Chapter 5
MINOR LAND DIVISIONS (FOUR (4) OR FEWER PARCELS)
Sections:
Article 1. Tentative Parcel Maps
13-5.01 Tentative parcel maps.
13-5.03 Tentative map and vesting tentative map.
13-5.04 Minor Land Division Committee.
13-5.05 Referral of minor land divisions to the City Council.
13-5.06 Submittal to Community Development Department.
13-5.07 Staff reports and hearing notice.
13-5.08 Minor Land Division Committee action.
13-5.09 Expiration and extensions.
Article 2. Parcel Maps
13-5.12 Preliminary submittal.
13-5.13 Review by City Engineer.
13-5.14 Approval by City Engineer.
13-5.15 Filing with the County Recorder.
13-5.16 Waiver of parcel map requirements.
Article 1. Tentative Parcel Maps
13-5.01 Tentative parcel maps.
A tentative parcel map shall be required for all minor land divisions, which are those subdivisions creating four (4) or fewer lots or four (4) or fewer condominiums as defined in Section 783 of the California Civil Code; a community apartment project, as defined in Section 1351(f) of the Civil Code, containing four (4) or fewer dwelling units; the conversion of a dwelling to a stock cooperative, as defined in Section 1351(m) of the Civil Code, containing four (4) or fewer dwelling units; and subdivisions listed in Section 66426 of the Subdivision Map Act. The form and contents, submittal, and approval of tentative parcel maps shall be governed by the provisions of this chapter. The tentative parcel map shall be prepared by a registered civil engineer or licensed land surveyor.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-5.02 Form and content.
The form and content of a tentative parcel map shall conform to the provisions of Section 13-4.03, Form and contents. Accompanying data and reports to be submitted with a tentative parcel map application shall conform to the provisions of Section 13-4.04, Accompanying data and reports. Review by other agencies of the tentative parcel map shall conform to the provisions of Section 13-4.06, Inter-agency review.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-5.03 Tentative map and vesting tentative map.
Where a tentative parcel map is required by this chapter, the subdivider shall have the option of submitting a tentative map or, if he or she desires to obtain the rights conferred by Map Act Section 66498.1 et seq., a vesting tentative map. Applications for vesting tentative map shall be accompanied with the additional submittals and disclosures as provided for by Chapter 13-10, Vesting Tentative Maps.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-5.04 Minor Land Division Committee.
There is hereby established the Minor Land Division (MLD) Committee, which shall consist of the City Manager, Community Development Director, Director of Public Works, Fire Chief, and Building Official or their appointed representatives. The City Manager or his or her designee shall serve as chairman of the MLD Committee, and the Community Development Director shall be responsible for establishing agenda items and preparing the necessary correspondence. The MLD Committee shall have the authority to develop and to adopt rules of operation and procedure consistent with the provisions of this title. The MLD Committee shall meet at least monthly and shall prescribe bylaws, forms, applications, rules and regulations for the conduct of its business. All meetings of the MLD Committee shall be open to the public and shall be subject to Chapter 9 of Part 1 of Division 2 of Title V of the Government Code of the State, as amended, being the Ralph M. Brown Act.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-5.05 Referral of minor land divisions to the City Council.
The Community Development Director may refer applications to the City Council if it is determined that a minor land division is of such scope and significance that review and decisions therefor are best performed by the City Council.
When a minor land division is so referred, the City Council shall review the tentative parcel map and all staff recommendations thereto and approve, conditionally approve or deny the tentative parcel map in accordance with Section 13-4.09.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-5.06 Submittal to Community Development Department.
The tentative parcel map application shall consist of the number of tentative parcel maps determined by the Community Development Director, and the number of copies of all required supporting information. The application shall be submitted to the Community Development Department and shall include all application fees.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-5.07 Staff reports and hearing notice.
The tentative parcel map shall be reviewed by the Community Development Department for compliance to all applicable City ordinances and the Subdivision Map Act. Staff reports shall be prepared in accordance with the provisions of Section 13-4.07, Staff report and hearing notice. The Community Development Director shall give notice in the manner prescribed in Section 13-3.04, Public hearing notice.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-5.08 Minor Land Division Committee action.
(a) The Minor Land Division Committee shall approve, conditionally approve or deny the tentative parcel map within fifty (50) days after the filing of a tentative map application with the Community Development Department. The fifty (50) days shall commence only after the project is deemed complete and after certification of an environmental impact report, adoption of a negative declaration, or determination that the project is exempt from CEQA.
(b) The Minor Land Division Committee shall make all of the findings for approval and conditional approval, as applicable, listed in Section 13-4.09(d). In the event that one or more of the findings included in Section 13-4.09(d) cannot be made to support approval or conditional approval of the tentative parcel map, the map shall be denied. In approving an application, the Minor Land Division Committee may impose any reasonable conditions. A letter of the action taken, along with any conditions imposed, shall be sent to the subdivider. If the subdivision is denied, the subdivider shall be so notified in writing with a statement of reasons for the denial.
(c) All actions of the Minor Land Division Committee shall be final, unless appealed under the procedures specified in Sections 13-3.07 through 13-3.13.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-5.09 Expiration and extensions.
(a) Expiration. The approval or conditional approval of a tentative subdivision map shall expire twenty-four (24) months after the date of the approval or conditional approval of a tentative parcel map by the Minor Land Division Committee. An extension of the expiration date may be approved, as provided in this title, for a maximum of forty-eight (48) months.
The expiration of an approved or conditionally approved tentative parcel map shall terminate all proceedings, and no parcel map of all or any portion of the real property included within such tentative parcel map shall be filed without first processing a new tentative parcel map.
Once a timely filing is made, subsequent actions of the City, including, but not limited to, processing, approving, and recording the final map, may lawfully occur after the date of expiration of the tentative map or tentative parcel map. Delivery to the Community Development Director or City Engineer of a signed final map in substantial conformance with the approved tentative map, necessary improvement plans, and all required fees and deposits shall be deemed as “timely filing” for purposes of this section.
(b) Discretionary Extensions.
(1) Requests by Subdividers. A subdivider may request an extension of the expiration date of an approved or conditionally approved tentative subdivision map by a written application to the Community Development Director. The application shall be filed before expiration of the tentative map and shall state the reasons for requesting the extension.
(2) Action Taken. The Community Development Director shall review the request for a time extension and submit the application, together with a report, to the Minor Land Division Committee. A copy of the report of the Community Development Director shall be forwarded to the subdivider prior to the MLD Committee meeting on the extension. The MLD Committee shall consider the report of the Community Development Director and approve or deny the extension.
(3) Time Limits of Extensions. The approved extension shall not exceed forty-eight (48) months. The approved new expiration date shall not extend more than six (6) years beyond the date of the resolution adopted by the MLD Committee approving or conditionally approving the original tentative subdivision map.
(4) Conditions of Approval. The MLD Committee may impose only those conditions of approval that were imposed for the initial map approval, unless the subdivider agrees to the imposition of additional conditions.
(5) Appeals. If the MLD Committee denies an application for an extension of approval, the subdivider may appeal to the City Council within fifteen (15) days after the MLD Committee denied the extension pursuant to the procedures specified in Sections 13-3.07 through 13-3.13.
(c) Statutory Extensions. Tentative parcel maps shall also be extended for maps subject to development agreements, the imposition of development moratoria, lawsuits filed against an entitled subdivision project, and additional periods determined by statute pursuant to the detailed provisions of Sections 66452.6, 66452.21, 66452.22 and 66463.5 of the Subdivision Map Act.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
Article 2. Parcel Maps
13-5.10 Survey required.
An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the parcel map shall not exceed one in ten thousand (1/10,000) for field closures and one in twenty thousand (1/20,000) for calculated closures.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-5.11 Form and contents.
The form and contents of the parcel map shall generally conform to the form and contents of final maps as provided for by Section 13-4.13, Form and contents, and as restated or modified herein. Certificates contained in a parcel map shall be in accordance with Sections 66499, 66450 and 66492 of the Map Act and in accordance this chapter.
The parcel map shall include an owner’s certificate, signed and acknowledged by all parties having record title interest in the land subdivided, consenting to the preparation and recordation of the map and offering for dedication to the public certain specific parcels of land or easements. Exceptions are those parties having rights-of-way, easements, or interests which cannot ripen into a fee, or as provided in the Subdivision Map Act.
The parcel map shall include a trustee’s certificate signed and acknowledged by either the holder of beneficial interests under trust deeds or the trustee and/or trustees under trust deeds at the time of the City Council approval of the final map, consenting to the recording of the map and any offers of dedications.
The parcel map shall include a City Engineer’s statement or certificate signed and dated by the City Engineer with his/her registration or license number and its expiration date is required stating that the map has been examined; that it is substantially the same as the tentative map and any approved alterations; that it complies with the Subdivision Map Act, the provisions of this title, any local ordinances applicable at the time of the approval of the tentative map, and is technically correct.
The parcel map shall include an Auditor-Controller statement and Clerk of the Board of Supervisors statement for execution by the County Auditor-Controller and the Clerk of the Board of Supervisors stating that all taxes due have been paid or that a tax bond assuring the payment of all taxes which are a lien but not yet payable has been filed with the County and that all statements required under the provisions of Sections 66492 and 66493 of the Map Act have been duly deposited and duly made.
The parcel map shall include a County Recorder’s certificate to be executed by the County Recorder stating that the map has been accepted for filing, that the map has been examined, and that it complies with the provisions of State laws and local ordinances governing the filing of final maps. The certificate shall show who requested the filing of the map, the time and date the map was filed, and the book and page where the map was filed.
The parcel map shall include a City of Watsonville Minor Land Division Committee statement for which the Minor Land Division Committee approved the tentative parcel map which states:
City MLD Committee Statement
I, ____________ Community Development Director of City of Watsonville, hereby state that I have examined this map, that the subdivision as shown hereon is substantially the same as it appeared on the tentative parcel map and any approved alterations, and that all provisions of the California Subdivision Map Act and the City of Watsonville Municipal Code have been complied with.
Dated ___________,
___________________________________
Community Development Director, City of Watsonville Minor Land Division Committee, County of Santa Cruz, State of California
Parcel maps prepared for tentative parcel maps approved by the City Council shall include a City Clerk’s certificate stating the date of the resolution adopted by the City Council approving the final map and stating that the City Council accepted, subject to improvement, or rejected on behalf of the public, any real property offered for the dedication for public use in conformity with the terms of the offer of dedication;
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-5.12 Preliminary submittal.
The subdivider shall submit copies of the parcel map to the City Engineer for checking prior to expiration of the tentative parcel map. The preliminary prints shall be accompanied by copies of improvement plans, hydrology report, soils report, title report, geometric survey closure calculations and plan check and review fees in accordance with the requirements of Section 13-4.15, Review by City Engineer, and shall be in accordance with the approved or conditionally approved tentative parcel map, Sections 13-5.10 and 13-5.11, and the Map Act. The City Engineer may modify these requirements upon finding that the location and nature of the proposed subdivision is such as not to necessitate compliance with these requirements.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-5.13 Review by City Engineer.
The City Engineer shall review the parcel map and the subdivider’s engineer or surveyor shall make corrections and/or additions until the map is acceptable to the City Engineer. Concurrent with review of the parcel map, the City Engineer shall prepare an improvement agreement, if required, in conformance with the requirements of Section 13-7.11, Improvement agreement. The City Engineer shall determine whether the application is complete within thirty (30) days of submittal and notify the applicant as required by Section 13-3.02, except that, pursuant to Section 66456.2, the City Engineer shall have sixty (60) working days to review all improvement plans and supporting documentation and fifteen (15) working days to review any resubmitted improvement plan.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-5.14 Approval by City Engineer.
(a) The City Engineer shall approve the parcel map only after it has been determined that the map and supporting documents substantially conform with the approved tentative parcel map and conditions and comply with the provisions of this title and the Map Act. The subdivider’s engineer shall submit the original tracing of the map, corrected to its final form and signed by all parties required to execute the certificates or statements on the map, to the City Engineer.
(b) The subdivider shall execute any improvement agreement and submit it along with all required securities and evidence of insurance to the City Engineer. The City Engineer shall enter into improvement agreements with the subdivider where required improvements have not been completed prior to parcel map approval, as authorized by Subdivision Map Act Section 66462.
(c) The City Engineer shall recommend to the City Manager to accept, accept subject to improvement, or reject any or all dedications and offers of dedication made by a statement on the parcel map.
(1) If at the time the parcel map is approved any offers of dedication are rejected by the City Engineer, the offer of dedication shall remain open and the City Engineer may, at any later date, rescind the action and accept the dedication for public use. This acceptance shall be recorded in the office of the County Recorder. However, certain offers of dedication providing public access to public resources must be accepted within the time limits required by Section 66477 of the Subdivision Map Act.
(2) If the City Engineer recommends acceptance of any property dedicated in fee, the map shall contain any certificates required by Section 66477.5 of the Subdivision Map Act.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-5.15 Filing with the County Recorder.
Upon approval of the parcel map by the City Engineer, the City Engineer and the Community Development Director shall execute their respective certificates and/or statement on the parcel map and forward the map to the City Clerk and in turn to the title company providing the subdivision guarantee. The title company shall submit the map to the Clerk of the County Board of Supervisors for transmittal to the County Recorder. A subdivision which includes conditions, covenants and restrictions shall record those documents at the same time as the parcel map is recorded.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-5.16 Waiver of parcel map requirements.
(a) The Community Development Director, upon recommendation by the City Engineer, may waive all or part of the requirements for a parcel map for the following:
(1) A division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees; or
(2) A division of real property resulting from the conveyance of land or any interest therein to or from the City or other public entity for public purposes, such as school sites, public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage, and similar facilities; or
(3) A subdivision listed in Section 66426 of the Map Act.
(b) Application for a parcel map waiver shall be made on forms provided by the Planning Department and shall include such items as may reasonably be required to make the necessary findings. A filing fee shall be paid as established by resolution of the City Council. Applications shall be acted upon by the Community Development Director within sixty (60) days of the application being deemed complete.
(c) In waiving a parcel map requirement, the Community Development Director shall make findings that the proposed division of land complies with requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads and property access, sanitary disposal facilities, water supply availability, environmental protection, and other applicable requirements of this title, the zoning code, the general plan, any applicable specific plan, and the Map Act.
(d) The Community Development Director may condition the waiver of parcel map requirements to provide for, among other things, parkland dedication, drainage and other fees required for subdivisions by this title.
(e) Upon approval of a parcel map waiver, the applicant shall file a record of survey, certificate of compliance, lot line adjustment, or lot merger approved by the City in writing, specifying the names of the record owners of the fee interest and particularly describing the real property with a site map for recordation with the County Recorder. Requirements for construction of off-site or on-site improvements shall be noticed by a statement on the instrument evidencing the waiver of the parcel map or by a separate instrument, and shall be recorded concurrently with the instrument evidencing the waiver.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)