El Centro Municipal Code Art. VII Parcel Maps

Unless otherwise required by the Subdivision Map Act, a parcel map may be filed pursuant to an approved tentative map, in lieu of filing a final map, when any of the following conditions apply:

(1) Four (4) or fewer parcels are created.

(2) The land before division abuts a maintained public street or highway and no dedications or improvements are required.

(3) Each parcel created by this division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street or highway and no dedication is required.

(4) The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises a tract of land zoned for industrial or commercial development and which has the approval of the city council as to street alignments and widths and no dedication is required.

(5) Each parcel created by the division has a gross area of forty (40) acres or more.

(Ord. No. 08-10, § 1)

(a) Other provisions of this chapter to the contrary notwithstanding, the requirement that a parcel map be prepared and recorded may be waived provided a finding is made by the planning commission, or on appeal by the city council, that the proposed subdivision complies with the 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 this chapter and the Subdivision Map Act.

(b) An applicant for a subdivision pursuant to this section shall pay the fee prescribed for tentative maps and shall file a tentative map and a request for parcel map waiver which shall contain sufficient information in the opinion of the community development director to enable the planning commission, or on appeal the city council, to make the findings required by this section. The following types of subdivisions are hereby deemed to comply with the findings required by this section for waiver of the parcel map unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates such a parcel map.

(1) A minor subdivision of four (4) or fewer parcels wherein each resulting lot or parcel contains a gross area of forty (40) acres or more; or

(2) A subdivision for four (4) or fewer parcels only for the purpose of leasing the lots resulting from such subdivision.

(c) Minor subdivisions wherein dedications or improvements are required by the planning commission, or on appeal the city council, as a condition of approval, are hereby deemed not to comply with the findings required by this section for waiver of the parcel map.

(Ord. No. 08-10, § 1; Ord. No. 13-15, § 13, 4-2-13)

Ten (10) copies of each parcel map shall be filed with the city engineer. The parcel map shall conform with the requirements of the Subdivision Map Act and this chapter as well as the design, requirements and conditions of approval of the tentative map.

(Ord. No. 08-10, § 1)

No parcel map shall be filed or accepted by the city engineer that creates the circumstance that the applicant or owners of the parcel will create, cause to create, or have participated in the creation of more than four (4) parcels on contiguous property unless such parcels were created through a final map. For purposes of this section, participate shall mean having cooperated with or acted in a planning, coordinating or decision-making capacity in any formal or informal association or partnership for the purpose of dividing real property.

Prior to recommending approval of a parcel map, the city engineer shall determine that there is evidence that the applicant or owner of the parcel to be subdivided has not created, caused to be created, or participated in the creation of more than four (4) parcels on contiguous property unless such parcels were created through a final map. The city engineer shall require documentation including but not limited to true copies of escrow instructions, grant deeds and offers to purchase real property to substantiate this finding. The city engineer may also require such statements under oath that the applicant or owner has acquired the parcel through a legitimate arms-length transaction. Such statements shall cover matters such as adequacy of consideration for the transaction, whether the transfer was to a close relative or business associate, the retention of control or financial interest in the transaction, or any other matter necessary to establish that the transaction is not part of a conspiracy or plan to evade the Subdivision Map Act or this chapter.

(Ord. No. 08-10, § 1)

The parcel map shall include the entire parcel of land to be divided and shall include the following information:

(1) The exact dimensions and bearings of each line within the parcel being subdivided.

(2) The exact area of each lot being created.

(3) The dimensions and area of lots within three hundred (300) feet of the perimeter of the parcel being subdivided.

(4) All improvements located on the parcel being subdivided, including existing and proposed utility services, existing and proposed drainage and proposed grading for each lot shown on the parcel map.

(Ord. No. 08-10, § 1)

No parcel map shall be approved that does not provide for access from a street that is dedicated and improved to city standards.

(1) Streets that are proposed on a boundary of a subdivision shall provide for dedication and improvement to a minimum of thirty-two (32) feet of paving or forty-four (44) feet of right of way. In the event that the offer of dedication is to be accepted prior to approval of the parcel map, a one (1) foot strip of land extending along the outer edge of the dedicated right-of-way, over which access rights are relinquished, may be required to be offered to the city.

(2) Offers of dedication for streets which will be accepted before approval of the parcel map and streets that are proposed to be terminated at the boundary of a subdivision may be required to include a one (1) foot-wide strip of land extending across the street at its point of termination at said boundary, over which access rights are relinquished. Said strip shall be a part of the adjacent lots.

(3) All easements required for public utilities and drainage ways shall be offered for dedication according to the procedures described in this chapter when such offers of dedication are necessary to serve the subdivision and/or are a reasonable and logical extension of such facilities that exist in the vicinity.

(4) All utility easements that are acquired after the approval of the parcel map shall be subordinated to any public dedication which are required as a condition of said approval with the exception of major transmission facilities, mains or line; as determined by the city engineer.

(Ord. No. 08-10, § 1)

(a) All dedications or offers of dedication within the boundary of the parcel map shall be made by certificate on the parcel map. Any such dedication or offer of dedication shall be free of any burden or encumbrance that would interfere with the purposes for which the dedication or offer of dedication is required.

Dedications or offers of dedication within the boundary of a parcel map may be made by separate instrument when the city engineer determines that such dedications or offers of dedication are not appropriate on the parcel map.

(b) All dedications or offers of dedication outside the boundary of the parcel map shall be made by separate instrument which shall be recorded prior to filing of the parcel map and shall be included in the parcel map report. An offer of dedication shall be in a form as to be binding on the owners, their heirs, assigns or successors in interest; and such offer shall continue until it is accepted or a summary vacation pursuant to division 9 part 3, chapter 4 (commencing with section 8330) of the Streets and Highways Code has been completed. Any such dedication or offer of dedication shall be free of any burden or encumbrance that would interfere with the purposes for which the dedication or offer of dedication is required.

(c) Easements for public utilities may be dedicated to and accepted by a public utility by certificate on the parcel map.

(Ord. No. 08-10, § 1)

(a) The parcel map shall contain a certificate, to be executed by the city, that the city has accepted subject to improvement or rejected any real property offered for dedication as right-of-way for road purposes or any other public purpose, in conformity with the terms of the offer of dedication.

(b) Whenever drainage or flowage easements or access to drainage facilities are dedicated or offered for dedication, the parcel map shall contain a certificate, to be executed by the city, that the city has accepted subject to improvement or rejected any real property offered for dedication.

(c) If any streets, paths, alleys, drainage easements, access to drainage facilities or any other offers of dedication are rejected by the city at the time a parcel map is recorded, the offer of dedication shall remain open and the city may, by resolution, at any later date, and without further action by the subdivider, rescind the action rejecting the offer of dedication and accept and open the streets, paths, alleys, drainage easements, access to drainage facilities or any other offers of dedication for public use. The resolution accepting the offer of dedication shall be recorded in the office of the county recorder.

(Ord. No. 08-10, § 1)

A parcel map report, from a qualified title insurance company, that includes all appurtenant access easements shall be submitted with each parcel map. When the city engineer has reviewed the parcel map and parcel map report and is satisfied that the boundary and survey procedure is technically correct as shown on the parcel map, a parcel map guarantee, from a qualified title insurance company, that includes a legal description of the property which agrees with the parcel map shall be submitted to the city engineer.

The parcel map guarantee shall ensure that the parties named therein are the only parties having any record title interest in the land being subdivided and that all record easements upon the property are included therein. Said easements shall be shown on the parcel map as directed by the city engineer. Every parcel map submitted to the city engineer shall state the name of the title company and the order number of the parcel map guarantee.

(Ord. No. 08-10, § 1)

Prior to the approval of a parcel map the subdivider shall accomplish the following to the satisfaction of the city engineer:

(1) Improve or agree to improve all street right-of-way offered by the subdivider and accepted by the city.

(2) Install or agree to install all other improvements including, but not limited to sewer, water, fire protection, drainage and flood-control improvements required by the tentative map.

(3) Provide evidence that potable water is available to serve each lot.

(4) Provide evidence that adequate water supply is available to each required fire hydrant.

(5) Provide evidence that sewer lines and sewage treatment capacity adequate to serve each lot is available for each lot.

(Ord. No. 08-10, § 1)

Whenever improvements are required to be constructed, the subdivider shall either construct such improvements or enter into a secured agreement with the city to construct such improvements prior to any subsequent issuance of a permit or other grant of approval for development of the parcels created. Notice of any agreement to construct improvements shall be placed on the parcel map.

(Ord. No. 08-10, § 1)

If the subdivider enters into an agreement to construct improvements, the subdivider shall provide improvement security as prescribed in section 24-61 of this chapter sufficient to guarantee construction of the required improvements. The subdivider shall prepare and submit detailed plans and specifications of the improvements to be constructed. Such plans and specifications shall be a part of the secured agreement.

(Ord. No. 08-10, § 1)

Upon satisfactory completion of the improvements as noted on the parcel map, a request shall be made to have the city file a release of improvements. The subdivider shall request the release and provide satisfactory evidence that the improvements have been completed. Recordation of this release shall serve as evidence that the improvements have been completed and allow the issuance of building or other development permits.

(Ord. No. 08-10, § 1)

Every parcel map shall have monuments set by a licensed surveyor or registered civil engineer in accordance with section 24-63 of this chapter.

(Ord. No. 08-10, § 1)

All parcel maps shall be submitted to the city engineer for review and approval prior to filing with the county recorder. The owner's certificate and subdivision guarantee, as well as the recording fee, shall be furnished to the city engineer.

(Ord. No. 08-10, § 1)

Upon approval by the city engineer, the parcel map shall be filed for recordation with the county recorder. The applicant shall file ten (10) copies of the recorded parcel map with the city engineer.

(Ord. No. 08-10, § 1)

After the recording of the map, all side yard, front yard and other area and setback requirements of this Code shall be computed from the new lot lines established on the map.

(Ord. No. 08-10, § 1)

A building permit shall not be issued for any parcel of land created by contract or other process which has not also complied with the final or parcel map procedures set forth herein.

(Ord. No. 08-10, § 1)