Chapter 18.82
PARCEL MAPS AND FINAL MAPS
Sections:
18.82.030 Waiver of Parcel Map
18.82.040 Parcel Map Form and Content
18.82.050 Filing and Processing of Parcel Maps
18.82.080 Final Map Form and Content
18.82.090 Filing and Processing of Final Maps
18.82.110 Supplemental Information Sheets
18.82.120 Amendments to Recorded Maps
18.82.010 - Purpose of Chapter
This Chapter establishes requirements for the preparation, filing, approval and recordation of Parcel and Final Maps, consistent with the requirements of the Map Act.
18.82.020 - Parcel Maps
As required by Sections 18.80.070 (Type of Subdivision Approval Required), and 18.81.110 (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 as set forth in Section 18.82.030. A Parcel Map shall be prepared, filed and processed as set forth in Section 18.82.040, et seq.
18.82.030 - Waiver of Parcel Map
A subdivider may request the waiver of the requirement for a Parcel Map, and the waiver may be granted, in compliance with the Map Act Section 66428, and the following requirements.
A. Review Authority. The Council may grant a waiver of Parcel Map based on the recommendation of the Commission, in compliance with this Section.
B. Application requirements. A subdivider shall file a request for a waiver of Parcel Map on the forms provided by the Department, which shall include all information and materials required by the Director of Public Works.
C. Required findings for approval. The Review Authority may approve a request for the waiver of a Parcel Map only in conformance with Section 66428 of the Map Act.
D. Certificate of Compliance with Conditions for Approval. Within 24 months of the approval of a Tentative Map [or within the additional time period established by a Tentative Map time extension in compliance with Section 18.81.140 (Extensions of Time for Tentative Maps)] by the Commission for a subdivision where the Council has granted a waiver of Parcel Map, the subdivider shall submit to the Director of Public Works a Certificate of Compliance (CoC). The CoC shall be filed and processed in compliance with the following conditions.
1. CoC Conditions.
a. An adequate legal description of the parcels being created, certified by either a licensed land surveyor or registered civil engineer, unless the Director of Public Works waives this requirement in writing;
b. An affidavit or declaration under penalty of perjury executed by the subdivider that since filing of the Tentative Map and preliminary title report with the City there has occurred no change in the ownership of the subject property and that the information contained in the title report is accurate and remains correct;
c. An affidavit or declaration under penalty of perjury signed by the subdivider certifying that all of the conditions of approval of the Tentative Map have been met and, in the case of improvements allowed to be deferred until time of development pursuant to Government Code Section 66411.1, a statement itemizing the required improvements and binding the subdivider to fulfill such construction requirements at time of development or such earlier time as may be set by the Council for reasons of public health and safety or orderly development of the surrounding area; and
d. An improvement bond, if required in compliance with 18.88.080 (Improvement Agreements and Security).
2. Review for completeness, endorsement. Within 10 days of the filing of the agreement, the Director of Public Works shall examine the CoC submitted for adequacy and compliance. If the Director of Public Works is satisfied that the documentation submitted is correct, accurate and complete, he or she shall approve the CoC with the required conditions. If the documentation is deficient, the Director of Public Works shall notify the subdivider in writing of the deficiencies. The subdivider shall then correct the deficiencies no later than 24 months from the date of approval of the Tentative Map or prior to the expiration of an extension of time. If the deficiencies are not corrected within the time specified, the subdivision shall be deemed denied.
3. Effective date of subdivision. When the CoC, endorsed by the Director of Public Works, is filed for record and written notice of recordation given to the Director of Public Works, the subdivision shall be deemed to be effective and the parcels created by the subdivision may be conveyed or otherwise transferred.
4. Submittal of Certificate of Compliance to affected parties. Prior to the conveyance of any parcel for which the Parcel Map is waived, a copy of the recorded CoC shall be submitted to the buyer, lessee, or financial lender, as the case may be, for each parcel created and to the escrow company or title company processing the transfer.
18.82.040 - Parcel Map Form and Content
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 submittal shall include the application forms, and all information and other materials prepared as required by the Department.
18.82.050 - Filing and Processing of Parcel Maps
A. Filing with the Director of Public Works. The Parcel Map, together with all data, information and materials required by Section 18.81.020 shall be submitted to the Director of Public Works. 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 Director of Public Works 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, if the Tentative Map has not expired.
18.82.060 - Parcel Map Approval
After determining that the Parcel Map is in compliance and is technically correct in compliance with Section 18.82.040, the Director shall forward the Parcel Map to the Council for approval. If Council approves a Parcel Map, the map shall be transmitted by the Director of Public Works to the County Recorder for filing in compliance with Map Act Section 66450. If Council chooses not to approve the Parcel Map it may be withdrawn or sent to staff for further analysis and conditions and brought forward to City Council for further consideration if identified deficiencies are addressed.
18.82.070 - Final Maps
As required by Section 18.80.070 (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. A Final Map shall be prepared, filed and processed as set forth in Section 18.82.080 et seq.
18.82.080 - Final Map Form and Content
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 submittal shall include all information and other materials prepared as required 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 Director of Public Works.
18.82.090 - Filing and Processing of Final Maps
A. Filing with Director of Public Works. The Final Map, together with all data, information and materials required by Section 18.82.080 shall be submitted to the Director of Public Works. 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 Director of Public Works 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, if the Tentative Map has not expired.
C. Multiple Final Maps. Multiple Final Maps may be filed if the subdivider included a statement of intention with the Tentative Map that he or she would submit multiple phased Final Maps.
18.82.100 - Final Map Approval
After determining that the Final Map is in compliance and is technically correct in compliance with Section 18.82.080, the Director of Public Works shall execute the Director of Public Works’ 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 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 Director of Public Works and the subdivider.
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 Final Map within the prescribed time or any authorized extension, and the map conforms to all applicable requirements, 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. 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 pursuant to Map Act Section 66477.2. Any termination of an offer of dedication shall be processed in compliance with Map Act Section 66477.2 and the street vacation procedure.
C. Map with incomplete improvements. If improvements required by this Development Code, conditions of approval, or other 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 18.88.080 (Improvement Agreements and Security), 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 subdivider shall submit the Final Map to County Recorder for recordation and shall provide certified copies to the Director of Public Works.
18.82.110 - Supplemental Information Sheets
In addition to the information required to be included in Parcel Maps and Final Maps (Sections 18.82.040 and 18.82.080, 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 18.82.040 (Parcel Map Form and Content).
B. Content of information sheets. Supplemental information sheets shall contain the following statements and information:
1. Title. A title sheet, including the number assigned to the accompanying Parcel or Final Map by the Director of Public Works, the words “Supplemental Information Sheet;”
2. Explanatory statement. A statement following the Title sheet 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 of 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. 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
5. Information required by conditions of approval. Any information required by the Review Authority to be included on the supplemental information sheets because of its importance to potential successors in interest to the property, including any other easements or dedications.
18.82.120 - Amendments to Recorded Maps
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 Director of Public Works 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 18.88.080 (Improvement Agreements and Security), a new tentative and Parcel or Final Map shall be filed and approved as required by Section 18.80.070 (Type of Subdivision Approval Required).