Ceres Municipal Code Ch. 06 Parcel Maps

The regulations contained in this chapter shall apply to the subdivisions described in sections 66426, subdivisions (a), (b), (c), (d) and (e) of the Subdivision Map Act.

(Ord. No. 2020-1058, § 3, 3-23-2020)

Except as provided by the Subdivision Map Act or by this title, a tentative map shall be submitted for each proposed parcel map.

The Commission shall be the approving authority for a parcel map. Such tentative maps shall be processed as provided in this chapter. The subdivider or any interested person adversely affected may appeal any action approving, conditionally approving or denying a parcel map in accordance with the procedures provided in section 17.07.020.

(Ord. No. 2020-1058, § 3, 3-23-2020)

Six copies of parcel maps shall be submitted to the Director of Community Development and shall be accompanied with a fee in such amount as may be fixed from time to time by resolution of the City Council.

(Ord. No. 2020-1058, § 3, 3-23-2020)

An application for waiver of the parcel map shall be filed at the time of filing of the tentative map. The parcel map may be waived only if the Commission determines that all of the following conditions are satisfied:

A. Findings. The parcel map may be waived only if the Commission makes the following findings:

1. The subdivision conforms to all requirements of this title, other provisions of the City Code, provisions of the Subdivision Map Act, and other applicable laws, regulations and standards, including, but not limited to, those with respect to area, improved public roads, sanitary disposal facilities, water supply availability and environmental protection.

2. The subdivision conforms to the general plan and any applicable specific plan.

3. The parcel map is not necessary to ensure the accuracy of the description of property, location of property lines, or monumenting of property lines.

B. Conditions. In addition to the foregoing requirements of this section, the following conditions must be satisfied before a certificate of compliance for the property may be recorded:

1. The subdivider must comply with section 17.06.060 and the requirements of the Subdivision Map Act.

2. Property descriptions, drawings showing bearings and distances, and closure calculations must be submitted.

3. A preliminary title report or letter from a title company showing that the subdivider is the owner of the subject property must be submitted.

4. A filing fee established by resolution by the Council must be paid.

(Ord. No. 2020-1058, § 3, 3-23-2020)

A parcel map which the Director concludes may propose a division of land which is not in conflict with the provisions of this chapter shall be presented by him to the Planning Commission for consideration and approval with conditions or denial in accordance with section 17.05.110.

(Ord. No. 2020-1058, § 3, 3-23-2020)

The Director shall not present the parcel map to the County Recorder for recording until:

A. The map is found technically correct;

B. The subdivider has dedicated or offered to dedicate such property as may be required for road widening or other purposes as determined pursuant to this chapter. The City Clerk, with the approval of the Director, may accept or reject dedications and offers of dedication that are made by certificate on any parcel map filed pursuant to this chapter;

C. The subdivider has deposited the recording fee required by law;

D. The subdivider has completed required improvements or has executed an agreement with the Director, joined in by all persons having an interest in the property, agreeing to perform all required improvements, and has provided security to guarantee completion of the improvement.

Security to guarantee the performance of any act or agreement shall be in a form as approved by the Director and in the following amounts:

1. An amount determined by the City Council, not less than 50 percent nor more than 100 percent of the total estimated cost of the improvement or of the act to be performed, conditioned upon the faithful performance of the act or agreement;

2. An additional amount determined by the City Council, not less than 50 percent nor more than 100 percent of the total estimated cost of the improvement or the performance of the required act, securing payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act;

3. An amount determined by City Council necessary for the guarantee and warranty of the work for a period of one year following the completion and acceptance hereof against any defective work or labor done or defective materials furnished.

(Ord. No. 2020-1058, § 3, 3-23-2020)

Failure to file a parcel map for checking and recording within 12 months after approval or conditional approval shall nullify the approval granted. Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which such map expires may be extended by the Planning Commission for a period or periods not exceeding two years. If the Commission denies a subdivider's application for extension, the subdivider may appeal to the City Council within 15 days after the denial, pursuant to section 17.07.020.

(Ord. No. 2020-1058, § 3, 3-23-2020)

The title sheet shall contain the following information:

A. Title, consisting of the words "Parcel Map" and followed by the parcel map name, if any, conspicuously placed at the top of the sheet.

B. Below the title shall be a subtitle consisting of a description of all property being subdivided by reference to such map or maps of the property shown thereon as shall have been last previously recorded or filed in the Stanislaus County Recorder's office, or shall have been last previously filed with the Stanislaus County Clerk pursuant to a final judgment in any action in partition, or shall have been previously filed in the office of the Stanislaus County Recorder under authority of the Subdivision Map Act or by reference to the plat of any United States survey. The description shall also include reference to any vacated area with the number of the ordinance vacating said area, followed by the words "City of Ceres, California," followed by the month and year of recording. References to tracts and subdivisions in the description must be worded identically with original records and references to book and page of record must be complete.

C. Following the description shall be the name of the engineer or surveyor preparing the map and the sheet numbering.

D. Affidavits, certificates, acknowledgments, endorsements, acceptances, and notarial seals required or authorized by the Subdivision Map Act and by this title. The surveyor's statement, Director's statement, City Clerk's statement, Recorder's statement, and the any statement from public agencies required or authorized by the Subdivision Map Act and by this title shall be shown on sheet 1.

E. Where a field survey is required, the basis of bearings used in the survey, making reference to some recorded subdivision map or other record acceptable to the Director.

(Ord. No. 2020-1058, § 3, 3-23-2020)

The parcel map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor and shall conform to the requirements of the Subdivision Map Act and to all of the following provisions:

A. The general form and layout of the map, including but not limited to the size and type of lettering, drafting and location of acknowledgments, shall be determined by the Director.

B. The scale of the map shall be one inch equals 40 feet or as otherwise permitted by the Director, but in any case the map shall show clearly all details of the subdivision.

C. All dimensions shall be shown in feet and hundredths of a foot. No ditto marks shall be used.

D. If more than three sheets are necessary to show the entire subdivision, an index map shall be included on the first sheet. Sheet size shall not exceed 18 inches by 26 inches.

E. The parcel map number, scale and north arrow shall be shown on each appropriate sheet.

F. A title sheet, designated as page number one of the parcel map, shall be provided; except that, where the size of the subdivision permits, in lieu of a separate title sheet, the information required to be shown thereon may be shown on the same sheet as the map of the subdivision.

G. The parcel map shall be so made and shall be in such condition when filed that legible prints and negatives can be made therefrom.

(Ord. No. 2020-1058, § 3, 3-23-2020)

The parcel map shall contain in addition to the requirements set forth under the Subdivision Map Act, all of the following information:

A. The boundary line of the subdivision shall be designated by a bold border inside the boundary line. Such border shall be of such density to appear on a blue line print of the map without obliterating any figures, lines or other data.

B. Where a field survey is required, all survey data and information required by section 17.06.120, Survey data and information to be shown on final map or parcel map.

C. All lots or parcels intended for sale or reserved for private purposes with all dimensions, boundaries and courses clearly shown and defined in each case.

D. Each parcel shall be identified by a number.

E. The location and width of streets, alleys, pedestrian-ways, and other easements and the portions thereof dedicated or offered for dedication to the City, including their recording references; the names of streets.

F. The lines of public easements to which the lots are subject shown in fine, dashed lines; the lines, bearings and dimensions of easements deeded to the City.

G. All limitations on rights of access to and from streets and lots and other parcels of land.

(Ord. No. 2020-1058, § 3, 3-23-2020)

The following statements, filing fees, documents and other data, and as many additional copies thereof as may be required, shall be filed with the parcel map:

A. The names, addresses and telephone numbers of the record owner(s), subdivider, and persons preparing the parcel map.

B. A filing fee as established by resolution of the Council.

C. An irrevocable offer of dedication of property for streets, alleys, pedestrian-ways, equestrian or hiking trails, biking paths, drainage channels, sewers, other easements or for any public purpose or future public purpose when the dedication is not made by certificate on the parcel map. The offer shall be on a form approved by the City Attorney and the Director for recordation in the office of the Stanislaus County Recorder, and shall be in such terms as to be binding on the owner, his/her heirs, assigns or successors in interest, and shall continue until the Commission accepts or rejects such offer.

D. A guarantee of title or letter from a title company doing business in the City, approved by the Director certifying that the signatures of all persons signing offers of dedication and the certificate required by section 66445, subdivision (f) of the Subdivision Map Act and signing all acknowledgments thereto appear and are correctly shown.

E. Where a field survey has been made, the engineer or surveyor under whose supervision the survey was made shall furnish the Director with a traverse sheet in a form approved by the Director giving latitudes, departures and coordinates and showing the mathematical closure.

F. The plans, profiles, cross sections, specifications, and applicable permits for the construction and installation of improvements as required by chapter 17.10, Subdivision Improvements.

G. A final grading plan. Submission of a final grading plan may be waived by the Director when he or she determines that the submission of said plan is not required for proper grading, flood hazard mitigation and erosion control of the subdivision.

H. The agreement to make improvements and the security for such improvements as required by chapter 17.10, Subdivision Improvements.

I. All protective covenants, conditions, restrictions or affirmative obligations in the form in which the same are to be recorded when the approval thereof by the City has been made a condition of approval of the tentative map.

J. All other data required by law or as a condition of approval of the tentative map, including plans, reports, agreements, permits, fees, security or other requirement.

(Ord. No. 2020-1058, § 3, 3-23-2020)

Where the subdivision creates four parcels or fewer, the parcel map may be compiled from available record data when the Director determines that sufficient survey information exists on filed maps and when the location of any boundary of the parcel map, either by monuments or possessory lines, is certain.

All other parcel maps shall be based upon a field survey made in accordance with the provisions of chapter 17.16, Surveys and Monuments.

(Ord. No. 2020-1058, § 3, 3-23-2020)

The subdivider shall cause the surveyor's statement to be executed and shall file with the Director as many prints of the original tracing of the parcel map as may be required. A parcel map shall not be considered as having been filed unless and until it complies with all provisions of this chapter and the statements, filing fees, documents and other data required to accompany the parcel map have been submitted in a form acceptable to the Director.

Where offers of dedications of land are to be made in conjunction with the parcel map and are not made by statement on the parcel map, the subdivider shall transmit the instrument of dedication and the accompanying title report to the Director. Said instrument shall include a plat showing the area being dedicated. In such cases, the parcel map shall not be considered as having been filed unless and until the offer of dedication has been approved for recordation as provided in section 17.06.140. In most cases, offers of dedications of land will be shown on the map and the instrument document number labeled on the map.

(Ord. No. 2020-1058, § 3, 3-23-2020)

Dedications may be required to be made by separate instrument. After receiving the instrument of dedication and accompanying title report, the Director shall approve or disapprove the instrument of dedication as to its suitability for recordation. After approving an offer to dedicate, the Director shall record the offer in the office of the Stanislaus County Recorder.

If said offer of dedication is subsequently rejected by the Commission, the Director shall issue a release from such offer, which shall be recorded in the office of the Stanislaus County Recorder.

(Ord. No. 2020-1058, § 3, 3-23-2020)

Upon acceptance of the parcel map and accompanying documents, fees and materials for filing, the Director shall cause the same to be examined, and if found to be in substantial conformity with the approved tentative map and all amendments, conditions, modifications and provisions made or required by the Commission, and if found to be complete, technically correct, in conformity with the improvement plans and specifications, and in compliance with the requirements of this title, planned street lines, other applicable specific plans and ordinances, shall execute the Director's certificate on the map and shall submit it to the Commission for approval and acceptance of dedications. No parcel map shall be certified until the required improvements have been installed or agreed to be installed in accordance with chapter 17.10, Subdivision Improvements. Should the map or other accompanying documents, fees or materials be found to be incomplete or incorrect in any respect, the subdivider shall be advised in writing, by mail, of the changes or additions that must be made before the map may be certified.

(Ord. No. 2020-1058, § 3, 3-23-2020)