Chapter 17.42 — PARCEL MAPS AND FINAL MAPS

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.

(Ord. No. 2010-265, § 3, 1-27-2010)

As required by Sections 17.40.020 and 17.41.140 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 17.42.110. A parcel map shall be prepared, filed and processed as set forth in Sections 17.42.120 through 17.42.140.

(Ord. No. 2010-265, § 3, 1-27-2010)

A subdivider may request waiver of a parcel map, and the commission may grant the waiver in compliance with 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:

1.

The proposed tentative map satisfies all findings required for approval by Section 17.41.100; and

2.

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 Sections 17.41.310 and 17.41.320 and subsection (D) of this section.

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 a change in ownership has occurred, the sub divider shall submit a new title report issued within sixty (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, and

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; and

c.

The legal descriptions on the certificate are accurate, and are in substantial conformance with the approved tentative map.

d.

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.

(Ord. No. 2010-265, § 3, 1-27-2010)

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 submittals shall include the application forms, and all information and other materials prepared as required by the parcel and final map preparation and contents instruction list, provided by the department.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Filing with the City Engineer. The parcel map, together with all data, information and materials required by Section 17.42.120 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 development code and the Map Act.

B.

Review of Parcel Map. The city engineer shall:

1.

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

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.

(Ord. No. 2010-265, § 3, 1-27-2010)

After determining that the parcel map is in compliance and is technically correct in compliance with Section 17.42.130, 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 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 development code, 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 17.48.040.

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.

(Ord. No. 2010-265, § 3, 1-27-2010)

As required by Section 17.40.020, 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 17.42.210 through 17.42.230.

(Ord. No. 2010-265, § 3, 1-27-2010)

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 submittals shall include all information and other materials prepared as required by the parcel and final map preparation and contents instruction list, provided 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. No. 2010-265, § 3, 1-27-2010)

A.

Filing with City Engineer. The final map, together with all data, information and materials required by Section 17.42.210 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 development code 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 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

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.

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 the request.

(Ord. No. 2010-265, § 3, 1-27-2010)

After determining that the final map is technically correct and in compliance with Section 17.42.210, 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.

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.

1.

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.

2.

Waiver of Errors. 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.

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 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 subdivider to enter into an agreement with the city as specified in Map Act Section 66462, and Section 17.48.040 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 the county recorder for filing, in compliance with Section 17.42.400.

(Ord. No. 2010-265, § 3, 1-27-2010)

In addition to the information required to be included in parcel maps and final maps (Sections 17.42.120 and 17.42.210, respectively), additional information may be required to 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 17.42.120.

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 two thousand (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; and

Information Required by Conditions of Approval. Any information required by the reviewing authority to be included on the supplemental information sheet(s) because of its importance to potential successors in interest to the property.

(Ord. No. 2010-265, § 3, 1-27-2010)

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 66436.

B.

The county recorder will review and act upon parcel and final maps filed with that office in the manner set forth in Article 6, Chapter 3 of the Map Act and other applicable provisions of state law.

(Ord. No. 2010-265, § 3, 1-27-2010)

When a properly endorsed final map has been filed for record, the 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.

(Ord. No. 2010-265, § 3, 1-27-2010)

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, 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 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 17.48.040, a new tentative and parcel or final map shall be filed and approved as required by Section 17.40.020.

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.44 - ADJUSTMENTS, MERGERS, CERTIFICATES OF COMPLIANCE AND CONDOMINIUMS