This chapter establishes requirements for the preparation, filing, approval and recordation of parcel and final maps, consistent with the requirements of the Subdivision Map Act.
(Prior code § 18.04.010; Ord. 94-16, 1994)
As required by Sections 18.01.030 and 18.02.260 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 18.04.110 of this chapter. A parcel map shall be prepared, filed and processed as set forth in Sections 18.04.120 through 18.04.140 of this chapter.
(Prior code § 18.04.100; Ord. 94-16, 1994)
A subdivider may request waiver of a parcel map, and the commission may grant the waiver as provided by this section.
A.
When Waiver is Allowed. Waiver of a parcel map may be requested by a subdivider and granted by the commission for a subdivision that results in the creation of only two parcels, and the boundaries of the original parcel have been previously surveyed and a map recorded, and are certain as to location.
B.
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 commission may grant a requested waiver if:
2.
The proposed subdivision complies with all applicable requirements of the Map Act and this title as to lot area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, and environmental protection.
D.
Completion of Subdivision. A subdivision for which a parcel map has been waived shall be completed by the subdivider satisfying all conditions of approval, and by then filing and obtaining approval of a certificate of completion in compliance with this section.
1.
Preparation and Filing of Certificate. The subdivider shall submit an application for a certificate of completion to the city engineer for review and approval, including the following information:
a.
A diagram or exhibit illustrating the configuration and dimensions of the parcels described in the legal descriptions submitted with the certificate of completion.
b.
A statement signed by the subdivider under penalty of perjury that no change in the ownership of the subject property has occurred since the submittal of the title report with the tentative map application. If such a change in ownership has occurred, the subdivider shall submit a new title report issued within 60 days before the filing of the certificate of completion application.
c.
A statement by a registered civil engineer, licensed land surveyor, or title company verifying that any required access easements extend to a publicly maintained road.
d.
A certificate of completion in the form required by the city engineer, prepared for recording, including:
i.
A list of all requirements imposed as conditions of approval of the tentative map, including, but not limited to, any requirements for the construction of offsite and onsite improvements.
ii.
A statement signed by the owner under penalty of perjury attesting that all of the conditions of approval of the tentative map have been met or provided for under the terms of an acceptable subdivision agreement secured by appropriate surety as prescribed by the Map Act.
iii.
A legal description of each parcel created in substantial conformance with the approved tentative map, prepared by a registered civil engineer or licensed land surveyor.
e.
Any required recordation fees.
2.
Review and Approval of Certificate. The city engineer shall review, approve or disapprove, and complete the processing of a certificate of completion by examining the materials submitted and performing other investigations as necessary to ensure that:
a.
All record title owners have consented to the subdivision.
b.
The certificate of completion accurately describes the conditions of approval, and that the conditions of approval have been satisfactorily completed.
c.
The legal descriptions on the certificate are accurate, and are in substantial conformance with the approved tentative map.
If the city engineer is satisfied that the certificate of completion and materials submitted with it comply with the above requirements, the city engineer shall place an endorsed approval upon the face of the certificate and shall file it with the county recorder. Upon recording, the subdivision shall be deemed completed, and the parcels created by the subdivision may be conveyed or otherwise transferred. |
(Prior code § 18.04.110; Ord. 94-16, 1994)
The preparation and content of parcel maps, and information required to be submitted with parcel maps, shall be as provided by this section.
A.
Preparation and Form.
1.
The 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.
2.
The parcel map shall be legibly drawn, printed, or reproduced to guarantee a permanent record in black on tracing cloth or polyester base film. Certificates may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.
3.
The size of each sheet shall be 18 by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly, and enough sheets shall be used to accomplish this end, provided that the minimum scale shall be one inch equals 100 feet. The scale may be increased to one inch equals 200 feet when each new parcel will have a gross area of 20 acres or more; and a scale of one inch equals 400 feet may be approved at the discretion of the city engineer.
4.
Every sheet comprising the parcel map shall contain the scale, north point, legend, the particular number of the sheet and the total number of sheets comprising the map, and the number assigned to the map by the city engineer by which the map is to be referred to. Below the number shall appear a general description of all the property being divided by reference to recorded deeds or to maps which have been previously filed or by reference to the plat of the United States Survey. If more than two sheets are necessary for the parcel map, a key or index map shall appear on the first sheet.
B.
Parcel Map Content. A parcel map shall be prepared so as to contain the following data and information:
1.
Proposed Parcels.
a.
The location of each parcel being created and abutting streets, with all dimensions, boundaries, bearings and courses clearly shown and defined.
b.
Each parcel shall be numbered consecutively by unit throughout the subdivision with no omissions or duplications. Block designations shall not be used.
c.
The net acreage of each parcel shall be shown to the nearest one hundredth.
d.
Each parcel shall be entirely shown on at least one sheet of the map.
e.
If the map includes a "designated remainder" parcel or similar parcel of five acres or more, the remainder need not be shown on the map and its location need not be indicated as a matter of survey, but only by deed reference to the existing boundaries of the remainder parcel.
2.
Survey Data for New Parcels. All information, data, and monuments necessary to locate and retrace any and all exterior boundaries, block and lot lines. It shall show bearings and distances of straight lines, and radii, central angle, and arc length, or chord bearing and length for all curved lines. Where streets intersect on curves, center line lengths, radii, and central angles to center line intersection points shall be shown.
3.
Existing Survey Features. Show clearly what stakes, monuments or other evidence were found on the ground to determine the boundaries of the tract. The adjoining corners of all adjoining subdivisions shall be identified by lot and block number, tract designation and place or record; or by section, township, and range; or other proper designation. The map shall show the definite location of the subdivision and its relation to surrounding surveys, and ownership and deed references for all adjoining properties used in the preparation of the parcel map.
4.
Streets and Easements. The map shall show the location and width of all proposed streets within the subdivision, the lines, widths and names of adjacent streets, easements of record and easements to be recorded. If any easement is not definitely located by record, a statement of such easement must appear on the title sheet. Easements for storm drains, sewers, public utilities and other purposes shall be clearly defined. Distances and bearings on the side lines of lots which are cut by an easement must be so shown that the map will indicate clearly the actual length of the lot lines. The width of the easement and the lengths and bearings of the lines thereof and sufficient ties thereto to definitely locate the easement with respect to the subdivision must be shown.
5.
Street Center Line Data. Wherever the city engineer has established the center of a street within or adjacent to the subdivision, the data shall be shown on the final map, indicating all monuments found and making reference to a field book or map. Points reset by ties, shall be so noted.
6.
Approved Street Names. Streets on the parcel map shall be identified with their approved names. If any streets are designated by numbers, they shall be spelled out completely, using hyphens in such forms as "Twenty-Third Street." The words "Avenue," "Boulevard," "Place," etc., shall be spelled out in full. Street names shown on the parcel map shall be the same as those approved with the tentative map.
8.
Certificates and Statements. All certifications and statements required by Article 3, Chapter 2 of the Map Act shall appear on the parcel map.
C.
Other Information and Materials Required. The following information and materials shall accompany the parcel map when submitted to the city engineer for checking:
1.
Dedications. When dedications or offers of dedication are required, they may be made either by certificate on the parcel map, or by separate instrument. If by separate instrument, such dedications or offers of dedication shall be recorded concurrently with, or prior to, the parcel or tract map being filed for record. Separate instruments shall be referenced on the parcel or tract map. The dedications or offers of dedication, whether by certificate or separate instrument, shall be signed by the same parties and in the same manner as set forth for final maps.
2.
Filing Fee. The parcel map filing fee required by the city fee resolution.
3.
Improvement Agreement. Three copies of an executed subdivision improvement agreement in a form acceptable to the city attorney and in conformance with the provisions of this title and the Map Act, when required.
4.
Improvement Plans and Checking Fee. Subdivision improvement plans approved by all appropriate agencies and city officials, when required; and the improvement plan/specification checking and construction inspection fee established by the city fee resolution, when required.
5.
Improvement Surety. Three copies of the surety provided to secure the subdivision improvement agreement, when required.
6.
Mobilehome Park Conversion Report. If the parcel map is for a subdivision to be created from the conversion of a mobilehome park to another use, the application shall also include a report on the impact of the conversion on the displaced residents of the mobilehome park, in compliance with Map Act Section 66427.4.
7.
Responsible Agency Approval. When approval of the tentative map was conditioned upon the approval of a government agency or official, a statement of a responsible official of such agency stating that those conditions for which he/she is responsible to review have been provided for under the terms of an acceptable subdivision improvement agreement secured by appropriate surety as prescribed by state law.
8.
Soils or Geologic Hazards Reports. Two copies of a final soils report or geological hazards report, if they were required.
9.
Survey Records. Copies of all maps and deeds used and/or referenced to complete the survey.
10.
Tax and Assessment Liens Certificates. Certificates from the finance director and assessor showing that, according to the records of each office, there are no liens against the parcel division or any part thereof for unpaid state, city, municipal, or local taxes or special assessments collected as taxes, except taxes or special assessments not yet payable.
11.
Title Report. A preliminary title report issued within 60 days of submission to the city engineer, including copies of all documents listed in the title report as well as copies of the vesting deeds to the property.
12.
Traverse Sheets. A traverse sheet or sheets in a form approved by the city engineer, prepared by a registered civil engineer or licensed land surveyor, showing mathematical closure of the boundary of the subdivision, lots or parcels, and center lines of the streets therein.
13.
Utility Company Letters. When utility easements have been required as a condition of approval of the tentative map, or when the land to be divided is subject to existing public utility easements, a letter from each of the affected utility companies stating their satisfaction with the easements shown on the parcel map.
14.
Other Reports or Information. A copy of any other report, document, letter, or approval to satisfy and condition for approval of the tentative map.
(Prior code § 18.04.120; Ord. 94-16, 1994)
A.
Filing with the City Engineer. The parcel map, together with all data, information and materials required by Section 18.04.120 of this chapter shall be submitted to the city engineer. 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. Within 50 days after receiving the parcel map and accompanying materials, the city engineer shall:
1.
Determine whether all applicable provisions of this title and the Map Act have been complied with, that the map is technically correct, and that it is in substantial compliance with the approved tentative map.
2.
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. The fifty-day time limit shall not include any time needed by the subdivider to make any necessary changes. |
(Prior code § 18.04.130; Ord. 94-16, 1994)
After determining that the parcel map is in compliance and is technically correct in compliance with Section 18.04.130 of this chapter, the city engineer shall approve the parcel map and forward the map to the county recorder for filing in compliance with Section 66450 of the Map Act, except as follows:
A.
Map with Dedications. If a dedication or offer of dedication is required on the parcel map, the city engineer shall forward the parcel map to the council. The map shall then be placed on the city council consent agenda for final acceptance. After action by the council, the city engineer shall transmit the parcel map to the county recorder for filing.
B.
Map with Incomplete Improvements. If improvements required by this title, conditions of approval or by law have not been completed, the map shall not be approved by the city engineer unless the council first authorizes deferred completion of the improvements by approving an agreement with the subdivider for posting security to guarantee the improvements, in compliance with Section 18.10.500 of this title.
C.
Effect of Recorded Map. When a properly endorsed parcel map has been filed for record, the subdivision shall be deemed complete, and the new parcels may be conveyed or otherwise transferred. The recordation of the map shall have the effect of eliminating any lot lines that existed within the boundaries of the subdivision before approval of the tentative map.
(Prior code § 18.04.140; Ord. 94-16, 1994)
As required by Section 18.01.030 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 18.04.210 through 18.04.230.
(Prior code § 18.04.200; Ord. 94-16, 1994)
A final map shall be prepared in the same manner, and with the same form and content as required for parcel maps by Section 18.04.120 of this chapter, except that the following additional requirements shall apply to final maps:
A.
Title Sheet Required. A final map shall be prepared with a title sheet or first sheet, that shall contain affidavits, acknowledgements, endorsements, offers and acceptances of dedication and notarial certificates. No portion of the map shall appear on the title sheet, except for an index map, where more than one sheet is necessary for the map itself.
B.
Reversions to Acreage. If the final map is filed to revert subdivided parcels to acreage, the words "The Purpose of This Map is a Reversion to Acreage" shall appear conspicuously with the map number on the title sheet and subsequent sheets.
C.
Certificates. All certificates required by Article 2, Chapter 2 of the Map Act.
D.
Guarantee of Title. A guarantee of title or letter from a title company certifying that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided and all acknowledgments thereto appear on the proper certificates and are correctly shown on the final map, both as to consents as to the subdivision itself, and affidavits of dedication where necessary. The guarantee shall be issued for the benefit of the city and protection of the council and shall be continued complete up to the instant of recording.
E.
Tax Bond. A tax bond as required by the Map Act. If a cash deposit has been made in lieu of a bond, the original receipt or a certified copy thereof, issued by the city shall be submitted.
(Prior code § 18.04.210; Ord. 94-16, 1994)
A.
Filing with City Engineer. The final map, together with all data, information and materials required by Section 18.04.210 of this chapter shall be submitted to the city engineer. The final 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 Final Map. The city engineer shall review the final map and all accompanying materials, and shall:
1.
Determine whether all applicable provisions of this title and the Map Act have been complied with, that the map is technically correct, and that it is in substantial compliance with the approved tentative map.
2.
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 and resubmit the parcel map, together with all required data. The fifty-day time limit in Section 18.04.230 of this chapter shall not include any time needed by the subdivider to make any necessary changes.
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 tentative map, the director approved such a request.
(Prior code § 18.04.220; Ord. 94-16, 1994)
After determining that the final map is in compliance and is technically correct in compliance with Section 18.04.130 of this chapter, 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:
A.
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, but in no event longer than 50 days after the city engineer receives the final map from the subdivider, unless that time limit is extended with the mutual consent of the city engineer and the subdivider.
1.
Criteria for Approval. The council shall approve the final map by resolution 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.
2.
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.
3.
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.
B.
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.
C.
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 18.10.500 of this title, as a condition precedent to the approval of the final map.
D.
Transmittal to Recorder. After action by the council, and after the required signatures and seals have been affixed, the city clerk shall transmit the final map to county recorder for filing.
E.
Effect of Recorded Map. When a properly endorsed final map has been filed for record, the major subdivision or reversion to acreage shall be deemed complete, and the new parcels may be conveyed or otherwise transferred. The recordation of the map shall have the effect of eliminating any lot lines that existed within the boundaries of the subdivision before approval of the tentative map.
(Prior code § 18.04.230; Ord. 94-16, 1994)
In addition to the information required to be included in parcel maps and final maps (Sections 18.04.120 and 18.04.210, respectively), additional information shall be submitted and recorded simultaneously with a final map as required by this section.
A.
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 18.04.120(A) of this chapter.
B.
Content of Information Sheets. Supplemental information sheets shall contain the following statements and information:
1.
Title. A title, including the number assigned to the accompanying parcel or final map by the city engineer, the words "Supplemental Information Sheet."
2.
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.
3.
Location Map. A location map, at a scale not to exceed one inch equals 2,000 feet. The map shall indicate the location of the subdivision within the city.
4.
Areas Subject to Flooding. Identification of all lands within the subdivision subject to periodic inundation by water.
5.
Soils or Geologic Hazards Reports. When a soils report or geological hazard report has been prepared, 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.
6.
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.
(Prior code § 18.04.300; Ord. 94-16, 1994)
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 such 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).
B.
The county recorder will review and act upon parcel and final maps filed with that office as set forth in Article 6, Chapter 3 of the Map Act and other applicable provisions of state law.
(Prior code § 18.04.400; Ord. 94-16, 1994)
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.
A.
Corrections. In the event that errors in a parcel or final map are discovered after recordation, or that other corrections are necessary, such corrections may be accomplished by either the filing of a certificate of correction or an amending map, as provided by 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 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.
B.
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 18.10.500 of this title, a new tentative and parcel or final map shall be filed and approved as required by Section 18.01.030 of this title.
(Prior code § 18.04.410; Ord. 94-16, 1994)