Chapter 16.02
PARCEL MAPS
Sections:
16.02.020 Waiver of parcel map requirement.
16.02.030 Parcel map—Form and contents.
16.02.040 Parcel map—Data and reports.
16.02.050 Engineer’s (surveyor’s) and recorder’s statements.
16.02.060 Field survey requirement.
16.02.070 Preliminary submittal.
16.02.080 Review by city engineer.
16.02.090 City engineer’s statement.
16.02.100 Review and approval of parcel map.
16.02.130 City clerk to transmit parcel map to county recorder.
16.02.140 Amendments to approved or conditionally approved parcel map.
16.02.150 Judicial review—Action must be within ninety (90) days.
16.02.010 Applicability.
This chapter sets forth the provisions governing the form, contents, submittal, approval, and filing of a parcel map. A parcel map shall be required for all divisions of land into four or less parcels, except that a parcel map shall not be required for:
A. Subdivisions of a portion of the operating right-of-way of a railroad corporation, as defined by Section 230 of the Public Utilities Code, that are created by short-term leases (terminable by either party on not more than thirty (30) days’ notice in writing); or
B. Land conveyed to or from a government agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to that public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map. For purposes of this subsection, land conveyed to or from a governmental agency shall include a fee interest, a leasehold interest, an easement, or a license; or
C. The exclusions provided for in Section 66412 of the Subdivision Map Act; or
D. Parcel maps waived by the planning commission in accordance with Section 16.02.020. (Ord. 2009-06 § 1 (part))
16.02.020 Waiver of parcel map requirement.
A. Waiver. After notice and public hearing in accordance with the terms of Section 16.01.090, the planning commission may waive the requirement of submission of a parcel map for subdivisions for which a parcel map is required under subdivision (a), (b), (c), (d), or (e) of Section 66426 of the Government Code and other subdivisions for which a final map is not required under the Subdivision Map Act, if the planning commission finds that the proposed division of land complies with the legal requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and other requirements of the Subdivision Map Act, the general plan, any applicable specific plan and this code which are applicable to the division of such land.
B. Certificate of Compliance. Upon the waiver of the parcel map requirement by the planning commission, the city engineer shall file with the county recorder a 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 stating that all taxes due have been paid or that a tax bond or other adequate form of security assuring payments of all taxes which are a lien but not yet payable has been filed with the county.
C. Conditions. A waiver by the planning commission may be conditioned to provide for, among other things, payment by the subdivider of parkland dedication, drainage and other fees that are permitted by law by a method approved by the city council.
D. Report to City Council. If any waiver is approved or conditionally approved pursuant to this section, the planning commission shall make a written report thereof to the city council within ten (10) days of such action. If the city council, by a majority vote, decides to review the waiver and conditions, it shall conduct a public hearing after giving notice pursuant to Sections 65090 and 65091 of the Government Code. The public hearing shall be held within thirty (30) days after the date of the request for review. The city council may add, modify or delete conditions if the planning commission determines that such changes are necessary to ensure that the waiver conforms to the Subdivision Map Act, the general plan, any applicable specific plan, and this code. Within ten (10) days following the conclusion of the hearing, the city council shall render its decision. If the city council does not act within the time limits set forth in this section, the waiver shall be deemed to have been approved or conditionally approved as last approved or conditionally approved by the planning commission insofar as it complies with all other applicable provisions of the Subdivision Map Act, the general plan, any applicable specific plan, and this code.
E. Timeframe for Action. An application for a waiver shall be acted upon no later than sixty (60) days after the application for a waiver is deemed complete, unless that time limit is extended by mutual consent of the subdivider and the community development director. (Ord. 2009-06 § 1 (part))
16.02.030 Parcel map—Form and contents.
The parcel map shall be prepared in a manner acceptable to the planning commission and shall be prepared by a registered civil engineer or land surveyor. The form and contents of the parcel map shall conform to all of the following provisions:
A. The parcel map shall show the locations of streets and property lines bounding the property;
B. It shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates or statements, affidavits, and acknowledgements may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility;
C. The size of each sheet of the parcel map shall be eighteen (18) by twenty-six (26) inches or four hundred sixty (460) by six hundred sixty (660) millimeters. A marginal line shall be drawn around each sheet, leaving an entirely blank margin of one inch or twenty-five (25) millimeters. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown;
D. Each parcel shall be numbered or lettered and each block may be numbered or lettered. Each street shall be named or otherwise designated. The subdivision number shall be shown together with the description of the real property being subdivided;
E.1. The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated.
2. The map shall show the location of each parcel and its relation to surrounding surveys. If the map includes a “designated remainder” parcel or similar parcel, and the gross area of the “designated remainder” parcel or similar parcel is five acres or more, that remainder parcel need not be shown on the map and its location need not be indicated as a matter of survey, but only by deed reference to the existing boundaries of the remainder parcel.
3. A parcel designated as “not a part” shall be deemed to be a “designated remainder” for the purposes of this section;
F. Subject to the provisions of Section 66436 of the Subdivision Map Act, a statement, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the parcel map is required.
With respect to a division of land into four or fewer parcels, where dedications or offers of dedications are not required, the statement shall be signed and acknowledged by the subdivider only. If the subdivider does not have a record title ownership interest in the property to be divided, the local agency may require that the subdivider provide the local agency with satisfactory evidence that the persons with record title ownership have consented to the proposed division. For purposes of this subsection, “record title ownership” means fee title of record unless a leasehold interest is to be divided, in which case “record title ownership” means ownership of record of the leasehold interest. Record title ownership does not include ownership of mineral rights or other subsurface interests that have been severed from ownership of that surface;
G. Statements and acknowledgments required pursuant to subsection F of this section shall be made by separate instrument to be recorded concurrently with the parcel map being filed for record;
H. No additional survey and map requirements shall be included on a parcel map that do not affect record title interests;
I. Whenever a certificate or acknowledgment is made by separate instrument, there shall appear on the parcel map a reference to the separately recorded document. This reference shall be completed by the county recorder pursuant to Section 66434.2 of the Government Code;
J. The parcel map shall contain a statement by the engineer or surveyor responsible for the preparation of the map that states that all monuments are of the character and occupy the positions indicated, or that they will be sited in those positions on or before a specified date, and that the monuments are, or will be, sufficient to enable the survey to be retraced; and
K. Any public streets or public easements to be left in effect after the subdivision shall be adequately delineated on the map. The filing of the parcel map shall constitute abandonment of all public streets and public easements not shown on the map; provided, that a written notation of each abandonment is listed by reference to the recording data or other official record creating these public streets or public easements and certified to on the map by the clerk of the legislative body or the designee of the legislative body approving the map. Before a public easement vested in another public entity may be abandoned pursuant to this section, that public entity shall receive notice of the proposed abandonment. No public easement vested in another entity shall be abandoned pursuant to this section if that public entity objects to the proposed abandonment. (Ord. 2009-06 § 1 (part))
16.02.040 Parcel map—Data and reports.
The subdivider shall also comply with the data and report requirements contained in Sections 16.01.050 and 16.01.060, unless otherwise waived by the community development director. (Ord. 2009-06 § 1 (part))
16.02.050 Engineer’s (surveyor’s) and recorder’s statements.
A statement of the engineer’s or surveyor’s conformance with the requirements of the Subdivision Map Act and this chapter shall appear on the parcel map in accordance with Section 66449 of the Subdivision Map Act. (Ord. 2009-06 § 1 (part))
16.02.060 Field survey requirement.
In all cases where a parcel map is required, the parcel map shall be based upon a field survey made in conformity with the land surveyors or be compiled from recorded or filed data when sufficient recorded or filed survey monumentation presently exists to enable the retracement of the exterior boundary lines of the parcel map and the establishment of the interior parcel or lot lines of the parcel map. (Ord. 2009-06 § 1 (part))
16.02.070 Preliminary submittal.
The subdivider shall submit prints of the parcel map to the city engineer for checking. The preliminary prints shall be accompanied by copies of the data, reports, and documents required by Section 16.02.040. (Ord. 2009-06 § 1 (part))
16.02.080 Review by city engineer.
The city engineer shall review the parcel map and the subdivider shall make corrections or additions until the map is acceptable to the city engineer. (Ord. 2009-06 § 1 (part))
16.02.090 City engineer’s statement.
The city engineer shall prepare a statement in accordance with the provisions in Section 66450 of the Subdivision Map Act upon completing the review of the parcel map as provided for in Section 16.02.080. (Ord. 2009-06 § 1 (part))
16.02.100 Review and approval of parcel map.
A. Application Filing and Review by Applicable Agencies. After review by the city engineer, the parcel map application shall be filed with the community development director. The subdivider shall file the number of parcel maps that the community development director deems necessary. The community development director shall forward copies of the parcel map to the affected public agencies and utilities which may, in turn, forward to the department their findings and recommendations. Public agencies and utilities shall certify that the subdivision can be adequately served.
B. Application Deemed Complete. The application shall be deemed complete by the community development director only when the form and contents of the parcel map conform to the requirements of Section 16.02.030 and when all accompanying data and reports as required by Section 16.02.040 have been submitted and accepted by the community development director. If the community development director does not determine whether a parcel map application is complete within thirty (30) days of receiving application, then the application shall be deemed complete.
C. Approval. After notice and a public hearing in accordance with the terms of Section 16.01.090(A), the planning commission shall approve, conditionally approve or deny the parcel map. Any action by the planning commission shall be supported by findings that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the Subdivision Map Act, the general plan, any applicable specific plan and all applicable provisions of this code. Such action shall occur within fifty (50) days after certification of the environmental impact report, adoption of a negative declaration, or a determination by the planning commission that the project is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code. (Ord. 2009-06 § 1 (part))
16.02.110 Grounds for denial.
The planning commission shall deny approval of a parcel upon making any of the following findings:
A. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451 of the Government Code;
B. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;
C. That the site is not physically suitable for the type of development;
D. That the site is not physically suitable for the proposed density of development;
E. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
F. That the design of the subdivision or type of improvements is likely to cause serious public health problems; or
G. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the planning commission may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. (Ord. 2009-06 § 1 (part))
16.02.120 Appeal.
The subdivider or any interested person adversely affected by any action of the planning commission with respect to the parcel map may, within ten (10) days after the decision, file an appeal in writing with the city council. The city council shall consider the appeal within thirty (30) days after the date of filing of the appeal, unless the appellant consents to a continuance. Within ten (10) days following the conclusion of the hearing, the city council shall render its decision. The appeal shall be a public hearing after notice has been given according to Section 16.01.090(A). In addition, notice of the public hearing shall be given to the planning commission. The city council may sustain, modify, reject or overrule any recommendations or rulings of the planning commission and may make any findings which are consistent with the provisions of the Subdivision Map Act, the general plan, any applicable specific plan or this code. (Ord. 2009-06 § 1 (part))
16.02.130 City clerk to transmit parcel map to county recorder.
Upon approval of a parcel map by the planning commission or the city council, whichever occurs last, and after all certificates or statements and security required by Section 66493 of the Subdivision Map Act have been filed and deposited with the city clerk, the city clerk shall transmit the parcel map to the county recorder pursuant to the provisions of Section 66464 of the Subdivision Map Act. (Ord. 2009-06 § 1 (part))
16.02.140 Amendments to approved or conditionally approved parcel map.
After a parcel map is filed with the county recorder, it may be amended by a certificate of correction or an amending map pursuant to provisions of Section 66469 et seq. of the Subdivision Map Act. (Ord. 2009-06 § 1 (part))
16.02.150 Judicial review—Action must be within ninety (90) days.
Any action or proceedings to attack, review, set aside, void or annul the decision of the planning commission or the city council concerning the subdivision, or of any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall not be maintained by any person unless such action or proceeding is commenced and service of summons effected within ninety (90) days after the date of such decision. Thereafter all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of such decision or of such proceedings, acts or determinations. Any such proceeding shall take precedence over all matters of the calendar of the court except criminal, probate, eminent domain and forcible entry and unlawful detainer proceedings. (Ord. 2009-06 § 1 (part))
16.02.160 Processing fees.
Reasonable fees for processing a parcel map may be established by resolution of the city council. (Ord. 2009-06 § 1 (part))