Ross Municipal Code § 17.04 Referenced Standards

17.04.020 No advisory agency--Provisions applicable. 17.04.030 Sale--Requirements. 17.04.040 Adoption of provisions by reference. 17.04.050 Building permit--Denial. 17.04.060 Deed voidability. 17.04.070 Certificates of compliance. 17.04.080 Notices of violation. 17.04.090 Resubdivision.

17.04.010 Title--Authority. This title shall be known as and may be cited as the local "Subdivision Regulations," and is enacted for the purpose of adopting such subdivision regulations for the town, under the authority of and in accordance with the Subdivision Map Act of the state, and in addition to any other regulations provided by law. The regulations established herein shall apply to all subdivisions or parts of subdivisions hereafter made of land wholly or partly within the town and to the preparation of subdivision maps thereof for approval. (Prior code §10 200 (part)).

-- 17.04.020 No advisory agency Provisions applicable. There being no city planning commission within the town, there shall be no advisory agency as provided in the Subdivision

Map Act and the provisions of the act relating to cities without advisory agencies shall apply to the town. (Prior code §10 200 (part)).

17.04.030 Sale--Requirements. It is unlawful for any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity, as a principal, agent or otherwise, to sell, offer for sale, or cause to permit to be sold or offered for sale, any portion of any subdivision of land in the town unless and until all requirements hereinafter provided have been complied with. This shall not be construed to prohibit the sale of any lot or parcel of land which is of record as a lot or parcel of land on the effective date of this chapter. (Prior code §10 200 (part)).

17.04.040 Adoption of provisions by reference. All of the provisions of the Subdivision Map Act herein referred to, which are not specifically referred to or included herein or amplified by any sections hereof, shall become a part of this chapter as though included herein. (Prior code §10 200 (part)).

17.04.050 Building permit--Denial. No permit or other approval shall be issued or granted for construction on or development of any real property which was divided in violation of law or this title if the town council finds that such construction or development is contrary to the public health or safety. Any such permit or approval may be issued or granted subject to conditions specified in the Subdivision Map Act, Section 66499.34. (Ord. 386 §3, 1977: prior code § 10 209 (part)).

17.04.060 Deed voidability. Any deed of conveyance, sale or contract to sell, made contrary to the provisions of this chapter, is voidable at the sole option of the grantee, buyer or person contracting to purchase, their heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of execution of the deed of conveyance, sale or contract to sell, but the deed of conveyance, sale or contract to sell is binding upon any assignee or transferee of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor, or person contracting to sell, or their assignee, heir or devisee. (Ord. 728 (part), 2025; Prior code § 10 209 (part)).

17.04.070 Certificates of compliance. Requests for certificates of compliance with the provisions of the Subdivision Map Act and this title shall be processed as provided in Section 66499.35 of said act. (Ord. 386 §1(part), 1977).

17.04.080 Notices of violation. Procedures for the filing of notices of intention, and for the recording of notices of violation of the Subdivision Map Act and of this title shall be as provided in Section 66499.36 of said act. (Ord. 386 §1(part), 1977).

17.04.090 Resubdivision. Subdivided land may be merged and resubdivided without reverting to acreage by complying with applicable provisions of the Subdivision Map Act and this title, and as provided in Section 66499.23-3/4 of said act. (Ord. 386 §1(part), 1977).

Chapter 17.05

MERGER OF PARCELS

Sections:

17.05.000 Purpose. This chapter is enacted for the purpose of amending the existing merger ordinance of the town (previously Section 17.04.100) to bring it into compliance with Section 66451.11 et seq. of the California Government Code. The town had a merger ordinance in existence prior to January 1, 1984. (Ord. 450 §2(part), 1985).

17.05.010 Definitions. When used in this chapter the following terms shall have the following meanings:

(1) "Contiguous" means touching or adjoining at more than one point. Property shall be considered contiguous even if it is separated by roads, streets, utility easements or railroad rights-of-way.

(2) "Merger" means the joining of two or more contiguous parcels or units of improved or unimproved land, which are held by the same owner or owners, into one building site pursuant to this title. Parcels or units may include land division or subdivision lots, assessor's tax parcels, or lots created by deed.

(3) "Minimum parcel size" means the minimum size to permit development under established zoning, subdivision or other town codes. Minimum size includes lot area required by an applicable slope ordinance, policy or zoning density guidelines.

(4) "Same Owner." Contiguous parcels or units of land are considered to be held at the same owner if one owner holds at least a fractional share in two or more contiguous parcels. (Ord. 450 §2(part), 1985).

17.05.020 General. Except as provided for in this chapter, two or more contiguous parcels or units of land shall not merge by virtue of the fact that such contiguous parcels are held by the same owner if they were created in one of the following manners:

(1) Pursuant to the provisions of the State Subdivision Map Act;

• (2) Pursuant to Ross Municipal Code, Title 17;

(3) Pursuant to any prior town ordinance regulating the division of land; or

(4) Were not subject to such provisions at the 'time of their creation. If such creation has occurred, no further proceeding under the provisions of this title shall be required to permit sale, lease or financing of such contiguous parcels or units of land. (Ord. 450 §2(part), 1985).

17.05.030 Requirements for merger on or after January 1, 1984. When any one of two or more contiguous parcels or units of land, which are held by the same owner or owners, does not conform to the standards for minimum parcel size under the applicable zoning designation, the contiguous parcels shall merge if all the following requirements are satisfied:

(1) At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or assessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit of land;

(2) With respect to any affected parcel, one or more of the following conditions exist: (A) Comprises less than five thousand square feet in area at the time of the

determination of merger,

(B) Was not created in compliance with applicable laws and ordinances in effect

at the time of its creation,

(C) Does not meet current standards for sewage disposal and domestic water

supply,

(D) Does not meet slope stability standards or zoning density guidelines,

(E) Has no legal access which is adequate for vehicular and safety equipment access and maneuverability,

(F) Its development would create health or safety hazards,

(G) Is inconsistent with the general plan other than minimum lot size or density

standards.

For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined

as of the date that the notice of intent to determine status is recorded pursuant to Section 17.05.050.

Subsection (2) shall not apply if on or before July 1, 1981, one or more of the contiguous parcels or units of land is enforceably restricted open space land pursuant to a contract, agreement, scenic restriction, or open space easement, as defined and set forth in Section 421 of the Revenue and Taxation Code. (Ord. 450 §2(part), 1985).

17.05.040 Effective date of merger. A merger of parcels or units of land becomes effective on the date a notice of merger is filed for record with the recorder of the county. A notice of merger shall specify the names of the record owner or owners and shall particularly describe the real property that is the subject of the merger. (Ord. 450 §2(part), 1985).

17.05.050 Notice of intent to determine status. Prior to recording a notice of merger, the public works director shall cause to be mailed by certified mail to the then current record owner of the property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to standards specified in Title 17 of the Ross Municipal Code, advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice shall also inform the owner or owners that the public works director or town council is authorized to make a determination of merger or nonmerger in accordance with Ross Municipal Code, Section 17.05.080 in the event a request for hearing is not filed within thirty days pursuant

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to Ross Municipal Code, Section 17.05.060. The notice of intention to determine status shall be filed for record with the county recorder of the county on the date that notice is mailed to the property owner. (Ord. 728 (part), 2025; Ord. 450 §2(part), 1985).

17.05.060 Request for hearing. At any time within thirty days after recording of the notice of intention to determine status, the owner of the affected property may file with the public works director a request for a hearing on determination of status. (Ord. 450 §2(part), 1985).

17.05.070 Procedure for hearing. Upon receiving a request for a hearing on determination of status, the director shall fix a time, date and place for a hearing to be conducted by the town council and shall so notify the property owner by certified mail. The hearing shall be conducted not less than thirty days following the public works director's receipt of the property owner's request for hearing, but may be postponed or continued with the mutual consent of the public works director and the property owner. At the hearing the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in Title 17 of the Ross Municipal Code. At the conclusion of the hearing, the town council shall make a determination the affected parcels are to be merged or not to be merged and shall so notify the owner of its determination. A determination of merger shall be recorded within thirty days after conclusion of the hearing as provided for in Section 17.05.050. (Ord. 450 §2(part), 1985).

17.05.080 Determination when no hearing is requested. If within the thirty-day period specified in Section 17.05.060 the owner does not file a request for hearing on determination of status, the public works director may, at any time thereafter, make a determination the affected parcels are to be merged or are not to be merged. A determination of merger shall be recorded as provided in Section 17.05.040 no later than ninety days following the mailing of notice required by Section 17.05.070. (Ord. 450 §2(part), 1985).

17.05.090 Nonmerger. The town council or public works director, as applicable, may make a determination of nonmerger, whether or not the affected property meets the standards of Section 17.05.030 provided the following findings are affirmatively made:

(1) The parcels were created by a parcel or final map in accordance with the Ross Municipal Code in effect at the time of their creation,

(2) The nonmerger and subsequent development of the individual parcels would not be contrary to the public health, safety or welfare. (Ord. 450 §2(part), 1985).

17.05.100 Notice of nonmerger. If, in accordance with Sections 17.05.070, 17.05.080 or 17.05.090 the public works director or town council determines that the subject property shall not be merged, it shall cause to be recorded in the manner specified in Section 17.05.040 a release of the notice of intention to determine status, recorded pursuant to Section 17.05.050 and shall mail a clearance letter to the then current owner of record. (Ord. 450 §2(part), 1985).

17.05.110 Parcels merged prior to January 1, 1984. In the case of parcels or units of land merged prior to January 1, 1984, for which no notice of merger was recorded, the following procedure shall apply:

(1) The public works director shall no later than January 1, 1986, record a notice of

merger.

(2) At least thirty days prior to recording a notice of merger, the public works director shall advise the owner of the affected parcels, in writing, of the intention to record the notice and

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specify a time, date and place at which the owner may present evidence to the town council why such notice should not be recorded.

(3) No notice of merger shall be recorded if the parcel would be deemed not to have merged pursuant to the criteria specified in Section 17.05.120. (Ord. 450 §2(part), 1985).

17.05.120 Criteria for unmerger. Any parcel or unit of land for which a notice of merger had not been recorded on or before January 1, 1984, shall be deemed not to have merged if on January 1, 1984:

• (1) The parcel meets each of the following criteria:

(A) Comprises at least five thousand square feet in area,

(B) Was created in compliance with the applicable laws and ordinances in effect

at the time of its creation,

(C) Meets current standards for sewage disposal and domestic water supply,

(D) Meets the slope stability standards and zoning density guidelines,

(E) Has legal access which is adequate for vehicular and safety equipment access and maneuverability,

(F) Development of parcel would create no health or safety hazards,

(G) The parcel would be consistent with the general plan or any applicable plan, other than a minimum lot size or density standards;

(2) And, with respect to such parcel, on or before July 1, 1981, one or more of the contiguous parcels or units of land is not enforceably restricted as open space land pursuant to a contract, agreement, scenic restriction, or open space easement, as defined and set forth in Section 421 of the Revenue and Taxation Code. (Ord. 450 §2(part), 1985).

17.05.130 Application and determination of unmerger. Upon application made by the owner and payment of any requested fees, the town council or public works director, as applicable, shall make a determination the affected parcels have merged or, if meeting the criteria of Section 17.05.120 are deemed not to have merged. As part of an application for a determination on merger, an owner may request a public hearing. If a public hearing is requested, the town council shall make the determination on merger. If no public hearing is requested, the director shall make the determination on merger. In either event, the public works director shall provide thirty days' written notice to the owner of the affected parcels of the date and place of the hearing or decision on the determination of merger. (Ord. 450 §2(part), 1985).

17.05.140 Notification to the owner. The owner of the affected parcels shall be notified as follows:

(1) Upon a determination that the parcels meet the standards specified in Section 17.05.120, the public works director shall issue to the owner and record with the county recorder a notice of the status of the parcels which shall identify each parcel and declare that the parcels are unmerged pursuant to this title.

(2) Upon a determination that the parcels have merged and do not meet the criteria specified in Section 17.05.120, the public works director shall issue to the owner and record with the county recorder, a notice of merger as provided in Section 17.05.040. (Ord. 450 §2(part), 1985).

17.05.150 Merger of contiguous parcels as authorized by Government Code Section 66499.20-3/4. As authorized by California Government Code Section 66499.20-3/4, contiguous parcels under common ownership may be voluntarily merged without reverting to acreage upon the recordation of a parcel map or other town approved instrument evidencing the merger. Such

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voluntary merger may be approved without public hearing by the director of public works or the director's designee. (Ord. 478, 1990).

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Chapter 17.08

DEFINITIONS

Sections:

17.08.010 Definitions generally. Except as otherwise provided in this chapter, all terms used in this chapter which are defined in the subdivision map act are used in this chapter as so defined, unless from the context thereof it clearly appears that a different meaning is intended. The word "shall" is mandatory, and the word "may" is permissive. (Prior code §10 201 (part)).

17.08.020 Town office, department, council, bureau, official. Whenever the town, or the name of any town office, department, council, or bureau, or the title of any town official is used herein, it refers to the town, and to such office, department, commission, council or bureau or town official of the town. For the purposes of this chapter, certain words and phrases are defined herein, and where the definitions set forth herein differ from the definitions of the same terms in the subdivision map act, the definitions in this chapter shall govern. (Prior code S10 201 (part)).

17.08.030 Block. "Block" means a tract of land within a subdivision entirely bounded by streets, highways or ways, except alleys; or by streets, highways or ways, except alleys, and the exterior boundary or boundaries of the subdivision. (Prior code §10 201 (part)).

17.08.040 Design. "Design" means alignment, grades and widths of streets; location and widths of easements and rights-of-way for drainage or utilities; and areas, widths, depths and arrangement of lots. (Prior code §10 201 (part)).

17.08.050 Maps. (a) "Tentative map" means a map prepared for the purpose of showing the design of a proposed subdivision and the existing conditions in and around it, and need not be based upon an accurate or detailed final survey of the property. A tentative map is required for all subdivisions. (Subdivision Map Act, Sections 66426 and 66428)

(b) "Final map" means a map prepared in accordance with provisions of law and this title and designed to be placed on record in the office of the county recorder. A final map is required for all subdivisions of five or more lots, except in cases of exceptions as listed in the Subdivision Map Act, Section 66426.

(c) "Parcel map" means a map prepared in accordance with provisions of law and this title and designed to be placed on record in the office of the county recorder. A parcel map is required for all subdivisions other than those for which a final map is required, except that the town council may approve written requests for waiver of the parcel map requirement as provided

in the Subdivision Map Act, Section 66428. (Ord. 386 §4, 1977: Ord. 370 §1, 1976; prior code §10 201 (part)).

17.08.060 Owner. "Owner" is the individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter, and while used herein in the masculine gender and singular number it means and includes the feminine and neuter genders and the plural number whenever required. (Prior code §10 201 (part)).

17.08.070 Subdivider. "Subdivider" means any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect the subdivision of land hereunder for themselves or for another, and while used herein in the masculine gender and the singular number it means and includes the feminine or neuter gender and the plural number whenever required. (Ord. 728 (part), 2025; Prior code §10 201 (part)).

17.08.080 Subdivision. "Subdivision" means any unit or contiguous units of improved or unimproved real property, or portion thereof, which is divided for the purpose of sale, lease, financing, or any other purpose, whether immediate or future, into two or more parcels.

Exceptions to the foregoing are: (a) those specified in the Subdivision Map Act, Sections 66412, 66424 and 66424.1; and, (b) lot line adjustments approved by town council resolution, when such adjustments are between two or more existing adjacent parcels, and a greater number of parcels than originally existed is not thereby created. (Ord. 386 §5, 1977: prior code §10 201 (part)).

17.08.090 Improvement. "Improvement" refers to only street work, drainage, utilities and other improvements to be installed, or agreed to be installed, by the subdivider on the land dedicated or to be dedicated for streets, highways, public ways, and easements, as are deemed necessary for the general use of the lot owners in the subdivision and local neighborhood and traffic needs, as a condition precedent to the approval and acceptance of the final or parcel map thereof. (Ord. 386 56, 1977: prior code 510 201 (part)).

17.08.100 Person. "Person" means any natural person, joint venture, stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them. (Prior code §10 201 (part)).

Chapter 17.10

LOT LINE ADJUSTMENTS

Sections: