A. The
city engineer shall waive the parcel map for the following:
1. A
division of property resulting from the conveyance of land to or from
a governmental agency, public utility, public entity, or for land
conveyed to a subsidiary of a public utility for conveyance to such
public utility for rights-of-way, unless a showing is made in an individual
case, upon substantial evidence, that public policy necessitates such
a parcel map; or
2. A
subdivision of a portion of the operating right-of-way of a railroad
corporation defined by the
Public Utilities Code, which are created
by short-term leases.
B. The
advisory agency may, upon making a finding that the proposed subdivision
of land complies with requirements of this division and the Subdivision
Map Act, waive a parcel map for the following:
1. A
division of land which is a property line adjustment between two adjacent
lots or parcels as shown on a recorded or filed tract map, parcel
map, or approved record of survey, except where the tentative conditions
of approval thereof require any dedications or improvements;
2. A
division of land for the construction of a condominium project on
a single parcel; or
3. If
the division of real property or interest is created by an action
in probate, eminent domain, or other civil judgments or decrees.
C. Upon
waiving the parcel map requirement, the city engineer shall cause
to be filed with the county recorder a certificate of compliance for
the land to be divided and plat map showing the division.
D. A parcel
map waived by the advisory agency may be conditioned to provide for
the payment of park land dedication, drainage, and other fees approved
pursuant to this division and the Subdivision Map Act.
(Prior code § 27-31.06; Amended
during 1990 codification)
The subdivider or his or her agent shall apply for a map number
prior to submission of a tentative map. Tentative tract and tentative
parcel maps numbers shall be assigned by the county surveyor.
(Prior code § 27-31.08)
When a tentative map is submitted, the advisory agency may require
the subdivider to show that he or she is the owner of the property
shown on the map as proposed for subdivision, or that he or she has
an option or contract to purchase the property or that portion of
which he or she is not the owner, or that he or she is the authorized
agent of one who can comply with these requirements.
(Prior code § 27-31.09)
Final maps, or certificates of compliance shall be submitted
to the city engineer. A subdivider shall submit sufficient copies
of the tract map, parcel map, or certificate of compliance to permit
the city engineer to furnish copies to city officers and departments
and to other public agencies which, in the opinion of the city engineer,
may have an interest in the map.
(Prior code § 27-31.10)
The city reserves the right to restrict the erection of buildings
or other structures within those portions of lots which are shown
as being subject to flood hazard, inundation, or geological hazard.
If the hazard is not to be mitigated precedent to filing, the hazard
area and a note identifying the hazard area shall be shown on the
map.
(Prior code § 27-31.11)
If sewers, storm drains or water facilities, or any combination
thereof, are required for the general use of lot owners in a division
of land and such facilities are not to be installed in public highways,
streets or alleys, then the necessary easements shall be granted on
site.
(Prior code § 27-31.12)
A. In
the event that a division of land is traversed by a major watercourse,
channel, stream, swale or creek the advisory agency may require that
an adequate right-of-way be dedicated for storm drainage purposes.
B. In
the event that dedication of right-of-way for storm drainage purposes
is not required, the advisory agency may require that a tract map
or parcel map show the location of any natural watercourse, stream,
channel, swale, or creek which traverses the map.
(Prior code § 27-31.13)
A. The
title sheet of each map shall contain a title, consisting of words
"Tract No." and the map number on a tract map, or the words "Parcel
Map No." and the map number on a parcel map. The title shall also
contain the words "In the City of Buena Park" or "partly in the city
of Buena Park and partly in _____" (insert the name of the political
division involved).
B. The
title sheet shall also contain a subtitle consisting of a description
of all of the property being divided by reference to maps previously
filed or recorded in the office of the county recorder, or previously
filed with the county clerk pursuant to a final judgment in any action
in partition, or by reference to the plat of a United States survey.
Upon the title sheet of each map filed for the purpose of reverting
subdivided land to acreage, the subtitle shall consist of the words
"Being a Reversion to Acreage of _____" (insert a legal description
of the land being reverted). Each reference in these subtitles must
be spelled out and worded identically to the original record thereof.
A complete reference to the book and page of the cited record must
be included.
C. The
title sheet for a parcel map shall contain the certificate of the
surveyor or engineer referred to in Section 66449 of the Government
Code. A title sheet for a tract map shall contain the certificate
of the surveyor or engineer referred to in Section 66441 of the Government
Code. The title sheet or at least one map sheet shall contain a basis
of bearings, making reference to a filed tract map, county surveyor's
map, or other record acceptable to the city engineer, when the map
is based upon a field survey.
D. Required
certificates, affidavits and acknowledgements may be legibly stamped
or printed on the title sheet of a tract map or parcel map with opaque
ink. All required signatures shall be written in black opaque ink.
All such entries shall be readily reproducible by any normal method
of reproduction.
(Prior code § 27-31.15)
Tract maps and parcel maps shall show sufficient mathematical
data to clearly indicate the portion of each lot which is within private
streets or alleys, in addition to the width and centerline detail.
Right-of-way lines for private streets or alleys shall be dashed.
Each private street or alley shall be clearly identified as such.
(Prior code § 27-31.16)
A. Tract
maps and parcel maps shall show the name of each highway or street,
other than a future street, appearing on the map. Street and highway
names shall be shown in or arrowed to the right-of-way.
B. If
only a portion of a street or highway is to be dedicated on a map,
the street or highway name shall be shown or arrowed into both the
portion to be dedicated and the existing portion of the street or
highway.
C. The
word "avenue," "street," "place," or other street or highway designation
shall be spelled out in full.
D. The
city council shall review the recommended street names during the
approval process of the tentative and final map. The approval of the
final map by the city council shall also constitute approval of the
street names shown on the final map.
(Prior code § 27-31.17)
Tract maps and parcel maps shall show the width and location
of each railroad or transmission line right-of-way, flood control
channel or other similar rights-of-way appearing on the map. Rights-of-way
which appear on a map as a lot or a series of lots shall be shown.
(Prior code § 27-31.18)
Tract maps and parcel maps shall show all easements or restrictions
which are a burden upon lots in the division or reversion of which
are required as a condition precedent to filing the map.
(Prior code § 27-31.19)
Tract maps or parcel maps on which easements are offered for
public use shall have written thereon, in addition to or as a part
of any other certificate required, a certificate signed by any persons
claiming an interest in the lands included within the division or
reversion shown on the map, other than an interest which cannot ripen
into a fee, in substantially the following form:
We hereby certify that, except as shown on a copy of this map
on file in the office of the City Engineer, we know of no easement
or structure existing within the easements hereby offered for dedication
to the public, other than publicly owned water lines, sewers, or storm
drains; that we will grant no right or interest within the boundaries
of said easements offered to the public except where such right or
interest is expressly made subject to the said easements.
(Prior code § 27-31.20)
A. The
evidence of title required for tract maps and parcel maps where signatures
appear on the final map by the provisions of Section 66465 of the
Government Code shall be a certificate of title or a guarantee of
title issued by a title insurance company authorized by the laws of
the state of California to write the same, showing the names of all
persons having any record title interest in the land to be subdivided,
together with the nature of their respective interests therein.
B. In
the event that the land in the city is to be dedicated, the certificate
of title or guarantee of title shall be issued for the benefit and
protection of the city. The certificate or guarantee shall be dated
and delivered upon request of the city engineer when the map is ready
for filing.
(Prior code § 27-31.21)
Separate instruments shall be prepared by the subdivider and
checked by the city engineer. When dedicating by separate instrument,
the subdivider shall submit a title report, dated not less than fifteen
days prior to submittal, prepared in favor of the city, which indicates
who is required to sign the separate instrument to pass clear title
to the city. This title report shall be kept up to date and the city
shall be notified of any change until such time as the separate instrument
is recorded.
(Prior code § 27-31.22)
Each tract map or parcel map shall show the centerline, the
total width, and the width on each side of the centerline of each
street, highway, alley or other way appearing on the map. The bearing
and length of each tangent and the radius, central angle and length
of each curve shall be shown on each centerline. The map shall also
show the width of right-of-way to be dedicated on the map when only
a portion of a street, highway, alley or way is within the map boundary.
(Prior code § 27-31.23)
A. The procedure and practice for all survey work done for preparation of a tract map or parcel map shall conform to the standards and details set forth in Chapter 15, Division
3 of the California
Business and Professions Code, the Land Surveyor's Act. The allowable error of closure on any portion of a tract map or parcel map shall be one to ten thousand.
B. In
the event that the county engineer, the state or city engineer shall
have established the centerline of any highway, street or alley shown
on a tract map or parcel map, the map shall show such centerline,
together with a reference to a field book or map showing such centerline
and the monuments which determine its position. If determined by ties,
that fact shall be stated upon the tract map or parcel map.
(Prior code § 27-31.24)
If the owner of an easement in a right-of-way offered for public
use on a tract map or parcel map where dedications are made by certificate
on the parcel map, who has no other interest whatever in any part
of the lands included within the division or reversion, refuses to
make his or her easement subject to the right-of-way offered to the
public, but the map in all other respects complies with this division,
with the Subdivision Map Act and with other applicable statutes and
ordinances, and the city council finds that the subdivider has, in
good faith, attempted to obtain the necessary signature from the owner
and has been unable to do so and that a refusal to accept the map
for filing would work an undue hardship on the subdivider, then by
a majority vote of all its members, the city council may accept the
tract map or parcel map for filing.
(Prior code § 27-31.25)
Access to major, primary and secondary highways and to local
city streets shall be regulated by the city engineer. Dedication of
access rights, if required, shall be shown on the final tract map
or parcel map.
(Prior code § 27-31.26)