Mono County Municipal Code Ch. 17.36 Land Divisions

A. This chapter shall apply to any land division in the county as defined in this section.

B. "Land division" refers to any real property, improved or unimproved, shown on the latest equalized county assessment roll as a unit or contiguous units under one ownership which is divided for the purpose of sale, lease or financing, whether immediate or future, by any person, into two or more parcels, provided the property division does not constitute a subdivision as defined in Section 66424 et seq. of the Government Code.

C. County general plan, specific plans and zoning ordinances shall include any plans and zoning ordinances now in force and such other plans or alterations as may be adopted.

D. Land division does not include the following:

1. Any division of land which conforms in all respects to a subdivision of record, endorsed by the commission and approved by the board, duly recorded and on file with the county recorder as a public record established pursuant to the State Subdivision Map Act and Chapters 17.12 through 17.32;

2. Any division of land which is created by action of a body having the power of eminent domain;

3. Any sale of mineral, oil or gas rights;

4. Land dedicated for cemetery purposes under the Health and Safety Code of the state;

5. The conveyance, transfer, creation or establishment of an easement for roadway, sewer, water, gas, electricity and telephone service or similar purposes.

E. Land division does not include the following, providing the advisory agency grants a waiver pursuant to Section 17.36.020; however, the recording of a parcel map is required:

1. The conveyance of land or transfer of lands made or required by court decree or the interstate or testamentary disposition of land;

2. Any conveyance or transfer of land in which the parcel created is completely utilized to increase the area of a contiguous ownership or parcel, without creating a new or additional building site;

3. The combining of several small parcels into a lesser number of parcels, providing that if two or more parcels remain, all parcels meet the development standards of the existing or probable zoning district.

(Ord. 83-446-K § 1, 1983; Ord. 81-493 §§ 30, 33, 1981; Ord. 73-446 Art. III § 1, 1974.)

A waiver exempting subsection E of Section 17.36.010 from the definition of land division by the commission may be granted providing that the advisory agency makes the finding that the proposed division of land complies with 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 chapter and local ordinances which are applicable to division of land pursuant to subdivision (B) or subdivision (C)(4) of Section 11535 of the Business and Professions Code.

(Ord. 81-493 § 34, 1981; Ord. 73-446 Art. III § 2, 1974.)

The environmental impact of all activities regulated by the provisions of this title and of the Subdivision Map Act (Government Code Section 66410 et seq.) shall be reviewed and taken into account in the regulation of such activities, as provided by Chapter 16.04 of this code.

(Ord. 81-493 § 35, 1981; Ord. 73-446 Art. III § 3, 1974.)

The land development technical advisory committee described in Section 19.01.700 of the Mono County Code, which is sometimes also referred to in this chapter as the "land division review committee," shall provide technical advice upon request to decision-makers regarding proposed land divisions and perform such other tasks as may be required by this chapter.

(Ord. 98-03 § 5, 1998: Ord. 73-446 Art. III § 4, 1974.)

A. The application for a land division shall be on forms prescribed by the planning director and shall be submitted to the planning department. Applications shall be accompanied by at least six print copies and one reproducible copy of the tentative map for the proposed land division. When the planning director determines that the application data and tentative map are in general conformance with this chapter and state law, he shall enter the filing date on the application and initiate environmental evaluation and land division committee review procedures.

B. Each subdivider, at the time of submittal of the tentative map, shall pay the following fee:

1. Twenty-five dollars, no part of which shall be refundable:

2. Such fees as are required by other ordinances;

3. Additional fees for the environmental report;

4. A tentative map and environmental impact report review fee to the department of public works in accordance with the current schedule as established from time to time by resolution as authorized by Chapter 3.02.

C. The land division application information shall include:

1. The name, address and telephone number of the applicant and the name, address and telephone number of the owner, if he is not the applicant. This should be accompanied by a preliminary title report from an authorized title company;

2. A copy of the county assessor's map with the property of the proposed land division delineated;

3. The source, name of the supplier, quality and an estimate of the available quantity of domestic water;

4. The method of sewage disposal and name of sewage agency, if any;

5. The proposed use of the parcels;

6. The existing zoning designation of the land;

7. The signature of the applicant and the date of application;

8. Such other information as deemed necessary by the land division review committee.

D. The tentative map of the proposed land division shall be clearly and legibly drawn on sheets eighteen inches by twenty-six inches in size, using an engineer's scale in all cases. A marginal line shall be drawn around each sheet leaving a blank margin of one inch. The map shall show:

1. The boundaries of the land proposed to be divided with dimensions and the net area, exclusive of roads;

2. The existing or proposed right-of-way lines of county roads or streets within or abutting the land and the location and width of pavement including the roadway pavement, curbs, gutters and sidewalks, both existing and proposed;

3. The existing and proposed parcel lines with dimensions and area of each parcel;

4. The location, with dimensions, and the use of any existing structures and improvements on the land or under ground, including wells, sewerage, etc.;

5. The location of drainage provisions, watercourses and area subject to flooding;

6. Any existing or proposed easement which may have influenced the proposed parcel line locations or may influence the locations of buildings;

7. The name and address of the person who prepared the map and the date of preparation;

8. The north point and scale;

9. Such other information as deemed necessary by the land division committee, including maps of adjoining land which may have been previously divided.

(Ord. 82-446-H § 2, 1982; Ord. 76-446-A § 2, 1976; Ord. 73-446 Art. III § 5, 1974.)

A. The tentative map and accompanying data shall be considered by the land division review committee at a meeting held within fifteen working days after the filing date of the completed application.

B. The applicant and all interested agencies shall be given written notice of the meeting at least five days prior to meeting.

C. The departments of health and public works shall be given copies of the tentative map and accompanying data required by this chapter, including the EIR, a minimum of ten working days prior to the land division review committee conference.

(Ord. 74-446 Art. III § 6, 1974.)

A. The director of public works shall report on the effect each proposed land division would have on drainage, public improvements, roads and such matters as he may deem necessary to secure compliance with this chapter and other laws regulating land division.

B. The planning director shall report on the proposed parcel design, parcel size, proposed use and such other matters as he may deem necessary to secure compliance to this title and to any zoning ordinance applicable as well as conformance to the general plan, including a recommended zoning for the parcel if it is not precisely zoned.

C. The health officer or his duly appointed agent shall report on the adequacy of the proposed water supply for domestic purposes, the adequacy of the proposed sewerage and any other matters affecting the public health. The applicant for each land division application may be required to make tests and investigation as deemed necessary by the health department.

(Ord. 74-446 Art. III § 7, 1974.)

A. The land division review committee shall recommend to the planning commission approval, conditional approval or disapproval of the tentative map by a majority vote of the committee. The committee recommendation shall be submitted in a written report.

B. The land division review committee may recommend, as conditions of approval of the tentative map, such dedications and improvements as it deems reasonable and necessary.

C. The estimated construction cost of any improvements required by the county shall be approved by the director of public works and shall be secured by a faithful performance bond, cash deposit or certified check.

(Ord. 74-446 Art. III § 8, 1974.)

The land division review committee may recommend approval or conditional approval of the tentative map only when the following conditions are found:

A. The information or basis for information shown on the map is accurate;

B. The proposed division as related to other intended or existing divisions would not constitute a subdivision as defined in the state and county subdivision laws;

C. All parcels of the map and intended use thereof will meet use, minimum building site area, site width, yard area and access requirements for the existing or probable zoning district;

D. Adequate access to all of the parcels will be provided;

E. Requirements of the health officer will be observed in the size and development of such parcels;

F. Drainage, grading and improvements, pursuant to county regulations, would be provided so as not to adversely affect parcels of the land division, county roads or the neighborhood;

G. Use is made of public sewerage and water facilities when available.

H. A preliminary soils report shall be prepared by a civil engineer/engineering geologist, licensed to practice in the state of California, for the proposed subdivision addressing the unified soil classification of the soils, the depth of the water table, the degree of soil moisture from surface to a minimum depth of eight feet, the compaction of the soil at a minimum depth of two feet, and the expansive characteristics of the soil for the proposed project site. If this preliminary report indicates the presence of critically expansive soil or other soils or geological problems, which could lead to structural defects, or any other hazards, a soils report for each parcel, together with the proposed mitigation measures to alleviate identified problems shall be required.

The requirements of a preliminary soils report may be waived by the county engineer if the project civil engineer/engineering geologist certifies that no soils problems exist on the site, and that such certification is based on sufficient soils reports prepared for the subdivision under consideration to demonstrate soil stability and the lack of soils problems on the proposed project site. The project proponent shall have the burden of demonstrating the required information. The decision to waive such requirements, based upon the certification of the project proponent's civil engineer/engineering geologist of the absence of any soils related problems, shall be solely within the discretion of the county engineer.

The fee for review of soils reports or consideration of soils report waiver shall be set by resolution of the board of supervisors.

(Ord. 83-446-J, 1983; Ord. 74-446 Art. III § 9, 1974.)

A. Within fifty days of filing, or such other time that is mutually agreed upon, the planning commission shall approve, conditionally approve or deny the tentative map.

B. Upon recommendation of the land division review committee and prior to approval or conditional approval of the tentative map, the commission shall require such street improvements, utilities, drainage structures and facilities, erosion control, fences, planting, right-of-way dedication and other provisions for public safety, health and general welfare within the area of the tentative map and such off-site improvements as are in its opinion necessary and in accord with the law and terms of this chapter. All construction shall be in accord with road department standards.

(Ord. 74-446 Art. III § 10, 1974.)

A. If the subdivider or any interested person is dissatisfied with any action taken or requirement imposed upon the tentative map by the commission, he or she may appeal the same to the board if the appellant raised the objections on the record of the commission proceeding.

B. The appeal shall be made in writing and filed with the clerk to the board within ten calendar-days after the action was taken or requirement imposed. Hearing on such appeal shall be held before the board within thirty calendar-days after the filing of the appeal. Within ten days following the conclusion of the hearing, the board shall issue a written finding sustaining, modifying, rejecting or overruling any action taken or requirement appealed, except that such findings shall not be inconsistent with any requirements of state law or of this chapter.

(Ord. 82-466-I § 5, 1982: Ord. 74-446 Art. III § 11, 1974.)

A. After the approval or conditional approval of the tentative map, a parcel map shall be prepared in conformity with the approved or conditionally approved tentative map by a licensed land surveyor or registered civil engineer, pursuant to the State Subdivision Map Act. The parcel map shall be based on a field survey and shall conform to all the survey and map requirements for a final map.

B. In addition to other required certificates, a certificate on the parcel map signed by the commission as acknowledgement that the map is in accord with the approved or conditionally approved tentative map shall be required.

C. In addition to other required certificates, a certificate on the parcel map signed by the tax collector of the county stating that there are no liens of any kind against the property or any part thereof for any delinquent county, municipal, or local taxes or special assessments shall be required.

D. The land division shall be deemed complete when the approved parcel map thereof is filed in the office of the county recorder.

E. An approved or conditionally approved tentative map shall expire twenty-four months after its approval or conditional approval. Where there has been a timely written application for an extension of a tentative map, the tentative map shall not expire until a decision has been given by the planning commission and any appeals therefrom to the board of supervisors have been decided or the time limits for such appeals have expired. The time for appeal under this section is fifteen days after the planning commission has denied the extension. In all other cases, the expiration of the approved or conditionally approved tentative map shall terminate all further proceedings thereon, and no applications for extensions or modifications shall be considered, and no final map of all or any portion of the real property included within the tentative map shall be filed without first processing a new tentative map.

(Ord. 84-519 § 1, 1984; Ord. 82-466-I § 5, 1982: Ord. 80-488 § 4, 1980; Ord. 77-446-B § 1, 1977: Ord. 74-446 Art. III § 12, 1974.)

A. The subdivider shall pay to the county fees for the surveyor's services in checking the parcel map based on the current fee schedule as established from time to time by resolution of the board of supervisors. All fees shall be paid prior to the time the map is set for approval by the commission. Said fee includes the cost of printing copies of the parcel map. After recording, one set of intermediates will be sent to the surveyor who prepared the map.

(Ord. 80-446-F § 2, 1980: Ord. 80-446-E § 3, 1980: Ord. 77-446-C § 1, 1977.)

The penal provisions shall be as prescribed in Section 1.12.010 of this code and Section 66499.30 of the Government Code.

(Ord. 81-493 § 31, 1981; Ord. 74-446 Art. III § 13, 1974.)