Chapter 20.04 — GENERAL PROVISIONS

This title is for the purpose of adopting subdivision regulations under the authority of and in accordance with the provisions of Division 2 of Title 7 of the Government Code of the state, and any future amendments thereto, referred to in this title as the Subdivision Map Act, and in addition to any other regulations provided by law.

(Prior code §9-20; Ord. NS 1061 §2, 1981; Ord. CS 179 §1, 1986)

• A. All current Stanislaus County ordinances, policies and standards shall be complied with before building permits may be issued on parcels legally created, unless other standards are authorized through unexpired vested maps, development agreements, or through variances or exceptions properly approved.

• B. This section is a declaration and clarification of existing law. (Ord. CS 741 §1, 2000)

• A. The county planning commission is designated as the advisory agency with respect to subdivisions as provided in the Subdivision Map Act and shall have all the powers and duties with respect to tentative parcel maps and tentative maps, and the procedure relating thereto, which is specified by law and by this title.

• B. A subdivision committee is created, consisting of the director of public works, the director of planning and community development, the county fire warden, the county health officer or their authorized representatives. The director of planning and community development, or his authorized representative, shall act as chairman and secretary to the committee. All members must be present to constitute a quorum. The subdivision committee shall review and report to the planning commission on all tentative maps of more than four parcels.

(Prior code §9-21; Ord. NS 1061 §2, 1981; Ord. CS 179 §1, 1986)

This title shall be inapplicable to:

• A. The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks;

• B. Mineral, oil or gas leases;

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

• D. Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party;

• E. Any separate assessment under Section 2188.7 of the Revenue and Taxation Code;

• F. The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel;

• G. The financing or leasing of existing separate commercial or industrial buildings on a single parcel;

• H. Agricultural leases where additional buildings are not to be constructed or otherwise provided for separate use;

• I. Short term leases (terminable by either party on not more than thirty days notice in writing) of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates such a parcel map;

• J. Merged parcels or lots of record where such lots or parcels were legally created and conform in all respects with all requirements of the Subdivision Map Act and of this title;

• K. A lot line adjustment between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, provided the lot line adjustment is approved by the county, subject to provisions of Chapter 20.14 of this title;

• L. The leasing or granting of an easement to a parcel of land or any portion thereof, in conjunction with the financing, erection and sale or lease of a wind-powered electrical generation device on the land, if the project is subject to discretional action by the planning commission or board of supervisors.

(Prior code §9-22; Ord. NS 1061 §2, 1981; Ord. CS 179 §1, 1986)

It is unlawful for any individual, firm, association, syndicate, copartnership, or corporation as a principal agent, or otherwise, to offer to sell or lease, to contract to sell or lease, or sell or lease any subdivision until all the requirements set forth in this title have been complied with. (Prior code §9-23; Ord. NS 1061 §2, 1981; Ord. CS 179 §1, 1986)

When any provision in this title or of the Subdivision Map Act requires the execution of any certificate or affidavit or the performance of any act by a person in his official capacity who is also a subdivider or an agent or employee thereof, such certificate or affidavit shall be executed or such act shall be performed by some other person duly qualified therefor and designated so to act by the board. (Prior code §9-36; Ord. NS 1061 §2, 1981; Ord. CS 179 §1, 1986)

In the event a subdivision is partly in a city and partly outside a city, the director and city engineer may enter into an agreement by and with the consent of their respective governing bodies providing that either may perform the duties of the other with respect to the map. When such an agreement has been reached and all such duties devolved upon them are performed, said officers may make the aforesaid certification upon the map; and, when by such agreement the duties are apportioned between the director and city engineer, it shall be sufficient if each shall, after the performance thereof, make a certification on the map touching the duties performed by each. When all certificates required on the final map have been signed except the approval certification of the board, the final map together with the signed agreement, title report and fees shall be transmitted to the clerk of the board.

(Prior code §9-37; Ord. NS 1061 §2, 1981; Ord. CS 179 §1, 1986)

Any approval pursuant to this Title 20 of a residential use of property shall comply with the thirty-year land use restriction initiative adopted by the voters of Stanislaus County on February 5, 2008. (Ord. CS 1032 §2, 2008)