§ 9105.05

This Section establishes requirements for the preparation, filing, processing, approval, conditional approval, or denial, and recordation of final parcel and final tract maps, following approval of a tentative parcel or tract map, consistent with the requirements of the Act and this Section.

A.

Eligibility for Waiver. The following subdivisions shall be eligible for waiver of the requirements that a parcel map be filed, except where the tentative map of the subdivision, the conditions of approval, or the requirements of the Act or of this Division provide for or require the provision of road, drainage, sewer, water, or other easements or the delineation of flood or geologic hazard, drainage ways, or building restrictions:

1.

Lot line adjustments, or the distribution of all of an existing lot(s) between adjacent lots when approved by resolution;

2.

Those of a lease-project; or

3.

Those described in Government Code Section 66426.

B.

Requests for Waiver. Waiver requests shall be in writing on a standard form provided by the Department. The request shall include:

1.

A request for waiver, signed and acknowledged by all owners of record of the land comprising the minor land division;

2.

A description of each proposed lot;

3.

The submission of documentation (i.e., preliminary title report) as it deems necessary to verify the information presented in the request for waiver. All submissions shall be legible and readily reproducible. Before approval of a request for waiver, the subdivider shall complete or guarantee completion of the conditions of approval as if a parcel map were to be filed;

4.

The Commission may require the submission of a plat map, showing sufficient ties, dimensions, and bearings to adequately establish the boundaries of the minor land division and of each proposed lot. Record information, when available, may be utilized.

C.

Waiver of Parcel Map Fee. Upon submission of a request for waiver the subdivider shall pay a filing fee in compliance with the Fee Schedule. The subdivider shall also pay a sum of money equal to the amount required by law for filing with the County Recorder a certificate of compliance for the lots comprising the division.

D.

Eligibility for Waiver. Within 20 days following the acceptance of a request for waiver or within any additional time as may be necessary, the Commission may waive the requirement that a parcel map be filed as provided in Subsection 9105.03.030 (Tentative Map Filing, Initial Processing), if it first finds all of the following:

1.

The design of each lot described in the request for waiver is in substantial compliance with the tentative map, as approved; and

2.

The subdivision complies with all applicable 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 Act, this Division, and the Municipal Code. When a waiver is granted in compliance with this Subsection, the Commission shall, within 60 working days, cause a certificate of compliance, describing each approved lot, to be filed for record with the County Recorder. The certificate of compliance shall state that the requirement that a parcel map of the division of land be filed has been waived and that the lots comprising the division may be sold, leased, financed, or transferred in full compliance with all applicable provisions of the Act and this Division.

A.

Form and Content. The form and content of final tract and parcel maps shall be as required by the Act and this Division. The map shall be considered submitted when it is complete and complies with all applicable

provisions of the Act, this Development Code, this Division, and all conditions of approval.

B.

Authorized Preparers.

1.

The final tract or parcel map shall be prepared by, or under the direction of, a registered civil engineer or licensed land surveyor.

2.

A final tract or parcel map shall be based upon a field survey made in compliance with the Professional Land Surveyors Act and as required by this Division.

C.

Certificates and Acknowledgments.

1.

Before filing, the certificates and acknowledgements required by the Act and this Section shall appear on the map and may be combined where appropriate.

2.

The certificates and acknowledgments shall appear on the face of the map unless the City Engineer advises the subdivider that the certificates and acknowledgments are to be made by separate instrument.

3.

If a certificate or acknowledgment is made by separate instrument, there shall appear on the map a reference to the separately recorded documents.

D.

Monuments. The location, number, and type of monuments shall be as specified in the Act and this Subsection and shall be in compliance with the standards prescribed in the California Business & Professions Code Section 8771.

E.

Documentation Required for City Review and Approval.

1.

The subdivider shall submit prints of the map to the City Engineer for checking, who will distribute the map to other City departments and agencies for review.

The preliminary prints shall be accompanied by documents, plans, and reports in a form approved by the City Engineer, including but not limited to all of the following:

a.

Improvement Plans. Improvement construction plans as required by the City Engineer.

b.

Soils Report.

(1)

A preliminary soils report, based upon test borings and prepared in compliance with the requirements of the Building Code, as it may be amended and as referenced in Municipal Code Article VIII (Building Regulations), shall be required for all tract maps and for those parcel maps which involve commercial or industrial development.

(a)

The soils report shall be prepared by a State-registered civil or soils engineer.

(b)

The requirement of a preliminary soils report may be waived or reduced in scope by the City Engineer if, in the City Engineer's opinion, the soil characteristics in the vicinity of the proposed subdivision have been established by previous analyses.

(2)

Parcel maps which propose the construction of single-family dwellings shall require the preparation of a report which includes the subsurface soil classification, as well as the results of an expansive index test.

c.

Title Report. A title report prepared by a title insurer, with the title report required to be dated no older than within 90 days from the filing of the final map.

d.

Improvement Cost Estimate. An improvement cost estimate, which shall include all improvements located within public or private rights-of-way, common areas, or easements, on-site and off-site drainage improvements, and utility trench backfill as provided by the subdivider, except for those utility facilities to be installed by a utility company under the jurisdiction of the Public Utilities Commission.

e.

Deeds for Easements and Rights-of-way.

(1)

Deeds for easements or rights-of-way required which are not proposed to be dedicated on the final map.

(2)

The subdivider shall provide written evidence acceptable to the City Engineer in the form of rights of entry or permanent easements across private property outside of the subdivision granting access to perform necessary construction work and allowing the maintenance of facilities, if required.

f.

Traverse Closure Calculations. Traverse closure calculations for the boundary blocks, easements, monument lines, lots, and street centerlines.

g.

Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic calculations.

h.

Organization Documents.

(1)

Any proposed declaration of covenants, conditions, and restrictions (CC&Rs) and all other organization documents for the subdivision in a form prescribed by the Civil Code Section 1355.

(2)

All documents shall be subject to review and approval by the Director and the City Attorney.

i.

Letter of Certification from Water Agencies. The subdivider shall submit written certification from the affected water provider that adequate domestic water facilities are or will be available to serve the proposed project and that all necessary financial arrangements have been made to ensure construction of the facilities.

j.

Other Reports. Any additional calculations, data, reports, or information specified by the City Engineer.

9105.05.040 - Filing and Processing of Final Tract and Parcel Maps.

A.

Official and Timely Filing of Map.

1.

The subdivider shall cause the map to be officially filed with the City Engineer at least 90 days before the expiration of the approved or conditionally approved tentative map or any approved extension of time

granted in compliance with Subsection 9105.03.110 (Tentative Map Expiration and Extensions), together with the filing fee(s) in compliance with the Fee Schedule.

2.

The map shall not be considered officially filed until the engineer or surveyor has received notification from the City Engineer that all provisions of the tentative map approval, including all conditions of approval, the Act, the Municipal Code, this Development Code, this Division, and applicable City standards have been complied with.

3.

The filing of the official copy of the map with the City Engineer shall constitute the timely filing of the map.

B.

Review of Map.

1.

After the issuance of a receipt for the map, the City Engineer shall examine it as to sufficiency of affidavits and acknowledgements, correctness of surveying data, mathematical data and computations, and other matters which may require checking to ensure compliance with the provisions of the Act, this Subsection, and applicable City standards.

2.

If the 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 map.

3.

The City Engineer shall combine with the map the agreements, easements, and securities as required by this Section.

4.

The material shall be transmitted to the Council for its consideration of the map.

C.

Time Limit for Filing Map. If the subdivider fails to file the map with the City Engineer and the required accompanying data with the appropriate City departments within 24 months, or other period of time specified in Government Code Section 66452.6 and Subsection 9105.03.110 (Tentative Map Expiration and Extensions), following the effective date of tentative map 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, in compliance with the Fee Schedule, and an application for a new tentative map shall be filed.

1.

If 120 days before the submittal of a 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 map is filed with the local agency, to allow the improvements to be made, the subdivider shall enter into an agreement with the City through the Director to pay all costs of the City in acquiring the property.

2.

The City shall have 120 days from the filing of the map, in compliance with Government Code Section 66457, to obtain interest in the land to allow the improvement(s) to be made by negotiation or proceedings in compliance with Code of Civil Procedure Title 7 (commencing with Section 1230.010) of Part 3, including proceedings for immediate possession of the property under Code of Civil Procedure Title 7 Article 3 (commencing with Section 1255.410).

3.

In the event the City fails to meet the 120-day time limitation, the condition for construction of off-site improvements shall be conclusively deemed to be waived.

4.

Before approval of the map, the City may require the subdivider to enter into an agreement to complete the improvements, in compliance with Subparagraph 9105.05.050.D (Map with Incomplete Improvements), below, at the time 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.

After determining that the map is in compliance with Subsection 9105.05.030 (Final Map and Parcel Map Form and Content), above, and is technically correct, the City Engineer shall execute the City Engineer's certificate on the map in compliance with Government Code Section 66442, and forward the map to the City Clerk for Council action in the following manner.

A.

Applicable Review Authority. The applicable review authority is specified in Table 5-1 (Subdivision Review Authorities).

B.

Review and Approval by the Review Authority.

1.

Timing of Review Authority's Review. The review authority shall approve or deny the map after it receives the map from the City Engineer or, in the case of the Council, 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 Director and the subdivider.

2.

Criteria for Approval.

a.

The review authority shall approve the map if it conforms to all of the requirements of the 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 and all conditions of approval.

b.

If the map does not conform, the review authority shall not approve the map.

c.

Where a map does not include any offers for dedication or improvement, the Director shall review the map(s) and shall approve each map if the map conforms to the applicable requirements of the Act and this Section. If the map(s) does not conform, it shall not be approved.

3.

Applicable Ordinances, Policies, and Standards. In determining whether to approve or deny a map, the review authority shall apply only those ordinances, policies, and standards in effect on the date the proposal for the subdivision was accepted as complete, in compliance with Government Code Section 66474.2.

4.

Action Not to Approve a Final Tract or Parcel Map.

a.

If a map is not approved due to its failure to meet any of the requirements imposed by the Act or this Section, the denial shall be accompanied by findings identifying the requirements which have not been met or performed.

b.

Approval of a map shall not be withheld when the failure of the map to comply is the result of a technical and inadvertent error which, in the determination of the Council or, in the case of a map involving four or fewer parcels, the Director, does not materially affect the validity of the map.

C.

Map with Dedications.

1.

If a dedication or offer of dedication is required on the map, the Council or City Engineer shall accept, accept subject to improvement, or reject, on behalf of the public, of any real property offered for dedication to the public in compliance with the terms of the offer of dedication, at the same time as it takes action to approve the map.

2.

If the Council or City Engineer rejects the offer of dedication, the offer shall remain open and may be accepted by the Council or City Engineer at a later date in compliance with Government Code Section 66477.2.

3.

Any termination of an offer of dedication shall be processed in compliance with Government Code Section 66477.2 using the same procedures as specified by Streets and Highway Code Part 3 of Division 9.

D.

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 map, the review authority shall require the subdivider to enter into an agreement with the City as specified in Government Code Section 66462, and Subsection 9105.09.070 (Improvement Agreement Required), as a condition precedent to the approval of the map.

E.

Recording of Final Tract and Parcel Maps.

1.

After action by the review authority to approve the map, and after the required signatures and seals have been affixed, together with the filing fee(s) in compliance with the Fee Schedule, the City Clerk shall transmit the map back to the City Engineer.

2.

The City Engineer shall establish an appointment with the County Recorder for filing.

3.

The County Recorder shall oversee the recording of the map.

(Ord. No. 2396, § 4(Exh. B), 4-18-23)

In addition to the information required by this Section to be included in all final tract and parcel maps, additional information may be required to be submitted and recorded simultaneously with a final or parcel map as required by this Subsection.

A.

Preparation and Form.

1.

The additional information required by this Subsection shall be presented in the form of an additional map sheet(s), unless the City Engineer determines that the type of information required would be more clearly and understandably presented in the form of a report or other document(s).

2.

The additional map sheet(s) shall be prepared in the same manner and in substantially the same form as required for final tract and parcel maps by Subsection 9105.05.030 (Final Tract and Parcel Map Form and Content).

B.

Content of Information Sheets. Supplemental information sheets shall contain the following statements and information:

1.

Title. A title, including the number assigned to the accompanying final or parcel map by the City Engineer, the words "Supplemental Information Sheet;"

2.

Explanatory Statement. A statement following the title that the supplemental information sheet is recorded along with the subject final or parcel map, and that the additional information being recorded with the final or parcel map is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest;

3.

Location Map. A location map, at a scale not to exceed one inch equals 1,200 feet. The map shall indicate the location of the subdivision within the City;

4.

Areas Subject to Flooding. Identification of all lands within the subdivision subject to periodic inundation by water;

5.

Soils or Geologic Hazards Reports. When a soils report or geological hazard report has been prepared, the existence of the report shall be noted on the information sheet, together with the date of the report and the name of the engineer making the report; and

6.

Information Required by Conditions of Approval. Any information required by the review authority (e.g., areas subject to earthquakes and other similar environmental constraints) to be included on the supplemental information sheet(s) because of its importance to potential successor(s)-in-interest to the property, including any other easements or dedications.

A recorded final tract or parcel map (referred to as a map) may be amended by the City Engineer to correct errors in the recorded map or to change characteristics of the approved subdivision in compliance with Government Code Chapter 3, Article 7.

A.

Type of Corrections Allowed in Compliance with Government Code Section 66469.

1.

Filing of a Certificate of Correction or an Amending Map. In the event that errors in a 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 Government Code Chapter 3, Article 7.

2.

Error Defined. For the purposes of this Subsection, "errors" include errors in course or distance (but not changes in courses or distances from which an error is not ascertainable from the 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, lot numbers, street names, and identification of adjacent record maps.

3.

Other Corrections. 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.

4.

Review Authority. The City Engineer shall be the review authority for reviewing and either approving or denying corrections to and amendments of recorded maps in compliance with Government Code Section 66469.

Application and City Engineer's Review Process.

a.

An application to amend a recorded map in compliance with Government Code Section 66469 shall be filed with the City Engineer.

b.

The City Engineer shall determine if the changes requested may be approved with a certificate of correction or an amending map.

c.

The City Engineer may request additional information based upon that determination and shall approve the certificate of correction or the amending map if all of the required findings specified in Subparagraph 6. (Required Findings), below can be made.

6.

Required Findings. A map may be amended only 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 owner(s) of the real property;

c.

The amendment(s) does not alter any interest, right, or title in the real property reflected on the map; and

d.

The map, as amended, is still in compliance with Government Code Section 66474.

B.

Type of Corrections Allowed in Compliance with Government Code Section 66472.1. In the event that there are changes in circumstances which make any or all of the conditions of a recorded map no longer appropriate or necessary, the following procedures shall be followed to amend the map:

1.

Application and City's Review Process.

a.

An application to amend a recorded map in compliance with Government Code Section 66472.1 shall be filed with the City Engineer.

b.

Once approved by the City Engineer, the application shall be sent to the Council for approval of either a certificate of correction or an amending map.

c.

The Council shall approve the application if all of the required findings specified in Subparagraph 3. (Required Findings), below can be made.

2.

Review Authority. The Council shall be the review authority for reviewing and either approving or denying corrections to and amendments of recorded maps in compliance with Government Code Section 66472.1.

3.

Required Findings. A map may be amended only 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 owner(s) of the real property;

c.

The amendment(s) does not alter any interest, right, or title in the real property reflected on the map; and

d.

The map, as amended, is still in compliance with Government Code 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 final tract or parcel map), including but not limited to the number or configuration of lots, 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 Subsection 9105.09.070 (Improvement Agreement Required), the subdivider shall file a

new tentative, final, or parcel map in compliance with this Division or comply with the requirements of Government Code Section 66499.20.2.

The procedures and requirements related to appeals and public hearings in Division 8 (Development Code Administration) shall apply to the decision on a final tract or parcel map application.

The final parcel map process shall adhere to the requirements and process in Section 9102.01.150 (Urban Lot Splits), Section 9105.05.030 (Form and Content for Maps), and Section 9105.05.040 (Filing and Processing of Maps).

(Ord. No. 2388, Exh. A, 7-19-22)

Section 9105.07 - Additional Subdivision Procedures