors Resolution for the filing and processing of a Vesting Tentative Map.

  4. The applicant shall provide at least eight copies of a Vesting Tentative Map conforming to Section 17.20.050 with each application. The Director may require the applicant to provide additional copies of such maps when he or she determines they are needed for processing.

  5. The applicant shall provide the additional documents and information described in Section 17.20.050G.

  6. The applicant shall provide one copy of a completed environmental information form together with required attachments, unless waived by the Planning Department.

  7. The applicant shall provide such additional information determined to be needed by the Director.

• C. Application Processing Outline.

  1. A Vesting Tentative Map application together with associated maps and documents shall be processed as per the following listed steps and order:

     • a. Application package is filed with Planning Department.

     • b. Application package is subjected to initial review by Planning Department staff.

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Merced County, CA

SUBDIVISIONS

§ 17.20.040

§ 17.20.050

  - c. Application package is reviewed by the Planning Department to determine completeness and formal acceptance. 

  - d. Application is scheduled for a public hearing and the hearing is held before the Planning Commission in order to make recommendations and findings and approve, disapprove or modify the application. 

2. Approval of the subdivision application by the Planning Commission is in fact approval of the Vesting Tentative Map for a two year period. Written requests for extensions for a period or periods of up to three additional years must be submitted to the Planning Department prior to any expiration date, or as otherwise provided for in the Subdivision Map Act.

• D. Vesting Map Amendments.

1. Anytime prior to the expiration of a vesting tentative map for which a final map or parcel map has been recorded, an amendment may be processed under the provisions of Section 17.04.055 and of Section 66469 through66471.2 of the Government Code. The length of the vesting period shall not be affected by such an amendment.

(Ord. 1277 § 3, 1988)

• A. A "Vesting Tentative Map" is a map which is required to be prepared for the purpose of showing the design and improvement of a proposed subdivision, and to also show the existing conditions in and around such proposed subdivision. A "Vesting Tentative Map" need not be based upon an accurate or detailed field survey of the property to be subdivided, but shall be of the form and contain the information as required by this section.

• B. At the time a "Vesting Tentative Map" is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map."

• C. Size and Scale.

  1. A "Vesting Tentative Map" shall be eighteen inches by twenty-six inches (18″ x 26″) minimum in size and to a scale which clearly and legibly depicts the proposed subdivision.

• D. Requirements.

  1. Every "Vesting Tentative Map" shall be clearly and legibly drawn and contain not less than the following:

     • a. A location map on which shall be shown the general area surrounding the proposed subdivision.

     • b. The subdivision name, date, north arrow, scale, and sufficient legal description to define the location and boundaries of the proposed subdivision.

     • c. Approximate acreage and boundary lines of the subdivision.

     • d. Contours at an interval that will clearly show the general slope of the land, and the high and low points thereof.

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Merced County, CA § 17.20.050

MERCED COUNTY CODE

§ 17.20.050

• e. Location, width, proposed names of all streets within the boundaries of the subdivision and approximate radii of all curves and the approximate grade of any street or part thereof having a grade of more than 6%.

• f. Location, width and use designation of all existing and proposed easements, as well as locations and size of all existing and proposed utilities.

• g. Method and location of proposed and existing sewage disposal systems; proposed and existing sources and/or locations of water supply systems; projected construction materials; and location of storm water disposal including indication of direction of flow.

• h. Location and character of use of all existing and proposed public open space within the boundaries of the subdivision.

• i. Existing use and ownership of land immediately adjacent to the subdivision.

• j. The locations, names, and widths of all existing roads, streets, highways, easements, railroads, streams, creeks, canals, or other water conveyance facilities in and immediately adjacent to the subdivision.

• k. Location by outline of all existing buildings and structures, and the location of trees within the boundaries of the subdivision as well as any water or sewage systems within 100 feet of the project boundaries.

• l. Proposed public improvements and elevations of sewer at proposed connection points.

• m. Classification of lots as to intended uses.

• n. Lot layout, approximate dimensions and area in square feet of each irregular lot and typical standard lot and designate each lot by number.

• o. Each phase should be identified by boundary and number, or a note shall be on the Vesting Tentative Map stating that the applicant intends to file multiple Final Maps.

• p. If in a flood zone, identify said zone by official classification designation and identify all areas subject to inundation by storm water overflow, the location, width and direction of flow of all water courses.

• q. If in a noise zone exceeding 65 dBA LDN, identify various noise zones and noise levels as shown in the officially adopted Merced County General Plan.

• r. Indicate the zoning designation of the property to be subdivided.

• s. A "can and will serve" letter from the water and sewer district or agency providing such service must be submitted.

• t. If deviating from the design requirements of Section 17.04.050, then submit a written explanation of how the subdivision design will fulfill the goals of this code to a degree comparable to that which would have been achieved by adhering to the design requirements.

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Merced County, CA

SUBDIVISIONS

§ 17.20.050

§ 17.20.060

• E. The requirements set forth in Subsection 17.20.050 D-1.a. through q. shall be shown on the map. When any of these requirements cannot be shown, a statement shall be placed on the map that addresses the requirement in sufficient detail to identify the substance of said requirement.

• F. Additional Application Information.

  1. At the time a Vesting Tentative Map is filed, a subdivider shall also supply the following information if determined necessary by the Planning Director:

     • a. Approximate height, size and location of proposed buildings.

     • b. Preliminary grading details.

     • c. Geological studies of earthquake potential and slope stability.

     • d. Architectural plans.

     • e. For developments utilizing onsite septic systems, a percolation test according to the Minimum Design Standards for onsite sewage disposal systems.

     • f. A soils report complete with "r" value, multiple soils boring profiles, a water table elevation history, soil pH test and resistivity test results, and when percolation basin is proposed, a percolation test in accordance with the Department of Public Works policies.

• (Ord. 1277, 1988; Ord. 1205, 1986)

• A. 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 date the Planning Department has determined that the application is complete.

However, if Section 66474.2 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.

• B. Not withstanding 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.

• C. The rights referred to herein shall expire if a Final Map or Parcel Map is not approved prior to the expiration of the vesting tentative map as provided in Section 17.20.040C-2. If the Final Map or parcel map is recorded, these rights shall last for the following period of time:

  1. An initial time period of one year.

  2. Where several Final Maps are recorded on various phases of a project covered by a

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Merced County, CA § 17.20.060

MERCED COUNTY CODE

3. The initial time period set forth in Paragraph C1 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 30 days from the date a complete application is filed.

   4. A subdivider may apply for a one year extension at any time before the initial time period set forth in Paragraph C1 above expires.

   5. If the subdivider submits a complete application for a building permit during the periods of time specified in Subsection 1-4, the rights referred to herein shall continue until the expiration of that permit, or any ex-tension of that permit.

• D. Fees. Only the fees in effect at the time of filing a Vesting Tentative Map application shall be applicable for any subsequent permits, provided that the rate of the fee charged may be subject to change.

• (Ord. 1205, 1986)

The filing of a Final Map or Parcel Map for which a Vesting Tentative Map was approved shall conform to the same requirements spelled out in Chapters 17.08 and 17.12 in addition to the provisions of this Chapter.

(Ord. 1205, 1986)

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Merced County, CA

SUBDIVISIONS

§ 17.40.010

§ 17.40.030

CHAPTER 17.40 COUNTY SURVEYOR'S FEES