Tuolumne County Municipal Code Ch. 16.11 Resubdivision

Sections:

• 16.11.010 Resubdivision.
• 16.11.020 Approval required.
• 16.11.030 Procedure.

merged and resubdivided into four or fewer lots or parcels by parcel map, or into five or more lots or parcels by final map, or parcel map where authorized by Government Code section 66426(f), as long as the number of lots or parcels is not increased, except as otherwise provided herein.

A. Resubdivisions resulting in five or more parcels shall comply with the provisions of this subdivision.

1. Except as provided in subsection 2, these resubdivisions shall comply with all the requirements of this Title, which apply to subdivisions created by final map or parcel map instead of the procedures set forth in Section 16.11.030.
2. Resubdivisions of parcels that are within the boundaries of a final map recorded on or after January 1, 1992 shall comply only with the procedures set forth in Section 16.11.030.

B. Resubdivisions resulting in four or fewer parcels are subject to this Chapter, and the parcel map shall comply with all laws and regulations governing the processing, form and content of parcel maps, but shall otherwise be exempt from the requirements of this Title which ordinarily apply to lots or parcels created by parcel map. (Ord. 3290 § 3, 2015; Ord. 2864 § 14, 2007; Ord. 2473 § 1, 2002)

effective, nor may any map seeking to evidence the resubdivision be submitted for recording, nor be recorded, until an application and map are approved as provided in this Chapter. (Ord. 3290 § 3, 2015; Ord. 2473 § 1, 2002; Ord. 2132 § 8 (part), 1996)

A. Processing. An applicant seeking a resubdivision subject to this Section shall submit an application, signed by the owners of the properties being resubdivided, to the County Surveyor with the following:

1. An exhibit map drawn to scale, prepared by or under the direction of a licensed surveyor. The exhibit map shall include the existing and proposed lots or parcels, lot or parcel sizes prior to the proposed resubdivision, lot or parcel sizes after the resubdivision, current assessor parcel numbers, location of existing improvements such as buildings, wells, roads, utilities, easements, approximate location of each sewage treatment and disposal system that is within 100 feet of the lot or parcel lines proposed by the application, the existing Zoning and General Plan designation(s), and, if applicable, the proposed Zoning and General Plan designation(s).
2. If applicable, a letter from each utility company with existing facilities, infrastructure or easements on the lots or parcels to be resubdivided regarding the effect the resubdivision may have on its interests.
3. A current preliminary Title Report or a preliminary Parcel Map or Final Map Guarantee covering all affected lots or parcels. The date of the Title Report or Map Guarantee shall be within 90 days of the date of submittal to the County and shall indorse the names on the Resubdivision application as the vested owners. B. Review. The review shall be limited to ensure the resulting lots or parcels conform to Chapters 13.04, 13.16, 15.04, Section 15.20.060 and Title 17 of this Code, to require prepayment of real property taxes and to facilitate relocation of utility facilities, infrastructure and easements. Review by the Building and Safety Division and Fire Prevention Division is limited to determine whether existing structure(s) will meet building setbacks after the resubdivision on adjusted lines only. The Planning Division’s review for compliance with Title 17 is limited to determine if the proposed lots or parcels comply with the 16-19

minimum lot or parcel size requirement, whether existing structure(s) will meet building setbacks, and whether the resubdivision complies with Section 17.06.035 of this Code.
The Environmental Health Division’s review is limited to determine whether existing wells, septic tanks and leach fields will meet setbacks, and whether the required minimum expansion area for repair of a sewage disposal system will exist on each applicable lot or parcel after the resubdivision. The Engineering Division’s review is limited to determine whether existing utilities, infrastructure, and easements will need to be relocated. No tentative map shall be required as a condition to the approval of the resubdivision. The instrument recorded to create the resubdivision shall be a parcel map or final map, as applicable.
Within 15 calendar days after submittal of a complete application, the advisory agencies shall complete their review. Within 21 calendar days after the completion of review by the advisory agencies, the County Surveyor shall take action to approve, approve with conditions, or deny the application. The advisory agencies are limited to the Tuolumne County Building and Safety Division, Planning Division, Environmental Health Division, Fire Prevention Division and Engineering Division. C. Recording.

1. Any resubdivision approved pursuant to this Chapter shall be evidenced by a County Surveyor’s Decision approving the resubdivision. The approval shall occur prior to the recordation of the parcel map or final map. The parcel map or final map shall be filed for recordation with the County Recorder within 36 months of the approval of the resubdivision. Upon application of the applicant, the County Surveyor may grant extensions for a period or periods not exceeding a total of three (3) additional years. Failure to record the parcel map or final map within the required time shall terminate all proceedings and no parcel map or final map reflecting the resubdivision of the real property shall be recorded without first obtaining approval of a new resubdivision application.
2. Two copies of the parcel map or final map prepared by a licensed surveyor in conformance with the approved exhibit map for resubdivision shall be submitted to the County Surveyor for approval together with: a. The fee for checking the parcel map or final map as set forth in Chapter 3.40 of this Code. b. Closure calculations and supporting documents necessary to check the parcel map or final map.
   c. An updated Title Report, the date of which shall be within 90 days of the date of submittal to the County.
3. Prior to recordation of the parcel map or final map, the applicant shall submit the following: a. Proof that taxes and assessments due and payable on the lots or parcels have been paid and, whenever any part of the lots or parcels is subject to a lien for taxes or special assessments collected as taxes which are not yet payable, proof that the applicant has executed and filed with the County Tax Collector security conditioned upon the payment of all state, county, municipal, and local taxes and the current installment of principal and interest of all special assessments collected as taxes, which at the time the parcel map or final map is recorded are a lien against the property, but which are not yet payable.
   If the applicant deposits cash to secure the payment of the estimated taxes or special assessments required herein, the County Tax Collector shall draw upon the cash deposit, at the request of the taxpayer, to pay the taxes or special assessments when they are payable. b. A request for separation/combination form approved by the County Tax Collector. c. A Parcel Map or Final Map Guarantee. d. If applicable, proof that all the conditions of approval have been satisfied. e. The recording fee as set forth in Chapter 3.40 of this Code.
   (Ord. 3290 §3, 2015; Ord. 3215 § 3; 2013 1996; Ord. 2473 § 1, 2002; Ord. 2314 § 65, 1999; Ord. 2132 § 8 (part) 16-20

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