This chapter establishes requirements for the preparation, filing,
approval and recordation of parcel and final maps, consistent with
the Map Act.
(Ord. 1308 § 5, 2000)
As required by Sections 21.66.030 (Applicability), and 21.70.110 (Completion of subdivision process) of this title, a parcel map shall be filed and approved to complete the subdivision process for a subdivision of four or fewer parcels, except when the requirement for a parcel map is waived as set forth in Section 21.72.030 of this chapter. A parcel map shall be prepared, filed and processed as set forth in Sections 21.72.040 through 21.72.060 of this chapter.
(Ord. 1308 § 5, 2000)
A subdivider may request waiver of a parcel map, and the waiver
may be granted, in compliance with this section.
(1)
When Waiver Is Allowed. Waiver of a parcel map may be requested by
a subdivider and granted by the review authority for an approved subdivision
where the following circumstances exist, and the boundaries of the
original parcel have been previously surveyed and a map recorded,
and are certain as to location.
(A)
The proposed division of land complies with the requirements of the
city as to area, improvement and design, floodwater drainage control,
appropriate improved public roads, sanitary disposal facilities, water
supply protection, environmental protection and all other requirements
of the Map Act and any applicable provisions of this code.
(B)
The original, unsubdivided parcel contains less than five acres,
each proposed parcel abuts upon a maintained public street and no
dedications and improvements are required by this title; or
(C)
Each parcel created by the division has a gross area of twenty acres
or more and has approved access to a maintained public street; or
(D)
The parcel(s) have approved access to a public street which comprises
part of a tract of land zoned for industrial or commercial development,
and which has city approval for street alignments or width; or
(E)
Each parcel has a minimum gross area of forty acres, or is not less
than a quarter of a quarter section; or
(F)
The land being subdivided is solely for the creation of an environmental
subdivision in compliance with Map Act Section 66418.2; or
(G)
The subdivision or interests in the subdivision have been created
by probate, eminent domain procedures, partition or other civil judgments
or decrees; or
(H)
The subdivision results from the conveyance of land or interest to
or from the city, public entity or public utility for a public purpose,
such as school sites, public building sites or rights-of-way or easements
for streets, sewers, utilities, drainage, etc.
(2)
Required dedications or offers of dedication shall be made by deed.
(3)
Application Processing and Approval. A request for waiver of parcel
map shall be submitted with the tentative map application, together
with the required filing fee. The waiver request shall be processed
and acted upon concurrently with the tentative map application. The
review authority may grant a requested waiver if:
(A)
The proposed tentative map satisfies all findings required for approval by Section 21.70.070 (Tentative map approval or disapproval) of this title; and
(B)
The proposed subdivision complies with all applicable requirements
of the Map Act and this title as to lot area, improvement and design,
drainage, flood control, appropriate improved public roads, sanitary
disposal facilities, water supply availability and environmental protection.
(5)
Completion of Subdivision. A subdivision for which a parcel map has
been waived shall be completed by the subdivider satisfying any tentative
map conditions of approval, including any conditions providing for
the payment of fees, and by the city engineer filing with the county
recorder a certificate of compliance for the land to be divided and
a plat map showing the division.
(Ord. 1308 § 5, 2000)
A parcel map shall be prepared by or under the direction of
a qualified, registered civil engineer or licensed land surveyor,
registered or licensed by the state of California. Parcel map submittal
shall include the application forms, and all information and other
materials prepared as required by the department.
(Ord. 1308 § 5, 2000)
(a)
Filing with the City Engineer. The parcel map, together with all data, information and materials required by Section 21.72.040 of this chapter shall be concurrently submitted to the city engineer and the county surveyor's office. The parcel map shall be considered submitted when it is complete and complies with all applicable provisions of this title and the Map Act.
(b)
Review of Parcel Map.
(1)
The city engineer shall determine whether all applicable provisions
of this title and the Map Act have been complied with; the county
surveyor shall determine whether the map is accurate and technically
correct.
(2)
The city engineer shall obtain verification from the department that
the parcel map conforms to the approved tentative map and that any
conditions of approval for which that office is responsible have been
completed.
|
If the parcel map does not conform as required above, the subdivider
shall be notified, and given the opportunity to make necessary changes
and resubmit the parcel map, together with all required data if the
tentative map has not expired.
|
(Ord. 1308 § 5, 2000)
After the parcel map has been determined to be in compliance
and technically correct, the city engineer shall forward the parcel
map to the council for approval. After action by the council to approve
the parcel map, the city engineer shall transmit the map to the county
recorder for filing in compliance with Map Act Section 66450.
(Ord. 1308 § 5, 2000)
As required by Section 21.66.030 (Applicability) of this title, a final map shall be filed and approved to complete the subdivision process for a subdivision of five or more parcels. A final map shall be prepared, filed and processed as set forth in Sections 21.72.080 through 21.72.100 of this chapter.
(Ord. 1308 § 5, 2000)
A final map shall be prepared by or under the direction of a
qualified registered civil engineer or licensed land surveyor, registered
or licensed by the state of California. Final map submittal shall
include all information and other materials prepared as required by
the department. A final map submittal shall also include a digital
copy of the final map, prepared using computer software and standards
specified by the city engineer.
(Ord. 1308 § 5, 2000)
(a)
Filing with City Engineer. The final map, together with all data, information and materials required by Section 21.72.080 of this chapter shall be concurrently submitted to the city engineer and the county surveyor. The final map shall be considered submitted when it is complete and complies with all applicable provisions of this title and the Map Act.
(1)
Review of Final Map.
(A)
The city engineer shall determine whether all applicable provisions
of this title and the Map Act have been complied with; the county
surveyor shall determine whether the map is accurate and technically
correct.
(B)
The city engineer shall obtain verification from the department that
the final map conforms to the approved tentative map and that any
conditions of approval for which that office is responsible have been
completed.
|
If the final map does not conform as required above, the subdivider
shall be notified, and given the opportunity to make necessary changes
prior to tentative map expiration and resubmit the parcel map, together
with all required data.
|
(c)
Multiple Final Maps. The subdivider may file multiple
final maps on the approved tentative map if the subdivider either
included a statement of intention with the tentative map or, if after
the filing of the ten-tative map, the director approved the request.
(d)
Tract Map Checking Fee. In addition to all other fees, charges and
deposits required by law, the subdivider shall pay a map-checking
fee upon submitting a final map of a subdivision. The amount of the
fee shall be in compliance with the council's fee resolution.
(Ord. 1308 § 5, 2000)
After the parcel map has been determined to be in compliance
and technically correct, the city engineer shall execute the city
engineer's certificate on the map in compliance with Map Act Section
66442, and forward the final map to the council for action, as follows.
(1)
Review and Approval by Council. The council shall approve or disapprove
the final map at its next regular meeting after the city clerk receives
the map, or at its next regular meeting after the meeting at which
it receives the map, unless that time limit is extended with the mutual
consent of the city engineer and the subdivider.
(A)
Criteria for Approval. The council shall approve the final map if
it conforms to all the requirements of the Map Act, all provisions
of this title that were applicable at the time that the tentative
map was approved, and is in substantial compliance with the approved
tentative map.
(B)
Waiver of Errors. The council may approve a final map that fails
to meet any of the requirements of this title or the map act applicable
at the time of approval of the tentative map, when the council finds
that the failure of the map is a technical or inadvertent error which,
in the determination of the council does not materially affect the
validity of the map.
(C)
Approval by Inaction. If the council does not approve or disapprove
the map within the prescribed time or any authorized extension, and
the map conforms to all applicable requirements and rulings, it shall
be deemed approved, and the city clerk shall certify its approval
on the map.
(2)
Map with Dedications. If a dedication or offer of dedication is required
on the final map, the council shall accept, accept subject to improvement,
or reject with or without prejudice any or all offers of dedication,
at the same time as it takes action to approve the final map. If the
city council rejects the offer of dedication, the offer shall remain
open and may be accepted by the city council at a later date in compliance
with Map Act Section 66477.2. Any termination of an offer of dedication
shall be processed in compliance with Map Act Section 66477.2 and
the street vacation procedure.
(3)
Map with Incomplete Improvements. If improvements required by this title, conditions of approval or by law have not been completed at the time of approval of the final map, the council shall require the subdivider to enter into an agreement with the city as specified in Map Act Section 66462, and Section 21.80.040 (Improvement agreements and security) of this title, as a condition precedent to the approval of the final map.
(4)
Transmittal to Recorder. After action by the council, and after the required signatures and seals have been affixed, the city clerk and county surveyor's office shall transmit the final map to county recorder for filing, in compliance with Section 21.72.120 (Recordation of maps) of this chapter.
In addition to the information required to be included in parcel maps and final maps (Sections 21.72.020 and 21.72.070 of this chapter, respectively), additional information may be required to be submitted and rec-orded simultaneously with a final map as required by this section.
(1)
Preparation and Form. The additional information required by this section shall be presented in the form of additional map sheets, unless the director determines that the type of information required would be more clearly and understandably presented in the form of a report or other document. The additional map sheet or sheets shall be prepared in the same manner and in substantially the same form as required for parcel maps by Section 21.72.040 (Parcel map form and content) of this chapter.
(2)
Content of Information Sheets. Supplemental information sheets shall
contain the following state-ments and information:
(A)
Title. A title, including the number assigned to the accompanying
parcel or final map by the city engineer, the words "Supplemental
Information Sheet";
(B)
Explanatory Statement. A statement following the title that the supplemental
information sheet is recorded along with the subject parcel or final
map, and that the additional information being recorded with the parcel
or final map is for informational purposes, describing conditions
as of the date of filing and is not intended to affect record title
interest;
(C)
Location Map. A location map, at a scale not to exceed one inch two
thousand feet. The map shall indicate the location of the subdivision
within the city;
(D)
Areas Subject to Flooding. Identification of all lands within the
subdivision subject to periodic inundation by water;
(E)
Soils or Geologic Hazards Reports. When a soils report, or geological
hazard report has been prepared, or a seismic hazard report has been
prepared in compliance with State Seismic Hazard Zone requirements,
the existence of the report shall be noted on the information sheet,
together with the date of the report and the name of the engineer
making the report; and
(F)
Information Required by Conditions of Approval. Any information required
by the approval body to be included on the supplemental information
sheet(s) because of its importance to potential successors in interest
to the property, including any other easements or dedications.
(Ord. 1308 § 5, 2000)
(a)
At the time of filing of a parcel or final map with the county recorder,
the subdivider shall present to the county recorder evidence that,
at the time of filing the map, the parties consenting to the filing
are all parties having vested fee interest in the property being subdivided
and are parties required to sign the certificate described in Map
Act Section 66445(e).
(Ord. 1308 § 5, 2000)
A recorded parcel or final map shall be modified to correct
errors in the recorded map or to change characteristics of the approved
subdivision only as set forth in this section.
(1)
Corrections. In the event that errors in a parcel or final map are
discovered after recordation, or that other corrections are necessary,
the corrections may be accomplished by either the filing of a certificate
of correction or an amending map, in compliance with Article 7, Chapter
3 of the Map Act. For the purposes of this section, "errors" include
errors in course or distance (but not changes in courses or distances
from which an error is not ascertainable from the parcel or final
map), omission of any course or distance, errors in legal descriptions
or any other map error or omission as approved by the city engineer
and county surveyor that does not affect any property right, including
but not limited to lot numbers, acreage, street names and identification
of adjacent record maps. Other corrections may include indicating
monuments set by engineers or surveyors other than the one that was
responsible for setting monuments, or showing the proper character
or location of any monument that was incorrectly shown, or that has
been changed.
(2)
Changes to Approved Subdivision. In the event that a subdivider wishes to change the characteristics of an approved subdivision, including but not limited to the number or configuration of parcels, location of streets or easements, or the nature of required improvements, the construction of which has been deferred through the approval of an agreement in compliance with Section 21.80.040 (Improvement agreements and security) of this title, a new tentative and parcel or final map shall be filed and approved as required by Section 21.66.030 (Applicability) of this title.
(Ord. 1308 § 5, 2000)
