Chapter 17.98 — PARCEL MAPS AND FINAL MAPS

This Chapter establishes requirements for the preparation, filing, approval and recordation of Parcel and Final Maps, consistent with the requirements of the Map Act.

As required by Section 17.90.030 (Applicability), and Section 17.96.110 (Completion of Subdivision Process), a Parcel Map shall be filed and approved to complete the subdivision process for a subdivision of four or fewer parcels, except when the requirement for a Parcel Map is waived as set forth in Section 17.98.030 (Waiver of Parcel Map). A Parcel Map shall be prepared, filed and processed as set forth in Section 17.98.040 (Parcel Map Form and Content), Section 17.98.050 (Filing and Processing of Parcel Maps) and Section 17.98.060 (Parcel Map Approval).

A Parcel Map shall be prepared by or under the direction of a qualified, registered civil engineer or licensed land surveyor, registered or licensed by the State of California. Parcel Map submittals shall

include the application forms, and all information and other materials prepared as required by the Planning Department.

• A. Filing with the City Engineer. The Parcel Map, together with all data, information and materials required by Section 17.98.040 (Parcel Map Form and Content) above shall be submitted to the City Engineer. The Parcel Map shall be considered submitted when it is complete and complies with all applicable provisions of this Development Code and the Map Act.

• B. Review of Parcel Map. The City Engineer shall:

  1. Determine whether the parcel map complies with all applicable provisions of this Development Code and the Map Act and all conditions of approval of the Tentative Map, that the map is technically correct, and that it is in substantial compliance with the approved Tentative Map; and

  2. Obtain verification from the Planning Department that the Parcel Map conforms to the approved Tentative Map and that any conditions of approval for which that office is responsible have been completed.

If the Parcel Map does not conform as required above, the applicant shall be notified, and given the opportunity to make necessary changes and resubmit the Parcel Map, together with all required data.

After determining that the Parcel Map is technically correct and in compliance with Section 17.98.040 (Parcel Map Form and Content), and in compliance with all other applicable provisions of this article and the Development Code, the City Engineer shall execute the City Engineer's certificate on the map as required by Map Act Section 66450, and approve or deny the Parcel Map in compliance with this Section.

• A. Criteria for approval. The City Engineer shall approve the Parcel Map if it complies with all the requirements of the Map Act, all conditions of approval of the Tentative Map, all provisions of this Development Code that were applicable at the time that the Tentative Map was approved, and is in substantial compliance with the approved Tentative Map.

• B. Waiver of errors. The City Engineer may approve a Parcel Map that fails to meet any of the requirements of this Development Code or the Map Act applicable at the time of approval of the Tentative Map, when the City Engineer finds that the failure of the map is a technical or inadvertent error which, in the determination of the City Engineer does not materially affect the validity of the map.

• C. Map with dedications. If a dedication or offer of dedication is required on the Parcel Map, the City Engineer shall accept, accept subject to improvement, accept for public use without accepting responsibility for maintenance, or reject with or without prejudice any or all offers of dedication, at the same time as the City Engineer takes action to approve the Parcel Map.

• D. Map with incomplete improvements. If improvements required by this Development Code, conditions of approval or by law have not been completed at the time of approval of the Parcel Map, the subdivider shall enter into an agreement with the City as specified in Map Act Section 66462, and Section 17.108.040 (Improvement Agreements and Security), as a condition precedent to the approval of the Parcel Map.

• E. Transmittal to Recorder. After action by the City Engineer and after the required signatures and seals have been affixed, the City Clerk shall transmit the Parcel Map to County Recorder for filing, in compliance with Section 17.98.120 (Recordation of Maps).

• F. Permits prior to map recordation. In accordance with Health and Safety Code Section 19828 , the Building Official may authorize the issuance of a building permit for construction on a parcel to be created by a map prior to recordation of the Parcel Map if the Building Official finds that all conditions of the Parcel Map have been fulfilled and the map may be recorded.

• G. Appeal. A decision of the City Engineer to approve or disapprove a Parcel Map may be appealed to the City Council in compliance with Chapter 17.140 (Appeals). The hearing on the appeal shall be held within 30 days after the date of filing the appeal. The City Council shall reach its decision within 10 days following the conclusion of the hearing.

As required by Section 17.90.030 (Applicability), a Final Map shall be filed and approved to complete the subdivision process for a subdivision of five or more parcels. A Final Map shall be prepared, filed and processed as set forth in Section 17.98.080 (Final Map Form and Content), Section 17.98.090 (Filing and Processing of Final Maps) and 17.98.100 (Final Map Approval).

A Final Map shall be prepared by or under the direction of a qualified registered civil engineer or licensed land surveyor, registered or licensed by the State of California. Final Map submittals shall include the application forms, and all information and other materials prepared as required by the Department.

• A. Filing with City Engineer. The Final Map, together with all data, information and materials required by Section 17.98.080 (Final Map Form and Content) above shall be submitted to the City Engineer. The Final Map shall be considered submitted when it is complete and complies with all applicable provisions of this Development Code and the Map Act.

• B. Review of Final Map. The City Engineer shall review the Final Map and all accompanying materials, and shall:

  1. Determine whether the map and subdivision comply with all applicable provisions of this Development Code and the Map Act, including the conditions of approval of the Tentative Map, that the map is technically correct, and that it is in substantial compliance with the approved Tentative Map; and

  2. Obtain verification from the Planning Department that the Final Map conforms to the approved Tentative Map and that any conditions of approval for which that office is responsible have been completed.

If the Final Map does not conform as required above, the applicant shall be notified, and given the opportunity to make necessary changes and resubmit the Final Map, together with all required data.

• C. Multiple Final Maps. The subdivider may file multiple Final Maps on the approved Tentative Map if the subdivider either included a statement of intention with the Tentative Map or, if after the filing of the Tentative Map, the City Planner approved the request.

After determining that the Final Map is technically correct and in compliance with Section 17.98.080 (Final Map Form and Content), and in compliance with all other applicable provisions of this article and the Development Code, the City Engineer shall execute the City Engineer's certificate on the map as required by Map Act Section 66442, and approve or deny the Final Map in compliance with this Section.

• A. Criteria for approval. The City Engineer shall approve the Final Map if it complies with all the requirements of the Map Act, all conditions of approval of the Tentative Map, all provisions of this Development Code that were applicable at the time that the Tentative Map was approved, and is in substantial compliance with the approved Tentative Map.

• B. Notifcation of City Council. Prior to approval of the Final Map, the City Engineer shall notify the City Council of the City Engineer's pending action on the Final Map at its next regular meeting after the Final Map is filed with the City Engineer. The City Clerk shall provide notice of the City Engineer's pending action by attaching and posting said notice with the City Council's regular agenda and mailing such notice to any interested party who requests notice.

• C. Waiver of errors. The City Engineer may approve a Final Map that fails to meet any of the requirements of this Development Code or the Map Act applicable at the time of approval of the Tentative Map, when the City Engineer finds that the failure of the map is a technical or inadvertent error which, in the determination of the City Engineer does not materially affect the validity of the map.

• D. Map with dedications. If a dedication or offer of dedication is required on the Final Map, the City Engineer shall accept, accept subject to improvement, accept for public use without accepting responsibility for maintenance, or reject with or without prejudice any or all offers of dedication, at the same time as the City Engineer takes action to approve the Final Map.

• E. Map with incomplete improvements. If improvements required by this Development Code, conditions of approval or by law have not been completed at the time of approval of the Final Map, the subdivider shall enter into an agreement with the City as specified in Map Act Section 66462, and Section 17.108.040 (Improvement Agreements and Security), as a condition precedent to the approval of the Final Map.

• F. Transmittal to Recorder. After action by the City Engineer and after the required signatures and seals have been affixed, the City Clerk shall transmit the Final Map to County Recorder for filing, in compliance with Section 17.98.120 (Recordation of Maps).

• G. Permits prior to map recordation. In accordance with Health and Safety Code Section 19828 , the City Engineer may authorize the issuance of a building permit for construction on a parcel to be created by a map prior to recordation of the Final Map if the City Engineer finds that all conditions of the Final Map have been fulfilled and the map may be recorded.

• H. Appeal. A decision of the City Engineer to approve or disapprove a Final Map may be appealed to the City Council in compliance with Chapter 17.140 (Appeals). The hearing on the appeal shall be held within 30 days after the date of filing the appeal. The City Council shall reach its decision within 10 days following the conclusion of the hearing.

• A. At the time of filing of a Parcel or Final Map with the County Recorder, the subdivider shall present to the County Recorder evidence that, at the time of filing the map, the parties consenting to the filing are all parties having vested fee interest in the property being subdivided and are parties required to sign the certificate described in Map Act Section 66445(e).

• B. The County Recorder will review and act upon Parcel and Final Maps filed with that office as set forth in Article 6, Chapter 3 of the Map Act and other applicable provisions of state law.

When a properly endorsed Parcel or Final Map has been filed for record, the subdivision or reversion to acreage shall be deemed complete, and the new parcels may be conveyed or otherwise transferred. The recordation of the map shall have the effect of eliminating any lot lines that existed within the boundaries of the subdivision before recordation of Parcel or Final Map.

In the event that a subdivider wishes to change the characteristics of an approved subdivision, including but not limited to the number or configuration of parcels, location of streets or easements, or the nature of required improvements, the construction of which has been deferred through the approval of an agreement in compliance with Section 17.108.040 (Improvement Agreements and Security), a new tentative and Parcel or Final Map shall be filed and approved as required by Section 17.90.030 (Applicability).