§ 17.12

A.

The planning commission may waive the filing of a parcel map for record in accordance with [Government Code] Sections 66428 and 66428.1. All requests for the waiver of a parcel map shall be accompanied by a tentative parcel map which shows the full parcel and divisions requested with adequate dimensions and other information as may be required by the planning department to adequately address the request for waiver. In deciding to waive the filing of a parcel map the planning commission shall specifically find that:

1.

The proposed land division complies with all development standards and all other county standards and requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads and access, sanitary disposal facilities, water supply availability, environmental protection and

all other requirements of the Map Act, this chapter and that no public interest would be served by the filing of a parcel map.

2.

The waiver map creates parcels of not less than 40 acres of gross acreage or a quarter of a quarter section.

B.

In waiving the filing of a parcel map, the planning commission may annex reasonable conditions thereto.

C.

A parcel map may also be waived if, through merger with adjacent parcels, the division does not result in the creation of any additional parcels, but instead results in a boundary adjustment.

D.

A waiver of the filing of a parcel map shall not be approved if:

1.

The project site has previously been surveyed.

2.

There are surveyed lands within a one-half-mile radius of the project boundaries.

E.

Whenever the planning commission approves a waiver of recordation of a parcel map, the director shall cause to be recorded with the county recorder a certificate of compliance. If conditions are added thereto, the director shall not record such certificate of compliance until the conditions have been complied with.

F.

Appeal Procedures. When any person is dissatisfied with any action taken by the planning commission relative to the waiver of a parcel map, he may appeal such action to the board of supervisors. Appeals shall be taken by filing with the director within 15 days of notification to the applicant of the action taken by the commission, a notice of appeal and a statement of the grounds therefore. The board of supervisors shall consider the matter no later than its second regular meeting from the date of the filing of the notice of appeal. At such time as the matter comes before the board, the board may take it under submission and render a decision at its next ensuing meeting.

G.

Whenever a waiver of the filing of a tentative map is requested by a governmental agency, public utility, or subsidiary of a public utility, pursuant to Government Code Section 66428(a)(2), said request must include a narrative description of the purpose for the requested waiver. An exhibit detailing the proposed division and any appropriate filing fees, if such fee is established, shall also be submitted at the time of application

tentative map is requested by a governmental agency, public utility, or subsidiary of a public utility, pursuant to Government Code Section 66428(a)(2), said request must include a narrative description of the purpose for the requested waiver. An exhibit detailing the proposed division and any appropriate filing fees, if such fee is established, shall also be submitted at the time of application

submittal. Upon approval of such waiver, by the director in consultation with the road department, the county fire department and other departments as determined by the director, a record of survey shall be recorded at such time that the transfer of property ownership is recorded. If the director refers the request to the advisory agency and the advisory agency makes a finding that substantial evidence exists to make recording of a parcel map desirable, a parcel map in lieu of a record of survey shall be recorded.

(Ord. No. 355, Exh. A, 9-12-2017)

17.12.020 - Filing of maps.

A.

All tentative maps and vesting tentative maps expire 24 months from the date of approval unless an extension of time is granted by the planning commission. For a final map or parcel map, a tracing and five legible prints of the map in the required form, any agreements and security required under sections 17.16.040, 17.16.050, 17.16.060 and 17.16.070, and any other evidence necessary to establish that all conditions of approval of the tentative map or vesting tentative map are satisfied shall be filed in the road department prior to expiration of the tentative map or vesting tentative map.

B.

At the time of filing, map checking fees shall have been paid to the road department. The fee for recording a final or parcel map and any related documents shall be deposited with the road department prior to recordation.

(Ord. No. 355, Exh. A, 9-12-2017)

17.12.030 - Review—Approval procedures.

A.

The department and the road department shall review each parcel map or final map submitted for recordation and any related documents. Upon determining that a parcel map or final map substantially conforms to the approved tentative map or vesting tentative map and that all conditions of approval are satisfied, the director of the road department, or his designee, shall make a determination that the map substantially conforms to the approved tentative map and consistent with Government Code Section 66462 relative to public improvements. A parcel map shall be filed for record by the road department. A final map shall be filed with the clerk of the board of supervisors and the director of road department shall recommend approval, conditional approval or disapproval to the board of supervisors.

B.

Any final map or parcel map which fails to meet the requirements of the Map Act, this chapter or the development standards may be approved when such failure of the map is a result of a technical and inadvertent error that the director and the director of the road department determine does not materially effect the validity of the map.

C.

If a map is determined not to substantially conform to the approved or conditionally approved tentative map or vesting tentative map, the map shall be returned to the applicant, or his agent, who shall be advised of deficiencies in the map. No final map for a land project shall be approved unless a specific plan for the area proposed to be included within the land project has been adopted and the board of supervisors finds that the proposed land project, together with provisions for its design and improvement, is consistent with that plan.

(Ord. No. 355, Exh. A, 9-12-2017)

Approval of a final map shall not be postponed or refused if off-site improvements on land not owned by the subdivider are not constructed or installed, to meet a tentative map condition in accordance with Government Code Section 66462.5, so long as the subdivider has satisfied all of the following requirements:

A.

Prior to approval of the subdivision improvement plan by the director of road department for any improvements required off-site, the subdivider shall either acquire sufficient title or interest in the off-site land to allow the improvements to be made as required by the condition of approval or request, in writing to the director of the road department, that the county initiate eminent domain proceedings to acquire the lands needed for off-site improvements.

B.

The subdivider shall bear all costs for such eminent domain proceedings that may be initiated pursuant to this section, including but not limited to attorneys' fees, court costs, and land cost(s). Accordingly, prior to recordation of the map, the subdivider shall either (1) provide the county with adequate evidence that he or she has acquired sufficient title or interest in the off-site land to allow the required improvements to be made, and enter into an agreement obligating the subdivider to complete the off-site improvements; or (2) enter into an agreement obligating the subdivider to perform the required off-site improvements upon county acquisition of the affected land. Additionally, the subdivider shall provide adequate security to the county to insure performance of the subdivider's improvement and eminent domain proceeding cost obligations, as required by this section.

C.

The security required by this section shall be in the form of a letter of credit, bond, promissory note secured by deed of trust, or other type of security as determined by the director of the road department, and the amount of the security shall be equal to the estimated total cost of the eminent domain proceedings to the county as determined by the director of road department.

(Ord. No. 355, Exh. A, 9-12-2017)

17.12.040 - Conditions—Notations on map.

The director shall cause appropriate conditions or notations to be written or printed on the final or parcel map attachment sheet when the planning commission or board of supervisors has so directed. If the director or the director of road department determines that a notation on any final or parcel map attachment sheet is necessary or desirable to protect the public interest with respect to the proposed land division, the director or the director of the road department shall, with the concurrence of the county counsel, make such notation.

(Ord. No. 355, Exh. A, 9-12-2017)

A certificate of ownership consenting to the preparation and recordation of a final map, parcel map or waiver of parcel map, shall be signed by all record title owners of property proposed for division by final map, parcel map or pursuant to a waiver of parcel map. The certificate and all dedications or offers of dedication shall appear on the face of the parcel map or final map or be attached as an exhibit to the map or waiver of parcel map, or appear on separate instruments recorded concurrently with the map or notice.

(Ord. No. 355, Exh. A, 9-12-2017)

If a soils investigation report has been prepared, the fact that the report has been made, the name and registration number of the engineer who prepared it and the date of the report shall be noted on the face of the final map. Approval of the final map does not constitute approval of the preliminary soils report, soils investigation report or the engineer's true statement of soil conditions.

(Ord. No. 355, Exh. A, 9-12-2017)

A final map or parcel map may be reverted to acreage by the board of supervisors pursuant to Government Code Section 66499.11 and following. In addition, a parcel map may be recorded pursuant to Government Code Section 66499.20-1/4 for the purpose of reverting to acreage land previously subdivided and consisting of four or less contiguous parcels under the same ownership.

(Ord. No. 355, Exh. A, 9-12-2017)

Subdivided lands may be merged and re-subdivided without reverting to acreage pursuant to provisions of Government Code Section 66499.20-1/2.

(Ord. No. 355, Exh. A, 9-12-2017)

A recorded final map or parcel map or the conditions applied to it may be modified as provided in Government Code Sections 66469 through 66472.1.

(Ord. No. 355, Exh. A, 9-12-2017)

Chapter 17.13 - FILING OF VESTING TENTATIVE MAPS