Tuolumne County Municipal Code Ch. 16.06 General Regulations

Sections: 16.06.010 Interpretation. 16.06.020 Conflict with public and private provisions. 16.06.030 Fees. 16.06.040 Building site. 16.06.050 Consistency with California Environmental Quality Act. 16.06.060 Grounds for denial of tentative map. 16.06.080 Gift deeds. 16.06.090 Conditions. 16.06.100 Improvements. 16.06.110 Security for improvements. 16.06.120 Reimbursement for supplemental improvements. 16.06.130 Appeals. 16.06.140 Amendment of recorded maps. 16.06.150 Legal remedies.

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and application, the provisions of this title shall be held to the minimum requirements for the promotion of the public health, safety, and general welfare. (Ord. 1562 ' 2 (part), 1987).

provisions. A. Public Provisions. This title is not intended to interfere with, abrogate. or annul any other ordinance, rule or regulation, statute or other provision of law. Where any provision of this title imposes restrictions different from those imposed by any other provision of this title or any other ordinance. rule or regulation. or other provision of law, whichever provisions are more restrictive or impose higher standards shall control. Notwithstanding the above, land divisions into parcels of over forty acres for which a tentative parcel map was approved prior to the effective date of the ordinance codified in this title may. in lieu of the road standards previously required, comply with the applicable standards in Title 11. B. Private Provisions. This title is not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of this title are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement or restriction, the requirements of this title shall govern. Where the provisions of the easement, covenant, or private agreement or restriction impose duties
and obligations more restrictive, or higher standards than the requirements of this title, or the determinations of the board in approving a land division or in enforcing these regulations, and such private provisions are not inconsistent with this title or determinations thereunder, then such private provisions shall be operative and supplemental to this title and determinations made thereunder. In no case shall the county take responsibility for enforcing such private provisions. (Ord. 1584 ' 1, 1987; Ord. 1562 ' 2 (part), 1987).

to administer this title shall be submitted to the department of public works or the community development department, as hereinafter required, and shall be in conformance with Title 3. (Ord. 2314 ' 61, 1999; Ord. 1562 ' 2 (part), 1987).

of land pursuant to this title does not guarantee a building site. (Ord. 1562 ' 2 (part), 1987).

Environmental Quality Act. Any measure necessary to mitigate a potentially significant impact as identified in an Environmental Impact Report or initial study prepared under the CEQA Guidelines may be voluntarily implemented by the subdivider or his/her successors in interest, or the map must be denied. Such measures, except when they are requirements of local ordinances, shall be attached to the tentative map as conditions of final approval, or recorded on the final map, or made a part of an approved development agreement, fire hazard reduction plan, use permit, or site development permit. (Ord. 1562 ' 2 (part), 1987).

The board, the director or county surveyor shall deny a tentative map within their respective jurisdiction if any of the following findings are made: A. That the proposed map is not consistent with applicable general and specific plans as specified in Government Code Section 65451; B. That the design or improvement of the proposed land division is not consistent with applicable general and specific plans; C. That the site is not physically suitable for the type of development; D. That the site is not physically suitable for the proposed density of development; E. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; F. That the design of the subdivision or type of improvements is likely to cause serious public health problems; G. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the advisory agency may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to

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easements established by judgment of a court of competent jurisdiction; H. The proposed division of land includes any land or parcel not zoned pursuant to the Tuolumne County Uniform Zoning Ordinance, Title 17 of this code; I. The proposed division of land includes any portion of any parcel under a Tuolumne County land conservation contract which is proposed to be divided into a parcel smaller than thirty-seven acres, subject to Government Code Section 66474.4. (Ord. 2325 ' 7, 2000; Ord. 1562 ' 2 (part), 1987).

deed purposes will require a parcel map or final map according to the number of parcels proposed. (Ord. 2864 § 7, 2007; Ord. 1562 ' 2 (part), 1987).

division of land and the attachment of reasonable conditions to land division is an exercise of valid police power delegated by the state to this county. The subdivider, and all successors in interest, have the duty of compliance with conditions imposed on a tentative map, tentative parcel map, parcel map or final map for design, dedication, improvement, and restrictive use of the land so as to conform to the physical and economical development of the county and to ensure the safety and general welfare of the future parcel owners in the division and of the community at large.

The conditions attached to an approved tentative map, tentative parcel map, parcel map or final map may be amended or eliminated. An application to amend or eliminate a condition or conditions shall be submitted in accordance with the respective procedures established herein for a tentative parcel map or tentative map. An application to amend or eliminate a condition or conditions shall be processed in accordance with the procedures established herein for a tentative parcel map or tentative map, except if the Board approved the map for which one or more conditions are to be amended or eliminated, the Board shall have the exclusive authority to approve, conditionally approve or deny the amendment and or elimination, notwithstanding section 16.24.010. (Ord. 2864 § 8, 2007; Ord. 2296 ' 27, 1999; Ord. 1562 ' 2 (part), 1987).

improve land dedicated for roads, drainage and utility easements, as required by the approved improvement plans, as a condition precedent to the acceptance and approval of the final map.
The required improvements shall be in accordance with the design and improvement standards for parcel and final maps as provided in this title, and with any improvement standards for land divisions as established by the board by resolution or in this code. (Ord. 2864 § 9, 2007; Ord. 1562 ' 2 (part), 1987).

A. If the required improvements are not satisfactorily completed prior to the filing of the map, the advisory agency and the owner may enter into an agreement whereby the owner agrees to complete the improvements within a specified time and, except as provided in the agreement, prior to the issuance of any building, site development or use permits for any parcel shown on the map. The agreement must be recorded and must be noted on the map. Security to guarantee the performance of the agreement shall be provided in the following amounts:

1. One hundred percent of the total estimated cost of the improvement or act to be performed as of the end of the period allowed for completion or performance, conditioned upon the faithful performance of the act or agreement; and

2. An additional amount of fifty percent of the total estimated cost of the improvement or the performance of the required act, securing payment to the contractor, to the subcontractors, and to persons furnishing labor, materials, or equipment to them for the improvements or the performance of the required act; and

3. An amount determined to be necessary to guarantee and warranty the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, which, in the case of roads which are to be accepted into the county maintained system shall be no less than twenty-five percent of the estimated cost of construction; and

4. As a part of the obligation guaranteed by the security and in addition to the face amount of the security, there shall be included

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costs and reasonable expenses and fees, including reasonable attorneys' fees, and administration costs incurred by the county in successfully enforcing the obligations secured. Liability upon the security given for a faithful performance of the act or agreement shall be limited to:

a. The performance of the work covered by the agreement between the subdivider and the county or the performance of any required act; and

b. The performance of any changes or alternations in such work; provided, that all such changes or alterations do not exceed ten percent of the original estimated cost of the improvement; and

c. The guarantee and warranty of the work, for a period of one year following completion and acceptance thereof, against any defective work or labor done or defective materials furnished, in the performance of the agreement with the county or the performance of any required act; and

d. Costs and reasonable expenses and fees, including reasonable attorney’s fees.

B. The required security shall be provided in one of the forms authorized by the Government Code Section 66499 at the option of and subject to the approval of the county. Any faithful performance bond must be in the form set forth in Government Code Section 66499.1 and any laborers and materialman surety bond must be in the form provided in Government Code Section 66499.2.

C. Any security in the form of money, negotiable bond or instrument of credit shall be a trust fund to guarantee performance and shall not be subject to enforcement of a money judgment by any creditors of the depositor until the obligation secured thereby is performed to the satisfaction of the county.

D. Any extension of time granted for delay caused without fault of the subdivider shall not operate to release the improvement security or securities provided. The surety or financial institution providing the security must waive the provisions of Section 2819 of the civil code in this regard.

E. Security given for faithful performance of any act or agreement may be released upon the performance of the act or final completion and acceptance of the required work. Partial release of the security upon partial performance may be approved by the director or county surveyor in a sum equal to the proportion of the work performed except that in no case shall a release in excess of eighty-five percent of the total amount be made until all work has been completed and accepted by formal action of the advisory agency. The determination by the director or county surveyor as to the amount of any partial release shall be final and conclusive.

F. At such time that the subdivider believes that the obligation to perform the work for which security was required is complete, the subdivider may notify the director or county surveyor in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the director or county surveyor shall have 45 days to review and comment or approve the completion of the required work. If the director or county surveyor does not agree that all work has been completed in accordance with the plans and specifications for the improvements, he/she shall supply a list of all remaining work to be completed.

Within 45 days of receipt of the list of remaining work from the director or county surveyor, the subdivider may than provide cost estimates for all remaining work for review and approval by the director or county surveyor.
Upon receipt of the cost estimates, the director or county surveyor shall then have 45 days to review, comment, and approve, modify, or disapprove the cost estimates and make a determination of partial release. The director or county surveyor shall not be required to engage in this process of partial release more than once between the start of work and completion and acceptance of all work.

G. Security securing the payment to the contractor, or his/her subcontractor(s) and to person(s) furnishing labor, materials or equipment may, after passage of the time within which claims of lien are required to be recorded and after acceptance of the work, be reduced to an amount not less than the total claimed by all claimant(s) for whom claim(s) of lien have been recorded and notice thereof given in writing to the county, and if no such claim(s) have been recorded, the security may be released in full.

H. The partial release provision shall not apply to any guarantee or warranty period nor to security for costs and reasonable expenses and fees, including reasonable attorney’s fees. (Ord. 2864 § 10, 2007; Ord. 2325 ' 8, 2000; Ord. 1562 ' 2 (part), 1987).

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improvements. A. When deemed necessary by the county, improvements installed by the subdivider for the benefit of the subdivision shall contain supplemental size, capacity, number or length for property not within the subdivision. These improvements shall be dedicated to the public on the final map or by separate instrument. B. The county shall enter into an agreement with the subdivider to reimburse him/her for that portion of the cost of said improvements, in excess of the construction required for the subdivision. C. Repayment of the costs, as required by the reimbursement agreement, shall be provided by one of the forms authorized by Government Code, Section 66487, at the option of, and subject to, the approval of the county. (Ord. 1562 ' 2 (part), 1987).

shall follow the procedures, as set forth in this section.

A. The board shall have the authority to hear and decide appeals when it is alleged by a subdivider, or any interested person who is adversely affected, there has been an error in any decision made by the director or county surveyor in the administration or enforcement of this title.

B. An appeal shall be filed in writing with the clerk of the board within ten days after the decision of the director or county surveyor which is being appealed, accompanied by the fee set forth in Chapter 3.40. The reasons for the appeal shall be stated. An appeal not submitted in a timely manner will not be considered and will be returned. The clerk of the board shall send a copy of the appeal to the director or county surveyor.

C. The clerk shall schedule a public hearing on the appeal to be held within thirty days after the date of filing the appeal. Notice of the hearing shall be given by the clerk as required by Government Code section 66451.3.

D. An appeal on any aspect of an application submits the entire application to comprehensive (de novo) review and the board shall consider the public record, receive testimony, and make all findings and determinations necessary to approve, conditionally approve, or deny the application.
Upon conclusion of the hearing the board shall, within ten days, issue its findings and decision based upon the testimony and documents produced before it. It may sustain, modify, reject, or overrule any decision of the director or county surveyor, and shall make such findings as are consistent with the provisions of the Subdivision Map Act and county ordinances. (Ord. 2864 § 11, 2007; Ord. 2325 ' 9, 2000; Ord. 2296 ' 28, 1999; Ord. 1562 ' 2 (part), 1987).

After a final map or parcel map is filed in the office of the county recorder, it may be amended by a certificate of correction or an amending
map as set forth in Sections 66469 through 66472.1 of the Government Code. (Ord. 1562 ' 2 (part), 1987).

not bar any legal, equitable or summary remedy to which the county or any aggrieved person, firm or corporation may otherwise be entitled, and the county or any such person, firm or corporation may file a suit in the superior court of California for the county to restrain or enjoin any attempted or proposed division or sale in violation of this chapter. (Ord. 1562 ' 2 (part), 1987)

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