Chapter 16.32
PARCEL MAPS
Sections:
16.32.020 Tentative parcel map.
16.32.050 Public hearing and decision.
16.32.060 Extension of time for decision.
16.32.080 Effective date of parcel map approval.
16.32.090 Conditions and improvement plans.
16.32.100 Correction and amendments.
16.32.110 Waiver of parcel map requirements.
16.32.010 Purpose.
This chapter establishes requirements for the preparation, filing, processing, approval, conditional approval, or denial, and recordation of parcel maps, consistent with the requirements of the Map Act. (Ord. 25-01 § 1).
16.32.020 Tentative parcel map.
A. Option to File Tentative Map. A subdivider shall have the option to file a tentative parcel map, if they desire to obtain the rights conferred by Chapter 4.5 (commencing with Government Code Section 66498.1) of the Map Act. (Government Code Section 66428(c))
B. Procedure for Tentative Map. A tentative parcel map shall comply with all requirements of Chapter 16.24 BMC (Tentative Maps and Vesting Tentative Maps); except that the review authority for approval, conditional approval, or denial shall be administered in accordance with this section. (Ord. 25-01 § 1).
16.32.030 Parcel map filing.
A. When Required. A parcel map shall be filed for a subdivision when required by Government Code Section 66410 et seq.
B. Application.
1. Application and fees shall be filed with the department in accordance with the provisions of BMC 16.04.070 (Application filing) and 16.04.080 (Fees).
2. Submission of a tentative map shall not constitute filing with the city until all required plans, statements, forms and clearances, a completed application with appropriate fees are deposited with the department, and a receipt is provided to the applicant.
3. Failure to submit all materials and statements required by this section, and the application and fee requirements of BMC 16.04.070 (Application filing) and 16.04.080 (Fees), shall constitute grounds for rejection of the application. Applications may be deemed incomplete by the city instead of being rejected.
4. Included with the application shall be a signed statement indicating whether the project site is located on a site included on any of the local lists prepared by the California Integrated Waste Management Board in compliance with Government Code Sections 65962.5(d) and 65962.5(f).
C. Form and Contents.
1. The form, contents, accompanying data, and filing of a parcel map shall conform to the Map Act and this section. (Government Code Section 66444)
2. The parcel map shall be prepared in a manner acceptable to the department and city engineer in accordance with the applicable adopted submittal checklist and/or standards and shall be prepared by a licensed land surveyor.
3. The tentative map shall be clearly and legibly drawn and in compliance with the city’s adopted standards.
4. The map shall be drawn to an engineer’s scale, large enough to show all information clearly. The particular 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. (Government Code Section 66445(a))
5. The map shall contain not less than the following:
a. A title including the subdivision number obtained from the county recorder, subdivision name, and type of subdivision;
b. Name and address of the legal owner, subdivider, and person preparing the map, including registration or license number;
c. A description of the real property being subdivided (Government Code Section 66445(c));
d. The location of streets and property lines bounding the property (Government Code Section 66445);
e. Date of map preparation and map revision, if the map is revised after the initial submittal to the city;
f. North arrow, scale, contour interval, and source and date of existing contours;
g. The exterior boundary of the land indicated by distinctive symbols and clearly so designated (Government Code Section 66445(d)(1));
h. The location of each parcel and its relation to surrounding surveys (Government Code Section 66445(d)(1));
i. Each parcel shall be numbered or lettered and each block may be numbered or lettered (Government Code Section 66445(c));
j. All proposed parcels shall be clearly identified, numbered and dimensioned;
k. The size and parcel number of the smallest and largest parcels;
l. Designated remainder and omitted parcels labeled and/or designated in accordance with Government Code Section 66445 et seq.;
m. Each street shall be named or otherwise designated (Government Code Section 66445(c));
n. Any and all statements, acknowledgments and certificates required pursuant to Article 3 (Parcel Maps) of the Map Act; and
o. Any existing public streets or public easements. A written notation shall be provided for any existing public streets or public easements that will be abandoned (Government Code Section 66445(j));
6. Informational Exhibit. At the time of filing, an informational exhibit shall be provided on one or more sheets which provides the following information. The exhibit shall be shown as an overlay to the property boundary and proposed parcel lines:
a. The location and outline of existing structures identified by type. Structures to be removed shall be so marked;
b. The widths, location and identity of all existing easements;
c. The location of existing overhead utility lines on peripheral streets;
d. The location and size of fire hydrants, sanitary sewers, storm drains, and water mains, including all necessary provisions for handling sewage, storm water, and water supply. Proposed slopes, approximate elevation, direction of flow, and type of facilities for sanitary sewers, storm drains, and overland drainage releases shall be indicated;
e. The approximate boundaries of areas subject to inundation or storm water overflows, and the location, width, and direction of flow of all watercourses;
f. Engineering plan and data showing the approximate finished grade of each parcel, the preliminary design of all grading, the elevation of proposed building pads, and the top and toe of all cut and fill slopes, to scale;
g. Type, circumference and dripline of existing trees with a trunk diameter of four inches or more, measured 48 inches above existing grade. Elevations shall be provided and trees shall be numbered. Trees to be removed shall be designed with an “X”;
h. A planting plan for erosion control, slopes, street trees, other landscaping, and fencing;
i. Areas to be used for public purposes or facilities;
j. Proposed recreation parks, sites, trails and common areas, clearly specifying whether such areas are for private or public use; and
k. Proposed improvements which include but are not limited to:
i. The location, arc length, centerline radius, and grade of curves, pavement, and rights-of-way width of all streets;
ii. Typical sections of all streets shall be shown, including pavement widths, curbs, gutters, sidewalks, medians, and slopes of cuts and fills;
iii. Proposed private streets shall be clearly indicated;
iv. The location and radius of all curb returns and cul-de-sacs;
v. The location, width, and purpose of all easements;
vi. The angle of intersecting streets, if the angle deviates from a right angle by more than four degrees; and
vii. The name(s) of any engineering geologist or soil engineer whose services were required in the preparation of the design of the tentative map.
l. The director may waive any of the above information when it can be seen with certainty that the information required is not applicable to the parcel map.
D. Accompanying Data and Reports. At the time of filing, a parcel map shall be accompanied by all of the following data and reports, or such other data or reports deemed necessary as specified in published submittal standards and/or checklists:
1. A statement of present zoning and of existing and proposed uses of the property, and any proposed zoning map changes, whether immediate or future;
2. A statement of the time when improvements are proposed to be completed;
3. A description of bridges, fences, gates, landscaping, or other proposed improvements which may not be fully shown on the map;
4. A preliminary title report, not more than 90 days old, showing the legal owner(s) at the time of filing the parcel map;
5. Soil and engineering geology reports as specified in subsection (E) of this section (Preliminary Soil and Engineering Geology Reports);
6. Proposed map or deed restrictions, if any;
7. Description, location, and existing elevation of an established city benchmark or other benchmarks within the immediate vicinity; and
8. Information required by the director to allow a determination on environmental review to be made in compliance with the California Environmental Quality Act (CEQA).
E. Preliminary Soil and Engineering Geology Reports.
1. Preliminary Soil Report.
a. A preliminary geotechnical engineering report, prepared by a soil engineer, based upon adequate test borings or excavations, shall be submitted with each application.
b. The report shall include any information appropriate for the site, including any information required by the city engineer in compliance with subsection (E)(4) of this section (Expanded Investigation). (Government Code Sections 66490, 66491, Business and Professions Code Section 6736.1)
2. Preliminary Engineering Geology Report.
a. A preliminary engineering geology report, prepared by an engineering geologist, shall be submitted with each application.
b. The report shall include any information appropriate for the site, including any information required by the city engineer. (Government Code Sections 66490, 66491)
3. Waiver. A preliminary soil report and/or engineering geology report may be waived by the city engineer if they find that, due to the knowledge the city has as to the soil and geologic conditions in the subdivision, no preliminary analysis is necessary. Such knowledge would include the nature, distribution, and strength of the existing soils; the necessary grading procedures and design criteria for corrective measures; and the geology of the site and the effect of geologic conditions on the proposed development.
4. Expanded Investigation. If the preliminary soil report or the preliminary engineering geology report indicates, or the city engineer has knowledge of, the presence of soil or geologic conditions which, if corrective measures are not taken, could lead to structural defects, then a soil or engineering geology investigation of each proposed parcel shall be submitted. (Government Code Sections 66490, 66491)
5. Final Reports. When preliminary soils and/or geology reports are prepared, final reports shall be submitted, prior to the acceptance of the improvements or the release of occupancy permits, indicating the specific actions taken pursuant to the preliminary report recommendations. Such reports shall contain complete and sufficient field data to indicate full compliance with the preliminary report or subsequent progress report recommendations as they were applied to specific areas or improvements.
6. Hazardous Waste and Substances Statement.
a. Under Government Code Section 65962.5, the California Secretary for Environmental Protection is required to consolidate information regarding land where certain hazardous wastes or contaminants are present, and to distribute a list to each city and county in which sites on the list are located.
b. An applicant for any development project shall consult the list sent to the city and submit a signed statement to the city indicating whether the project and any alternatives are located on the list. (Government Code Section 65940) (Ord. 25-01 § 1).
16.32.040 Application review.
A. Completeness. The director, in consultation with the city engineer, shall within 30 days after filing the application determine whether the application is complete in compliance with the requirements of this title and the State Permit Streamlining Act. (Government Code Sections 65943, 66452)
B. Consistency. The subdivider shall make corrections and additions until the application is complete in compliance with the requirements of this title and demonstrates compliance with the general plan, any applicable specific plan, the provisions of this municipal code and applicable objective planning and design standards and standard engineering specifications. (Ord. 25-01 § 1).
16.32.050 Public hearing and decision.
A. Public Hearing. Following a determination that the application is complete, the department shall prepare a report and set the matter for a public hearing. Notice of the public hearing shall be given in accordance with BMC 16.08.040 (Public hearing notice).
B. Continued Hearings. A public hearing may be continued from time to time and, if continued to a specific date, time and place, no new notice is required. (Government Code Section 65095)
C. Timeline. Within 10 working days of the conclusion of a public hearing, the review authority shall approve, conditionally approve, or deny the parcel map.
D. Approval. The parcel map shall be approved or conditionally approved if the map conforms to all of the requirements of the Map Act and is consistent with the general plan or any applicable specific plan and the provisions of this municipal code.
E. Denial. A parcel map shall be denied if the review authority makes any of the following findings (Government Code Section 66474):
1. That the proposed parcel map is not consistent with the general plan or any applicable specific plan (Government Code Section 66474(a));
2. That the design or improvement of the proposed parcel map is not consistent with the general plan or any applicable specific plan (Government Code Section 66474(b));
3. That the site is not physically suitable for the type of development (Government Code Section 66474(c));
4. That the site is not physically suitable for the proposed density of development (Government Code Section 66474(d));
5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat (Government Code Section 66474(e));
6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems (Government Code Section 66474(f)); and
7. That the design of the subdivision or type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the review authority may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. (Government Code Section 66474(g))
8. Notwithstanding subsection (E)(5) of this section, a parcel map may be approved if an environmental impact report was prepared with respect to the project and a finding was made pursuant to Section 21080(a)(3) of the Public Resources Code that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. (Government Code Section 66474.01)
F. Limitation on Denial. Approval of a map shall not be withheld when the failure of the map to comply is the result of a technical and inadvertent error which, in the determination of the review authority, does not materially affect the validity of the map. (Government Code Section 66473)
G. Dedications. The city engineer may accept or reject dedications and irrevocable offers of dedication that are made by statement on the map. (Government Code Section 66463(b)).
H. Effect of Approval on Prior Approvals. The approval or conditional approval by the review authority of any revised or new parcel map shall annul all previous subdivision designs and approvals for the same site. (Ord. 25-01 § 1).
16.32.060 Extension of time for decision.
A. Authority. The time limits for review and decision on a parcel map, as specified in this title and Government Code Section 66451 et seq., may be extended by mutual consent of the subdivider and the city.
B. Request. An extension request shall be made in writing and shall be filed with the department not less than 45 days before the date of expiration of the approval or previous extension, together with the required filing fee in compliance with the adopted fee schedule.
C. Findings. The director may grant an extension for a parcel map application subject to the following findings:
1. There have been no changes to the provisions of the general plan, any applicable specific plan, or this municipal code applicable to the project;
2. There have been no changes in the character of the site or its surroundings that affect how the policies of the general plan, any applicable specific plan, or other standards of this municipal code apply to the project; and
3. There have been no changes to the capacities of community resources, including but not limited to roads, sewage treatment or disposal facilities, schools, or water supply so that there is no longer sufficient remaining capacity to serve the project.
D. No public hearing is required for the extension. (Ord. 25-01 § 1).
16.32.070 Recordation.
A. Submittal of Map for Recording. Following a decision to approve or conditionally approve the parcel map, the subdivider shall submit the parcel map to the city engineer, corrected to its final form. The parcel map shall meet the requirements of Government Code Section 66445.
B. City Engineer Review. The city engineer shall review the parcel map for compliance with the requirements as to form of the Map Act.
C. Signatures. Following review of the parcel map, the city engineer shall cause the map to be circulated for signature by all parties required to execute certificates on the map.
D. The parcel map shall be recorded in accordance with BMC 16.04.090 (Document recordation).
E. A copy of the recorded parcel map shall be provided to the city. (Ord. 25-01 § 1).
16.32.080 Effective date of parcel map approval.
The approval of a parcel map shall become effective on the tenth working day following the date of decision by the review authority, if no appeal is filed in accordance with BMC 16.08.080 (Appeals). (Ord. 25-01 § 1).
16.32.090 Conditions and improvement plans.
A. Compliance With Conditions. After approval of a parcel map in compliance with this title, the subdivider shall proceed to fulfill the conditions of approval within any time limits specified by the conditions.
B. Improvement Plans. Where applicable, the applicant shall prepare, file, and receive approval of improvement plans in compliance with Chapter 16.12 BMC (Design and Improvement Standards) before constructing any required improvements. (Ord. 25-01 § 1).
16.32.100 Correction and amendments.
A. Amendments to the approved or conditionally approved parcel map or conditions of approval may be made in accordance with the provisions of this section.
1. Minor Amendments. Upon receipt of an application and fee filed in accordance with BMC 16.04.070 (Application filing) and 16.04.080 (Fees), the director shall review and may approve a minor amendment without the need for any additional public hearing or notice. A “minor amendment” is one that does not increase nor decrease the number of legal buildings or the lot area of any parcel by more than 25 percent.
2. Major Amendments. Upon receipt of an application and fee filed in accordance with BMC 16.04.070 (Application filing) and 16.04.080 (Fees), the department shall review and process a request for a major amendment in accordance with BMC 16.32.050 (Public hearing and decision). A “major amendment” is one that increases the number of legal buildings or the lot area of any parcel by 25 percent or more.
B. An approved amendment shall be filed as an amending map or certificate of correction with the county recorder in accordance with Article 7 of the Act, commencing with Government Code Section 66469. Procedures for recordation shall be in accordance with BMC 16.04.090 (Document recordation). (Ord. 25-01 § 1).
16.32.110 Waiver of parcel map requirements.
A. Waiver. The director may, at their discretion, waive the requirements for a parcel map upon receipt of an application and fee in accordance with BMC 16.04.070 (Application filing) and 16.04.080 (Fees), for the following (Government Code Section 66428):
1. Division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees;
2. Division of property resulting from conveyance of land or interest therein 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. “Land conveyed to or from a governmental agency” includes a fee interest, a leasehold interest, an easement, or a license;
3. Division of property which has been merged pursuant to this title, the Map Act or any prior ordinance of the city; or
4. Any other division of property which would otherwise require a parcel map.
B. Compliance Findings. The director, in consultation with the city engineer, shall make written findings that the proposed division of land complies with requirements as to:
1. Area;
2. The city’s standard engineering specifications for improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, and environmental protection; and
3. Other requirements of the Map Act and this municipal code.
C. Documentation and Filing. Upon waiver of the parcel map pursuant to this section, a certificate of compliance shall be completed in accordance with BMC 16.40.020 (Certificates of compliance) and filed with the county recorder in accordance with BMC 16.04.090 (Document recordation). The certificate of compliance shall include:
1. A plat showing the division; and
2. A certificate by the county tax collector that all taxes have been paid in compliance with Government Code Section 66492.
D. Conditions for Waiver. A waiver may be conditioned to provide for payment by the subdivider of parkland dedication, drainage, and other fees by a method approved by the city engineer. (Ord. 25-01 § 1).
16.32.120 Urban lot split.
A. Application.
1. A parcel map for an urban lot split (“urban lot split”) shall be filed, approved and recorded in accordance with the provisions of this chapter, except as otherwise provided in this section.
B. Ministerial Approval. An urban lot split shall be approved ministerially if the following conditions are true (Government Code Section 66417(b)(1)):
1. The urban lot split conforms to all standards of Sections 66411.7(a) and 65852.21 of the Government Code as they currently exist or may hereinafter be amended; and
2. The urban lot split conforms to the objective planning and design standards and standard engineering specifications of the city. (Government Code Section 66411.7(m)(1))
C. Limitations.
1. No objective planning and design standard may be imposed that would have the effect of physically precluding two units on either resulting parcel, or that would result in a unit size of less than 800 square feet. (Government Code Section 66411.7(c)(2))
2. The subdivider shall not be required to cure a preexisting nonconforming zoning condition, nor may the urban lot split be denied on this basis. (Government Code Section 66411.7(i))
D. Denial. An urban lot split may be denied by the director only if supported by written findings of the building official, based upon a preponderance of evidence, that the proposed development would have a specific, adverse impact, as defined and determined in Government Code Section 65589.6(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (Government Code Section 66411.7(d))
E. Required Conditions. The following conditions of approval shall be required for an urban lot split, except as otherwise provided in the Map Act (Government Code Sections 66411.7(e) and 66411.7(f)):
1. Easements shall be dedicated for the provision of public services and facilities to the satisfaction of the city engineer and in accordance with this title (Government Code Section 66411.7(e)(1));
2. Parcels shall have access to, and provide access to, or adjoin the public right-of-way in accordance with this title (Government Code Section 66411.7(e)(2));
3. One off-street parking space conforming to the dimension requirements of Chapter 17.74 BMC (Off-Street Parking and Loading Regulations) shall be required per dwelling unit unless the urban lot split conforms to the exemptions of Government Code Section 66522.7(e)(3) (Government Code Section 66411.7(e)(3));
4. All uses on a lot created by this section shall be solely residential uses (Government Code Section 66411.7(f));
5. One principal dwelling unit is required per parcel; no more than two dwelling units may be permitted per parcel. “Dwelling unit” means a unit or units created pursuant to Government Code Section 65852.2, a primary dwelling, accessory dwelling, or junior accessory dwelling as such terms are defined in the Government Code (Government Code Section 66411.7(j));
6. The applicant shall sign an affidavit, on a form provided by the city, stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split (Government Code Section 66411.7(g)(1));
7. Rental terms of any unit created by the subdivision shall not be less than 30 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one 30-day period of occupancy by the same tenant (Government Code Section 66411.7(h));
8. No parcel established by an urban lot split may be further divided through a subsequent urban lot split (Government Code Section 66411.7(a)(3)(F));
9. The housing development project shall not result in demolition of more than 25 percent of existing exterior structural walls, unless the site has not been occupied by a tenant in the last three years (Government Code Section 65852.21(a)(5)); and
10. Any dwelling unit shall comply with a minimum setback requirement of four feet from the side and rear property lines, except where the dwelling unit replaces an existing structure in the same location and of the same dimensions. (Government Code Section 65852.21(b)(2)(B)) (Ord. 25-01 § 1).