Chapter 15.28
PARCEL MAPS1
Sections:
I. General Provisions
15.28.010 Parcel map required.
15.28.020 Record of survey required.
15.28.030 Design and improvements.
15.28.040 Correlation to standard subdivision.
II. Tentative Parcel Map
15.28.050 Information required.
15.28.060 Accompanying statements.
15.28.080 Planning commission action.
15.28.085 Approval without commission action.
15.28.090 Elimination of, or changes in, existing lot lines.
15.28.100 Partial width streets.
15.28.110 Panhandle lot subdivisions.
15.28.120 Maps requiring dedication.
15.28.150 Limitation on approval.
15.28.154 Amendments to approved tentative parcel map.
III. Parcel Map
15.28.160 Submittal and examination.
15.28.170 Certification and recordation.
15.28.180 Issuance of building permit.
I. General Provisions
15.28.010 Parcel map required.
A tentative parcel map shall be filed and conditionally approved, and a parcel map shall be filed and recorded for any subdivision for which a tentative and final map is not required by the Subdivision Map Act except for subdivisions for which a parcel map is specifically waived by the Subdivision Map Act; provided, however, that upon a showing made to the City Council based upon substantial evidence, that public policy necessitates such a map, this exception shall not apply. Fees in the amount provided by the City Council and the recording fees as required by the San Mateo County recorder shall be paid at the time of filing. Such maps shall meet all the requirements of the Subdivision Map Act and of this title. (Ord. 615 § 1 (part), 1977: Prior code § 24.13(I)).
15.28.020 Record of survey required.
A record of survey may be filed in lieu of a parcel map for lot line adjustments between four (4) or less adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created; provided the lot line adjustment is approved by the city engineer.
A preliminary record of the survey shall be submitted to the city engineer with sufficient data for checking for conformance to Title 16 and for accuracy and completeness of the record of survey. The approved record of survey shall then be submitted to the county surveyor for review and certification and filed with the recorder of the county of San Mateo in accordance with the provisions of the Land Surveyor’s Act. No building permit shall be issued prior to the recordation of the record of survey. Fees for processing records of survey shall be the same as those for processing of parcel maps. (Ord. 868 § 4A (part), 1995: Ord. 615 § I (part), 1977: Prior code § 24.13(2)).
15.28.030 Design and improvements.
A minor subdivision under the provisions of this title shall comply with the provisions of Chapter 15.16, Design Improvement Standards. (Ord. 615 § 1 (part), 1977: Prior code § 24.13(3)).
15.28.040 Correlation to standard subdivision.
Where, in the opinion of the city engineer, compliance with these sections requires information beyond that required by this chapter, such information shall be supplied as required for tentative and final maps, according to Chapters 15.20 and 15.24. (Ord. 615 § 1 (part), 1977: Prior code § 24.13(4)).
II. Tentative Parcel Map
15.28.050 Information required.
A legible tentative parcel map eighteen inches by twenty-six inches in size, drawn to scale, shall be prepared and submitted, showing all information required by the Subdivision Map Act, including the following:
(1) Name, address and telephone number of person filing the map, the name and tract number of the proposed subdivision, the name and address of the person who prepared the map;
(2) Name and legal designation of tract in which the subdivision is located and ties to adjoining streets;
(3) Any other data necessary for the intelligent interpretation of the various items and location points, lines and areas shown, including: elevations where topography is a vital factor, centerlines of important watercourses, areas subject to flood, roads (accurately located), utilities, existing structures and dimensions;
(4) Adequate space adjacent to the title block shall be provided for the city engineer’s certificate and conditions of approval;
(5) Flood hazard area provisions of Section 15.16.140 shall apply. (Ord. 658 § 2(d), 1980; Ord. 615 § 1 (part), 1977: Prior code § 24.13(5)).
15.28.060 Accompanying statements.
Accompanying the tentative parcel map shall be the following: a statement by the subdivider as to drainage, roadways or other required improvements to be constructed by him, and whether proposed roads, widenings or easements are offered for dedication. (Ord. 615 § 1 (part), 1977: Prior code § 24.13(6)).
15.28.070 Filing.
Ten blueline copies of an acceptably complete tentative parcel map shall be filed with the clerk of the planning commission at least fifteen days prior to the time at which action by the planning commission is expected. The clerk shall immediately forward nine copies of such map to the city engineer, who will distribute them as necessary, including transmittal to any public utility or special district serving the general area of the proposed minor subdivision.
If the city engineer finds compliance with applicable sections and ascertains the parcel map to be technically correct, he shall endorse a statement on it attesting to his examination thereof, list the conditions of approval, if any, and shall present it to the planning commission for approval. Otherwise, he shall return it to the applicant, together with a statement of the changes necessary to make it conform to the requirements of this chapter.
Any special district or utility company concerned may make a report to the planning commission as to the adequacy of the existing and proposed facilities and easements. (Ord. 615 § 1 (part), 1977: Prior code § 24.13(7)).
15.28.080 Planning commission action.
The planning commission shall act on any tentative parcel map within fifty (50) days of the date of filing unless the time period is extended by mutual consent of the city and the subdivider. If an environmental impact report is prepared for the tentative parcel map, the fifty-day period shall not be applicable and the planning commission shall act within forty-five (45) days after certification of the environmental impact report. Planning commission action on the tentative parcel map shall be final unless the planning commission decision is appealed to the City Council. (Ord. 868 § 4A (part), 1995: Ord. 761 § 2(A), 1988; Ord. 615 § 1 (part), 1977: Prior code § 24.13(8)).
15.28.085 Approval without commission action.
The city engineer may approve or conditionally approve a tentative parcel map: provided that: (a) the tentative parcel map is limited to and necessary for a project that has previously received all necessary use, conditional development, and planning development permit approvals, including at least one such approval, and/or (b) the tentative parcel map will accomplish a lot line adjustment between adjacent lots without changing the number of such lots. The city engineer shall limit his/her review and approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to the local zoning and building ordinance. Within five (5) days after the city engineer’s approval or conditional approval of a lot line adjustment, the city engineer shall file a written report with the secretary of the planning commission and the city clerk and mail a copy of the report to the subdivider and each person who has filed a request for special notice. An appeal from such approval or conditional approval may be made to the planning commission within twenty (20) days from the date of the city engineer’s approval. The provisions of Section 16.86.025 regarding appeals by the City Council and councilmembers shall apply to such appeals; provided, that the period for appeal shall be twenty (20) days, the appeal shall be filed with the secretary of the planning commission, and a member of the planning commission shall have the same appeal rights as a councilmember. Any application for a lot line adjustment that is not in conformance with the above requirements shall be processed as a minor subdivision pursuant to this title. No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professional Code. (Ord. 868 § 4A (part), 1995: Ord. 761 § 2(B), 1988).
15.28.090 Elimination of, or changes in, existing lot lines.
Any lot created by a minor subdivision approved by the city shall eliminate any previously recorded lot lines which fall within such minor subdivision.
Remaining portions of all the existing lots whose boundaries are changed shall be shown in a minor subdivision, except that if such remainder has a gross area of five acres or more, it need not be shown as a matter of survey, but shown only by reference to the existing record boundaries of such remainder. (Ord. 615 § 1 (part), 1977: Prior code § 24.13(9)).
15.28.100 Partial width streets.
Partial width streets may be approved by the planning commission when lot owners on both sides of a street are not able to coordinate development, but in no case shall such street be less than thirty feet of right-of-way and twenty feet of pavement. (Ord. 615 § 1 (part), 1977: Prior code § 24.13(10)).
15.28.110 Panhandle lot subdivisions.
(a) Tandem lots not fronting on a standard street shall be twenty percent larger than required by the zoning district in which the lot is located.
(b) Where two or more lots are served by common access, the area of the lots shah not include the access.
(c) Where two or more lots share a common driveway, mutual easements and maintenance covenants shall be recorded. A copy of the recorded documents shall be filed with the city engineer.
(d) All driveways serving more than one residence in a panhandle lot subdivision must be surfaced in accordance with the following minimum standards:
(1) Two-inch asphaltic concrete over four-inch aggregate base; or
(2) Four-inch deep-lift asphaltic concrete; or
(3) Four-inch Portland cement concrete on four-inch aggregate base.
(e) Each dwelling unit shall be provided with paved guest parking of not less than twenty feet by twenty feet in size. If the space at the entrance to a garage is utilized to satisfy this requirement, the size of such space shall be not less than twenty feet by twenty-five feet. The twenty-five-foot minimum dimension shall be measured from the garage to the property line or nearest edge of common driveway.
(f) Each single-family dwelling unit must be serviced by separate sewer, water, gas and electric lines; and each must be shown on the submitted tentative parcel map.
(g) All plot plans, maps or other applications directed to the planning commission shall be verified by the applicant, and such verification shall be a permanent part of the submittal. (Ord. 615 § 1 (part), 1977: Prior code § 24.13(11)).
15.28.120 Maps requiring dedication.
Upon receipt of such map requiring dedication for rights-of-way or other public facilities, the city engineer shall determine whether such map is in conformity with the requirements of this chapter and, if so, he may recommend such dedication be approved by the City Council. The city engineer may require that such dedication be made by a separate instrument, in lieu of appearing on the map. (Ord. 615 § 1 (part), 1977: Prior code § 24.13(12)).
15.28.130 Extension of time.
The time limits for acting and reporting on a minor subdivision, as provided in this title, may be extended by mutual consent of the applicant and the planning commission or City Council. (Ord. 615 § 1 (part), 1977: Prior code § 24.13(13)).
15.28.140 Appeal.
Appeals may be taken from the action of the planning commission regarding tentative parcel maps in accordance with Chapter 16.86. (Ord. 761 § 2(C), 1988: Ord. 615 § 1 (part), 1977: Prior code § 24.13(14)).
15.28.150 Limitation on approval.
The approval or conditional approval of such tentative parcel man shall be valid for a period of two years from the date of the final action thereon. Such approval or conditional approval may be extended for a period not to exceed two additional years by the planning commission upon written request; providing, such request is made prior to the expiration of the original approval or conditional approval period. (Ord. 775 § 4 (part), 1988; Ord. 615 § 1 (part), 1977).
15.28.154 Amendments to approved tentative parcel map.
Minor changes in the tentative parcel map may be approved by the director of community development with the concurrence of the city engineer upon application by the subdivider provided:
(1) No lots, units or building sites are added;
(2) Such changes are consistent with the intent and spirit of the original tentative parcel map approval;
(3) There are no resulting violations of the city of Menlo Park Municipal Code.
The amendment shall be indicated on the approved tentative parcel map and certified by the director of community development and the city engineer or their designee.
Amendments of the approved tentative parcel map other than minor shall be presented to the planning commission for its review and approval. Any approved amendment shall not alter the expiration date of the tentative parcel map. (Ord. 868 § 4B, 1995).
III. Parcel Map
15.28.160 Submittal and examination.
Prior to expiration of the tentative parcel map, the subdivider may complete the conditions of tentative parcel map approval, including any surveys required, and prepare a parcel map. Three blueline copies of an acceptably complete parcel map conforming to Section 66444 of the Subdivision Map Act shall be submitted to the city engineer.
Submittal of the parcel map shall be considered complete upon receipt by the city engineer of the soils report, guarantee of title, executed improvement agreement with suitable guarantees, improvement plans, survey traverse calculations and other data as required. Within twenty days after the submittal is complete, the city engineer shall complete his examination of the parcel map and supporting data. (Ord. 615 § 1 (part), 1977).
15.28.170 Certification and recordation.
The subdivider shall submit the original tracing of the parcel map on linen or film and a duplicate print on linen, original or duplicate tracings of approved improvement plans, if applicable map filing report (from a title company), map-checking fee, recreation fee (in lieu of dedication), if applicable, and the recording fee (as required by the county recorder) to the city engineer for certification. If the parcel map is in compliance with Subdivision Map Act and local ordinances, and if the conditions of approval have been met, the city engineer will certify the parcel map and transmit the same to the city clerk for submittal to the clerk of the San Mateo County board of supervisors and the county recorder.
Failure to file a parcel map prior to the expiration of the tentative parcel map shall terminate and nullify all proceedings for the particular subdivision. (Ord. 615 § 1 (part), 1977).
15.28.180 Issuance of building permit.
No building permit may be issued prior to the recording of the parcel map. (Ord. 615 § 1 (part), 1977).
For statutory provisions regarding parcel maps, see Bus. & Prof. Code §§ 11575—11580.