Chapter 16.40
FINAL MAPS AND PARCEL MAPS
Sections:
16.40.020 Accompanying data and additional information.
16.40.030 Survey and monuments required.
16.40.040 Submission and review.
16.40.050 Complete and timely filing.
16.40.060 Final map/parcel map approval.
16.40.070 Limitation on map denial.
16.40.080 Filing with the office of the county recorder.
16.40.090 Waiver of parcel map.
16.40.100 Certificate of correction.
16.40.110 Effect of annexation on maps.
16.40.010 General.
The form, contents, accompanying data, and filing of the final map or parcel map shall conform to the provisions of the Map Act, this title, and applicable standards imposed by the county of Riverside for maps filed with the office of the county recorder. The final map or parcel map and any accompanying data or additional information shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor authorized to practice in the state of California. The provisions of this chapter comply with the requirements of Government Code Section 66410 et seq. (Ord. 22-12 § 3 (Exh. A))
16.40.020 Accompanying data and additional information.
The filing of accompanying data and additional information shall be required with the filing of the final tract map or parcel map, in accordance with Section 16.40.050 (Complete and timely filing). (Ord. 22-12 § 3 (Exh. A))
16.40.030 Survey and monuments required.
A. An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor authorized to practice land surveying by the state of California, pursuant to the requirements of the city engineer. All information required by city standards shall be incorporated into the survey.
B. At the time of making the survey for the final map or parcel map, or within two years from the complete and timely filing of the final map or parcel map, whichever occurs first, the civil engineer or surveyor shall set sufficient durable monuments to conform with the standards of the Map Act and city standards.
C. The city engineer may waive the requirements in subsections A and B of this section for parcel maps at his or her discretion. (Ord. 22-12 § 3 (Exh. A))
16.40.040 Submission and review.
Final map and parcel map submittal and review procedures shall be pursuant to this chapter and applicable city standards. The city engineer shall review all final map and parcel map submittals for conformance with the provisions of this title and may deem them incomplete and return all or portions of a submission for reasons including but not limited to the following: incomplete submission or filing; untimely submission or filing; nonconformance with the tentative map; nonconformance with the conditions of approval applied to the tentative map; nonconformance with this title; nonconformance with city standards; or errors or omissions on the final map or parcel map, on any accompanying data, or on any additional information. (Ord. 22-12 § 3 (Exh. A))
16.40.050 Complete and timely filing.
A. Prior to the expiration of an approved or conditionally approved tentative map, the subdivider may file with the city a final map of the land to be subdivided. The subdivider may file multiple or phased final maps with the city; provided, that either of the following has occurred:
1. The subdivider, upon submittal of the tentative map, informed the city of his or her intent to file multiple or phased final maps; or
2. After filing of the tentative map, the city engineer concurs in writing to a written request from the subdivider to allow the filing of multiple or phased final maps.
Nothing in this section shall limit the authority of the city to impose reasonable conditions related to access, dedications, improvements, or fees on each final map so submitted.
B. If the subdivider did not inform the city of his or her intent to file multiple or phased final maps upon submittal of the tentative map and the city engineer does not concur in writing to a written request from the subdivider to allow the filing of multiple or phased final maps, an approved or conditionally approved tentative map must be resubmitted for review and approval in accordance with the provisions of Chapter 16.20 (Tentative Maps).
C. The city engineer shall determine that a complete and timely final map filing has been made if he or she determines that, at a minimum, the following items have been received, prior to the expiration of the tentative map:
1. Improvement plans.
2. Complete and accepted public improvements or acceptable subdivision improvement agreement(s) and securities.
3. Proof of payment of all applicable fees.
4. Will-serve letters from all applicable utilities and agencies.
5. Noninterference letters from all applicable easement or title interest holders.
6. Original and copies of all sheets of the final map in their required form and content.
7. Proof of ownership of all affected properties. Title reports not older than thirty (30) days from the scheduled filing for recordation of the final map shall be provided to confirm ownership, easements and other information that may affect the recordation of the final map.
8. Subdivision guarantee from a title company, less than sixty (60) days old.
9. Letter from all affected property owners requesting approval of the final map.
10. Small-scale map of the proposed subdivision.
11. Written clearance from all affected city departments.
12. Written clearance from all affected public agencies.
13. All applicable agreements or documents to be approved by the city council or filed or recorded concurrently with the map, including CC&Rs.
14. Proof that all additional requirements of Chapters 16.20 (Tentative Maps) and 16.25 (Vesting Tentative Maps) have been satisfied.
15. The city’s park dedication requirements of Chapter 16.75 (Parkland Dedication and Fees) have been satisfied.
16. Establish a funding mechanism for public improvements, landscaping, lighting, streets, police protection, fire protection and parks.
17. Other items as may be required by the city upon filing.
D. Upon finding all statements and submissions complete and satisfactory in accordance with this section, the city engineer shall sign the appropriate statements, in accordance with Government Code Sections 66442(a)(1) through (4), after which the subdivider shall request the final map be placed on the next available regular agenda for city council action. The original map, and any other items requiring city council approval, shall be transmitted to the city clerk, with a recommendation of map approval. (Ord. 22-12 § 3 (Exh. A))
16.40.060 Final map/parcel map approval.
A. The date the final map or parcel map is deemed filed with the city council shall be the date of the next regularly scheduled meeting of the city council following the date on which the city clerk receives the recommendation for map approval from the city engineer. The city council shall consider approval of the subdivision improvement agreement and improvement security and any other required agreements in conjunction with the approval of the map. If any of the items requiring city council approval are deemed unacceptable by the council, the city council shall instruct the city engineer to secure corrections, according to their direction.
B. The city council shall approve or disapprove the subdivision improvement agreement, improvement security, and final map or parcel map at the meeting at which it receives the map or at the next regular meeting following the meeting at which it received the map.
C. The city council shall not postpone or refuse approval of a final map or parcel map because the subdivider has failed to meet a tentative map condition requiring construction or installation of off-site improvements on land which neither the subdivider nor the city has sufficient title or interest to permit the improvements to be made. However, in such case, prior to final map or parcel map approval, the subdivider shall be required to enter into an agreement with the city to complete such improvements pursuant to Government Code Section 66462 upon acquisition of such title and interest by the city. Upon entering into such agreement, the city shall acquire the subject property interest in accordance with the provisions of Government Code Section 66462.5. Failure of the subdivider to execute such an agreement shall be cause by the city council to refuse approval of the final map or parcel map. (Ord. 22-12 § 3 (Exh. A))
16.40.070 Limitation on map denial.
The city council shall not deny approval of a final map or parcel map if the city has previously approved a tentative map for the proposed subdivision and if the city council finds that the final map or parcel map is in compliance with the requirements of the Map Act, this title, and the approved tentative map. (Ord. 22-12 § 3 (Exh. A))
16.40.080 Filing with the office of the county recorder.
A. Upon approval authority approval of the final map or parcel map and subdivision improvement agreement, the city clerk shall execute the appropriate statement on the statement sheet and shall, subject to the provisions of Government Code Section 66464, transmit the map, or cause the city engineer to transmit the map, to the county of Riverside recorder’s office for filing. The final map or parcel map and any separate documents (if required) shall be filed concurrently.
B. If, for any cause of the subdivider, the final map or parcel map is not recorded by the Riverside County recorder’s office within one hundred eighty (180) days from the date the approval authority approved the final or parcel map, then the approval authority’s approval of the final map or parcel map shall be automatically rescinded, and all bonds or sureties will be returned to the subdivider. If the tentative map has expired, the unit of land previously affected by the final map or parcel map will automatically revert to its pre-map configuration. If the tentative map has not yet expired, the tentative map will be considered in effect, except that such action shall not alter the expiration date of the tentative map. (Ord. 22-12 § 3 (Exh. A))
16.40.090 Waiver of parcel map.
A. Applicability. The city engineer is authorized to waive parcel maps without city council approval for:
1. Subdivisions resulting in four or fewer residential lots;
2. Commercial or industrial subdivisions as described in Government Code Section 66426 that comply with the requirements of this section.
B. Written Request for Waiver. A written request for such a waiver should be submitted to the director at the time of tentative map application.
C. Findings for Approval. No waiver to the requirement for processing a parcel map shall be approved unless the city engineer finds that all of the following findings are made:
1. No dedications, easements, restrictions, or fee title is being granted to the city or any other public agency as a function of the parcel map;
2. No public improvements are required as part of the subdivision;
3. No agreements involving the city, CC&Rs, or maintenance entities are required as part of the conditions of approval of the parcel map;
4. All parcels created front on existing maintained public roads improved in accordance with current city standards;
5. All parcels created are serviced by sanitary sewer facilities in accordance with current city standards;
6. Adequate water supply is available to all parcels;
7. The proposed land division will not have an adverse impact on existing drainage facilities;
8. No mitigation measures are required as part of the conditions of approval of the parcel map;
9. It has been determined to the satisfaction of the city engineer that sufficient monumentation of the parcels exists so as not to justify an additional land survey.
D. Conditions of Approval. A parcel map waiver may be conditioned to provide for payment of applicable fees by the subdivider.
E. Time Frame for Action. The parcel map waiver request shall be approved, conditionally approved, or denied within the time frames established by Government Code Section 66451.7.
F. Filing with the Recorder and Distribution of Copies. Upon approval of a parcel map waiver pursuant to this section, the city engineer shall:
1. File with the office of the county recorder a certificate of compliance, or conditional certificate of compliance, for the land to be divided and a plat map, showing the division. The certificate shall include a certificate by the county tax collector in accordance with Article 8 of Chapter 4 of the Subdivision Map Act.
2. Distribute copies of the certificate of compliance and waiver of the parcel map to the department.
G. Appeals. Actions by the city engineer approving or denying parcel map waivers may be appealed to the planning commission under the provisions of Chapter 17.715 (Appeals). (Ord. 22-12 § 3 (Exh. A))
16.40.100 Certificate of correction.
A. After a final map or parcel map is filed in the office of the county recorder, it may be amended by a certificate of correction for any of the following purposes:
1. To correct an error in any course or distance shown on the map.
2. To show any course or distance that was omitted from the map.
3. To correct an error in the description of the real property shown on the map.
4. To indicate monuments set after the death, disability, retirement from practice, or replacement of the engineer or surveyor charged with responsibilities for setting monuments.
5. To show the proper location or character of any monument that has been changed in location or character, or originally was shown at the wrong location or incorrectly as to its character.
6. To correct any other type of map error or omission as approved by the city engineer that does not affect any property right. Errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent record maps. Error does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final map or parcel map.
B. Form and Content of Correction. The certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor. The form and contents of the amending map shall conform to the requirements of Chapters 16.20 (Tentative Maps) and 16.40 (Final Maps and Parcel Maps). The certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction.
C. Submittal and Approval. The certificate of correction, complete as to final form, shall be submitted to the city engineer for review and approval. The city engineer shall examine the certificate of correction and if the only changes made are those set forth in subsection B of this section, this fact shall be certified by the city engineer on the certificate of correction.
D. Filing with the County Recorder. The certificate of correction certified by the city engineer shall be filed or recorded in the office of the county recorder. (Ord. 22-12 § 3 (Exh. A))
16.40.110 Effect of annexation on maps.
When any area for which the Riverside County board of supervisors has approved a final map is annexed to the city of San Jacinto, the final map and agreements relating to the subdivision shall continue to govern the subdivision. (Ord. 22-12 § 3 (Exh. A))