Chapter 9.104
PARCEL MAPS AND FINAL MAPS
Sections:
9.104.030 Waiver of parcel map.
9.104.040 Parcel map form and content.
9.104.050 Filing and processing of parcel maps.
9.104.060 Parcel map approval.
9.104.080 Final map form and content.
9.104.090 Filing and processing of final maps.
9.104.110 Amendments to recorded parcel or final maps.
9.104.120 Parcel map approval for RHN (Regional Housing Needs) Overlay projects.
9.104.010 Purpose of chapter.
This chapter establishes requirements for the preparation, filing, processing, approval, conditional approval, or disapproval, and recordation of parcel and final maps, consistent with the requirements of the Map Act. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.104.020 Parcel maps.
As required by Section 9.100.080 (Types of subdivision approval required), a parcel map shall be filed and approved to complete the subdivision process for a subdivision of four (4) or fewer parcels, except as otherwise allowed by Map Act Section 66426, or when the requirement for a parcel map is waived in compliance with Section 9.104.030. A parcel map shall be prepared, filed, and processed in compliance with Section 9.104.040 et seq. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.104.030 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; provided, that the Director shall first find that the proposed subdivision complies with all applicable requirements of this Development Code and the Map Act as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and all other applicable requirements of this Development Code and the Map Act. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.104.040 Parcel map form and content.
A parcel map shall be prepared by or under the direction of a licensed land surveyor or civil engineer authorized to practice land surveying by the State of California. Parcel map submittal shall include all information and other materials prepared as required by the City policies, adopted standards, and the Map Act. The parcel map shall be based upon a field survey. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.104.050 Filing and processing of parcel maps.
A. Filing with the City Engineer. The parcel map, together with all data, information, and materials required by Section 9.104.040, shall be filed with the City Engineer in compliance with the time limitations specified in Section 9.102.120 (Tentative map time limits and expiration). The parcel map shall be considered filed when it is complete and complies with all applicable provisions of the Map Act and this Development Code.
B. Review of parcel map.
1. Submittal to City Engineer. Where the filing of a parcel map is required in compliance with this chapter after the approval or conditional approval of the tentative parcel map application, the subdivider may cause the real property included within the map to be surveyed and a parcel map prepared in compliance with the approved tentative parcel map application. All required documents necessary for adequate review of the parcel map shall be submitted to the City Engineer.
2. Documents required for review. The document package submitted for review shall include a copy of the parcel map, survey closure calculations, and any other documents required by the City Engineer and/or identified in the City design guidelines and the tentative parcel map conditions of approval. The design guidelines issued by the City Engineer list the submittal requirements for a parcel map.
3. Review of parcel map for condition and Government Code compliance. The City Engineer shall be the primary coordinator in seeing that the conditions of approval of the tentative parcel map and applicable provisions of the Government Code have been fulfilled. The City Engineer shall transmit maps to and request written reports from the City departments which have submitted conditions on the approved tentative parcel map. The City shall be responsible for submitting separately to any public agencies or other parties that have an interest in the land being subdivided. Within twenty (20) working days after receipt of a parcel map submittal, the City departments shall issue a preliminary written response listing any deficiencies and any items requiring additional information pertaining to the matters under its jurisdiction.
4. Examination by City Engineer. Upon receipt of the parcel map, the City Engineer shall examine it as to sufficiency of affidavits and acknowledgments, correctness of surveying data, mathematical data and computations, and other matters which may require checking to ensure compliance with the provisions of the Map Act, this chapter, and applicable City standards. 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 parcel map has not expired.
C. Filing of official copy of parcel map. If the parcel map and accompanying documents have been found satisfactory by the Director, the subdivider shall cause the parcel map to be officially filed with the City Engineer at least twenty (20) days before the expiration of the approved or conditionally approved tentative parcel map or any approved extension of time granted in compliance with Section 9.102.130 (Extensions of time for tentative maps). The parcel map shall not be officially filed until the engineer or surveyor has received notification from the City Engineer that all provisions of the tentative parcel map approval, the Map Act, this Development Code, the Municipal Code, and applicable City standards have been complied with. The filing of the official copy of the parcel map with the City Engineer shall constitute the timely filing of the parcel map.
D. Improvement agreements and security requirements. The filing and recording of a parcel map shall be subject to the requirements of Section 9.112.040 (Improvement agreements and security). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.104.060 Parcel map approval.
After determining that the parcel map is technically correct and in full compliance with this section, the City Engineer may approve the parcel map in compliance with Map Act Section 66463(b) or, if deemed appropriate, forward it to the Council for approval or disapproval. After approval, the parcel map shall be transmitted by the City Engineer to the office of the County Recorder for recordation in compliance with Map Act Section 66450. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.104.070 Final maps.
As required by Section 9.100.080 (Types of subdivision approval required), a final map shall be prepared, filed, and processed in compliance with Section 9.104.090. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.104.080 Final map form and content.
A final map shall be prepared by or under the direction of a licensed land surveyor or civil engineer authorized to practice land surveying by the State of California. Final map submittal shall include all information and other materials prepared as required by the City policies, adopted standards, and the Map Act. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.104.090 Filing and processing of final maps.
A. Filing with City Engineer. The final map, together with all data, information, and materials required by Section 9.104.080, shall be filed with the City Engineer in compliance with the time limitations specified in Section 9.102.120 (Tentative map time limits and expiration) and subsection E of this section (Time limit for filing final map). The final map shall be considered filed when it is complete and fully complies with all applicable provisions of the Map Act and this Development Code.
B. Review of final map.
1. Submittal to the City Engineer. After receipt of the action of the review authority approving or conditionally approving the tentative map, the subdivider may cause the real property included within the map, or any part thereof, to be surveyed and a final map prepared in compliance with the approved or conditionally approved tentative map application. All documents necessary for adequate review of the final map shall be submitted to the City Engineer.
2. Documents required for review. The document package submitted for review shall include a copy of the final map, survey closure calculations, and any other documents required by the City Engineer, and/or identified in the City design guidelines and the tentative map conditions of approval. The design guidelines issued by the City Engineer list the submittal requirements for a final map.
3. Review of final map for condition and Government Code compliance. The City Engineer shall be the primary coordinator in seeing that the conditions of approval of the tentative map and applicable provisions of the Government Code have been fulfilled. The City Engineer shall transmit maps to and request written reports from the City departments which have submitted conditions on the tentative map. Within twenty (20) working days after receipt of the final map submittal, the City departments shall issue a written response listing any deficiencies and any items requiring additional information pertaining to the matters under its jurisdiction.
4. Examination by City Engineer. Upon receipt of the final map, the City Engineer shall examine it as to sufficiency of affidavits and acknowledgments, correctness of surveying data, mathematical data and computations, and other matters which may require checking to ensure compliance with the provisions of the Map Act, this chapter, and applicable City standards. If the final map is found to be in substantial compliance with the tentative map and is in correct form, the matters shown on the map are sufficient, and the City Engineer is satisfied that all of the conditions of approval have been met, the City Engineer shall endorse approval of the final map. The City Engineer shall combine with the final map the agreements, easements, and securities as required by this chapter. The material shall be transmitted to the Council for its consideration of the final map.
C. Filing of official copy of final map. If the final map and the accompanying documents have been found satisfactory by the City Engineer, the subdivider shall cause the final map to be officially filed with the City Engineer at least twenty (20) days before the expiration of the approved or conditionally approved tentative map or any approved extension of time granted in compliance with Section 9.102.130 (Extensions of time for tentative maps). The final map shall not be officially filed until the engineer or surveyor has received notification from the City Engineer that all provisions of the tentative map approval, the Map Act, this Development Code, the Municipal Code, and applicable City standards have been complied with. The filing of the official copy of the final map with the City Engineer shall constitute the timely filing of the final map.
D. Time limit for filing final map. If the subdivider fails to file the final map with the City Engineer and the required accompanying data with the appropriate City departments within thirty-six (36) months for tentative maps (see Section 9.102.120(A) (Valid for thirty-six (36) months)) and twenty-four (24) months for vesting tentative maps (see Section 9.102.110(D)(4)(a)) after the date of first approval by the review authority or within any authorized extension of time, the tentative map approval or conditional approval shall become void. In this case, a new filing fee shall be paid, and an application for a new tentative map approval shall be filed.
1. If one hundred twenty (120) days before the submittal of a final map, the subdivider has failed to comply with the tentative map conditions which require the subdivider to construct or install off-site improvements on land in which neither the subdivider nor the City has sufficient title or interest, including an easement or license, then at the time the final map is filed with the local agency, to permit the improvements to be made, the subdivider shall enter into an agreement with the City through the City Engineer to pay all costs of the City in acquiring the property.
2. The City shall have one hundred twenty (120) days from the filing of the final map, in compliance with Map Act Section 66457, to obtain interest in the land to allow the improvement(s) to be made by negotiation or proceedings in compliance with Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure, including proceedings for immediate possession of the property under Article 3 (commencing with Section 1255.410) of Article 6 of that title.
3. In the event the City fails to meet the one hundred twenty (120) day time limitation, the condition for construction of off-site improvements shall be conclusively deemed to be waived.
4. Before approval of the final map, the City may require the subdivider to enter into an agreement to complete the improvements, in compliance with subsection F of this section (Improvement agreements and security requirements) at the time as the City acquires an interest in the land which will allow the improvements to be made.
5. “Off-site improvements,” as used in this subsection, do not include improvements which are necessary to ensure replacement or construction of housing for persons and families of low or moderate income, as defined in Health and Safety Code Section 50093.
F. Improvement agreements and security requirements. If at the time of approval of the final map by the Council, any improvements required by local ordinance or as a condition of the approval of the tentative map have not been completed in compliance with City standards applicable at the time of the approval or conditional approval of the tentative map, the Council, as a condition precedent to approval of the final map, shall require the subdivider to enter into an agreement with the Council in compliance with Section 9.112.040 (Improvement agreements and security). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.104.100 Final map approval.
After determining that the final map is in compliance with Section 9.104.080, and is technically correct, the City Engineer shall forward the final map to the City Clerk for Council action, as follows:
A. Review and approval by Council.
1. Timing of Council’s review. The Council shall approve or disapprove the final map at the meeting at which it receives the map from the City Engineer or at its 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 subdivider.
2. Criteria for approval. The Council shall approve the final map if it conforms to all of 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.
3. City Engineer’s Certificate. Following approval by the Council the City Engineer shall execute the City Engineer’s certificate.
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 any or all offers of dedication, at the same time as it takes action to approve the final map. If the Council rejects the offer of dedication, the offer shall remain open and may be accepted by the Council at a later date in compliance with Map Act Section 66477.2. Any termination of an offer of dedication shall be processed in compliance with Map Act Section 66477.2 using the same procedures as specified by Part 3 of Division 9 of the Streets and Highway Code.
C. Map with incomplete improvements. If improvements required by this Development Code, conditions of approval, or other applicable laws 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 9.112.040 (Improvement agreements and security), as a condition precedent to the approval of the final map.
D. Recording of final map.
1. After action by the Council and after the required signatures and seals have been affixed, the City Clerk shall transmit the final map back to the City Engineer.
2. The City Engineer shall transmit the map to the County Recorder for recording.
3. The County Recorder shall oversee the recording of the final map. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.104.110 Amendments to recorded parcel or final maps.
A recorded parcel or final map may be amended to correct errors in the recorded map or to change characteristics of the approved subdivision in compliance with Map Act Chapter 3, Article 7.
A. Type of corrections allowed in compliance with Map Act Section 66469. 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 Map Act Chapter 3, Article 7. 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 acreage, parcel numbers, 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.
1. Application and review process. An application to amend a recorded parcel or final map in compliance with Map Act Section 66469 shall be filed with the City Engineer. The City Engineer shall determine if the changes requested may be approved with a certificate of correction or an amending map. The City Engineer may request additional information based upon that determination and shall approve the certificate of correction or the amending map if the required findings specified in subsection (A)(2) of this section can be made.
2. Findings. A parcel or final map may be amended, if the City Engineer first finds all of the following to be true:
a. The change(s) requested only involves a minor map annotation correction(s);
b. The amendment(s) does not impose any additional burden on the fee owners of the real property;
c. The amendment(s) does not alter any right, title, or interest in the real property reflected on the map; and
d. The map, as amended, is still in compliance with Map Act Section 66474.
B. Type of corrections allowed in compliance with Map Act Section 66472.1. In the event that there are changes in circumstances which make any or all of the conditions of a recorded parcel or final map no longer appropriate or necessary, the following procedures shall be followed to amend the map:
1. Application and review process. An application to amend a recorded parcel or final map in compliance with Map Act Section 66472.1 shall be filed with the Director. The Director shall refer the application to the City Engineer for comment. Once approved by both the Director and the City Engineer, the application shall be sent to the Council for approval of either a certificate of correction or an amending map. The Council shall approve the application if the required findings specified in subsection (B)(2) of this section can be made.
2. Findings. A parcel or final map may be amended, if the Council first finds all of the following to be true:
a. There is a change(s) in circumstances that make any or all of the conditions of the map no longer appropriate or necessary;
b. The amendment(s) does not impose any additional burden on the fee owners of the real property;
c. The amendment(s) does not alter any right, title, or interest in the real property reflected on the map; and
d. The map, as amended, is still in compliance with Map Act Section 66474.
C. Recordation. After approval, the certificate of correction or amending map shall be submitted to the County Recorder for recordation.
D. Amendment of an approved subdivision. In the event that a subdivider wishes to amend (e.g., change or modify) the characteristics of an approved subdivision (e.g., a recorded parcel or final map), 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 9.112.040 (Improvement agreements and security), the subdivider shall file a new tentative, parcel, or final map in compliance with this chapter or comply with the requirements of Map Act Section 66499.20-1/2. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.104.120 Parcel map approval for RHN (Regional Housing Needs) Overlay projects.
A. Purpose. It is the purpose of this section to provide a ministerial review and approval process for dividing parcels, including parcels in excess of ten (10) acres in size, into qualifying RHN (Regional Housing Needs) Overlay project sites pursuant to Section 9.18.050.
B. Review and approval of RHN parcel maps. Notwithstanding anything to the contrary in this chapter, when a project proposes to divide land into two (2) or more parcels, but fewer than five (5) parcels, for the purpose of developing one or more of the newly created parcels as a RHN (Regional Housing Needs) Overlay project pursuant to Section 9.18.050, the following shall apply:
1. No tentative parcel map shall be required.
2. The City Engineer shall make a finding in support of approval of a parcel map that the proposed map is consistent with the Municipal Code, the Map Act, and other applicable law with respect to parcel size, zoning, and density.
3. The parcel map shall be approved in accordance with Section 9.104.060, except that final action shall rest with the City Engineer. (§ 2, Ord. 20-15, eff. December 2, 2020)