Ione Municipal Code Ch. 16.30 Parcel Maps

The regulations contained in this chapter shall apply to subdivisions for which a parcel map is required by the Subdivision Map Act or this title.

(Ord. No. 431, § 2, 2-2-2010)

Before land may be divided by a parcel map, a tentative map shall be submitted pursuant to Chapter 16.26.

(Ord. No. 431, § 2, 2-2-2010)

Within 36 months of the date of approval or conditional approval of a tentative map, the subdivider may cause a parcel map to be prepared and recorded in accordance with the tentative map as approved and in accordance with the provisions of this chapter and the Subdivision Map Act.

(Ord. No. 431, § 2, 2-2-2010)

Failure to record a parcel map within 36 months of the date of approval or conditional approval of a tentative map, or within any extended period of time granted by the city planner in accordance with Section 16.26.150 of this title, shall terminate all proceedings. Before a parcel map may be thereafter recorded, a new tentative map shall be filed in accordance with this title.

(Ord. No. 431, § 2, 2-2-2010)

The parcel map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor and shall conform to the requirements of the Subdivision Map Act and to all of the following provisions:

A. The general form and layout of the map, including but not limited to the size and type of lettering, drafting and location of acknowledgements, shall be determined by the city engineer.

B. The scale of the map shall be one inch equals 40 feet or as otherwise permitted by the city engineer, but in any case the map shall show clearly all details of the subdivision.

C. All dimensions shall be shown in feet and hundredths of a foot. No ditto marks shall be used.

D. If more than three sheets are necessary to show the entire subdivision, an index map shall be included on one of the sheets.

E. The parcel map number, scale and north point shall be shown on each appropriate sheet.

F. A title sheet, designated as page number one of the parcel map, shall be provided; except that, where the size of the subdivision permits, in lieu of a separate title sheet, the information required to be shown thereon may be shown on the same sheet as the map of the subdivision.

G. The parcel map shall be so made and shall be in such condition when filed that legible prints and negatives can be made therefrom

(Ord. No. 431, § 2, 2-2-2010)

The title sheet shall contain the following information:

A. Title, consisting of the words "parcel map" and followed by the parcel map name, if any, conspicuously placed at the top of the sheet.

B. Below the title shall be subtitle consisting of a description of all property being subdivided by reference to such map or maps of the property shown thereon as shall have been last previously recorded or filed in the county recorder's office, or shall have been last previously filed with the county clerk pursuant to a final judgment in any action in partition, or shall have been previously filed in the office of the county recorder under authority of the Subdivision Map Act or by reference to the plat of any United States survey. The description shall also include reference to any vacated area with the number of the ordinance vacating said area, followed by the words "City of Ione, California," followed by the month and year of recording.

References to tracts and subdivisions in the description must be worded identically with original records and references to book and page of record must be complete.

C. Following the description shall be the name of the engineer or surveyor preparing the map and the sheet numbering.

D. Affidavits, certificates, acknowledgments, endorsements, acceptances, and notarial seals required or authorized by the Subdivision Map Act and by these regulations. The surveyor's statement, city engineer's statement, city clerk's statement, and recorder's statement shall be shown on sheet 1.

E. Where a field survey is required, the basis of bearings used in the survey, making reference to some recorded subdivision map or other record acceptable to the city engineer.

(Ord. No. 431, § 2, 2-2-2010)

The parcel map shall substantially conform to the tentative map approved or conditionally approved by the designated approving authority (including all approved modifications) and shall contain the following information and such additional information as stated in Section 16.28.060, information on final map, of this title, as may be required by the city engineer:

A. The boundary line of the subdivision shall be designated by a bold border inside the boundary line. Such border shall be of such density to appear on a blue line print of the map without obliterating any figures, lines, or other data.

B. Where a field survey is required, all survey data and information required by Section 16.42.130, survey data and information to be shown on final map or parcel map, of this title.

C. All lots or parcels intended for sale or reserved for private purposes with all dimensions, boundaries and courses clearly shown and defined in each case.

D. Each parcel shall be identified by a number.

E. The location and width of streets, alleys, pedestrian ways, and other easements and the portions thereof dedicated or offered for dedication to the city, including their recording references; the names of streets.

F. The lines of public easements to which the lots are subject shown in fine, dashed lines; the lines, bearings and dimensions of easements deeded to the city.

G. All street rights-of-way and public easements proposed for abandonment with the final map pursuant to Government Code Section 66499.201/2 shall be clearly shown, or clearly listed on the map in cases where the specific location of the easement cannot be determined. such abandonments shall be listed in the public notice required under Section 16.26.080 of this title.

H. All limitations on rights of access to and from streets and lots and other parcels of land.

(Ord. No. 431, § 2, 2-2-2010)

The following statements, filing fees, documents and other data, and as many additional copies thereof as may be required, shall be filed with the parcel map:

A. The names, addresses and telephone numbers of the record owners, subdivider and persons preparing the parcel map.

B. A filing fee as established by resolution of the city council.

C. An irrevocable offer of dedication of property for streets, alleys, pedestrian ways, equestrian or hiking trails, biking paths, drainage channels, sewers, other easements or for any public purpose or future public purpose when the dedication is not made by certificate on the parcel map. The offer shall be on a form approved by the city attorney and the city engineer for recordation in the office of the county recorder, and shall be in such terms as to be binding on the owner, his or her heirs, assigns or successors in interest, and shall continue until the city council accepts or rejects such offer.

D. A guarantee of title or letter from a title company doing business in the city, approved by the city engineer certifying that the signatures of all persons signing offers of dedication and the certificate required by subdivision (f) of Section 66445 of the Subdivision Map Act and signing all acknowledgments thereto appear and are correctly shown.

E. Where a field survey has been made, the engineer or surveyor under whose supervision the survey was made shall furnish the city engineer with a traverse sheet in a form approved by the city engineer giving latitudes, departures and coordinates and showing the mathematical closure.

F. The plans, profiles, cross sections, specifications, and applicable permits for the construction and installation of improvements as required by Chapter 16.44, improvements, of this title.

G. A Final Grading Plan. Submission of a final grading plan may be waived by the city engineer when he or she determines that the submission of said plan is not required for proper grading, flood hazard mitigation and erosion control of the subdivision.

H. The agreement to make improvements and the security for such improvements as required by Chapter 16.44, improvements, of this title.

I. All protective covenants, conditions, restrictions or affirmative obligations in the form in which the same are to be recorded when the approval thereof by an officer of the city has been made a condition of approval of the tentative map.

J. All other data required by law or as a condition of approval of the tentative map, including plans, reports, agreements, permits, fees, security or other requirement.

(Ord. No. 431, § 2, 2-2-2010)

Where the subdivision creates four parcels or less, the parcel map may be compiled from available record data when the city engineer determines that 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.

All other parcel maps shall be based upon a field survey made in accordance with the provisions of Chapter 16.42, surveys and monuments, of these regulations.

(Ord. No. 431, § 2, 2-2-2010)

The subdivider shall cause the surveyor's statement to be executed and shall file with the city engineer as many prints of the original tracing of the parcel map as may be required. A parcel map shall not be considered as having been filed unless and until it complies with all provisions of this chapter and the statements, filing fees, documents, and other data required to accompany the parcel map have been submitted in a form acceptable to the city engineer.

Where offers of dedications of land are to be made in conjunction with the parcel map and are not made by statement on the parcel map, the subdivider shall transmit the instrument of dedication and the accompanying title report to the city engineer. Said instrument shall include a plat showing the area being dedicated. In such cases, the parcel map shall not be considered as having been filed unless and until the offer of dedication has been approved for recordation as provided in Section 16.30.110 of this chapter.

(Ord. No. 431, § 2, 2-2-2010)

When completed outside of a dedication on a map, dedications may be required to be made by separate instrument. After receiving the instrument of dedication and accompanying title report, the city engineer shall approve or disapprove the instrument of dedication as to its suitability for recordation. After approving an offer to dedicate, the city engineer shall record the offer in the office of the county recorder.

If said offer of dedication is subsequently rejected by the council, the city engineer shall issue a release from such offer, which shall be recorded in the office of the county recorder.

(Ord. No. 431, § 2, 2-2-2010)

Upon acceptance of the parcel map and accompanying documents, offers of dedication, offers of deed, offers of easement, fees, and materials for filing, the city engineer shall cause the same to be examined, and if found to be in substantial conformity with the approved tentative map and all amendments, conditions, modifications and provisions made or required by the designated approving authority, and if found to be complete, technically correct, in conformity with improvement plans and specifications, and in compliance with the requirements of this title, planned street lines and other applicable specific plans and ordinance, shall forward the same to the city council for review and action within 30 days of being determined to be a complete application.

Should the map or other accompanying documents, fees, or materials be found to be incomplete or incorrect in any respect, the subdivider shall be advised in writing, by mail, of the changes or additions that must be made before the map may be certified. If the defect is the result of a technical and inadvertent error which, in the opinion of the city engineer does not materially affect the validity of the map, the city engineer may waive the defect and forward to the city council.

The city engineer may recommend against approval of the recording a portion of a parcel map when, in the process of checking the parcel map he determines that said portion does not by itself provide adequate or satisfactory access, design, or improvements and therefore does not conform to the design and improvement of the subdivision as indicated by the approved tentative map.

(Ord. No. 431, § 2, 2-2-2010)

The city council shall consider all parcel maps where offers of dedication, deed, and/or easements to the city are shown on the map. The city council shall accept, accept subject to improvement, or reject any or all offers of dedication in conformance with the approvals for the tentative map and the provisions of this title and the Subdivision Map Act. No public hearing shall be required and no public notice shall be required for review, consideration, and action by the city council on a parcel map, offers of dedication, deed, and easement, or improvement agreement. For parcel maps where no dedications to the city are required and no public improvements are required, the map can be signed by the city engineer and other appropriate city staff, as may be required.

If improvements required under the terms of this title or as a condition of approval have not been completed, the city council shall provide for such improvements by approving a subdivision improvement agreement. No parcel map shall be certified until the required improvements have been installed or agreed to be installed in accordance with Chapter 16.44, Improvements, of this title.

The city engineer shall execute the city engineer's certificate on the parcel map within ten days following approval by the city council for maps that include offers of dedication. For maps that have no dedications, the city engineer shall execute the city engineer's certificate on the map within ten days following receipt of the map once the map has been reviewed and deemed complete by the city engineer's office. The city manager is authorized to execute subdivision improvement agreements, as permitted by Government Code Section 66462(d), in accordance with the city's standard subdivision agreement that has been approved as to form by the city attorney.

As permitted by Government Code Section 66458(d), the city may accept, accept subject to improvement, or reject dedications and offers of dedications that are made by a statement on the map.

(Ord. No. 455, § 13, 12-6-2011; Ord. No. 431, § 2, 2-2-2010)

A. Generally. The designated approving authority for tentative map approval may waive the requirements for the recordation of a final parcel map in any case when the land being divided consists of a lot or parcels shown on a recorded parcel map or final subdivision map and the full street improvements have been constructed or monumentation is evident or where each of the lots has a gross acreage of 40 acres or more or each of which is a quarter-quarter section or larger. The designated approving authority may grant the waiver and will issue a certificate of compliance if:

1. The subdivider files an application with the city planner, including any fees required, verifying the existence of monumentation in the installation of street improvements;

2. The application contains a legal description for each of the lots to be created; and

3. The designated approving authority finds that the proposed division of land complies with requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and other requirements of this title.

B. Waiver of Parcel Maps for Condominiums.

1. The designated approving authority may waive the requirements for a tentative or parcel map imposed by the Subdivision Map Act for the construction of a residential condominium project on a single lawful parcel. The city engineer may waive the requirements for a tentative or parcel map imposed by the Subdivision Map Act for the construction of a commercial or industrial condominium project on a single lawful parcel.

2. Process. The procedure for determining whether such a waiver for a residential condominium is appropriate shall be initiated by an application for waiver filed with the city planner. An application for waiver for a commercial or industrial condominium shall be initiated by an application for waiver filed with the city engineer.

3. The application shall contain a legal description for the single lawful parcel and a description of the proposed condominium project. If an application for waiver on a residential condominium project is filed contemporaneously with an application to adopt or amend a specific plan, then the application for waiver shall be first considered by the planning commission at a public hearing. After this hearing, the planning commission shall provide a written recommendation to the city council which shall make the final determination on the application. All other applications for waiver on a residential condominium project shall be considered by the designated approving authority at a public hearing, and the designated approving authority shall make the final determination on these applications for waiver.

4. Applications for waiver of tentative or parcel maps on a commercial or industrial condominium project on a single lawful parcel shall be considered and granted or denied by the city engineer.

5. No applications for a waiver of the requirement for a tentative or parcel map for the construction of a condominium project on a single lawful parcel shall be granted unless it is found that the proposed division of land complies with the requirements of the Subdivision Map Act and the Ione Municipal Code as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act and the Ione Municipal Code.

(Ord. No. 431, § 2, 2-2-2010)

Multiple parcel maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if the tentative map indicated that multiple final maps would be filed.

The filing of a parcel map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of such tentative map. Each parcel map which constitutes a part, or unit, of the approved or conditionally approved tentative map shall have a separate subdivision number. Unless specific timing thresholds are set forth in the conditions of approval, the city engineer and city planner shall determine the improvements required and conditions that must be satisfied in conjunction with a given final map phase to ensure a logical and orderly development of the whole subdivision, the subdivision improvement agreement executed by the subdivider for that map phase shall provide for the design and construction of all such required improvements.

(Ord. No. 431, § 2, 2-2-2010)