Article 13 — FINAL MAP

The requirements and procedures set forth in this Article are supplemental to the Subdivision Map Act.

• (a) The subdivider shall file with the Public Works Director one (1) complete set of original tracings and four (4) complete sets of black and white prints of the final map.

• (b) At the time of filing the final map the subdivider shall pay to the Public Works Director the applicable fee set forth in Article 5 of this Chapter.

• (c) Within three (3) days after the filing of the final map, the Public Works Director shall transmit two (2) copies thereof to the Planning and Development Director.

• (d) A copy of the deed restrictions applicable to the subdivision shall be filed with the Planning and Development Director at the time of filing the final map.

• (e) At the time of filing the final map, the subdivider shall file with the Public Works Director an original and one (1) copy, fully executed by the subdivider, of any covenants, agreements, trusts, or other provision for private road maintenance required by section 7-01-1300 of this Article. The Public Works Director shall transmit the copy forthwith to the Planning and Development Director.

The final map shall conform to all of the following provisions:

• (a) It shall be a map legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film, including affidavits, certificates and acknowledgments, except that such certificates, affidavits and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If polyester base film is used, such film shall be of a washable type and shall have a minimum thickness of four one thousandths (0.004) of an inch. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

• (b) The size of each sheet shall be eighteen (18) by twenty six (26) inches.

• (c) A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one (1) inch.

• (d) The exterior boundary of the land included within the subdivision shall be indicated by a blue line which shall be approximately one eighth (1/8) of an inch in width.

• (e) The scale of the map shall be one (1) inch equals one hundred (100) feet or a decimal fraction or a multiple of one hundred (100) feet.

• (f) Each sheet shall be numbered, the relation of one sheet to another clearly shown, and the total number of sheets used shall be set forth on each sheet.

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County of Tulare, CA § 7-01-1965

TULARE COUNTY CODE

§ 7-01-1975

• (g) The tract number, scale and north point shall be shown on each sheet. When the subdivider proposes to file more than one final map, relating to an approved or conditionally approved tentative map, the Planning and Development Director shall assign a unit designation for each of said maps, which shall be shown in conjunction with the tract number on the final maps.

• (a) The tract number and the tract name, if any, shall comprise the title.

• (b) Below the title shall be a subtitle consisting of a general description of all the property being subdivided by reference to subdivisions or to sectional surveys.

• (c) References to subdivisions shall be worded identically with original records, with references to the books and pages if the subdivisions are recorded.

• (d) Affidavits, certificates, acknowledgments, endorsements, acceptances of dedication and notarial seals required by the Subdivision Map Act, shall appear on the title sheet.

• (e) The title sheet shall show the basis of bearings.

• (f) A key map showing the proposed subdivision and surrounding subdivisions and streets located within one quarter (1/4) mile radius of the boundaries of the proposed subdivision shall appear on the title sheet.

• (g) Where the size of a subdivision permits, in lieu of a title sheet, the information prescribed in subsections (a) through (f) of this section may be shown on the same sheet as the final map.

In addition to providing the information required by the Subdivision Map Act, the final map shall contain the following information:

• (a) The tract number and the tract name, if any, date of preparation, north point, scale and graphic scale.

• (b) The locations and names of streets; the centerlines of streets; the lengths, tangents, radii and central angles and radial bearings of curves; the total width of each street and the width on each side of the centerline; the width of the portion of the street being dedicated and the width of any existing dedication.

• (c) The locations and widths of easements for pedestrian ways that are to be located outside of street rights of way.

• (d) The locations and dimensions of public areas and the net acreage, to the nearest one tenth (1/10) of an acre, contained therein.

• (e) The locations and widths of any easements for bicycle paths that are to be located outside of street rights of way.

• (f) The locations and widths of access rights and easements to and along any public waterway, river or stream, and the locations and widths of access rights to any lake or reservoir owned by a public agency.

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County of Tulare, CA

LAND USE REGULATION AND PLANNING

§ 7-01-1975

§ 7-01-1980

• (g) The centerlines, widths and side lines of all easements to which the lots are subject and the date on which each easement was created. If the easement is not definitely located of record, a statement as to the easement shall appear on the title sheet. Easements for storm drains, sewers and other similar purposes shall be denoted by broken lines. Easements shall be clearly labeled and identified and, if already of record, precise reference to the records given. Easements being dedicated shall be referred to in the certificate of dedication.

• (h) Locations and widths of easements for drainage channels and watercourses.

• (i) Locations and widths of easements for public utilities.

• (j) Locations and widths of railroad rights of way.

• (k) Waivers of rights of access to and from streets and lots and other parcels of land.

• (l) Locations and widths of lots to be conveyed to the County pursuant to section 7-01-1270 of this Chapter.

• (m) Locations, widths and names of streets, alleys and pedestrian ways adjacent to the proposed subdivision.

• (n) Locations of city boundary lines.

• (o) The net dimensions of each lot. No ditto marks shall be used. Sufficient data shall be shown to determine readily the bearing and length of each lot line. On lots containing one (1) acre or more, the final map shall show net acreage to the nearest one tenth (1/10) of an acre.

• (p) All lots numbered consecutively, commencing with the number "1," with no omissions or duplications, except for the lots covered by section 7-01-1270 of this Chapter which shall be lettered consecutively, commencing with the letter "A."

• (q) Location of, or reference to, any designated remainder parcel in accordance with section 66434 of the Government Code of the State of California.

• (r) All dimensions in feet and decimals of a foot.

• (s) The following surveying data:

  • (1) The radius, tangent, arc, central angle and radial bearings of curves.

  • (2) Suitable primary survey control points including section corners and monuments existing outside of the proposed subdivision.

  • (3) The character, type and location of all permanent monuments within the proposed subdivision.

  • (4) Ties to and names of adjacent subdivisions.

  • (5) Ties to any city and county boundary lines involved.

• (t) A notation or reference to the additional information required in section 7-01-1980 of this Article.

• (u) Any additional information which, in the judgment of the body which took final action of the tentative map, affects record title interests shall be shown on the final map.

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County of Tulare, CA § 7-01-1980 TULARE COUNTY CODE

§ 7-01-1995

In accordance with section 66434.2 of the Government Code, the following information shall be filed or recorded simultaneously with the final map. The additional information shall be in the form of a separate document or an additional map sheet which shall indicate its relationship to the final map, and shall contain a statement that the additional information is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest. The document or additional map sheet may also contain a notation that the additional information is derived from public records or reports and does not imply the correctness or sufficiency of those records or reports by the preparer of the document or additional map sheet.

• (a) Locations and widths of drainage channels, watercourses, selected flood lines and proposed flood control works.

• (b) Building setback lines, if required by the body, which took final action on the tentative map.

• (c) If a final geological hydrological report and/or a soil investigation report has been prepared, this fact shall be noted, together with the date of the report, the name of the registered civil engineer or geologist making the report, and the location where the report is on file.

• (d) Any additional information which was required to be filed or recorded with the final map by the body which took final action on the tentative map and which does not affect record title interests.

In making the survey for the subdivision, monuments shall generally be placed at the angle points on the exterior boundary lines of the tract, at the intersections of centerlines of streets and at the beginnings and ends of curves on the centerlines of streets. Monuments may be placed on offset lines. All monuments shall be set not less than eight (8) inches below finished grade and shall be of concrete six (6) inches in diameter and twelve (12) inches in length, or of capped iron pipe two (2) inches in diameter, and twenty four (24) inches in length. Lot stakes shall be set flush to finished grade and shall be of redwood, two (2) inches by twelve (12) inches, of or iron pipe or rod, one half (1/2) inch in diameter and eighteen (18) inches in length. The requirements of this section supplement the requirements of sections 66495-66498 of the Government Code of the State of California.

A complete and accurate survey of the land to be subdivided shall be made by a registered civil engineer or licensed surveyor, in accordance with standard practices and principals of land surveying. Except in mountainous areas, the traverse of the exterior boundaries of a proposed subdivision and of each block and lot shall close within a limit of error of one (1) foot to seven thousand five hundred (7,500) feet of perimeter. In mountainous areas the limit of error shall be one (1) foot to two thousand five hundred (2,500) feet of perimeter.

• (a) In accordance with section 66475 of the Government Code of the State of California, all parcels of land shown on the final map as intended for public use shall be offered for dedication for public use at the time the final map is filed, except those parcels which are

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County of Tulare, CA

LAND USE REGULATION AND PLANNING

§ 7-01-1995

§ 7-01-2010

intended for the exclusive use of lot owners in the subdivision, their licensees, visitors, tenants and servants.

• (b) All streets, alleys, pedestrian ways, drainage channels, flood control works, easements and other rights of ways shown on the final map as intended for public use, except easements for those public utilities regulated by the Public Utilities Commission of the State of California, shall be offered for dedication for public use at the time the final map is filed.

• (c) All rights of access to and from streets, lots and parcels of land shown on the final map to be surrendered shall be offered for dedication at the time the final map is filed.

• (d) A deed shall be submitted with the final map conveying to the County the lots required to be conveyed to the County by section 7-01-1270 of this Chapter.

• (e) Letters shall be submitted with the final map from the public utilities that will serve the subdivision certifying that satisfactory arrangements have been made with said public utilities for providing utility service and necessary easements therefore to serve each lot within the subdivision.

Pursuant to section 66478 of the Government Code of the State of California, any subdivider who develops or completes the development of one or more subdivisions in one or more school districts maintaining an elementary school, shall dedicate to the school district within which such subdivisions are located, such land as the Board of Supervisors shall deem to be necessary for the purpose of constructing thereon such elementary schools as are necessary to assure the residents of the subdivision of adequate public school service. Such dedications shall not be required by a subdivider who has owned the land being subdivided for more than ten (10) years prior to the filing of the tentative maps. Dedications required by this section shall be subject to all of the terms, conditions and procedures set forth in said section66478 of the Government Code.

The subdivider shall improve all lands dedicated for streets, alleys, pedestrian ways, drainage facilities, flood control works, easements and other rights of way, subject to the following exceptions:

• (a) If the subdivision is served by a frontage road parallel to a limited access highway or freeway and the required right of way dedication for the limited access highway or freeway has been made by the subdivider, the subdivider shall be responsible for only those improvements required for the frontage road, in accordance with the improvement standards referred to in section 7-01-2025 of this Article, and shall not be required to provide improvements within the right of way of said limited access highway or freeway.

• (b) If the subdivision backs onto a limited access highway or freeway and the required right of way dedication for the limited access highway or freeway has been made by the subdivider and the subdivider has dedicated the right of access from the limited access highway or freeway to the subdivision, the subdivider shall not be required to construct the improvements referred to in section 7-01-2025 of this Article within the right of way line of the limited access highway or freeway. In such cases the subdivider may landscape the planting strip of the adjacent limited access highway or freeway with plant materials adequate to screen the lots of the subdivision from the limited access highway or freeway.

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County of Tulare, CA § 7-01-2010

TULARE COUNTY CODE

§ 7-01-2025

When a subdivider is required to provide a duct for future installation of a streetlight, pursuant to the provisions of section 7-01-1435 of this Chapter, the subdivider shall not install the street lighting pole. The Public Works Director shall determine the current differential cost charged by the public utility for a utility owned ornamental marbelite or metal street lighting pole and the subdivider shall deposit money with the County to pay such differential cost. When a deposit has been made pursuant to this section, the subdivider shall have no further duties or liabilities in connection with purchase and installation of the streetlight. Such a deposit shall be held by the County solely for the installation of the streetlight. If said pole has not been ordered to be installed by the Public Works Director within five (5) years after the date of approval of the final map by the Board of Supervisors, or if there is an unexpended balance of the amount deposited, the County shall return the money deposited, without interest, to the subdivider, his heirs or assigns. If the territory in which the streetlight is to be installed is annexed to a city prior to the installation of the streetlight, the County may offer to transfer to such city all funds theretofore deposited with the County. Any funds so transferred to the city shall be held by the city solely for the installation of the street light and shall be returned by the city to the subdivider, his heirs or assigns, if the work has not been ordered performed within said five (5) year period or if there is an unexpended balance after completing the work. The streetlight installed pursuant to this section shall remain the property of the public utility, which provides lighting service to the street light system.

Notwithstanding the provisions of section 7-01-2005 of this Article, the County shall share in the cost of the following improvements:

• (a) A four lane Class 3 or Select System Road, including any bridge or culvert which is part of said road, which the subdivider is required to construct in the subdivision, when a two lane road would serve the needs of the subdivision.

• (b) A bridge or culvert which is required by the County which will be located partially within the subdivision and partially outside the subdivision, and which will be part of a four lane road.

In addition, the County may also share in the cost of other improvements when the Board of Supervisors determines that such sharing of costs is fair and reasonable under the particular circumstances. The portion of the costs which the subdivider and the County will bear in each of the situations mentioned in this section shall be specified in the agreement between the County and the subdivider, in accordance with section 7-01-2060 of this Article. The division of costs shall ordinarily be made in accordance with the general policies which are set forth in Resolution No. 67-1506, and amendments thereto.

When a bridge or culvert is required by the County which will be located partially within the subdivision and partially outside of the subdivision, the subdivider shall only be required to pay a portion of the cost of the bridge or culvert. The portion of the costs which the subdivider will bear shall be specified in the agreement between the County and the subdivider, in accordance with section 7-01-2060 of this Article. The division of costs shall ordinarily be made in accordance with the general policies which are set forth in Resolution No. 67-1506, and amendments thereto.

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County of Tulare, CA

LAND USE REGULATION AND PLANNING

§ 7-01-2025

§ 7-01-2045

• (a) All improvements shall conform to the applicable standards of materials and design which are set forth in the booklet entitled "Improvement Standards of Tulare County" as such standards have been adopted by the Board of Supervisors and are amended from time to time by resolution of the Board of Supervisors.

• (b) Improvements shall be constructed in accordance with plans approved by the Public Works Director. Notice shall be given by the subdivider to the Public Works Director prior to the commencement of construction of improvements.

• (c) Improvements shall be installed to grades prescribed by the Public Works Director.

• (d) The Public Works Director, the Health Officer, the Fire Warden and the Planning and Development Director shall have the right to enter upon the site of improvements for the purpose of inspecting them and said officials shall be furnished with samples of materials as may be required for making tests to determine the acceptability of such materials.

All flood control works to be constructed within selected flood lines shall conform to the requirements established by the Tulare County Flood Control District. The County Road Commissioner, acting on behalf of said District, shall have all of the rights, powers and duties delegated to the County Surveyor under subsections (b), (c) and (d) of section 7-01-2025 of this Article with regard to such flood control works.

If all or a portion of the property which is the subject of the final map is located within selected flood lines, the improvement plans shall provide the elevation of proposed structure(s), pads, and adjacent grade. If the site is filled above the elevation of the selected flood, the final pad elevation shall be certified by a registered civil engineer or surveyor and provided to the Building and Planning Director as set forth in section 7-27-1105(b) of Chapter 27 of this Part.

The subdivider shall pay the applicable fee set forth in Article 5 of this Chapter to cover the expense to the County of checking the plans for all improvements required by the County pursuant to this Chapter and the expense of inspecting the construction of such improvements. The fee shall be based on the estimated total cost of constructing such improvements and shall be paid to the County Surveyor prior to the submission of the final map to the Board of Supervisors. The estimate of the cost of improvements upon which said fee is determined shall be made by the County Surveyor based upon the current cost of similar work performed within the general area where the improvements are to be constructed. If the final map is withdrawn or a reversion to acreage map is recorded, the unexpended portion of said fee shall be refunded upon receipt by the County Surveyor of a written application from the subdivider.

Except as provided in California Government Code section 66499.3, the subdivider shall provide the following security to guarantee the construction of all public improvements required for the subdivision:

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County of Tulare, CA § 7-01-2045

TULARE COUNTY CODE

§ 7-01-2060

• (a) One hundred percent (100%) of the total estimated cost of the public improvements, conditioned upon the faithful performance of the agreement between the County and the subdivider requiring such improvements.

• (b) Fifty percent (50%) of the total estimated cost of the public improvements, securing payment to the contractor, his subcontractors, and to persons furnishing labor, materials, or equipment to them for such public improvements.

• (c) Ten percent (10%) of the total costs of required improvements including improvements that are in place at the time of approval (estimated on the basis of costs to the County) shall be retained by the County for a period of one (1) year following the completion and acceptance of the public improvements, as a guarantee and warranty against any defective work or labor done, or defective materials furnished.

Security provided to guarantee required public improvements shall be in favor of the County of Tulare and shall be in one of the following forms:

• (a) One or more irrevocable performance bonds in substantially the form provided in California Government Code section 66499.1, issued by one or more reputable corporate sureties duly and legally licensed to transact business in the State of California and bearing the name and address of said surety clearly upon the face of the bond provided.

• (b) A deposit of cash with the Public Works Department, or in escrow with a responsible escrow agent or trust company.

• (c) An instrument of credit from one or more financial institutions subject to regulation by the California State or Federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment.

• (d) An assignment or transfer of rights in an account, deposit or certificate insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, in or with one or more financial institutions subject to regulation by the California State or Federal government, upon a form approved by the Tulare County Board of Supervisors.

• (e) A certificate of deposit issued by a financial institution regulated by the California State or Federal Government, issued in favor of the County of Tulare, and allowing the County to receive cash in exchange for the certificate at least once during each six (6) month period.

In those cases where all or a portion of a subdivision is located within selected flood lines, and the subdivider is required to construct flood control works which will be dedicated to the Tulare County Flood Control District, the Board of Supervisors of said District may require that the subdivider enter into an agreement with said District for the construction of such flood control works. The Board of Supervisors of said District may require the subdivider to provide security to carry out his obligations under such an agreement, and the type and amount of such security and provisions for release of such security shall be set forth in the agreement.

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County of Tulare, CA

LAND USE REGULATION AND PLANNING

§ 7-01-2060

§ 7-01-2070

IMPROVEMENTS.

• (a) When the cost of any improvements in a subdivision is to be shared between the subdivider and the County, as provided in this Article, then the agreement between the County and the subdivider shall state whether the subdivider or the County is to perform the work. If the subdivider is to perform the work, the agreement shall provide for payment of the County’s share of the cost of the improvements. If the County is to perform the work, the agreement shall provide for a deposit of money with the County as payment of the subdivider’s share of the cost of the work.

• (b) When a deposit has been made by the subdivider pursuant to this section, the subdivider shall have no further duties or liabilities in connection with the construction of such improvement. Such a deposit by the subdivider shall be held by the County solely for the performance of the agreed work and if said work has not been completed within fifteen (15) years after the date of execution of the agreement by the Board of Supervisors, the County shall return the amount deposited by the subdivider, without interest, to the subdivider, his heirs or assigns.

• (c) If territory in which a proposed improvement is to be constructed is annexed to a city prior to the construction of the improvement, the County may offer to transfer to the city the funds theretofore deposited by the subdivider. However, in such cases, the County shall not share in the cost of the improvement pursuant to section 7-01-2015 of this Article. Any funds so transferred to the city shall be held by the city solely for the performance of the agreed work and shall be returned to the subdivider, his heirs or assigns, if said work has not been performed within the period set forth in subsection (b) of this section.

When a subdivider is required to install improvements for the subdivision which contain supplemental size, capacity or number for the benefit of property not within the subdivision, in accordance with section 7-01-1220 of this Chapter, the County and the subdivider shall enter into an agreement prior to the approval of the final map. The agreement shall require the County to reimburse the subdivider for the difference between the amount it would have cost the subdivider to install the improvements to serve the subdivision only and the actual cost of such improvements. In order to pay the costs as required by the reimbursement agreement, the County may:

• (a) Collect from other persons, including public agencies, using such improvements for the benefit of real property not within the subdivision, a reasonable charge for such use.

• (b) Contribute to the subdivider that part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and levy a charge upon the real property benefitted to reimburse itself for such cost, together with interest thereon, if any, paid to the subdivider.

If the required improvements in a designated remainder parcel have not been completed prior to the approval of the final map, the final map shall not be approved until the subdivider has entered into an agreement with the Board of Supervisors to complete said improvements if:

• (a) The subdivider has agreed with the body taking final action on the tentative map that he

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County of Tulare, CA § 7-01-2070

TULARE COUNTY CODE

§ 7-01-2085

will enter into an agreement with the County to construct said improvements, as specified in section 7-01-1770 of this Chapter; or

• (b) The body taking final action on the tentative map has determined that construction of such improvements is to be required within a reasonable time following approval of the final map, as specified in section 7-01-1770 of this Chapter and section 66424.6 of the Government Code of the State of California.

Such agreements pertaining to designated remainder parcels shall be subject to all of the same requirements of the Subdivision Map Act and this Chapter which pertain to agreements to construct improvements on the property which is being subdivided.

When the subdivider is not required, and is not willing, to enter into an agreement for the construction of improvements in a designated remainder parcel, pursuant to section 7-01-2070 of this Chapter and section 66424.6 of the Government Code of the State of California, the construction of said improvements will be deferred and section 7-15-1940 et seq. of this Ordinance Code shall govern the construction of said improvements at a later date. Any agreement entered into pursuant to section 7-01-1775 of this Article shall also govern such construction of deferred improvements.

• (a) If the final map conforms to the approved tentative map, the Planning and Development Director shall so certify on the original tracing of the final map. If the final map does not so conform, the Planning and Development Director shall report such fact and the nature of the nonconforming features to the Public Works Director and the Planning and Development Director shall not certify the map until specifically authorized to so do by the body which took final action on the tentative map.

• (b) The Public Works Director shall examine the print of the final map and determine the sufficiency of the affidavits and acknowledgments, the correctness of surveying data, mathematical data and computations, and determine whether the provisions of the Subdivision Map Act and this Chapter have been complied with. One copy of the map shall be returned to the subdivider with notations as to errors or omissions or a statement by the Public Works Director that the map is correct. The subdivider shall provide traverse sheets and work sheets showing the closure of the exterior boundaries of the subdivision and of any irregular blocks and lots.

• (c) Plans, profiles and specifications of proposed improvements shall be submitted to the Public Works Director for approval at the time the prints of the final map are submitted for checking. Such plans and profiles shall show the full details of the proposed improvements, and the improvements shall comply with standards and specifications adopted by the Board of Supervisors.

• (d) If the final map is found to be correct, the matters shown thereon are sufficient and all applicable provisions of the Subdivision Map Act and this Chapter have been complied with, the Public Works Director shall certify his approval on the original tracing of the map.

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County of Tulare, CA

LAND USE REGULATION AND PLANNING

§ 7-01-2085

§ 7-01-2100

Pursuant to section 66473 of the Government Code of the State of California, the Public Works Director shall not disapprove a final map because of a failure to meet or perform a requirement or condition imposed by the Subdivision Map Act or this Chapter if he determines that the failure of the map is a result of a technical and inadvertent error which does not, in his determination, materially affect the validity of the final map. When he finds such a failure which he believes should be waived under this section, he shall call the failure to the attention of the Board of Supervisors at the time the final map is presented to the Board, and the Board shall make the final decision on whether or not said failure shall be waived.

After the final map has been checked and approved and all the certificates which appear on the final map, except the approval certificate of the Board of Supervisors, have been signed, and acknowledged if necessary, the Public Works Director shall file the final map with the Board of Supervisors for approval in accordance with the Subdivision Map Act. The Clerk of the Board of Supervisors shall transmit written notice of the action of the Board to the subdivider, the Planning Commission, Public Works Director, County Health Department, and each public or private agency to which a copy of the tentative map was sent.

Pursuant to section 66499.7 of the Government Code of the State of California, the Public Works Director shall have the power to release or reduce the improvement security deposited by the subdivider, pursuant to the following restrictions:

• (a) Improvement security securing payment to the contractor, his or her subcontractors and to persons furnishing labor, materials, or equipment may, after passage of the time within which claims of lien are required to be recorded pursuant to Article 3 (commencing with section 3114) of Chapter 2 of Title 15 of Part 4 of Division 3 of the California Civil Code, and after completion and acceptance of the work, be reduced to an amount not less than the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the Board of Supervisors. If no such claims have been recorded and filed with the Board of Supervisors, such improvement security may be released in full.

• (b) Improvement security given for the faithful performance of the work required by the agreement may be reduced from time to time during the course of the work. The Public Works Director shall not at any time reduce such security below an amount which will adequately secure the performance of the remainder of the required work. For the period of one (1) year after the completion and acceptance of the work, ten percent (10%) of the security for faithful performance shall be retained by the Public Works Director to cover the cost of correcting any defective work or labor done, or defective materials furnished, in constructing said improvements. At the end of said one (1) year period, the Public Works Director may release all of said improvement security except such amount as may then be required to insure the correction of any defects in the labor and materials furnished which have appeared within said one (1) year period.

Upon completion of the required improvements by the subdivider, the Public Works Director

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County of Tulare, CA § 7-01-2100

TULARE COUNTY CODE

§ 7-01-2100

shall make a final inspection of the subdivision. If it is found upon inspection that all improvements have been installed in accordance with approved plans and specifications, the Public Works Director shall transmit a letter indicating such findings to the Board of Supervisors, and the Board of Supervisors shall thereafter accept said improvements.

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County of Tulare, CA

LAND USE REGULATION AND PLANNING

§ 7-01-2150

§ 7-01-2185

ARTICLE 15 PARCEL MAPS

The purpose of this Article is to establish the requirements and procedures for processing subdivisions, as that term is defined herein, under the circumstances where the parcel map procedure is authorized by sections 66426 and 66428 of the Government Code of the State of California.

"Subdivision," as used in this Article, shall be as defined in section 66424 of the Government Code of the State of California except that this term shall also include divisions, as otherwise defined therein, which are for the purpose of conveyance of real property by gift.

The requirements and procedures set forth in this Article are supplemental to the Subdivision Map Act.

"Lot," as used in this Article, means a parcel of land under one ownership which is used, or susceptible of being used, in accordance with the regulations of this Chapter and in accordance with the regulations of the applicable zoning ordinances of the County.

"Original parcel," as used in this Article, means a contiguous area of land at the time of division, in one or a common ownership, any portion or all of which is proposed to be divided under this Article.

The term "forty (40) acres," as used in this Article, shall be deemed in every case to mean one sixteenth of a section of land if the section contains less than the usual six hundred forty (640) acres.

As used in this Article and in any other Article of this Part, which provides that such dedication shall not exceed the dedication required for parcel maps by this Article, "dedication of right of way" includes irrevocable offer of dedication. However, if immediate acceptance of the right of way is deemed by the Public Works Director to be necessary to accommodate construction of non deferred improvements required by this Chapter, including but not limited to curb and gutter, road widening and utility relocation, then "dedication of right of way" shall refer only to actual dedication of right of way.

Except as otherwise provided in this Article, the general requirements for approval of

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County of Tulare, CA § 7-01-2185

TULARE COUNTY CODE

§ 7-01-2210

subdivisions for which tentative and final subdivision maps are required are equally applicable to parcel maps filed pursuant to this Article and any findings required shall be made by the Site Plan Review Committee.

Except as otherwise expressly provided, all of the provisions and requirements of this Article, including the requirements for dedications and improvements, shall be applicable to designated remainder parcels as well as to other lots included in a parcel map.

All lots to be created by the parcel map shall conform to all of the applicable zoning and building ordinances of the County and shall comply with all of the general requirements for lots in other subdivisions as set forth in this Chapter, except as otherwise set forth in this Article.

Notwithstanding the provisions of section 7-01-2195 of this Article, and except as otherwise provided in section 7-01-2210 of this Article, a parcel map may be approved even though one or more of the parcels to be created will not abut on or have direct access to a County road, provided that the original parcel prior to division has a minimum frontage of ninety six (96) feet abutting on an existing County road and the following requirements are complied with:

• (a) A private easement for vehicular access is in existence, or will be made available, to serve each parcel. Such private easement shall meet the requirements set forth in section 7-01-2230 of this Article.

• (b) The parcel, which abuts upon a County road and also on a private easement for vehicular access shall have a minimum width of seventy (70) feet and minimum depth of one hundred (100) feet exclusive of said easement or road right of way.

For those parcels, which will abut only on said private easement and will not abut on a County road, the applicant shall specify the side of the parcel that he deems to be the front of the parcel. All setbacks and other computations under this Chapter and other zoning and planning ordinances shall be based on this designation by the applicant.

Notwithstanding the provisions of section 7-01-2195 of this Article, and except as otherwise provided in section 7-01-2210 of this Article, a parcel map may be approved even though the original parcel does not have any frontage on a County road if a private easement for vehicular access is in existence, or will be made available, from every parcel to be created by the division of land to a County road. Such private easements shall meet the requirements set forth in section 7-01-2230 of this Article.

The provisions of sections 7-01-2200 and 7-01-2205 of this Article shall not apply to any parcel being created which is located within the boundaries of an urban improvement area, as established by the General Plan, as such boundaries exist at the time of approval of the tentative map. All lots created within any such urban improvement area shall have frontage on a County

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County of Tulare, CA

LAND USE REGULATION AND PLANNING

§ 7-01-2210

§ 7-01-2230

road.

Except as otherwise provided in this Article, the person applying for approval of a parcel map shall make all of the same dedications and improvements that are required under this Chapter for other subdivisions, and the improvement standards referred to in section 7-01-2025 of this Chapter shall be applicable to all such improvements. Such improvements shall include, but are not limited to, street improvements, domestic water supply and a sewage disposal system. However, no dedications or improvements shall be required with regard to any parcel to be created, which will have an area of ten (10) acres or more except as follows:

• (a) Private easements for vehicular access shall be improved in accordance with the requirements of this Article.

• (b) Dedication of right of way to the County for new roads shall be required in order to provide adequate access to the lots being created and the subdivider shall be required to improve such right of way dedicated to the County. This subsection does not require the subdivider to dedicate right of way to widen an existing County road.

When a person applying for approval of a parcel map is required to dedicate additional right of way to the County, and the original parcel is located only on one side of a County road, he shall be required to dedicate additional right of way which does not exceed one half (1/2) of the ultimate width of the right of way as specified for road classifications in the improvement standards which are referred to in section 7-01-2025 of the Ordinance Code. Said one half (1/ 2) of the ultimate width of the right of way shall be measured from the center line of the road as originally dedicated, except in the case where the original dedication was intended to be less than a full width street in which case the Public Works Director will determine the center line to be used as the basis for the additional dedication. The fact that more than one half (1/2) of the ultimate right of way of such road will come from the property being divided shall not be a basis for requiring a dedication of a wider parcel.

The person applying for approval of a parcel map shall not be required to remove existing improvements such as buildings, pumps and other structures or facilities from right of way which is dedicated to the County for road purposes pursuant to the Article prior to making the dedication, and such improvements may remain until road construction work requires that they be removed. In those cases, where the County rather than a private person, is required to perform the road construction work, the County shall be entitled to remove and dispose of said existing improvements at such time as it desires to perform work within such right of way, without any payment to the grantor or his successors in interest for such improvements. The Public Works Director shall, at least sixty (60) days prior to removal of said improvements, send a written notice of intention to remove said improvements to the owner of said improvements as shown on the last equalized assessment roll.

• (a) Unless provided otherwise in the General Plan, any specific plan, or the improvement

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County of Tulare, CA § 7-01-2230

TULARE COUNTY CODE

§ 7-01-2230

standards of Tulare County, referred by Section 7-01-2025 of this Ordinance, the minimum easement width and pavement width for private easements for vehicular access shall be as follows:

• (1) Number of parcels to be served which do not have the required minimum frontage on a County maintained road:

==> picture [377 x 98] intentionally omitted <==

----- Start of picture text -----
Number Easement Width Pavement Width
1 18’ 10’
2 18’ 16’
3 20’ 18’
4 26’ 20’
----- End of picture text -----

• (2) Notwithstanding (1) above, any private road serving two parcels in a State Responsibility Area shall have a minimum easement width of twenty (20) feet and a minimum pavement width of eighteen (18) feet.

• (3) If more than four (4) parcels will be served which do not have the minimum required frontage on a County maintained road, the easement and pavement width shall be the same as set forth in the standards referred to in Section 7-01-2025 of this Chapter for the category of County road that it would be classified if it were being dedicated to the County.

• (b) Instead of paving a private easement for vehicular access, a graded travel way, which is the same width as the pavement width set forth in subsection (a) above, may be provided if all of the following requirements are met:

  • (1) Four (4) or less parcels will be served, each of which is forty (40) acres or more in area, or only one (1) or two (2) parcels will be served regardless of their size.

  • (2) The road to be graded is an existing easement for access to the parcels being created and has been in existence for five (5) years or more.

  • (3) The Public Works Director has waived the requirement that an irrevocable offer of dedication be made with regard to the easement to be graded, pursuant to Section 7-01-2235 of this Article.

• (c) The maximum length of private easements for vehicular access, when they constitute cul de sacs or dead end streets, shall be as follows:

  • (1) If any parcel created, which does not have the required minimum frontage on a County maintained road, is less than ten (10) acres in area, the length of the easement shall not exceed one thousand (1,000) feet in mountainous areas and six hundred sixty (660) feet in nonmountainous areas.

  • (2) If all parcels created, which do not have the required minimum frontage on a County maintained road, are ten (10) acres or more in area, including any portion of the parcel subject to an easement for vehicular access, the length of the easement shall not exceed one thousand three hundred twenty (1,320) feet in mountainous areas and eight hundred (800) feet in nonmountainous areas.

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County of Tulare, CA

LAND USE REGULATION AND PLANNING

§ 7-01-2230

§ 7-01-2245

• (3) Regardless of the provisions of paragraphs (1) and (2) hereinabove, if the private easement for vehicular access is allowed to be graded, pursuant to subsection (b) hereinabove, there shall be no maximum length for the easement.

• (d) When improvements are required by this section for private easements for vehicular access, said improvements shall be constructed in conformity with the standards referred to in section 7-01-2025 of this Chapter, including any modifications thereof by the Site Plan Review Committee made to ensure conformity with the General Plan or approved through the exception procedure set forth in Article 19 of this Chapter.

• (e) When required by Section 7-01-1300 of this Chapter, the subdivider shall make provision for the future maintenance and repair of all private easements for vehicular access required by this Article. Evidence of such provision shall be provided to the County at the time of filing the final map in the manner set forth in subsection (e) of Section 7-01-1960 of this Chapter except that if waiver of the filing of a final map is requested by the subdivider, such evidence shall be filed prior to approval of the waiver by the Site Plan Review Committee.

In any case where a person applying for approval of a parcel map proposes that a private easement for vehicular access serve as the means of access to a parcel, in accordance with sections 7-01-2200, 7-01-2205 and 7-01-2230 of this Article, he shall also make an irrevocable offer to dedicate a County road over the same alignment. Such irrevocable offer shall be made when an existing private easement is to serve as access as well as when a new private easement is being created. Such offer of dedication of a County road shall be for a road width, which meets the requirements and standards established for subdivisions for which final subdivision maps are required. Such offer of dedication will not be accepted by the Board of Supervisors until such time as it appears necessary or desirable to have a County road at that location. The person applying for approval of a parcel map shall only be required to make improvements in accordance with the requirements for private easements for vehicular access rather than the standards for County roads. The form of such offer to dedicate shall comply with the provisions of section 7-01-2425 of this Article. The provisions of section 7-01-2225 of this Article shall be applicable to any improvements located on the property, which is subject to the offer to dedicate after the offer to dedicate has been accepted. If, in any case, the Public Works Director determines that it would not be beneficial for the County, or a city that might be the successor in interest to the County, to have a public road at such a location, he may waive such an offer to dedicate.

Fire hydrants may be required in the area being divided if the lots are served by a community water system and if the County Fire Chief so recommends. Fire hydrants shall be designed and installed in accordance with the standards referred to in section 7-01-2025 of this Chapter, Appendixes B and C of the 2007 California Fire Code and National Fire Protection Association (NFPA) 1142, 2007 Edition.

(Amended by Ord. No. 3407, effective 6-3-10)

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County of Tulare, CA § 7-01-2245

TULARE COUNTY CODE

§ 7-01-2270

In cases where individual sewage systems are proposed in mountainous areas, the lots shall be deemed to be in the "poor soils" category as defined in section 7-01-1335 of this Chapter and the minimum lot sizes shall be as indicated for "poor soils" on the Slope/Area Diagram contained in section 7-01-1330 of this Chapter. Reclassification of the soils category to "questionable" or "acceptable soils" may be approved by the Site Plan Review Committee provided substantiating technical data, prepared by a registered engineering geologist, registered geologist or a registered civil engineer, has been submitted by the applicant.

Curbs and gutters shall be required on all lots created by the parcel map fronting on County roads, except for any lot that comes within any of the following exceptions:

• (a) Any lot containing more than two and one half (2 1/2) acres.

• (b) Any lot located in a mountainous area.

(c) Any lot located outside of the urban improvement areas established by the General Plan. If a lot has more than two hundred (200) feet of frontage on a County road, then two hundred (200) lineal feet of curbs and gutters shall be provided on the County road at the location designated by the Site Plan Review Committee. On lots that have frontage on more than one County road, curbs and gutters shall be provided on each road and a maximum of two hundred (200) lineal feet of curbs and gutters are required on each road.

Regardless of the provisions of section 7-01-1240 of this Chapter, sidewalks shall not be required to be provided except under the same circumstances and in the same locations where curbs and gutters are required to be constructed under section 7-01-2250 of this Article. However, if curbs and gutters are already in existence, then sidewalks shall be required in accordance with section 7-01-1240 of this Chapter.

Utility easements for the location of overhead or underground utilities shall be required at such locations as may be necessary to provide the lots to be created with electric power, sewer lines, gas lines, street lighting and communications.

Regardless of the provisions of sections 7-01-1435 and 7-01-2010 of this Chapter, the subdivider is not required to provide street lights or ducts for street lights.

Areas, which are located within a floodway or selected flood lines or which are otherwise subject to ponding of surface water shall not be divided under this Article unless they come within one or more of the following provisions:

(a) The parcels to be created each have sufficient area which is not subject or flooding or

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County of Tulare, CA

LAND USE REGULATION AND PLANNING

§ 7-01-2270

§ 7-01-2285

ponding to provide an adequate area for any intended residences, commercial or industrial structures, or other buildings or structures proposed to be constructed on each parcel, including individual wells and/or sewage disposal systems needed in connection with such structures.

• (b) The purpose of the parcel map proceeding is to convey or lease land to an abutting property owner for the purpose of enlarging his parcel.

• (c) The owner is willing to take necessary measures to prevent the flooding or ponding as provided in Section 7-01-1470 of this Chapter. The County Public Works Director shall review the measures proposed to be taken to prevent flooding or ponding and shall report to the Site Plan Review Committee on the adequacy of such measures. If the owner is required to grade building pads or fill the site above the elevation of the selected flood, the certificate required in Section 7-01-2035 shall also be required.

• (d) All of the parcels being created are already completely developed with residential, commercial or industrial structures and there is no evidence of present intent to build other structures on the property.

Areas which are subject to slides or other similar hazards to public safety shall not be divided under this Article unless they come within one or more of the following provisions:

• (a) The parcels to be created each have sufficient area which is not subject to slides or other similar hazards to provide an adequate area for any intended residences, commercial or industrial structures, or other buildings or structures proposed to be constructed on each parcel.

• (b) The purpose of the parcel map proceeding is to convey or lease land to an abutting property owner for the purpose of enlarging his parcel.

• (c) The owner is willing to take necessary measures to prevent such slides or other similar hazards, under the direction of a registered engineering geologist, soils scientist or registered civil engineer.

• (d) All of the parcels being created are already completely developed with residential, commercial or industrial structures and there is no evidence of present intent to build other structures on the property.

Prior to submitting a tentative parcel map, a subdivider shall submit a preliminary map of the subdivision to the Planning and Development Director in accordance with Article 7 of this Chapter, if the subdivision comes within any of the following categories:

• (a) All or a portion of the proposed subdivision is located within the boundaries of a zone, established pursuant to the Zoning Ordinance, which requires a site plan review for parcel maps.

• (b) A vesting tentative map is to be filed for the parcel map in accordance with Chapter 4.5 of Division 2 of Title 7 of the Government Code of the State of California.

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County of Tulare, CA § 7-01-2285

TULARE COUNTY CODE

§ 7-01-2290

• (a) A tentative parcel map is required for all subdivisions for which a parcel map is required by the Subdivision Map Act. The tentative parcel map shall be delivered to the Planning and Development Director prior to the completion of final surveys of streets and lots and before any grading or construction work is begun.

• (b) Twelve (12) copies of the tentative parcel map shall be delivered to the Planning and Development Director.

• (c) At the time of delivering the tentative parcel map, the applicant shall pay to the Planning and Development Director the applicable filing fee set forth in Article 5 of this Chapter to defray the expenses incidental to processing the map.

• (d) The tentative parcel map shall not be deemed to be filed until the Planning and Development Director has made the review authorized by section 65943 of the Government Code of the State of California and has determined whether the map and accompanying documents are complete. When the Planning and Development Director has determined that said map and documents are complete, and transmitted the written notice that the map and documents are complete, or when the thirty (30) day period has expired, all as set forth in said section 65943, the tentative parcel map shall be deemed to be filed. If the Planning and Development Director notifies the subdivider that the map and documents are not complete, the tentative parcel map shall not be deemed to be filed until the Planning and Development Director determines that all information required by the notice has been provided by the subdivider.

• (e) Notwithstanding the provisions of subsection (d) of this section, the tentative parcel map shall not be deemed to be filed for the purposes of section 7-01-2315 of this Article until the environmental documentation required by the Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq.) have been completed in accordance with the Tulare County Guidelines for implementing said Act.

The tentative parcel map shall be legibly drawn, in pencil or ink, and shall use a decimal or an engineer’s scale of not less than one (1) inch equals one hundred (100) feet unless the Planning and Development Director determines that a different scale will be adequate and appropriate for the tentative map. The size of each sheet shall be eleven (11) by seventeen (17) inches unless a larger sheet is required in which event sheets, which are eighteen (18) by twenty six (26) inches, shall be used. The tentative map shall clearly show the following information:

• (a) The dimensions and boundaries of the original parcel, with a legal description of the original parcel attached to the map.

• (b) The dimensions, computed area and boundaries of each parcel to be created.

• (c) All existing surface and underground structures and improvements located on the original parcel together with the exterior dimensions of said structures and improvements, the distance between structures and improvements, the number of stories or the height of each structure and the distance from the structures and improvements to the boundary lines of the lots which are to be created by the proposed division of land.

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County of Tulare, CA

LAND USE REGULATION AND PLANNING

§ 7-01-2290

§ 7-01-2290

• (d) The names, locations and widths of all existing and proposed streets abutting the original parcel.

• (e) The location, purpose and width of all existing and proposed easements and the names of the owners and proposed owners of the easements. Easement boundaries shall be shown by means of a dotted line.

• (f) Sufficient elevations and contours to determine the general slope of the land and the high and low points thereof shall be shown. If the natural ground slope exceeds twenty percent (20%), contours shall be shown at a minimum of ten (10) foot intervals; provided, however, that if the parcels being created total forty (40) acres or more, contour data from United States Coast and Geodetic Surveys may be submitted instead. Bluffs, knolls, rock outcroppings or other significant characteristics of the terrain, which may have an effect on lot design or installation of improvements shall be shown and properly labeled.

• (g) Approximate locations of all areas subject to flooding or ponding of surface water, the location, width and direction of flow of all watercourses and the location of floodways and/ or selected flood lines. The elevation of the base flood shall also be provided for any parcel, which is less than five (5) acres in size.

• (h) Existing use or uses of the property.

• (i) Proposed use of the property and, if property is proposed to be used for more than one purpose, the areas proposed for each type of use.

• (j) Statement of the improvements and public utilities proposed to be made or installed and the time at which such improvements are proposed to be completed.

• (k) North point, scale and date of preparation.

• (l) Provisions for sewage disposal.

• (m) The proposed water supply. If water is to be furnished from a source other than from wells or springs within the individual lot or lots, a letter from the utility company which will serve the lots shall accompany the plat stating that adequate water is available and can be furnished to each lot.

• (n) The names, addresses and telephone numbers of the property owners, the person filing the map, and the registered civil engineer or licensed land surveyor, if any, who prepared the map.

• (o) The names and addresses of all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the tentative parcel map.

• (p) If a vesting tentative parcel map is to be filed, it shall be accompanied by such additional information, plans and documents as may be required by the Site Plan Review Committee in its report on the design conference for the preliminary parcel map required by Section 7-01-1635 of this Chapter. In addition, a vesting tentative parcel map shall show thereon the same information required for vesting tentative maps in Section 7-01-1710 of this Chapter.

• (q) Such other information as the Planning and Development Director determines is necessary

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County of Tulare, CA § 7-01-2290

TULARE COUNTY CODE

§ 7-01-2310

for the Site Plan Review Committee to properly consider the proposed division of land.

• (a) Unless a preliminary map is required by section 7-01-2280 of this Article, the tentative parcel map shall be accompanied by six (6) copies of a preliminary geological hydrological report, which complies with the requirements of section 7-01-1610 of this Chapter. In those cases where a preliminary parcel map was filed pursuant to section 7-01-2280, and the Site Plan Review Committee so requires, the tentative parcel map shall be accompanied by six (6) copies of a final geological hydrological report, which complies with the requirements of section 7-01-1725 of this Chapter.

• (b) If the Planning and Development Director determines, at the time the tentative parcel map is filed, that sufficient accurate information is already available with regard to any or all of the matters to be covered in the preliminary geological hydrological report, he may waive a report on such matters.

• (c) If, after reviewing the preliminary geological hydrological report, the Site Plan Review Committee determines that further information is necessary to properly evaluate any or all of the matters contained in the preliminary report, the Site Plan Review Committee may require the preparation and filing of a final geological-hydrological report covering such matters. Such final report shall comply with the requirements of section 7-01-1725 of this Chapter. Determination as to the location and number of test wells for a parcel map shall be made by the Site Plan Review Committee following the same procedures specified in section 7-01-1725 to be followed by the Planning and Development Director for other subdivisions. If such a final report is required after the filing of the tentative parcel map, the deadline for taking action on the tentative parcel map is extended until ten (10) days after such report is filed with the Site Plan Review Committee.

At the time of filing a preliminary or final geological-hydrological report the subdivider shall pay the initial fee set forth in Article 5 of this Chapter to the Planning and Development Director to defray the expenses of the County Health Officer in reviewing the report. The County Health Officer shall keep accurate records of the actual costs associated with the review. Upon completion of the review and approval of the report, the Health Officer shall bill the subdivider for the actual costs of the review in excess of the initial fee and the subdivider shall pay the cost thereof to the Health Officer. The Site Plan Review Committee shall withhold action on the tentative parcel map pursuant to Section 7-01-2320 of this Article until the fee for the Health Officer’s review of the preliminary or final geological hydrological report is paid.

At least ten (10) days prior to the hearing before the Site Plan Review Committee on the tentative parcel map, the Planning and Development Director shall publish and give notice of such hearing in accordance with the provisions of section 66451.3 of the Government Code of the State of California.

• (a) If a school district in which the proposed subdivision is located has made the findings

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County of Tulare, CA

LAND USE REGULATION AND PLANNING

§ 7-01-2310

§ 7-01-2325

specified in Section 7-21-1015 of this Ordinance Code and the Board of Supervisors has concurred in such findings and determined the fees payable by a developer in accordance with Sections 7-21-1020 and 7-21-1040 of this Code, the Site Plan Review Committee shall not approve the tentative parcel map without finding that the fees previously determined by the Board are required, and imposing such fees as a condition of approval.

• (b) The subdivider may appeal the requirement of fees to the Board of Supervisors in accordance with Section 7-21-1030 of this Ordinance Code.

The Site Plan Review Committee shall hold its public hearing and review and approve, conditionally approve or disapprove the tentative parcel map within thirty (30) days after the date of filing with the Planning and Development Director. The date of filing the tentative parcel map shall be determined in accordance with section 7-01-2285 of this Article. Said time limits may be extended by mutual consent of the Site Plan Review Committee and the applicant.

• (a) The Site Plan Review Committee established pursuant to Section 16.2 of the Zoning Ordinance is hereby authorized to approve, conditionally approve or disapprove tentative parcel maps.

• (b) If the Site Plan Review Committee determines that the tentative parcel map complies with all of the provisions of this Article, it shall approve the map.

• (c) If the tentative parcel map fails to meet one or more requirements set forth in this Article, the Site Plan Review Committee may approve the map subject to such conditions as may be necessary to conform to such requirements.

• (d) When approving or conditionally approving a tentative parcel map, the Site Plan Review Committee shall specify the dedications and improvements to be made by the subdivider.

• (e) Within seven (7) days after the action by the Site Plan Review Committee, written notice of the action by the Committee shall be mailed to the subdivider. If the subdivider is not the owner, a copy of the written notice shall also be mailed to the owner.

• (f) Upon approval of the tentative parcel map by the Site Plan Review Committee, the tentative parcel map shall be so marked and all conditions of approval and required dedications and improvements clearly specified on or with the map. Copies of the approved tentative parcel map shall be filed with the Planning and Development Director, the County Health Department and the County Public Works Director. If the tentative parcel map is a vesting tentative parcel map, a copy of the approved map shall also be filed with the Board of Supervisors.

Pursuant to section 66473 of the Government Code of the State of California, the Site Plan Review Committee shall not disapprove a tentative parcel map because of a failure to meet or perform a requirement or condition imposed by the Subdivision Map Act or this Chapter if the Committee determines that the failure of the map is a result of a technical or inadvertent error which does not, in the determination of the Committee, materially affect the validity of the map.

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County of Tulare, CA § 7-01-2325

TULARE COUNTY CODE

§ 7-01-2350

A decision by the Committee on such a matter is subject to an appeal to the Board of Supervisors pursuant to section 7-01-2350 of this Article.

At the time of action on the tentative parcel map, the Site Plan Review Committee shall attempt to negotiate an agreement with the subdivider for the construction of required offsite and onsite improvements pursuant to sections 66411.1 and/or 66424.6 of the Government Code of the State of California. If such an agreement cannot be reached, the Site Plan Review Committee may nonetheless determine that such improvements are to be required within a reasonable time following the approval of the final parcel map on the grounds specified in said sections 66411.1 and/or 66424.6.

When the construction of an offsite improvement or an improvement which serves or is located on more than one parcel is being deferred, the Site Plan Review Committee may require the subdivider to enter into an agreement with the County specifying that the owners of certain parcels shall construct such deferred improvement, and any other terms and conditions which are necessary to effectively carry out the deferred improvement and which are fair and equitable to the subsequent owners of the several parcels.

The Site Plan Review Committee is hereby assigned the responsibility to take action on a tentative parcel map on the grounds set forth in sections 66473.5, 66474, 66474.01, 66474.4 and 66474.6 of the Government Code of the State of California.

In determining whether to approve or disapprove a tentative parcel map, the Site Plan Review Committee shall determine if the siting criteria for specified hazardous waste facilities established in Sections 7.2 and 7.3 of the Tulare County Hazardous Waste Management Plan are applicable to the subdivision. If the siting criteria are applicable, the tentative parcel map shall not be approved unless the Site Plan Review Committee finds, based upon substantial evidence in the record, that the subdivision is consistent with said siting criteria.

• (a) Except as herein provided, all appeals regarding tentative parcel maps shall be subject to the provisions of section 165 of the Ordinance Code.

• (b) In accordance with section 66452.5 of the Government Code of the State of California, a subdivider or any other interested person adversely affected by a decision of the Site Plan Review Committee may appeal to the Board of Supervisors. Such an appeal shall be in writing and shall be filed with the Clerk of the Board of Supervisors within ten (10) calendar days after the action of the Committee from which the appeal is being taken. The action of the Committee shall be final unless such an appeal is filed within said ten (10) day period.

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County of Tulare, CA

LAND USE REGULATION AND PLANNING

§ 7-01-2350

§ 7-01-2365

• (c) Upon the filing of an appeal, the Board of Supervisors shall set the matter for hearing. The hearing shall be held within thirty (30) days after the date of filing the appeal. The Clerk of the Board of Supervisors shall notify the appellant, the subdivider if he or she is not the appellant, and the Planning and Development Director of the time set for the hearing. Notice of the hearing shall also be given by the Clerk of the Board of Supervisors in the same manner as that required for hearing before the Site Plan Review Committee.

• (d) Following the conclusion of the hearing, the Board of Supervisors shall render its decision on the appeal within the time provided in section 66452.5 of the Government Code of the State of California. The decision shall comply with the provisions of sections 66473, 66473.5 and 66474 of the Government Code and shall include any findings required by such sections, and such other findings as are appropriate. The Board of Supervisors may sustain, modify, reject or overrule any rulings of the Site Plan Review Committee.

Major and minor revisions in the approved tentative map may be made pursuant to the procedure set forth in Article 11 (commencing with section 7-01-1865) of this Chapter.

The requirements of this Article for the filing and approval of a final parcel map may be waived by the Site Plan Review Committee if the property to be divided comes within any of the following categories:

• (a) Any parcel or parcels of land to be divided into four (4) or less parcels, each of a gross area of ten (10) acres or more.

• (b) Any parcel or parcels of land to be divided into parcels, each of a gross area of forty (40) acres or more.

• (c) Any parcel of land which is being divided into two (2) parcels, regardless of size, when the original parcel has frontage on an existing public road and no portion of the parcel is located within the Urban Area Boundary of a city or unincorporated area as established by the Urban Boundaries Element of the General Plan.

• (d) Any parcel which is being divided for the sole purpose of conveying property to an adjoining property owner.

The subdivider may file an application for a waiver of the final parcel map with the Planning and Development Director at the time of filing the tentative map; provided, however, that in no case may an application for waiver be filed in conjunction with a vesting tentative map. The Planning and Development Director shall prescribe the form of the application for such a waiver. The application shall be accompanied by the applicable fee set forth in Article 5 of this Chapter to defray the expenses of processing the application.

• (a) At the same time that it takes action on the tentative parcel map, the Site Plan Review Committee shall also act on the application for a waiver of the requirement that a final map be filed and approved. The Site Plan Review Committee shall approve the waiver only if it finds that the proposed division of land complies with all requirements of the Subdivision Map Act and this Chapter as to area, improvement and design, flood water drainage control,

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County of Tulare, CA § 7-01-2365

TULARE COUNTY CODE

§ 7-01-2375

appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and all other requirements of State law and this Chapter with regard to a subdivision of the type proposed. In all other cases the Site Plan Review Committee shall disapprove the application for waiver. The Site Plan Review Committee shall give the applicant written notice of its action on his application for a waiver and, if the application is disapproved, advise him of the reasons for disapproval.

• (b) The waiver shall not be effective until the Site Plan Review Committee causes to be filed for record a copy of the resolution of said Committee approving the tentative parcel map and waiving the requirements for the filing and approval of a final parcel map, in accordance with section 66411.1 of the Government Code of the State of California. The resolution shall contain a legal description of each parcel shown on the tentative parcel map approved by the Committee. Said resolution shall not be recorded until the appeal period specified in section 7-01-2350 of this Article has expired without an appeal having been filed and, if an appeal is filed, said resolution shall not be recorded until the termination of the appeal proceedings.

• (c) Whenever property included in a tentative parcel map for which a waiver of final parcel map is requested is subject to a lien for taxes or special assessments which are not payable, the Committee Resolution identified in paragraph (b) above shall not be recorded until the owner or subdivider executes and files with the Clerk of the Board of Supervisors the same security for the payment of said taxes and special assessments as is required for final maps and parcel maps pursuant to section 66492 and 66493 of the Government Code of the State of California. Said security shall be held, applied and released in full compliance with the procedures applicable to such maps under section 66494 of the Government Code of the State of California.

If a requested waiver of the final parcel map is disapproved by the Site Plan Review Committee, the applicant may appeal to the Board of Supervisors within the time limits and pursuant to all of the same procedures and requirements set forth in section 7-01-2350 of this Article. After the hearing, the Board of Supervisors may affirm or reverse the action of the Site Plan Review Committee.

• (a) The time limits for an approved or conditionally approved tentative parcel map shall be the same as set forth in section 66463.5(a) of the Government Code of the State of California; provided, however, that the provisions of said section 66463.5(a), as amended by Chapter 923 of the Statutes of 1982, shall be fully applicable to any tentative parcel map which was approved or conditionally approved prior to January 1, 1982, provided that such maps have not expired before said date.

• (b) The initial time limits for the rights conferred by an approved vesting tentative parcel map as provided by Chapter 4.5 (commencing with section66498.1) of Division 2 of Title 7 of the Government Code of the State of California shall be the same as set forth in subsection (a) of this section for approved tentative parcel maps. This initial time limit may be extended in the manner provided for approved tentative parcel maps in Section 7-01-2380 of this Chapter, but in no case shall exceed one (1) year beyond the recording of a parcel map unless more time is authorized pursuant to subdivisions (g) and (h) of section 66452.6

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County of Tulare, CA

LAND USE REGULATION AND PLANNING

§ 7-01-2375

§ 7-01-2405

of the Government Code.

If the subdivider requests an extension of time for the expiration of an approved tentative parcel map, pursuant to section 66463.5 of the Government Code of the State of California, the applicable filing fee set forth in Article 5 of this Chapter shall be paid to the Planning and Development Director to defray the expenses incidental to processing the request.

The final parcel map shall be prepared in accordance with the approved tentative parcel map and the Subdivision Map Act by a registered civil engineer or licensed land surveyor and shall be filed with the Public Works Director. At the time of filing the final parcel map, the applicant shall pay the applicable fee set forth in Article 5 of this Chapter to defray the expenses of checking the map. Within twenty (20) calendar days after receipt of the final parcel map, or within such additional time as may be reasonably necessary, the Public Works Director shall examine it for the survey information shown thereon, and if he is satisfied that it is technically correct, he shall sign the appropriate certificate on the map.

Pursuant to section 66473 of the Government Code of the State of California, the Public Works Director shall not disapprove a final parcel map because of a failure to meet or perform a requirement or condition imposed by the Subdivision Map Act or this Chapter if he determines that the failure of the map is a result of a technical or inadvertent error which does not, in his determination, materially affect the validity of the final parcel map.

When the parcel map has not been waived pursuant to section 7-01-2360 of this Article, the parcel map shall be based on a field survey of the land conducted in accordance with the Land Surveyor’s Act of the State of California, except for a designated remainder parcel which is exempted from such survey requirements by section 66445 of the Government Code of the State of California.

Monuments for the property included in the final parcel map shall be set in accordance with section 7-01-1985 of this Chapter and sections 66495-66498 of the Government Code of the State of California.

In addition to providing the information required by State law, the final parcel map shall contain the following information:

• (a) Each parcel shall be consecutively numbered.

• (b) Each parcel shall have its area shown to the nearest one hundredth (0.01) of an acre.

• (c) The exterior boundary of the land included within the new parcel or parcels being created

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County of Tulare, CA § 7-01-2405

TULARE COUNTY CODE

§ 7-01-2415

shall be indicated by a blue colored border one eighth (1/8) of an inch in width.

• (d) The parcel map number and name, if any, and date of preparation.

• (e) The net dimensions of each lot. No ditto marks shall be used.

• (f) The names, locations and right of way widths of all abutting public streets.

• (g) The proposed location, purpose and width of all proposed public roads and private access easements.

• (h) The boundaries of any private easement, whether an easement of record or a prescriptive easement, shall be shown by means of a dotted line and the name of the person owning the easement shall be shown on the map.

• (i) Location and widths of easements for public utilities, if required.

• (j) The location and widths of easements for drainage facilities and watercourses, if required.

• (k) A North point and graphic scale.

• (l) Location or vicinity map at a minimum scale of one (1) inch equals one (1) mile.

• (m) Names and addresses of the owners of the property being divided.

• (n) A notation of reference to the additional information required in Section 7-01-2415 of this Article.

• (o) Any additional information which, in the judgment of the body which took final action of the tentative parcel map, affects record title interests shall be shown on the final map.

Subsection (f) of section 66445 of the Government Code of the State of California allows the subdivider to execute a certificate consenting to the preparation and recordation of a final parcel map under certain circumstances. In such a case, if the subdivider does not have record title ownership interest in the property, the subdivider shall provide the Public Works Director with satisfactory evidence that the persons with record title ownership have consented to the proposed division of land.

In accordance with section 66434.2 of the Government Code, the following information shall be filed or recorded simultaneously with the final parcel map. The additional information shall be in the form of a separate document or an additional map sheet which shall indicate its relationship to the final parcel map, and shall contain a statement that the additional information is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest. The document or additional map sheet may also contain a notation that the additional information is derived from public records or reports, and does not imply the correctness of sufficiency of those records or reports by the preparer of the document or additional map sheet.

• (a) Locations and widths of drainage channels, watercourses, selected flood lines and proposed flood control works.

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County of Tulare, CA

LAND USE REGULATION AND PLANNING

§ 7-01-2415

§ 7-01-2435

• (b) Building setback lines, if required by the body, which took final action on the tentative parcel map.

• (c) If a final geological hydrological report and/or a soil investigation report has been prepared, this fact shall be noted, together with the date of the report, the name of the registered civil engineer or geologist making the report, and the location where the report is on file.

• (d) Any additional information which was required to be filed or recorded with the final parcel map by the body which took final action on the tentative parcel map and which does not affect record title interests.

• (a) All parcels of land shown on the final map as intended for public use shall be offered for dedication for public use at the time the final parcel map is submitted to the Public Works Director except those parcels which are intended for the exclusive use of lot owners in the subdivision, their licensees, visitors, tenants and servants.

• (b) All streets, alleys, pedestrian ways, drainage channels, flood control works, easements and other rights of way shown on the final parcel map as intended for public use, except easements for those public utilities regulated by the Public Utilities Commission of the State of California, shall be offered for dedication for public use at the time the final parcel map is submitted to the Public Works Director.

• (c) All rights of access to and from streets, lots and parcels of land shown on the final parcel map which are intended to be surrendered shall be offered for dedication at the time the final parcel map is submitted to the Public Works Director.

When the owner has been required by the Site Plan Review Committee to dedicate or to offer to dedicate property to the County, or the owner desires to make dedications which have not been required, such dedications and offers to dedicate shall ordinarily be made by a certificate on the final parcel map. If the Public Works Director determines that because of the length of the dedication or offer to dedicate, or for other good and sufficient reason, that the dedication or offer to dedicate may be made by a separate instrument accompanying the parcel map, the owner may provide the separate instrument. An offer to dedicate shall be in a form approved by the County Counsel and shall be in such terms as to be binding on the owner, his heirs, assigns or successors in interest, and said offer of dedication shall continue until it has been accepted or rejected. When the owner is required to make improvements on property to be dedicated to the County, the dedication, shall be deemed to be completed, only upon the satisfactory completion of such improvements and acceptance of the improvements by the Board of Supervisors.

Pursuant to section 66463 of the Government Code of the State of California, the Public Works Director is hereby authorized to accept or reject dedications and offers of dedication that are made by certificate on the final parcel map. He shall execute a certificate on the final parcel map stating his action.

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County of Tulare, CA § 7-01-2435

TULARE COUNTY CODE

§ 7-01-2455

• (a) The subdivider shall pay the applicable fee set forth in Article 5 of this Chapter to cover the expense to the County of checking the plans for all improvements required by the County pursuant to this Article and the expense of inspecting the construction of such improvements. The fee shall be based on the estimated total cost of constructing such improvements.

• (b) Said fee shall be paid to the Public Works Director at the time of filing the final parcel map for approval. The estimate of the cost shall be made by the Public Works Director based upon the current cost of similar work performed within the general area where the improvements are to be constructed. If the parcel map is withdrawn or a reversion to acreage map is recorded, the unexpended portion of said fee shall be refunded upon receipt by the Public Works Director of a written application from the subdivider.

If the required improvements, including construction of private easements for vehicular access, have not been completed at the time when the final parcel map is submitted to the Public Works Director, the final parcel map shall not be approved until the subdivider has entered into an agreement with the Board of Supervisors to complete all of the said improvements if:

• (a) The subdivider has agreed with the Site Plan Review Committee that he will enter into an agreement with the County to construct said improvements, as specified in section 7-01-2330 of this Article; or

• (b) The Site Plan Review Committee has determined that construction of such improvements is to be required within a reasonable time following approval of the final parcel map, as specified in section 7-01-2330 of this Article and sections 66411.1 and/or 66424.6 of the Government Code of the State of California.

Said agreement shall be subject to all of the provisions of this Chapter governing such agreements for other subdivisions. In addition, the subdivider shall provide security to guarantee the County the completion of said improvements and said security shall be in the same form, and subject to all of the same conditions, restrictions and other provisions applicable to the similar security required for other subdivisions under this Chapter.

The Board of Supervisors may, by resolution, authorize the Public Works Director and duly authorized employees in his office, to execute, on behalf of the County, the agreement for improvements referred to in section 7-01-2440 of this Article. The Board of Supervisors shall approve a form agreement, which the Public Works Director shall use for this purpose.

When the subdivider is not required, and is not willing, to enter into an agreement for the construction of improvements pursuant to section 7-01-2440 of this Article and sections 66411.1 and/or 66424.6 of the Government Code of the State of California, the construction of said improvements will be deferred and section 7-15-1940 et seq. of this Ordinance Code shall govern the construction of said improvements at a later date. Any agreement entered into pursuant to section 7-01-2335 of this Article shall also govern such construction of deferred improvements.

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County of Tulare, CA

LAND USE REGULATION AND PLANNING

§ 7-01-2455

§ 7-01-2460

When the Site Plan Review Committee has determined that it is not feasible for the subdivider to perform the required improvements within a reasonable time after the approval of the final parcel map, the subdivider and the County may enter into an agreement providing that the subdivider shall make a deposit of money with the County to pay the cost of the work. The Public Works Director shall determine the estimated cost to the applicant of performing the work. When a deposit has been made pursuant to this section, the subdivider shall have no further duties or liabilities in connection with the construction of such improvements. Such a deposit shall be held by the County solely for the performance of the agreed work and if said work has not been completed within five (5) years after the date of execution of the agreement by the Board of Supervisors, the County shall return the money deposited by the subdivider, without interest, to the subdivider, his heirs or assigns. If the territory in which the improvement is to be constructed is annexed to a city prior to the construction of the improvement, the County may offer to transfer to such city all funds theretofore deposited with the County. Any funds so transferred to the city shall be held by the city solely for the performance of the agreed work and shall be returned to the subdivider, his heirs or assigns, if the work has not been performed within said five (5) year period.

When all certificates have been executed, and all other requirements of the Subdivision Map Act and this Article complied with, the Public Works Director shall transmit the final parcel map to the County Clerk/Recorder/Assessor for filing in accordance with the Subdivision Map Act.

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County of Tulare, CA § 7-01-2510

LAND USE REGULATION AND PLANNING

§ 7-01-2525