La Quinta Municipal Code Ch. 13.20 Final Maps and Parcel Maps

This chapter establishes requirements for the preparation and processing of final maps, parcel maps and waivers of parcel maps.

(Ord. 539 § 4, 2016; Ord. 272 § 1, 1995)

A final map shall be required for all subdivisions creating five (5) or more parcels, five (5) or more condominiums as defined in Section 783 of the Civil Code, a community apartment project containing five (5) or more parcels, or for the conversion of a dwelling to a stock cooperative containing five (5) or more dwelling units, except as specified herein below.

A parcel map shall be required for all subdivisions creating four (4) or less parcels, four (4) or less condominiums as defined in Section 783 of the Civil Code, a community apartment project containing four (4) or less parcels, or for the conversion of a dwelling to a stock cooperative containing four (4) or less dwelling units, with exception of land and parcels with the following characteristics:

A. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths; or

B. The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body; or

C. Each parcel created by the division has a gross area of twenty (20) or more acres and has an approved access to a maintained public street or highway; or

D. Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter or a quarter section.

(Ord. 539 § 4, 2016; Ord. 272 § 1, 1995)

Exemptions from the filing of a final map or parcel map shall be as specified in Section 13.12.030. In addition, a waiver of parcel map may be requested consistent with the provisions of this chapter.

(Ord. 272 § 1, 1995)

Final maps and parcel maps shall be filed with the engineering and public works department. The city may, by resolution, establish a filing fee for the processing of final maps and parcel maps.

(Ord. 272 § 1, 1995)

The following application materials shall be submitted with each proposed final map or parcel map:

A. The city subdivision map application form;

B. The required application fee and map check deposit or fee established by city resolution;

C. Five (5) copies of the final map or parcel map;

D. Two (2) sets of boundary and lot calculations;

E. Two (2) copies of the approved tentative map;

F. Two (2) copies of the tentative map conditions of approval;

G. Two (2) copies of the title report; and

H. One (1) copy of pertinent deeds and record maps.

(Ord. 272 § 1, 1995)

The map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor. Final maps shall be based upon a survey. Parcel maps may be based upon a survey or on recorded or filed data in accordance with Section 66448 of the Government Code. Final maps and parcel maps shall conform with all of the following provisions as specified:

A. Final maps and parcel maps 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 acknowledgments 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.

B. The size of each sheet shall be eighteen (18) inches by twenty-six (26) inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one (1) inch. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets. If the map drawing occupies more than one (1) sheet, each sheet of the drawing shall clearly show its relation to each adjoining sheet.

C. The exterior boundary of the land included within the subdivision shall be indicated by distinctive delineation and clearly so designated. The map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys.

D. 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 on the map shall be shown, including bearings and distances of straight lines, and radii and arc length or chord bearings and length for all curves, and any information which may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries.

E. Each lot or parcel shall be numbered and each block may be numbered or lettered. Each street shall be named or otherwise designated. All lots to be dedicated to the city shall be designated as lettered lots.

F. If the map includes a designated remainder parcel, and the gross area of the designated remainder parcel or similar parcel is five (5) acres or more, that remainder parcel need not be shown on the map and its location need not be indicated as a matter of survey, but only by deed reference to the existing boundaries of the remainder parcel. A parcel designated as "not a part" shall be deemed to be a designated remainder for purposes of this section.

G. If the map includes areas with development constraints due to archeological sites, biologically sensitive areas, paleontological sites, historical structures or sites, or other such areas, the constrained areas shall be identified on a constraints sheet which will be recorded with the final map or parcel map. The map shall contain a note that a constraint sheet has been recorded with the map.

H. Final maps and parcel maps shall contain a statement, signed and acknowledged by all parties having any record title interest in the real property to be subdivided consenting to the preparation and recordation of the map.

I. Final maps shall contain a statement by the engineer or surveyor responsible for the survey and final map which gives the date of the survey, states that the survey and final map were made by him or her or under his or her direction, and that the survey is true and complete as shown.

J. Final maps (and parcel maps for which a survey was performed) shall contain a statement by the engineer or surveyor responsible for the survey that all monuments shown are of the character and occupy the positions indicated, or that they will be set in those such positions on or before a specified later date, and that the monuments are, or will be, sufficient to enable the survey to be retraced.

K. Parcel maps shall contain the following statement by the engineer or surveyor responsible for the final map:

This map was prepared by me or under my direction (and was compiled from record data) (and is based upon a field survey) in conformance with the requirements of the Subdivision Map Act and local ordinance at the request of (name of person authorizing map) on (date). I hereby state that this parcel map substantially conforms with the approved or conditionally approved tentative map, if any.

(Signed)___________

R.C.E. (or L.S.) No. ___________

L. Final maps and parcel maps shall contain the following certificate or statement by the city engineer or city surveyor:

1. He or she has examined the map.

2. The subdivision as shown is substantially the same as it appeared on the tentative map, and any approved alterations thereof.

3. All provisions of this chapter and of any local ordinances applicable at the time of approval of the tentative map have been complied with.

4. He or she is satisfied that the map is technically correct.

City engineers registered as civil engineers after January 1, 1982, shall be qualified to certify only the statements of subsections (L)(1) through (3) of this section. The statement specified in subsection (L)(4) of this section shall be certified by a person authorized to practice land surveying pursuant to the Professional Land Surveyors' Act (Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code) or a person registered as a civil engineer prior to January 1, 1982, pursuant to the Professional Engineers' Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code).

Within twenty (20) days from the time the map is submitted to him or her by the subdivider for approval, the city engineer or city surveyor shall sign and date the certificate or statement, indicate his or her registration or license number with expiration date in a space below or immediately adjacent to the signature, and file the certificate or statement with the city council.

M. Final maps and parcel maps shall contain a certificate or statement for execution by the city clerk stating that the city council approved the map and either accepted, accepted subject to improvement, or rejected, on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication.

N. Parcel maps shall contain the following statement for execution by the county recorder:

Filed this _______ day of ________ , 20 ___ , at _______ m. in Book _______ of ________ , at page _______ , at the request of ________ .

Signed ___________

County Recorder ___________

(Ord. 272 § 1, 1995)

Dedications of, or offers to dedicate interests in, real property for specified public purposes shall be made by a statement on the final map or parcel map, signed and acknowledged by those parties having any record title interest in the real property being subdivided. In the event any street shown on a final map is not offered for dedication, it shall be so noted. If the statement describing the dedications or offers of dedication appears on the final map and if the map is approved by the city council, the use of the street or streets by the public shall be permissive only. Offers of dedication of real property for street or public utility easement purposes shall be deemed not to include any public utility facilities located on or under the real property unless, and only to the extent that, an intent to dedicate the facilities is expressly declared in the statement.

The final map or parcel map shall include irrevocable offers to dedicate or grant easements to the city for access to and maintenance, construction and reconstruction of required improvements which are located on privately held lots or parcels.

(Ord. 272 § 1, 1995)

Prior to approval of a final map located within a potentially hazardous soils area, such as that which exhibits a potential for liquefaction, a qualified geologist or soils engineer shall evaluate and report potential hazards and recommend mitigation measures.

(Ord. 272 § 1, 1995)

A. Final maps shall be based upon field surveys made in conformity with the Land Surveyors Act. Parcel maps shall be based upon such surveys or may be compiled from recorded or filed data when both of the following conditions are met:

1. Sufficient survey information exists on filed maps to locate and retrace the exterior boundary lines of the parcel map; and

2. The location of at least one (1) of these boundary lines can be established from an existing monumented line.

B. At the time of making a survey for a final map or parcel map, the engineer or surveyor shall set sufficient durable monuments as provided below.

1. Monuments set shall be sufficient in number and durability and efficiently placed so as not to be readily disturbed, to assure, together with monuments already existing, the perpetuation or easy reestablishment of any point or line of the survey.

When monuments exist which control the location of subdivisions, tracts, streets or highways, or provide survey control, the monuments shall be located and referenced by or under the direction of a licensed land surveyor or registered civil engineer prior to the time when any streets or highways are reconstructed or relocated and a corner record of the references shall be filed with the county surveyor. The monuments shall be reset in the surface of the new construction, a suitable monument box placed at that location, or permanent witness monuments set to perpetuate their location, and a corner record filed with the county surveyor.

Sufficient controlling monuments shall be retained or replaced in their original positions to enable land lines, property corners and tract boundaries to be reestablished without devious surveys necessarily originating on monuments differing from those that currently control the area.

2. At least one (1) exterior boundary line of a final map shall be adequately monumented or referenced before the final map is submitted for approval to the city council.

3. Interior monuments and boundary monuments other than those required in subsection (B)(2), need not be set at the time the map is recorded, if the engineer or surveyor certifies on the map the monuments will be set on or before a specified later date, and if the subdivider furnishes to the city security guaranteeing the payment of the cost of setting such monuments.

4. Within five (5) days after the final setting of all monuments, the engineer or surveyor shall give written notice to the subdivider, and to the city engineer that the final monuments have been set. Upon payment to the engineer or surveyor for setting the final monuments, the subdivider shall present to the city evidence of payment and receipt thereof by the engineer or surveyor. If the subdivider does not present evidence to the city that the engineer or surveyor has been paid for the setting of the final monuments, and if the engineer or surveyor notifies the city that the monuments have been set but payment has not been received from the subdivider, the city shall, within three (3) months from the date of the notification, pay to the engineer or surveyor any amounts so due from any deposit or security furnished in guarantee of monuments.

5. Except as specified herein, monumentation shall comply with the Riverside County surveyor map preparation manual. Monuments shall be of metallic material and shall be securely set so as not to be readily disturbed. Monuments shall be set in sufficient number and in suitable locations to ensure the perpetuation or easy re-establishment of any point or line of the survey.

(Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)

When the subdivider is required to construct improvements or satisfy other obligations as a condition of approval of a tentative map, a tentative parcel map, a final map or a parcel map, and the requirement is not yet satisfied, the subdivider shall enter into a secured agreement to construct the improvements and/or satisfy the obligations prior to approval of a final map, parcel map, other required land division or development approval, or issuance of any permit for building or site construction. The above requirement may be amended by agreement between the subdivider and the city.

If improvements are secured, the subdivider shall submit estimates of improvement costs. The estimates shall comply with the schedule of unit costs adopted by city resolution or ordinance. For items not contained in the adopted schedule, estimates shall meet the approval of the city engineer. Estimates for utilities and other improvements under the jurisdiction of outside agencies shall be approved by those agencies unless otherwise approved by the city engineer.

If improvements to a subdivision are phased with multiple final maps or other required approvals (plot plans, conditional use permits, etc.), off-site improvements (i.e., streets) and development-wide improvements (i.e., retention basins, perimeter walls, common-area and setback landscaping, and gates) shall be constructed or secured prior to approval of the first final map or other required approval unless otherwise approved by the city engineer.

(Ord. 272 § 1, 1995)

The approval of final maps and parcel maps shall be in accordance with Section 13.04.060. Final maps and parcel maps will not be approved until the original final map, accurate computer files of the map on storage media and in program format acceptable to the city engineer, associated agreements and security, and other documents, deeds and payments have been received and approved by the city engineer.

The city council may, by resolution, establish criteria for conditional approval of maps for which the above items have not yet been received and approved by the city engineer.

(Ord. 320 § 1, 1998; Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)

Final maps and parcel maps may be amended in conformance with Government Code (GC) Sections 66469 through 66472.1 and the following:

A. If amendments are confined to those set forth in GC Section 66469, the amending map shall be filed with the city engineer in accordance with Sections 13.20.040 and 13.20.050. The city engineer shall examine the map, and if he or she finds that the amendments are limited to those set forth in GC Section 66469 and the amending map complies with GC Section 66470, shall endorse thereon a certification of said finding and the applicant may submit the amending map to the county recorder for recordation.

B. An amending map which exceeds the changes set forth in GC Section 66469 but conforms with GC Section 66470 may be filed in accordance with GC Section 66472.1 and the provisions of this section. The map shall be filed with the planning department and shall include the initial application materials and fees specified in Section 13.12.040 and the materials are as follows:

1. A five hundred (500)-foot radius map exhibit, drawn to scale, which displays those properties within five hundred (500) feet of the subdivision boundaries and which identifies the names of the affected property owners, as listed in the latest updated county equalized tax rolls;

2. One (1) set of self-adhesive mailing labels and one (1) photocopy of the names and addresses of those property owners within five hundred (500) feet of the subdivision boundary;

3. Fifteen (15) copies of the amending final map, folded accordion style to a size not exceeding eight and one-half (8½) inches by eleven (11) inches, with reduced reproducible originals not exceeding eight and one-half (8½) inches by eleven (11) inches in size;

4. A preliminary title report prepared and dated not more than ninety (90) days prior to submission of the application;

5. This list is not all inclusive and any other special studies required will be determined by city staff on a case-by-case basis.

Prior to map and, if necessary, plan checking by the city engineer, the applicant shall submit the map checking application materials and fees specified in Section 13.20.050 and (if necessary) the plan checking fees specified in Section 13.24.180.

The map shall be processed in the following sequence: Cursory review by staff and outside agencies deemed affected by the amendments; review and consideration by advisory agency at public hearing; if approved, map and plan checking, as necessary, by the city engineer; preparation and execution of any needed revisions to the improvement agreement; signatures by city engineer, city clerk, and (if a new or amended improvement agreement required) the city attorney and planning director; recordation via the city's normal process for subdivision maps.

(Ord. 356 § 1, 2000; Ord. 326 § 2, 1998)

A. Processing Procedures. Applications for waivers of parcel maps shall be prepared, filed, processed and approved consistent with Chapter 13.12, Tentative Subdivision Maps.

B. Evaluation Criteria. Approval of waivers of parcel maps shall be based upon the following findings:

1. The area requirements of proposed parcels are consistent with the zoning of the property;

2. The design of the subdivision and existing level of improvements within and adjacent to the property are consistent with current city standards;

3. Floodwater drainage control is consistent with city standards;

4. All adjoining public roads are improved consistent with city standards;

5. Water supply availability and sanitary sewerage facilities are adequate; and

6. The proposed subdivision provides adequate environmental protection.

(Ord. 272 § 1, 1995)

Appeals concerning final maps, amending final maps, parcel maps and waivers of parcel maps shall be processed as provided in Section 13.12.140, Appeals.

(Ord. 539 § 4, 2016; Ord. 356 § 1, 2000; Ord. 272 § 1, 1995)