Huron Municipal Code Ch. 16.24 Parcel Maps

A. Governing Provisions. The design, improvement and survey data for divisions of land requiring parcel maps and/or tentative parcel maps, and the procedure to be followed in securing official approval for said maps, shall be governed by the provisions of the Subdivision Map Act and by the provision of this title.

B. Applicability. A parcel map shall be filed and recorded for any subdivision for which a tentative and final map is not required by the Subdivision Map Act, except where the requirement for a parcel map is waived as provided by Section 16.24.030, and except for subdivisions created by short term leases (terminable by either party on not more than thirty (30) days notice in writing) of a portion of an operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code or for land conveyed to or from a governmental agency, public entity or public utility, or to a subsidiary of a public utility for conveyance to such public utility for rights-of-way; provided, however, that upon a showing made to the planning commission based upon substantial evidence that public policy necessitates such a map, this exception shall not apply.

(Ord. 194 § 701, 1983)

A. Filing. The provisions of Chapter 16.16 shall govern the filing of tentative parcel maps.

B. Application Form. Application for the approval of a tentative parcel map shall be made upon the form provided by the secretary of the planning commission. The application shall contain the following information:

1. A legal description of the whole parcel proposed to be divided;

2. Existing use of the parcel to be divided;

3. The proposed use of the parcels to be created;

4. The existing and proposed zoning on the parcel to be divided;

5. The source of domestic water supply and the proposed method of sewage disposal;

6. Name, address and telephone number of the applicant and owners;

7. Certification by the owner that he or she is the owner of the property on the map as proposed for subdivision, has examined the map and consents to its submission;

8. A preliminary title report describing the status of all interests in the parcel to be divided shall be attached thereto.

(Ord. 194 § 702, 1983)

A. Application. A subdivider may, at the time of filing of a tentative parcel map, file a request for waiver of the requirement for a parcel map. Such a request shall be filed with the secretary of the planning commission in the form of an application therefore furnished by the City.

B. Finding Required. The city council shall waive the requirement for the filing of a parcel map if, after consideration of the tentative parcel map, information submitted therewith, the report of the planning commission, and any such investigation as the commission may determine necessary for the purposes of making its decision, it finds that all of the following conditions have been met:

1. That the subdivider has complied with the provisions of Section 16.24.020(B);

2. That adequate monuments exist in the field which appear of record in the office of the county recorder to permit the retracement of boundaries for each parcel to be created;

3. That no dedications of right-of-way or easements are offered or required;

4. That all onsite and offsite improvements as required for parcel maps by Section 16.24.050 have been completed;

5. That the proposed division of land complies with requirements as to area, design, floodwater drainage control, sanitary disposal facilities, water supply availability, environmental protection and other requirements of the Subdivision Map Act and this chapter.

C. Waiver Certificates. The instrument evidencing the city council's waiving the requirement for a parcel map shall be known as a waiver certificate which shall be prepared by the subdivider and shall consist of the following form, matters and attachments:

1. A description of the boundary of the property proposed to be subdivided;

2. A property plat map prepared by or under the direction of a registered civil engineer or licensed land surveyor and legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black;

3. The location of all division lines and the exterior boundary of the land included within the subdivision shall be indicated by distinctive lines and clearly so designated;

4. The map shall be signed and sealed by the registered civil engineer or licensed land surveyor;

5. A certificate shall be signed and acknowledged by the parties having record title interest, consenting to the preparation and recordation of the waiver certificate;

6. The size of each sheet shall be eight and one-half (8½) by eleven (11) or thirteen (13) inches. An entirely blank margin of two (2) inches shall be left at the top of each sheet.

D. Filing of Waiver Certificate.

1. The waiver certificate shall be submitted to the city clerk for his or her examination prior to filing, together with all necessary fees for the recordation of the waiver certificate and evidence that all fees as hereinafter required have been paid. The city clerk shall examine the certificate of waiver, and if he or she finds the same to be substantially in the form required by this chapter, and in conformity with the conditions imposed by the city council in connection with the approval of the tentative parcel map, he or she shall accept the same for filing and shall then transmit the same to the city engineer, except where the requirement for a parcel map is waived by local ordinance, a tentative map may be required.

2. Within twenty (20) days after receiving the waiver certificate or with such additional time as may be reasonably necessary, the city engineer shall determine whether the waiver certificate is technically correct and conforms with the approved tentative parcel map. If approved, he or she shall so certify upon the waiver certificate.

3. After affixing his or her signature upon the waiver certificate, the city engineer shall deliver the certificate to the city clerk who shall present the certificate to the county recorder for filing. When the certificate is presented to the county recorder and is accepted by him or her, he or she shall file and index the same in the official records of the County.

E. Waiver of the parcel map shall not preclude the payment of fees as provided by Section 16.40.010. Said fees shall be calculated in the same manner as though a parcel map had been required and shall be paid prior to the filing of the waiver certificate with the city clerk.

(Ord. 194 § 703, 1983)

A. Map Validity. No subdivision that is governed by the provisions of this title shall be deemed valid until and unless it conforms to the applicable provisions of this title and has been so certified by the city clerk and referred to and filed with the county recorder.

B. Proceedings Termination.

1. An approved or conditionally approved tentative parcel map shall expire twenty-four (24) months after its approval or conditional approval, or after such additional period of time not to exceed an additional twelve (12) months.

2. The expiration of the approved or conditionally approved tentative parcel map shall terminate all proceedings and no parcel map of all or any portion of the real property included within such tentative parcel map shall be filed with the city council pursuant to Section 66457 of the subdivision map act without first processing a new tentative parcel map.

3. Upon application of the subdivider, filed prior to the expiration of the approved or conditionally approved tentative parcel map, the time at which the map expires may be extended for a period not exceeding a total of three (3) years.

C. Parcel Map Withdrawal.

1. In the event the applicant wishes to terminate his or her application prior to the recordation of the parcel map, he or she shall transmit his or her request in writing to the secretary of the planning commission. Where an agreement to construct improvements has been executed, the city council may release the applicant from his or her agreement to improve and release to him or her any surety bond or cash deposit which he or she may have posted upon completion of necessary abandonment proceedings;

2. In the event the parcel map has been recorded with the county recorder, a revised parcel map may be prepared in the manner prescribed in this chapter for an original parcel map, and the revised parcel map shall supersede any previous parcel map.

D. Parcel Map—Form and Content. The subdivider shall file five (5) copies of the parcel map with the city clerk not less than sixty (60) days prior to the date on which the map must be recorded. The format and content of the final map shall be as prescribed in the following provisions and the Subdivision Map Act.

1. The parcel map shall be prepared by or under direction of a registered civil engineer or licensed surveyor.

2. It shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits and acknowledgements may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

3. The size of each sheet shall be eighteen (18) by twenty-six (26) inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one (1) inch.

4. The scale of the map shall be: one (1) inch equals one hundred (100) feet; except that subdivisions with lots of two and one-half (2½) acres or greater may use a scale of one (1) inch equals two hundred (200) feet, or the city engineer may require one (1) inch equals fifty (50) feet if complexity of detail so warrants.

5. When the parcel map consists of more than two (2) sheets, a key map drawn to a scale of one (1) inch equals one thousand (1,000) feet shall be placed on sheet number one (1) indicating the relationship among all sheets. The particular number of each sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.

6. The title of each parcel map shall consist of a parcel map number conspicuously placed on the sheet followed by the words "consisting of ... sheets" (showing the number thereof) followed by the words "In the City of Huron". There shall appear a description of all the property being subdivided, by reference to such map or maps of the property shown thereon as previously recorded or filed with the county recorder pursuant to a final judgement in any action in partition, or previously filed in the office of the county recorder under authority of Chapter 3, Part 2 of Division 4 of the Business and Professions Code, or by reference to the plat of any United State Survey. Each reference, in such description, to any tract or subdivision shall be spelled out and worded identically with the original records thereof and must show a complete reference to the book and page of records of the county recorder. The description shall also include reference to any abandonment with the date, book and page of records of the county recorder.

7. All survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing thereon shall be shown, including bearings and distances of straight lines, and radii and arc length or chord bearings and length of all curves, and such information as may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries.

8. Each street shall be named.

9. The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. The map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys. The location of a designated remainder parcel shall be indicated, but need not be indicated as a matter of survey but only by deed reference to the existing boundaries of such remainder if such remainder has a gross area of five (5) acres or more.

10. A lot shall be shown in its entirety on one (1) sheet. The parcel map shall particularly define, delineate and designate all parcels intended to be reserved for private purposes, all parcels offered for dedication for any purpose, and any private roads, with all dimensions, boundaries and courses clearly shown and defined in every case. Parcels offered for dedication other than for roads, alleys, pedestrian walkways, water lots or easements shall be designated. The parcels shall be numbered consecutively and shall continue without omission or duplication throughout the entire subdivision. Each parcel containing an area of one (1) acre or more, excluding public easements of record, shall have designated thereon the net acreage of such lot shown not less accurately than to the nearest one-hundredth ( 1/100 ) of an acre.

11. The map shall conform to any additional survey and map requirements of local ordinances.

12. When a soils report, geologic report or soils and geologic report has been prepared specifically for the subdivision, each report shall be kept on file for public inspection by the City or County having jurisdiction.

13. Whenever a certificate or acknowledgment is made by separate instrument, there shall appear on the final map a reference to the separately recorded document. This reference shall be completed by the county recorder.

14. A certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the final map is required, except as follows:

a. Neither a lien for State, County, municipal or local taxes, nor for special assessments, nor a trust interest under bond indentures, nor mechanics' liens constitute a record title interest in land for the purpose of this title.

b. The signature of either the holder of beneficial interests under trust deeds or the trustee under such trust deeds, but not both, may be omitted. The signature of either shall constitute a full and complete subordination of the lien of the deed of trust to the map and any interest created by the map.

c. Signatures of parties owning the following types of interests may be omitted if their names and the nature of their respective interests are stated on the final map:

i. Rights-of-way, easements or other interests which cannot ripen into a fee, except those owned by a public entity, public utility, or subsidiary of a public utility for conveyance to such public utility for rights-of-way. If, however, the city council or planning commission determines that division and development of the property in the manner set forth on the approved or conditionally approved tentative parcel map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement, the signature of such public entity or public utility may be omitted. Where such determination is made, the subdivider shall send, by certified mail, a sketch of the proposed final map, together with a copy of this section, to any public entity or public utility which has previously acquired a right-of-way easement.

If the public entity or utility objects to either: (i) recording the final map without its signature; or (ii) the determination of the city council or planning commission that the division and development of the property will not unreasonably interfere with the full and complete exercise of its right-of-way or easement, it shall so notify the subdivider and the city council or planning commission within thirty (30) days after receipt of the materials from the subdivider.

If the public entity or utility objects to recording the final map without its signature, the public entity or utility so objecting may affix its signature to the final map within thirty (30) days of filing its objection with the city council or planning commission.

If the public entity or utility either does not file an objection with the city council or planning commission; or fails to affix its signature within thirty (30) days of filing its objection, to recording the map without its signature, the city may record the final map without such signature.

If the public entity or utility files an objection to the determination of the city council or planning commission that the division and development of the property will not unreasonably interfere with the exercise of its right-of-way or easement, the city council or planning commission shall set the matter for public hearing to be held not less than ten (10) nor more than thirty (30) days of receipt of the objection. At such hearing, the public entity or public utility shall present evidence in support of its position that the division and development of the property will unreasonably interfere with the free and complete exercise of the objector's right-of-way or easement.

If the city council or planning commission finds, following such hearing, that the development and division will in fact unreasonably interfere with the free and complete exercise of the objector's right-of-way easement, it shall set forth those conditions whereby such unreasonable interference will be eliminated and upon compliance with such conditions by the subdivider, the final map may be recorded with or without the signature of the objector. If the city council or planning commission finds that the development and division will in fact not unreasonably interfere with the free and complete exercise of the objector's right-of-way or easement, the final map may be recorded without the signature of the objector, notwithstanding its objections thereto.

Failure of the public entity or public utility to file an objection pursuant to this section shall in no way affect its rights under a right-of-way easement.

ii. Rights-of-way, easements or reversions, which by reason of changed conditions, long disuse or laches appear to be no longer of practical use or value and signatures are impossible or impractical to obtain. A statement of the circumstances preventing the procurement of the signatures shall also be stated on the map.

iii. Interests in or rights to minerals, including but not limited to oil, gas or other hydrocarbon substances.

d. Real property originally patented by the United States or by the State of California, which original patent reserved interest to either or both of such entities, may be included in the final map without the consent of the United States or the State of California thereto or to dedications made thereon.

15. A certificate for the city clerk shall be required where dedications are offered and shall certify the action of the city council to accept or reject the proposed dedications.

16. Evidence of title, acceptable to the county recorder, shall be secured from a title company indicating that, as shown by public records, the parties whose signatures appear on the map and consent to the recordation of the map are all the parties having a record title interest in the land being subdivided whose signatures are required by the Subdivision Map Act.

E. Survey Data Requirements for Parcel Maps.

1. The survey data requirements for parcel maps shall be the same as the requirements prescribed for final subdivision maps in this title.

2. A parcel map may be compiled from available record or filed data when 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. If there is not sufficient survey information on filed maps and when the location of the boundary of the parcel map is uncertain, a field survey shall be made.

F. Examination of Parcel Map—City Clerk. The city clerk shall examine the parcel map, and if he or she finds the same to be substantially in the form required by this title, and in conformity with conditions imposed by the city council in connection with the approval of the tentative parcel map, he or she shall accept the same for filing and shall then transmit the same to the city engineer.

G. Examination of Parcel Map—City Engineer. The city engineer shall examine the parcel map and it shall be certified by him or her if he or she shall find that such map is substantially the same as the approved tentative parcel map and that the map is technically correct and in proper form as required by this title and the Subdivision Map Act. Review of the parcel map shall be completed by the city engineer within twenty (20) days after receiving the map or within such additional time as may be reasonably necessary.

H. Verification of Improvements. If the subdivider states that the required improvements, if there be any, or any part of them have been completed, they shall be inspected by the city engineer, or any other City officer designated for such purposes by the council, and if the same have been completed in conformity with the requirements of the city council and applicable provisions of this title, he or she shall certify such fact on the parcel map or attach a certificate thereto so showing. If any of the improvements have not been properly completed, he or she shall attach his or her report thereof to the map.

I. Completion of Improvements or Agreement Therefore.

1. Requirements for the construction of offsite and onsite improvements shall be noticed by certificate on the parcel map, or by separate instrument and shall be recorded on, concurrently with, or prior to the parcel map being filed for record.

2. Fulfillment of such construction requirements shall not be required until such time as a permit or other grant of approval for development of the parcel is issued by the City or until such time as the construction of such improvements is required pursuant to an agreement between the subdivider and the City, except that in the absence of such an agreement, the City may require fulfillment of such construction requirements within a reasonable time following approval of the parcel map and prior to the issuance of a permit or other grant of approval for the development of a parcel upon a finding by the city council that fulfillment of the construction requirements is necessary for reasons of: (1) the public health and safety; or (2) the required construction is a necessary prerequisite to the orderly development of the surrounding area. Such findings and requirement shall be made at the time of approval of the tentative parcel map, and the requirement shall be made a condition of approval thereof.

3. Agreements as to the time for the construction of required improvements as provided above may be entered into by mutual agreement of City and the subdivider. Such agreements shall be approved by the city council at the time of approval of the tentative parcel map.

4. Conditions of approval requiring improvements by a time specific and agreements as to the time for the construction of required improvements shall be accompanied by security to guarantee performance as provided in Chapter 16.48.

J. Consistency with Local Plans. The City shall not approve a tentative map, or a parcel map for which a tentative parcel map was not required, unless the city council finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan required by Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of the Subdivision Map Act or any specific plan adopted pursuant to Article 8 (commencing with Section 65450) of Chapter 3 of Division 1 of the Subdivision Map Act.

A proposed subdivision shall be consistent with a general plan or a specific plan if the City has officially adopted such a plan and the proposed subdivision or land use is compatible with the objectives, policies, general land uses and programs specified in such a plan.

K. Map Denial. The City shall deny approval of a tentative parcel map or a parcel map for which a tentative parcel map was not required when it makes any of the following findings:

1. That the proposed map is not consistent with applicable general or specific plans;

2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;

3. That the site is not physically suitable for the type of development;

4. That the site is not physically suitable for the proposed density of development;

5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

6. That the design of the subdivision or type of improvements is likely to cause serious public health problems;

7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The city council may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is granted to the city council to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

The city council will not deny approval of a final parcel map if it has previously approved a tentative parcel map for the proposed subdivision and if it finds that the final parcel map is in substantial compliance with the previously approved tentative parcel map.

L. Final Certification. When the city clerk finds that the parcel map is substantially in the form required by this chapter, as in conformity with the conditions imposed by the council in connection with the approval of the tentative parcel map, that, where required, the agreement and security respecting improvements have been approved and filed, and that all certificates of approval herein required have been made, he or she shall endorse on such map the final certification thereof.

M. Acceptance of Dedications.

1. If at the time the final map is approved, any streets, paths, alleys, public utility easements, right-of-way for local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items, which directly benefit the residents of a subdivision, or storm drainage easements are rejected, subject to Section 771.010 of the Code of Civil Procedure, the offer of dedication shall remain open and the city council may by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, paths, alleys, rights-of-way for local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items, which directly benefit the residents of a subdivision, or storm drainage easements for public use, which acceptance shall be recorded in the office of the county recorder.

2. In the case of any subdivision fronting upon the ocean coastline or bay shoreline, the offer of dedication of public access route or routes from public highways to land below the ordinary high watermark shall be accepted within three (3) years after the approval of the final map; in the case of any subdivision fronting upon any public waterway, river or stream, the offer of dedication of public access route or routes from public highways to the bank of the waterway, river or stream and the public easement along a portion of the bank of the waterway, river or stream shall be accepted within three (3) years after the approval of the final map; in the case of any subdivision fronting upon any lake or reservoir which is owned in part or entirely by any public agency, including the State, the offer of dedication of public access route or routes from public highways to any water of such lake or reservoir shall be accepted within five (5) years after the approval of the final map; all other offers of dedication may be accepted at any time.

3. Offers of dedication which are covered by subdivision A may be terminated and abandoned in the same manner as prescribed for the summary vacation of streets by Part 3 (commencing with Section 8300) of Division 9 of the Streets and Highways Code.

4. Offers of dedication which are not accepted within the time limits specified in subsection M(2) of this section shall be deemed abandoned.

5. If a resubdivision or reversion to acreage of the tract is subsequently filed for approval, any offer of dedication previously rejected shall be deemed to be terminated upon the approval of the map by the city council.

N. Security. The security furnished by the subdivider may be released in whole or in part in the following manner:

1. Security given for faithful performance of any act or agreement may be released upon the performance of the act or final completion and acceptance of the required work or the city council may provide for the partial release of the security upon the partial performance of the act or the acceptance of the work as it progresses, under rules established by the city council.

2. Security securing the payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment may, after passage of the time within which claims of lien are required to be recorded pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division 3 of the Civil Code and after acceptance of the work; be reduced to an amount not less than the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the city council, and if no such claims have been recorded, the security may be released in full.

Such release shall not apply to any required guarantee and warranty period nor to the amount of the security deemed necessary by the City for such guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees.

The city council may authorize any of its public officers or employees to authorize release or reduction of the security in accordance with such rules as it may prescribe.

O. Recordation of Parcel Maps. Upon final certification and acceptance or rejection of dedications, the city clerk shall deliver the map to the county recorder for recordation.

Whenever separate documents are to be recorded concurrently with the final parcel map pursuant to Section 66435.1 or 66445 of the Subdivision Map Act, the county recorder shall complete the cross-reference to such concurrently recorded separate documents.

(Ord. 194 § 704, 1983)

All divisions of land shall be designed and improvements thereon constructed and dedications therefrom required as in the case of subdivisions as provided in Chapter 16.04.

(Ord. 194 § 705, 1983)

Fees required for the filing, or as a condition of the recordation of a final parcel map, are governed by the provisions of Chapter 16.32.

(Ord. 194 § 706, 1983)