Chapter 16.03
TENTATIVE AND FINAL PARCEL MAPS
Sections:
16.03.020 Parcel maps required.
16.03.040 Form of tentative parcel map.
16.03.050 Soils investigation.
16.03.060 Incomplete or incorrect data.
16.03.070 Action on tentative parcel map.
16.03.080 Filing of final parcel map – Time limit.
16.03.010 General.
A. The application process for tentative parcel maps shall be governed by the provisions of this chapter.
B. An application for approval of a tentative parcel map pursuant to this chapter shall not be submitted nor accepted for filing unless the subdivider has previously obtained all other necessary discretionary city approvals for the development that are required by the zoning ordinance.
C. Prior to the presentation of a formal tentative parcel map to the planning commission, a pre-application conference shall be held between the subdivider and city staff to discuss the layout of the subdivision.
D. The tentative parcel map shall not be considered filed until the environmental documentation required by the California Environmental Quality Act has been completed. (Ord. 510 § 2, 2007)
16.03.020 Parcel maps required.
A. A tentative and final parcel map shall be required for all subdivisions creating four or fewer parcels. A final parcel map shall be prepared in accordance with the Subdivision Map Act and this title unless exempt under EMC 16.01.070.
B. A tentative and final parcel map shall be required for all subdivisions that would require a tentative and final subdivision map, but where any one of the following occurs:
1. The land before division contains less than five acres, each parcel created by the division abuts upon a city-maintained street, road or highway and no dedications or improvements are required by the city;
2. Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a city-maintained street, road or highway;
3. The land consists of a parcel or parcels of land having approved access to a city-maintained street, road or highway, which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the city council as to street alignments and widths;
4. Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter-section; or
5. The land being subdivided is solely for the creation of an environmental subdivision pursuant to Section 66418.2 of the Government Code. (Ord. 510 § 2, 2007)
16.03.030 Parcel map filing.
A. Tentative parcel maps shall be filed with the city planner for review by the planning commission.
B. The following documents shall be completed and filed with the tentative parcel map:
1. Completed application.
2. Two copies of a current preliminary title report or property report dated within 30 days of the filing of the application package documenting at least the following information:
a. Property description.
b. Current ownership.
c. All easements.
3. Environmental questionnaire.
4. Statement indicating whether the property is located on a site that is included on any of the local lists prepared by the California Integrated Waste Management Board of all solid waste disposal facilities from which there is a known migration of hazardous waste.
5. At least 10 full-size copies and 12 reduced-size (11 by 17) copies of the parcel map, prepared as to the requirements of EMC 16.03.040.
6. An electronic copy (such as CAD) compatible with the requirements of the city engineer shall be submitted for maps prepared by registered engineers or land surveyors.
C. The city planner shall examine the map upon presentation and shall not accept such map unless the same is in full compliance with the law and the provisions of this title as to form, data, information and other matters required to be shown thereon or furnished therewith. The map shall not be considered filed until stamped, signed and dated by the city planner and until the environmental documentation required by CEQA has been completed.
D. The city planner shall transmit copies of such tentative parcel map to the city engineer, health officer, irrigation district, chief of police, chief of the fire district, utility companies serving the area, and any other agency, such as school districts, that may have an interest and, if along a state highway, to the office of the district engineer and the California Department of Transportation. When adjacent to the corporate limits of the city, a copy shall be transmitted to the county community development director. (Ord. 510 § 2, 2007)
16.03.040 Form of tentative parcel map.
Tentative parcel maps shall be a maximum of 18 by 26 inches in size and to scale. Any such map shall be clearly prepared and legibly reproduced and shall contain the following data:
A. Key or location map, which shall clearly show the general area including adjacent property, subdivisions and roads, and with sufficient detail to locate the proposed subdivision and show its relation to the community.
B. A title block containing the tract name or number, date of map preparation or any revisions, subdivision name, and type of subdivision. The title block shall be located along the right side of the map so that it can be read when the plan package is rolled up.
C. A north arrow, scale and sufficient description to define the location and boundaries, including the acreage of the proposed tract to the nearest tenth of an acre.
D. Name and address of record owner or owners, subdivider and name and business address of the person preparing the map.
E. Names and numbers of adjacent subdivisions and names of the owners of land immediately adjacent to the subdivision.
F. A statement of present general plan designation and zoning of existing and proposed uses of the property as well as any proposed general plan or zoning changes, whether immediate or future.
G. Sufficient elevations or contours to determine the general slope of the land and information as to how the land will drain after being subdivided.
H. The location, names, widths and grades of highways, streets and other rights-of-way within the subdivision or to be offered for dedication, and the location, name and widths of adjoining and contiguous highways, streets and other rights-of-way.
I. Location and character of all existing and proposed utilities, including the location and size of existing sanitary sewers, fire hydrants, water mains and storm drains. The approximate slope of existing sewers and storm drains shall be indicated. The location of existing overhead utility lines on peripheral streets shall be indicated.
J. The width, location and purpose of all existing and proposed easements together with all building and use restrictions applicable thereto.
K. Lot arrangement, dimensions of all lots and lot numbers.
L. The location and outline of all existing structures identified by type or use. Structures to be removed shall be so marked.
M. Location of all public rights-of-way.
N. Location of all areas subject to inundation of stormwater overflow and the location, width and direction of flow of all watercourses.
O. Locations and size of all pipelines and structures used in connection therewith.
P. City limit lines occurring within the general vicinity of the subdivision.
Q. Type, circumference and drip line of existing nonproduction trees with a trunk diameter of 10 inches or more, measured 24 inches above existing grade. If the property includes more than 40 non-production trees, the city planner may permit the submission of an aerial photograph instead. A production tree is one that produces fruit or nuts.
R. Location of proposed cluster mailboxes, together with the easements necessary for the placement of these units, or a letter of exemption from the postmaster.
S. The city planner or city engineer may require other information as necessary to accomplish the purposes of the Subdivision Map Act and this title. In addition, the city planner or city engineer may waive any of the above tentative parcel map requirements if the requirement is not appropriate to the type of subdivision, or if other circumstances justify a waiver. (Ord. 510 § 2, 2007)
16.03.050 Soils investigation.
A. A preliminary soils report, prepared by a registered civil engineer and based upon adequate test borings, shall be required for every subdivision for which a tentative parcel map is required. The preliminary soils report shall be submitted to the city engineer for review. Upon such review, the city engineer may require additional information or reject the report if it is found to be incomplete, inaccurate or unsatisfactory.
B. The preliminary soils report requirement may be waived if the city engineer determines that, due to the knowledge the city has as to the qualities of the soils of the subdivision, no preliminary analysis is necessary.
C. A soils investigation of each potentially affected lot in the subdivision may be required by the city engineer as a condition precedent to consideration of the tentative parcel map by the planning commission if the preliminary soils report indicates:
1. The presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects; or
2. The presence of rocks or liquids containing deleterious chemicals which, if not corrected, could cause construction materials such as concrete, steel and ductile or cast iron to corrode or deteriorate.
Any soils investigation required pursuant to this subsection shall be done by a registered civil engineer who shall recommend the corrective action likely to prevent structural damage to each structure proposed to be constructed in the area where the soils problem exists. The planning commission may approve or conditionally approve a tentative parcel map, if it determines that the recommended corrective action is likely to prevent structural damage to each structure to be constructed. Such recommended corrective action shall be required to be incorporated in the construction of each structure as a condition to the issuance of any building permit. (Ord. 510 § 2, 2007)
16.03.060 Incomplete or incorrect data.
If at any time during the processing of the tentative parcel map, the map or accompanying data are found to be incomplete or incorrect with respect to pertinent required information, the subdivider shall be promptly advised of the changes or additions that must be made before further action may be taken on the application. Failure to provide the omitted or inaccurate information shall be grounds for denial of the map, unless an extension of time for acting upon said map is mutually agreed upon by the subdivider and the planning commission. (Ord. 510 § 2, 2007)
16.03.070 Action on tentative parcel map.
A. Notice of Public Hearing. Notice shall be given of the public hearing on the tentative parcel map application before the planning commission not less than 10 days before the date of hearing in the following manner:
1. By publication in a newspaper of general circulation in the City of Escalon;
2. By mailing said notice to the owners of real property within 300 feet of the property that is the subject of the application;
3. By mailing or delivering said notice to the subdivider and property owner or the owner's duly authorized agent; and
4. By mailing or delivering said notice to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the proposed subdivision and whose ability to provide those facilities or services may be significantly affected.
B. The planning commission shall base its decision on the conformity of the tentative parcel map, together with the provisions for its design and improvements, with the requirements of this title, the zoning ordinance, the general plan, any applicable specific plans and any other applicable ordinances, resolutions or provisions of law. If the tentative parcel map complies with all of the requirements of this title and the Subdivision Map Act, the planning commission may approve or conditionally approve the map, subject to the dedication of necessary right-of-way for streets and easements, the installation of all improvements along the frontages of the property so divided, as required by the commission, and the installation of all necessary utilities and connections to each lot.
C. Energy Findings. A tentative parcel map shall not be approved or conditionally approved by the planning commission unless it finds that the proposed subdivision meets the requirements of EMC 16.02.300.
D. Regional Housing Needs. Prior to approval of any tentative parcel map, the planning commission must find that it has considered the effect of the map on the housing needs of the region and that these needs have been balanced against the public service needs of the city's residents and available fiscal and environmental resources.
E. Findings Requiring Disapproval. A tentative parcel map shall not be approved or conditionally approved by the planning commission if it makes any of the following findings:
1. That the proposed map is not consistent with the general plan and/or any applicable specific plans.
2. That the design or improvement of the proposed subdivision is not consistent with the general plan and/or any applicable specific plans.
3. That the site is not physically suitable for the type of development.
4. That the site is not physically suitable for the proposed density of development.
5. That the designs 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.
6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems.
7. That the design of the subdivision or the 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 planning commission may approve or conditionally 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.
F. The decision of the planning commission approving, conditionally approving or disapproving a tentative parcel map is final unless appealed as provided in Chapter 16.13 EMC. (Ord. 510 § 2, 2007)
16.03.080 Filing of final parcel map – Time limit.
A. The subdivider or his or her agent may file a final parcel map with the city engineer for his or her examination, certification and recordation within 24 months after the approval or conditional approval of the tentative parcel map. Requests for extensions shall be processed in accordance with Chapter 16.14 EMC. If a final parcel map has not been recorded within 24 months of the date of its initial approval or such extended period of time as may be granted, approval of a new tentative parcel map shall be required.
B. Form of Final Parcel Map. A final parcel map shall be prepared by a registered civil engineer or licensed land surveyor and shall substantially conform to the tentative parcel map, the conditions thereto as approved by the planning commission, and the provisions of this title. A tracing of the final parcel map shall be filed with the city engineer. The map shall show the definite location of the parcel or parcels and particularly their relation to surrounding surveys. The location of any remainder of the original parcel shall be shown, but need not be shown as a matter of survey, but only by reference to the existing record boundaries if such remainder has a gross area of five acres or more. The final parcel map may be compiled from record data when sufficient survey information exists on filed maps to locate and retrace the exterior boundary lines of the final parcel map and when the location of at least one of these boundary lines can be established from an existing monument line. In any case, the final parcel map may be based upon a field survey made in conformance with the Land Surveyor's Act.
C. Consent by Owner. The final parcel map shall contain a certificate which shall be signed and acknowledged by all parties having any record title interest in the real property being subdivided, consenting to the preparation and recording of the final parcel map. Such signatures shall be in accordance with the provisions of EMC 16.06.030.
D. Dedications. If dedications of streets, alleys, walkways, easements, public utility easements or other public ways or access rights are required by the planning commission as conditions of approval of a final parcel map, such dedications shall either be shown on and offered by a certificate on the final parcel map, or made by separate instrument as determined by the city engineer. Such certificate or instrument shall be signed by those parties having any record title interest in the real property being subdivided in accordance with the provisions of EMC 16.06.030.
E. Certification by City Engineer. Upon receipt of the final parcel map, together with the recording fees, and any required improvement security, the city engineer shall examine the map to determine whether said map is technically correct and substantially conforms with the tentative parcel map and to all changes and requirements imposed as conditions of approval by the planning commission. The city engineer shall also refer the final parcel map to the city planner for examination and determination if all the lots and parcels created by said map conform to the requirements of the zoning ordinance. If the city engineer determines that the final parcel map fully conforms to all of the requirements set forth herein, he or she shall so certify on said map.
F. Acceptance of Dedications. Offers of dedication, as set forth in subsection D of this section, shall be reviewed by the city engineer for compliance with the conditions of approval imposed by the planning commission. If all offers of dedication are in accordance with the requirements of the planning commission, the city engineer shall accept such offers of dedication.
G. Security. If the planning commission approves the tentative parcel map conditioned upon the installation of public improvements, it may grant the subdivider a period of time after the recording of the final parcel map in which to complete such installation. If such time period is granted, the subdivider shall post improvement security in one of the forms set forth in EMC 16.16.140.
H. Division of Existing Buildings. Prior to the recordation of a final parcel map, which will result in the division of any existing building or buildings into separate units or parts, the subdivider shall secure certification by the chief building official that any building or buildings to be divided will, after division, meet current code standards for new construction. As used in this section, the phrase “current code standards” refers to all standards in the current adopted editions of the building code, electrical code, plumbing code and mechanical code.
I. Recordation of Final Parcel Map. Upon certification by the city engineer, the final parcel map shall be transmitted to the city clerk, who shall cause said map to be filed in the office of the county recorder.
J. Correction and Amendment of Final Parcel Map. A final parcel map may be corrected or amended as provided by EMC 16.06.050. (Ord. 510 § 2, 2007)