This chapter establishes requirements for the preparation, filing, approval and recordation of parcel maps and final maps, consistent with the requirements of the Map Act.
(Prior code § 16-640.010)
A.
Parcel Maps. As required by Sections 16.184.020 (Type of subdivision approval required), and 16.188.110 (Completion of subdivision process), 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 in compliance with this section. A parcel map shall be prepared, filed and processed as set forth in this chapter.
1.
Waiver. A developer may request a waiver of a parcel map, and the waiver may be granted, in compliance with this section and the Map Act (Sections 66428 et seq.).
a.
When Waiver is Allowed. Waiver of a parcel map may be requested by a developer and granted by the City Engineer for an approved subdivision where the following circumstances exist, and the dedication of streets, alleys, or other public ways or easements are not required and no additional lot or building sites are created:
i.
The public improvements have been or will be installed to standard specifications;
ii.
A favorable written recommendation has been received from the Director;
iii.
Sanitary sewer connections are made available to each lot; and
iv.
The map conforms to policies that are or may be established by the Commission or Council.
b.
Application Processing and Approval. A request for waiver of parcel map shall be submitted with the tentative map application (Chapter 16.188), together with the required filing fee. The waiver request shall be processed and acted upon concurrently with the tentative map application. The City Engineer may grant a requested waiver if:
i.
The proposed tentative map satisfies all findings required for approval by Section 16.188.060 (Findings and decision); and
ii.
The proposed subdivision complies with all applicable requirements of the Map Act and this Development Code as to lot area, improvement and design, drainage, flood control, appropriate improved public roads, sanitary disposal facilities, water supply availability, and environmental protection.
c.
Expiration of Waiver. An approved waiver of parcel map shall be subject to the same time limits and opportunities for extension of time as the accompanying tentative map, in compliance with Section 16.188.100(B) (Time limits and expiration of approved tentative map) and Section 16.188.100(C) (Extensions of time for tentative maps), and subsection (A)(1)(d) of this section.
d.
Conditions. A parcel map waived by the City Engineer may be conditioned to provide for payment of park land dedication, area of benefit fees, and other fees by a method approved by the City Engineer.
e.
Completion of Subdivision. A subdivision for which a parcel map has been waived shall be completed by:
i.
The developer satisfying any tentative map conditions of approval, including any conditions providing for the payment of park land dedication, area of benefit fees, and other fees; and
ii.
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.
2.
Form and Content. A parcel map shall be prepared by or under the direction of a person licensed and authorized to practice land surveying in the State of California. The form and content of the parcel map shall conform to the Map Act and the requirements of subsection (B)(1) of this section (Final map—Form and content). parcel map submittal shall include the application forms, a digital copy of the map prepared using computer software and standards specified by the City Engineer, the map fee, and all information and other materials prepared as required by the City Engineer.
3.
Filing and Processing.
a.
Filing With the City Engineer. The parcel map, together with the fee and all data, information, and materials required by subsection (A)(2) of this section, shall be filed with the City Engineer. The parcel map shall be considered filed when it is complete and complies with all applicable provisions of this Development Code and the Map Act.
b.
Review. The City Engineer shall review the parcel map and all accompanying materials and shall:
i.
In Compliance.
(A)
Determine whether all applicable provisions of this Development Code 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; and
(B)
Obtain verification from the Director that the parcel map conforms to the approved tentative parcel map and that any conditions of approval for which that office is responsible have either been completed or incorporated within an appropriate agreement with the City.
ii.
Not in Compliance. If the parcel map does not comply as required above, shall notify the developer who shall be given the opportunity to make necessary changes and resubmit the parcel map, together with all required data.
4.
Approval. After determining that the parcel map is in conformance with the approved tentative map and is technically correct, the City Engineer shall approve the parcel map and forward the map to the County Recorder for filing in compliance with the Map Act (Section 66450). If a dedication or offer of dedication is required on the parcel map, the City Engineer shall accept the dedication.
B.
Final Maps. As required by Section 16.184.020 (Type of subdivision approval required), a final map shall be filed and approved to complete the subdivision process for a subdivision of five or more parcels.
1.
Form and Content.
a.
Form. The form of the final map shall conform to the Map Act and as follows:
i.
The final map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits and acknowledgments 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.
ii.
The size of each sheet shall be 18 inches 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 not less than one inch equal to 100 feet (1″ = 100′) or as may be necessary to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. When four or more sheets including the certificate sheet are used, a key sheet shall be included.
iii.
All printing or lettering on the map shall be of one-eighth inch minimum height and of such shape and weight as to be readily legible on prints and other reproductions made from the original drawings.
iv.
The final form of the final map shall be as approved by the City Engineer.
b.
Contents. The contents of the final map shall conform to the Map Act and as follows:
i.
Boundary. The boundary of the subdivision shall be designated by a heavy black line in such a manner as not to obliterate figures or other data.
ii.
Title. Each sheet shall have a title showing the subdivision number, name and the location of the property being subdivided with reference to maps which have been previously recorded, or by reference to the plat of a United States Survey. The following words shall appear in the title, "City of Stockton, San Joaquin County."
iii.
Certificates. The cover sheet shall contain the certificates required by the Map Act (Sections 66433 et seq.).
iv.
Scale, North Point and Basis of Bearings. There must appear on each map sheet the scale, the north point and the basis of bearings based on Zone III of the California Coordinates, and the equation of the bearing to true north. The basis of bearings shall be approved by the City Engineer.
v.
Linear, Angular and Radial Data. Sufficient linear, angular, and radial data shall be shown to determine the bearings and lengths of monument lines, street centerlines, the boundary lines of the subdivision, the boundary lines on every lot and parcel which is a part of the subdivision, and ties to existing monuments used to establish the boundary in compliance with Chapter 16.208 (Surveys and Monuments). Arc length, radius and total central angle and radial bearings of all curves shall be shown. Ditto marks shall not be used in the dimensions and data shown on the map. The area of all lots to the nearest one-hundredth of an acre shall also be shown.
vi.
Monuments. The location and description of all existing and proposed monuments shall be shown in compliance with Section 16.208.030 (Monuments). Standard City monuments shall be set at, or on City Engineer approved offsets from the following locations:
(A)
The intersection of street centerlines.
(B)
Beginning and end of curves or intersection of tangents on centerlines.
(C)
On long tangents, the maximum distance between monuments shall not exceed 800 feet. Monuments shall be equally spaced.
(D)
At other locations as may be required by the City Engineer.
vii.
Lot Numbers. Lot numbers shall begin with the number one in each subdivision and shall continue consecutively with no omissions or duplications except where contiguous lands, under the same ownership, are being subdivided in successive units, in which event lot numbers may begin with the next consecutive number following the last number in the preceding unit. Each lot shall be shown entirely on one sheet of the final map, unless approved by the City Engineer. Letters may also be used per the Map Act.
viii.
Adjoining Properties. The adjoining corners of all adjoining subdivisions shall be identified by subdivision number, or name when not identified by official number, and reference to the book and page of the filed map showing such subdivision; and if no such subdivision is adjacent, then by the name of the owner and reference to the recorded deed by book page number for the last recorded owner of such adjacent property.
ix.
City Boundaries. City boundaries, which cross or join the subdivision shall be clearly designated.
x.
Street Names. The names of all streets, alleys, or highways within or adjoining the subdivision shall be shown.
xi.
Easements. Easements for roads or streets, paths, storm water drainage, sanitary sewers or other public use as may be required, shall be dedicated to the public for acceptance by the City or other public agency, and the use shall be specified on the map. If at the time the final map is approved, any streets, paths, alleys or storm drainage easements are not accepted by the City Council, the offer of dedication shall remain open and the City Council may, by resolution at any later date, accept and open the streets, paths, alleys or storm drainage easements for public use, which acceptance shall be recorded in the office of the County Recorder.
(A)
The City Engineer shall accept any dedications lying outside the subdivision boundary which require a separate grant deed. The acceptance shall be recorded in the office of the County Recorder.
(B)
All easements of record shall be shown on the map, together with the name of the grantee and sufficient recording data to identify the conveyance, e.g., recorder's serial number and date, or book and page of official records.
(C)
Easements not disclosed by the records in the office of the County Recorder and found by the surveyor or engineer to be existing, shall be specifically designated on the map, identifying the apparent dominant tenements for which the easement was created.
(D)
The sidelines of all easements of record shall be shown by dashed lines on the final map with the widths, lengths and bearings of record. The width and location of all easements shall be approved by the City Engineer.
(E)
An offer of dedication of real property for street or public utility easement purposes shall be deemed not to include any public utility facilities located on or under such real property unless and only to the extent and intent to dedicate such facilities is expressly stated in the certificate.
2.
Additional Information. The following data, plans, reports and documents shall be submitted with the final map.
a.
Improvement Plans. Improvement plans as required by Section 16.72.070 (Improvements (plans, agreements, and security)).
b.
Soils Report. A geologic soils report prepared by a civil engineer who is registered by the State, based upon adequate test boring or excavations, unless the Director determines that, due to available information about the soil qualities of the soil of the subdivision or lot, no preliminary analysis is necessary. If the preliminary soils report indicates the presence of critically expansive soils or other soil problems, which, if not corrected, would lead to structural defects, the person filing the map may be required to submit a soils investigation covering each lot in the subdivision, prepared by a California registered civil engineer, which shall recommend corrective action that is likely to prevent structural damage to each dwelling proposed to be constructed on the expansive soil.
The report shall be filed with the Department, which shall approve the soil investigation if it determines that the recommended action is likely to prevent structural damage to each dwelling to be constructed and shall require that the approved recommended action be incorporated in the construction of each dwelling as a condition to the issuance of a building permit. Appeal of the determination shall be to the Building Board of Appeals. If the Director determines that a written geological report is necessary to determine whether the property to be divided is subject to an existing or potential geological hazard, the person filing the map shall submit such a report. The report shall be prepared by a registered civil engineer.
The information may be furnished separately from the map itself. The Director may waive any of the foregoing requirements whenever the Director finds that the type of subdivision is such that compliance is unnecessary or that other circumstances justify the waiver. The Director may require such drawings, data or other information as are deemed necessary.
c.
Title Report. A title report showing the legal owners at the time of submittal of the final map.
d.
Improvement Bond Estimate. The improvement bond estimate shall include all public improvements within public rights-of-way, easements, or private common areas and utility trench backfill as provided by the developer, except for those utility facilities installed by a utility company under the jurisdiction of the California Public Utilities Commission.
e.
Deeds for Easements or Right-of-Way. Deed for off-site easements or rights-of-way required for road or drainage purposes which have not been dedicated on the final map. Written evidence acceptable to the City in the form of rights of entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the facility.
f.
Traverse Closures. Traverse closures for the boundary blocks, lots, easements, street centerlines and monument lines.
g.
Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic calculations of all storm drains. Complete hydraulic calculations for all sanitary sewers.
h.
Tree Information. Type, circumference, location, and elevation of existing trees with a diameter at breast height (DBH) of 15 inches or greater.
i.
Organization Documents. The submittal of the map or parcel map shall include the draft Declaration of Covenants, Conditions and Restrictions in compliance with Section 16.72.080(F) (Homeowner's association), and all other organizational documents for the subdivision in a form as prescribed by Section 1355 of the Civil Code of the State of California. All documents shall be subject to review by the City Engineer and City Attorney.
3.
Filing and Processing.
a.
Preliminary Submittal. The developer shall submit prints of the final map to the City Engineer for checking. The preliminary prints shall be accompanied by the data, plans, reports, documents, and all information specified in subsections (B)(1) and (B)(2) of this section.
b.
Review by County Surveyor. The County Surveyor shall review the final map and the developer's engineer or surveyor shall make corrections and/or additions until the map is acceptable to the County Surveyor.
c.
Submittal to the Clerk of the Board of Supervisors. Before the final map is filed with the City, the developer shall file a certificate from the official who computes redemptions for any public agency in which any part of the subdivision is located with the Clerk of the Board of Supervisors. The certificate shall show that, according to the records of the Clerk's office, there are no liens against the subdivision, or any part thereof, for unpaid State, County, municipal, or local taxes or special assessments collected as taxes, except taxes or special assessments not yet payable. Copies of the certificates shall be submitted to the City Engineer prior to the final map being placed on the Council Agenda.
d.
Filing with City Engineer. The final map, together with all data, information, and materials required by subsection (B)(1)(b) of this section, shall be filed with the City Engineer. The final map shall be considered filed when it is complete and complies with all applicable provisions of this Development Code and the Map Act.
e.
Review. The City Engineer shall review the final map and all accompanying materials, and shall:
i.
In Compliance.
(A)
Determine whether all applicable provisions of this Development Code and the Map Act are in compliance, that the map is technically correct, and that it is in substantial conformance with the approved tentative map; and
(B)
Obtain verification from the Director that the final map conforms to the approved tentative map and that any conditions of approval for which that office is responsible have either been completed or incorporated within an appropriate agreement with the City.
ii.
Not in Compliance. If the final map does not comply as required above, shall notify the developer who shall be given the opportunity to make necessary changes prior to tentative map expiration and resubmit the final map, together with all required data.
f.
Multiple Final Maps. The developer may file multiple final maps on the approved tentative map if the developer either included a statement of intention with the tentative map or, if after the filing of the tentative map, the Director approves a request to file multiple final maps.
4.
Approval. After determining that the final map is in conformance with the approved tentative map and is technically correct, the City Engineer shall execute the City Engineer's certificate on the map in compliance with the 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:
i.
Approval or Disapproval. 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 developer.
ii.
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 Development Code that were applicable at the time that the tentative map was approved, and is in substantial compliance with the approved tentative map.
iii.
Waiver of Errors. As provided by the Map Act (Section 66473), the Council may approve a final map that fails to meet any of the requirements of this Development Code 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.
b.
Map With Dedications. If a dedication or offer of dedication is required on the final map, the Council shall accept, accept subject to improvements, or reject 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 the Map Act (Section 66477.2). Any termination of an offer of dedication shall be processed in compliance with the Map Act (Section 66477.2) and the street vacation procedures in the Streets and Highways Code (Sections 8300 et seq.).
c.
Map With Incomplete Improvements. If improvements required by this Development Code, conditions of approval or by law have not been completed at the time of approval of the final map, the Council shall require the developer to enter into an agreement with the City as specified in the Map Act (Section 66462), and Section 16.72.070 (Improvements (plans, agreements, and security)), as a condition precedent to the approval of the final map.
d.
Transmittal to Recorder. After approval of the final map 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, in compliance with Section 16.192.040 (Recordation of maps).
(Prior code § 16-640.020; Ord. 001-08 C.S. § 31; Ord. 015-09 C.S., eff. 12-3-09)
In addition to the information required by this chapter to be included in parcel maps and final maps, additional information may be required to be submitted and recorded simultaneously with a final or parcel 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 City Engineer 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 and final maps by Section 16.192.020 (Filing and processing requirements).
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 1,200 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; and
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, including any other easements or dedications.
(Prior code § 16-640.030)
At the time of filing of a parcel or final map with the County Recorder, the developer 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 the Map Act (Section 66445(e)).
(Prior code § 16-640.040)
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 and Amendments. Corrections and amendments to a parcel or final map shall be in compliance with the requirements of the Map Act (Section 66469).
1.
Form and Contents. The amending map or certificate of correction shall be prepared by a registered civil engineer or licensed land surveyor. The form and contents of the amending map shall conform to the requirements of Section 16.192.020(A) if a parcel map, or Section 16.192.020(B), if a final map. The certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction.
2.
Submittal and Approval by the City Engineer. The amending map or certificate of correction, complete as to final form, shall be submitted to the City Engineer for review and approval.
3.
Filing With the County Recorder.
a.
The amending map or certificate of correction certified by the City Engineer shall be filed in the office of the County Recorder in which the original map was filed.
b.
The original map shall then be deemed to be correct and the constructive notice of all the corrections shall be made in the same manner as that of the original map.
4.
Fee. The fee for checking, processing and recording the amended map or certificate of correction shall be in compliance with the Council's fee resolution.
B.
Changes to a Recorded Parcel or Final Map. In the event that a developer wishes to change:
1.
The characteristics of a recorded parcel map or final map for 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 16.72.070 (Improvements (plans, agreements and security)), a new tentative and parcel or final map shall be filed and approved as required by Section 16.184.020 (Type of subdivision approval required) or a lot line adjustment or lot merger shall be filed in compliance with Chapter 16.200 (Lot Line Adjustment, Lot Mergers, and Reversion to Acreage).
(Prior code § 16-640.050)