Chapter 17.21 — PARCEL MAPS

"Parcel split" means any real property improved or unimproved, or a portion thereof, shown on the latest adopted county tax rolls as a unit, or as contiguous units, which is divided for the purpose of sale, or lease, or financing, whether immediate or future, by any person into four or fewer parcels.

(Ord. 574 § 1 (part), 1972)

"Urban Lot Split" means a subdivision of an existing parcel into no more than two lots and that meets all requirements of Section 66411.7 (a) of the California Government Code and Section 18.31A.040.

(Ord. No. 1015, § 2, 1-18-2022; Ord. No. 1025, § 4, 12-6-2022)

(a)

Except as provided in Chapter 17.08 of this code, no person shall offer to sell, contract to sell, or sell any parcel split, offer for lease or lease, or for the purposes of financing or refinancing, or any other purpose, or any part thereof, until a parcel map thereof has been filed and approved in accordance with the requirements of this chapter or in accordance with the requirements for a subdivision as elsewhere provided in this code and by state law.

(b)

Any deed of conveyance, sale or contract to sell, or lease, or finance, made contrary to the provisions of this chapter, in addition to being a misdemeanor, shall be voidable to the extent and in the same manner provided in Article 3, Part 2, Division 4, of the Business and Professions Code.

(Ord. 574 § 1 (part), 1972)

A person may offer to sell or contract to sell a parcel split prior to approval thereof in accordance with the requirements of this chapter only if the offer to sell or contract to sell provides in writing that the transfer of title and close of escrow, if any, are conditioned upon the approval of the final parcel map in accordance with the requirements of this chapter prior to the consummation of the sale.

(Ord. 574 § 1 (part), 1972)

(a)

Except as otherwise provided in subsection (b) of this section, any person, or his appointed agent, owning real property desiring approval of a parcel map shall submit a tentative map and all applicable materials on forms prescribed by the town showing the proposed parcel split to be prepared by a licensed land surveyor or registered civil engineer, signed by said owner or agent, and filed with the planning division. The tentative parcel map shall conform substantially with the requirements for a tentative subdivision map set forth in Section 17.20.060 of this code. The planning division shall transmit copies of the map and supporting

documents to affected agencies, utilities, and/or divisions for their review and recommendation. The planning division shall have thirty days from the filing of the tentative map to approve, conditionally approve, or deny approval of said map. If said action is not taken within said period, the tentative map shall be deemed approved.

(b)

Any property owner or agent thereof wishing to effect an Urban Lot Split shall file a parcel map application with the planning division meeting the requirements of Section 17.20.060, with the exception of the information required by subsections (1), (8), (11), (12), (15), (20) of Section 17.20.060 and meeting the requirements of Section 17.21.090(a)(1 through 6). The Town will process the application as provided in Section 18.31A.040 of this Code.

(Ord. 574 § 1 (part), 1972; Ord. No. 1015, § 3, 1-18-2022; Ord. No. 1025, § 5, 12-6-2022; Ord. No. 1058, § 4, 2-3-2026)

At the time of filing the parcel map, the subdivider shall pay planning and engineering map checking fees as established and adopted by the town council from time to time by resolution.

(Ord. 616 § 4, 1974: Ord. 574 § 1 (part), 1972)

(a)

The standards prescribed by this title for subdivisions shall apply to parcel maps under this chapter.

(b)

The planning commission may make exceptions to such standards provided it first finds all of the following:

(1)

That the strict application of any standard prescribed by this title would result in practical difficulties or unnecessary hardship inconsistent with the general purpose and intent of this title;

(2)

That there are exceptional circumstances or conditions applicable to the property involved or to the intended use or development of the property in the city being subdivided or resubdivided;

(3)

That the granting of the exception will not be materially detrimental to the public welfare nor injurious to the property or improvements in the immediate vicinity;

(4)

That the granting of the exception will not be contrary to the objectives of this title.

Such findings shall state the reasons and grounds for making such exceptions.

(c)

Additional requirements shall be imposed by the planning commission when it determines that such requirements are necessary to preserve the purpose and intent of this article and of the zoning title of this code, to conform to the character of improvements and lot design of the neighborhood within five hundred feet of the parcel split, and for the improvement of public and private streets, highways, ways, or easements as may be necessary for traffic, drainage and sanitary needs. The planning commission may require dedications or an offer of dedication by separate instruments for street opening or widening or easements and, if so required, such dedications shall be shown and recorded on the final parcel map. Private easements appurtenant to this new parcel shall be shown as to be reserved.

(Ord. 574 § 1 (part), 1972)

When a tentative parcel map is filed, the planning commission, after investigation and receipt of reports of other divisions, may approve the map if it finds in writing that the proposed parcel split conforms to all of the following requirements:

(a)

Does not create an additional parcel in any zone;

(b)

Does not reduce the area of any parcel in any zone as defined in the zoning title of this code by more than thirty percent or more than ten percent below the average area of similarly zoned parcels within three hundred feet thereof;

(c)

Does not cut off any parcel from frontage on a public street, alley or access to a public utility easement;

(d)

Does not cut off any parcel from any utility service available immediately prior to the parcel split.

(Ord. 574 § 1 (part), 1972)

Within one and one-half years after the action of the planning commission approving or imposing conditions upon the application and tentative map, the applicant shall cause the parcel split to be surveyed and a final parcel map to be prepared and submitted for recording, if all conditions imposed have been fulfilled. A subsequent approval of the tentative map upon fulfillment of conditions shall not be construed as extending the time within which the final map may be filed for approval, but for a good cause shown, the planning commission may grant an extension of time not exceeding one year. Failure to file a final map within the original and/or extended time period granted as herein provided shall terminate all proceedings.

(Ord. 574 § 1 (part), 1972)

(a)

The applicant shall record a parcel map prepared pursuant to Article 6 (commencing with Section 11575) Chapter 2, Part 2, Division 4 of the Business and Professions Code. The map shall be prepared by a registered civil engineer or licensed land surveyor, and it shall substantially conform to the approved tentative map and any conditions attached thereto. This parcel map shall show:

(1)

Title of map and name and legal designation of tract or grant in which the survey is located and ties to adjoining tracts;

(2)

All monuments found, set, reset, replaced or removed, describing their kind, size and location, and giving other data relating thereto. Permanent monuments shall be set for all new lines created by the parcel split;

(3)

Bearing or witness monuments, basis of bearing, bearing and length of lines, and scale of map;

(4)

The area of each parcel in acres and hundredths thereof, or square feet;

(5)

Any required easements or dedications in the manner set forth in Section 17.24.120;

(6)

All easements of record;

(7)

When a parcel split is made for the sole purpose of joining a portion of a parcel with adjoining parcel, a statement to that effect;

(8)

A planning director's certificate. (If required).

(b)

At the time of acting upon a tentative parcel map or at any time prior to the filing of the final parcel map, the city engineer may waive, modify, or amplify any of the requirements of this section for a final parcel map if he finds that such action is necessary to avoid practical difficulties or unnecessary hardship inconsistent

with the general purpose and intent of this chapter and that such waiver or modification will not be contrary to the objectives of this chapter.

(Ord. 574 § 1 (part), 1972)

(a)

When the requirements of this chapter relating to the preparation and timely filing of the final map are found to have been met, the town engineer shall pass upon the content of said final map and if he finds that the requirements of this chapter relating to content have been fulfilled, he shall certify the parcel map in accordance with provisions of Article 5, Part 2, Division 4, of the Business and Professions Code. The town engineer shall send the original tracing of said map so certified to the town clerk, who shall cause it to be recorded as prescribed by the said provisions of the Business and Professions Code.

(b)

Notwithstanding the provisions of this chapter relating to the fulfillment of all conditions prior to approval of the application and tentative map, an agreement may be made to construct public improvements when such improvements are necessary to preserve the general purposes and intent of the zoning appendix and of this chapter; provided, no agreement shall be valid until secured by a good and sufficient surety bond or cash deposit adequate to cover all costs and administrative expense of the installation in case of default. Agreements relating to all public utility facilities, if made, shall be executed by the utilities involved and agreements relating to all other public improvements to be made shall be executed by the town engineer.

(Ord. 574 § 1 (part), 1972)