Cypress Municipal Code Art. III Division of Land by Parcel Map

The purpose of this article is to regulate and control the division of land by means other than a subdivision tract map as defined by the Subdivision Map Act.

(Ord. No. 582, § 2, 9-13-76)

A parcel map shall be required for all divisions of land creating four or less parcels, in accordance with the requirements of the Subdivision Map Act. The provisions of this article shall apply to all such divisions.

(Ord. No. 582, § 2, 9-13-76)

(a) Submittal. A tentative parcel map showing the proposed lot division shall be deemed filed with the planning director in the same manner as a tentative tract map. The applicant shall determine from the planning department the number of copies of the tentative map, and any other information required for processing the lot division, and shall provide same. The size of the tentative map shall be sufficient to show the entire land division on a single sheet, at a scale not smaller than 100 feet to the inch. The tentative parcel map shall contain and show the following information in addition to that required by the Subdivision Map Act:

(1) A legal description of the land to be divided, with dimensions on the parcels and around the boundary.

(2) The name, address and phone number of the owners of the property to be divided, with the name, address and phone number of the person who prepared the map.

(3) A north arrow and scale.

(4) The location of the property in relation to existing streets, alleys, and public service easements, and the location, width, approximate grade, center line radii, and proposed names of all proposed streets, highways, alleys, and public service easements.

(5) The location of existing lot lines, and the location of proposed lot lines with each new parcel being numbered consecutively.

(6) Existing contours or topography, if required by the director of public works, with the location and steepness of all cut and fill slopes.

(7) The location and direction of flow of existing or proposed sewerage and storm drainage facilities, water lines, wells, and any cesspools, irrigation lines, utility lines, and all other underground or overhead facilities.

(8) The location of existing buildings and structures and their relation to the lot lines being created, along with the proposed use of each new parcel.

(9) Any other information relevant to the area, its improvement and design, which in the opinion of the director of public works is required for proper consideration of the effect of the division on the community and as required by state or city laws.

(b) Certificate of owner. When a tentative parcel map is filed with the planning director, the applicant shall certify in writing that he or she is the record owner of the property or properties to be divided, and that he or she consents to the proposed division. Such certificate shall be in a form as prescribed by the planning director and all signatures thereon shall be acknowledged by a notary public. Signatures of parties owning the types of interests described in Section 66436(b) of the Subdivision Map Act need not appear on the certificate form if the subdivider supplies their names, and the nature of their interests, prior to approval and recordation of the final parcel map and otherwise complies with the provisions of Section 66436(b).

(c) Examination and report on tentative parcel map. Each tentative parcel map filed should be examined by the director of public works and planning director for its correctness in compliance with city ordinances and policies. A written report of their findings and recommendations shall be delivered to the city council within 50 days of the filing of the tentative parcel map. However, if an environmental impact report is prepared regarding the tentative map, the 50 day period specified in this subsection shall not be applicable, and the director of public works and planning director shall render their report required by this subsection within 45 days after certification of the environmental impact report. In either case, the public works and planning directors' report shall also be sent to the applicant of record, and to each tenant of the subject property in the case of a proposed conversion of residential real property or stock cooperative project, at least three days prior to any action taken on the tentative parcel map by the city council. The planning director shall mail a written notice to all owners of record properties adjoining the properties being considered for division of the time and place of the meeting at which the tentative parcel map will be considered by the city council. Such notice shall be mailed at least five days prior to the date of said meeting.

(Ord. No. 582, § 2, 9-13-76; Ord. No. 717, § 11, 11-28-83)

At its first regular meeting held after receipt by the city clerk of the above written report and recommendations, the city council shall fix the meeting date at which the tentative maps will be considered by it, which date shall be within 30 days thereafter, and the city council shall approve, conditionally approve, or disapprove the tentative map within such 30 day period. Notification by mail of the time and place at which action on the tentative parcel map will be considered by the city council shall be sent to the applicant or owner not less than five days prior to the meeting at which the action will be considered. The decision of the city council shall be final, and the city clerk shall make a written report of the outcome directly to the applicant or owner and the various city departments. Such written report shall specify the facts and reasons for the decision made with a finding as to whether or not the division, along with its improvement and design, conforms to the city general plan.

(Ord. No. 582, § 2, 9-13-76; Ord. No. 717, § 12, 11-28-83)

(a) For the purposes of this chapter, a lotline adjustment is any division of land not requiring a subdivision tract map, as specified by the Subdivision Map Act, Government Code section 66411 et seq., where adjustment is sought between two or more existing adjacent parcels, and where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, provided the lotline adjustment is approved by the planning director and the director of public works as the advisory agency for purposes of the Subdivision Map Act.

(b) The planning director and public works director shall limit their review and approval to a determination of whether or not the parcels resulting from the lotline adjustment will conform to city zoning and building ordinances. The planning director and public works director in reviewing lotline adjustments proposals shall not impose conditions or exactions on the approval of a lotline adjustment except to conform to city zoning and building ordinances, or except to facilitate the relocation of existing utilities, infrastructure, or easements.

(c) No tentative map, parcel map, or final map shall be required as a condition to the approval of a lotline adjustment. Any lotline adjustment so approved shall be reflected in a deed or record of survey which shall be recorded. No record of survey shall be required for a lot line adjustment unless required by Business and Professions Code, Section 8762.

(d) Nothing in this section shall prohibit an applicant for a lotline adjustment from submitting a tentative parcel map in lieu of the procedure outlined herein.

(e) The decision to approve or deny a lotline adjustment by the director of planning and the public works director, acting as the advisory agency, shall be in writing and sent by mail to the applicant within 50 days of a complete filing application.

(Ord. No. 582, § 2, 9-13-76; Ord. No. 827, § 1, 9-25-89; Ord. No. 841, § 1, 2-12-90)

(a) From action by the advisory agency. If any interested party is dissatisfied with any requirement, ruling, finding or disapproval by the advisory agency with respect to the map or the kinds, nature and extent of the improvements and conditions imposed, he or she shall within 10 days after such action appeal in writing to the city council for relief. Said written appeal shall be filed with the city clerk and shall set forth the grounds and reasons for such an appeal. The city council may sustain, modify or overrule any such requirements, ruling, finding, or disapproval of the advisory agency, and may modify the kinds, nature and extent of any improvements required. The city council shall consider such appeal within 30 days of its filing with the city clerk. Notification by mail of the time and place at which the appeal will be considered by council shall be sent to the applicant or owner not less than five days prior to the meeting at which the appeal will be considered. The decision of the city council shall be final, and upon making its decision the city clerk shall make a written report of the outcome directly to the applicant or owner and to the various city departments.

(b) From action by the director of public works and/or planning director If any interested person or the applicant for a lot line adjustment or urban lot split wishes to appeal the decision of the director of public works and/or planning director or the requirements and conditions pertaining to this approval, conditional approval, or denial of the lot line adjustment or urban lot split, said person shall file a written appeal with the planning director within 10 days of the decision. The tentative map, along with the staff report setting forth the requirements and other information regarding the lot line adjustment or urban lot split shall then be sent to the city council, which shall consider the appeal. A copy of the report shall also be sent to the owner or applicant making the appeal at least five days prior to action by the city council. Upon receipt of the report, the city council shall review the matter within the time and in the manner specified above for action by the city council concerning a regular division by parcel map. The decision of the city council approving, conditionally approving, or denying the appealed lot line adjustment, urban lot split, or conditions thereof, shall be final.

(Ord. No. 582, § 2, 9-13-76; Ord. No. 717, § 13, 11-28-83; Ord. No. 1198, § 3, 9-26-22)

The approval or conditional approval of a tentative parcel map or tentative map or a lot line adjustment shall be valid for a period of 24 months after the date upon which the director of public works, planning director, or the city council, whichever is applicable, granted approval or conditional approval of the division or lot line adjustment. During this time, the owner or applicant may cause the parcel or parcels to be surveyed and a final map to be prepared and submitted to the director of public works for approval and subsequent recordation. Upon written application, filed with the director of public works within the 24 month period following approval or conditional approval of the lot division, extensions beyond the twenty-four-month period may be granted by the city council in the case of lot divisions, and by the director of public works in the case of lot line adjustments. The sum of all such extensions granted shall not exceed a total of 12 months. If the request for extension for lot line adjustment is denied, then the applicant or owner may appeal to the city council in the same manner as outlined in section 25-10(b) of this chapter. The decision of the city council concerning any extension in the case of lot divisions shall be final. At the time any tentative parcel map is extended, the city council or the director of public works, whichever is applicable, may add any new conditions as they see fit as a condition of the extension of the tentative map approval period, subject to appeal city council, in the case of a lot line adjustments.

(Ord. No. 582, § 2, 9-13-76; Ord. No. 717, § 14, 11-28-83)

When a tentative parcel map has been approved or conditionally approved in accordance with this chapter, a final map thereof, which shall be in substantial conformance with the approved tentative map, shall be prepared, approved and signed by the director of public works, and filed with the county recorder for recordation. Recordation shall be made within the twenty-four-month period above provided, or within any subsequent extension duly approved. If no final parcel map is submitted for approval within the time limits provided, then all proceedings shall terminate, and no final parcel map of any portion of the land within said tentative parcel map shall be approved or recorded without first processing a new tentative parcel map.

(a) Filing. For the purpose of filing a final parcel map with the city, the owner or applicant shall submit to the director of public works an original final map tracing, one duplicate tracing, and three blue-line prints thereof. One print shall be returned to the owner or applicant thereafter, showing any corrections to be made, or a statement that the map is correct. When the final parcel map is found to be correct, and the applicant or owner has posted all agreements, improvement securities, and fees, and all other conditions precedent to the approval of the tentative parcel map have been met, the final map shall be certified by the director of public works. The map will then be transmitted to the clerk of the board of supervisors for ultimate transmittal to the county recorder.

(b) Required information on final parcel map. The final parcel map shall contain all of the same information and data as are required on a final tract map, and shall be prepared following the format as described in the Subdivision Map Act. Appropriate certificates for signature by the director of public works, the county surveyor and the engineer or surveyor who prepared the map shall be provided, in a form as required by the director of public works and the Subdivision Map Act. The location and description of existing monuments or established lines, the setting of new points and monuments before or after map recordation, and the required survey data to be shown and provided, shall all be done on a similar manner to that required by a final tract map and as required by the director of public works. The delineation of lots and parcels, their minimum frontages and widths, and the method of averaging lot sizes shall also conform to the same standards and codes as if the division of land were a subdivision of over four lots. All information shown on the final parcel map shall be based upon a field survey, made in conformance with good engineering and survey practices and with the state Land Surveyors' Act. Final maps for lot line adjustments, as defined in this chapter, may be based upon record data, if approved by the director of public works. Certificates for signature by the director of public works, and other required by law and this Code, shall be shown on the final parcel maps. The fact that a soils report was made as required in this chapter shall also be noted on the final map.

(Ord. No. 582, § 2, 9-13-76; Ord. No. 717, § 15, 11-28-83)

Fees for the filing of tentative and final parcel maps shall be as determined by resolution of the city council.

(Ord. No. 582, § 2, 9-13-76)