Concord Municipal Code Art. II Parcel Maps and Final Maps

This article establishes procedures for submittal, review, and action on parcel maps and final maps.

(Ord. No. 17-9 (Exh. A))

(a) Parcel maps. A parcel map is required for subdivisions of four or fewer parcels (minor subdivisions). Parcel maps are submitted to the city after approval of a tentative parcel map.

(b) Final maps. A final map is required for subdivisions of five or more parcels (major subdivisions). Final maps are submitted to the city after approval of a tentative map.

(Ord. No. 17-9 (Exh. A))

(a) Parcel maps. The City Engineer shall take action on all parcel maps for minor subdivisions. Dedications or improvement agreements associated with a parcel map may be accepted by the City Engineer.

(b) Final maps. The City Council shall take action on all final maps for major subdivisions.

(Ord. No. 17-9 (Exh. A))

Parcel maps and final maps shall be prepared as required by Government Code Section 66433 and in accordance with requirements specified in the city’s application checklists for parcel maps and final maps.

(Ord. No. 17-9 (Exh. A))

(a) Timing. Final maps and parcel maps shall be filed with the City Engineer before the tentative map or tentative parcel map expires. The expiration of a tentative map or tentative parcel map terminates all proceedings, and no parcel map or final map may be filed without first processing a new tentative map or tentative parcel map. Once a timely filing is made, subsequent actions of the city, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map or tentative parcel map. Delivery to the City Engineer shall be deemed a timely filing for purposes of this section.

(b) Applications. Applications for approval of parcel maps and final maps shall be submitted in accordance with Section 17.05.090 (Application submittal and review) and shall be accompanied by all required fees, information, and materials as specified in the city’s application checklists for parcel maps and final maps.

(Ord. No. 17-9 (Exh. A))

(a) Survey required.

(1) Final maps and parcel maps shall be based upon a complete, precise, and accurate field survey of the land to be subdivided, prepared by a California-registered civil engineer or land surveyor.

(2) All found monuments, property lines, centerlines of streets, and alleys adjoining or within the subdivision shall be tied into the survey.

(b) Monuments required.

(1) At the time of making the survey for a final map or parcel map, the engineer or surveyor shall set sufficient, durable monuments which conform with California Business and Professions Code Section 8771 so that another engineer or surveyor may readily retrace the survey.

(2) In conjunction with the filing of a final map or parcel map, at least one exterior boundary line shall be monumented. Additional monuments shall be set as required by the City Engineer.

(Ord. No. 17-9 (Exh. A))

(a) When permitted. Multiple final maps relating to an approved tentative map may be filed if:

(1) The subdivider states in the tentative map application the subdivider’s intention to file multiple final maps; or

(2) After filing of the tentative map, the Planning Commission and the subdivider agree to the filing of multiple final maps.

(b) Separate subdivision numbers. Each final map which constitutes a part of the approved tentative map shall have a separate subdivision number.

(c) Improvement agreements. The subdivision improvement agreement executed by the subdivider shall provide for the construction of improvements as required to ensure a logical and orderly development of the whole subdivision.

(Ord. No. 17-9 (Exh. A))

(a) City Engineer review.

(1) The City Engineer, in consultation with the Zoning Administrator, shall review the final map or parcel map for conformance with the approved tentative map or tentative parcel map, conditions of approval, and all applicable requirements of this title and the Map Act.

(2) The subdivider shall make corrections and additions until the map is acceptable to the City Engineer.

(3) The City Engineer shall certify approval of the corrected final map within 20 days of receiving the corrected map, all required certificates and submittals, and any required fees.

(b) Final map approval.

(1) The City Council shall conduct a noticed public hearing to consider approval of a final map within 45 days of its certification by the City Engineer.

(2) The City Council shall approve the final map if it complies with all requirements of this title and the Map Act. At the time of approval, the City Council shall also accept or reject any offers of dedication.

(3) City Council disapproval of a final map shall be accompanied by a finding that identifies the conditions that have not been met.

(c) Parcel map approval.

(1) A parcel map may be approved in full by the City Engineer if it complies with the requirements of the Map Act, this chapter, the tentative parcel map, and all attached conditions of approval.

(2) Dedications or improvement agreements associated with a parcel map may be accepted by the City Engineer.

(d) Recordation. After the city approves a final map or parcel map, the City Engineer shall transmit the map to the County Recorder. The final map or parcel map becomes valid and goes into effect after it is filed by the County Recorder.

(Ord. No. 17-9 (Exh. A))

A recorded final map or parcel map may be amended to correct errors and omissions in the map or to reflect changed circumstances subsequent to map approval. Amendments may be requested using an amending map or a certificate of correction and shall be approved by either the City Engineer or the Planning Commission depending on the nature of the amendments. Amendments shall be reviewed and approved in a manner consistent with this section and Government Code Sections 66469 and 66472.1.

(a) General. The following applies to requested amendments reviewed by either the City Engineer or the Planning Commission.

(1) Requested amendments shall be submitted to the Department in accordance with Section 17.05.090 (Application submittal and review).

(2) The form and contents of amending maps shall be prepared in accordance with requirements specified in the city’s application checklist for major and minor subdivisions.

(3) Amending maps and certificates of correction shall identify the corrections made, the names of the property owner affected by the correction or amendment, and the date of the filing or recording of the original map.

(4) Amending maps and certificates of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor.

(5) Requested amendments may not impose any additional burden on the property owners and may not alter any right, title, or interest in the property reflected on the recorded map.

(b) Amendments allowed with City Engineer approval. The City Engineer may approve map amendments to correct for errors and omissions as specified in Government Code Section 66469.

(1) Within 20 working days of receiving an application for an amending map or certificate, the City Engineer shall review the submittal for compliance with the requirements of this section.

(2) If the certificate complies, the City Engineer shall endorse a statement on it of examination and certification, and present it to the County Recorder for recordation.

(3) If an amending map or certificate fails to comply with the requirements of this section, the City Engineer shall notify the applicant in writing of the changes needed for compliance.

(4) Within 10 working days of receiving a revised amending map or certificate, the City Engineer shall review the revised submittal for compliance.

(5) Once the amending map or certificate is in compliance, the City Engineer shall present it to the County Recorder for recordation.

(c) Amendments requiring Planning Commission approval. Map amendments to reflect changed circumstances that make map conditions no longer necessary or appropriate may be approved by the Planning Commission in a manner consistent with this section and Government Code Section 66472.1.

(1) Within 30 days of receiving an amending map or certificate, the City Engineer shall examine the certificate of correction for compliance with the requirements of this section.

(2) After the application is deemed complete and a CEQA determination has been made, the requested amendments shall be scheduled for review by Planning Commission at a noticed public hearing.

(3) The Planning Commission may approve the requested amendment if all of the following findings can be made:

a. There are changes in circumstances that make any or all of the conditions of the map no longer appropriate or necessary.

b. The modifications do not impose any additional burden on the property owners.

c. The modifications do not alter any right, title, or interest in the property.

d. The modifications comply with the findings required for approval of a tentative map or tentative parcel map in Section 17.10.080(b) (Findings) can be made.

(4) The Planning Commission shall confine the hearing to consideration of, and action on, the proposed modification.

(d) Recording.

(1) The certified amending map or certificate of correction shall be filed or recorded in the office of the County Recorder.

(2) After accepted and indexed by the County Recorder, the original map shall be deemed to have been conclusively corrected.

(e) Amendment of an approved subdivision.

(1) If an applicant wishes to amend a recorded final map or parcel map in a manner that affects a property right, the applicant must file a new tentative map or tentative parcel map application in compliance with this title.

(2) New maps are required for amendments to the characteristics of an approved subdivision including but not limited to the number or configuration of parcels, location of streets or easements, or the nature of required improvements.

(Ord. No. 17-9 (Exh. A))