Laguna Woods Municipal Code Ch. 12.22 Final Parcel Map Requirements and Procedures

Footnotes:

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State Law reference— Final maps, Government Code § 66456 et seq.; parcel maps, Government Code § 66463 et seq.

The content and form of parcel maps shall be governed by the provisions of the Subdivision Map Act (Government Code § 66410 et seq.) and the Subdivision Manual.

(OCC § 7-9-325)

(a) When a subdivision is proposed to be created through the tentative parcel map process, a final parcel map shall be filed for record with the County Recorder. No proposed subdivision shall be complete until such parcel map has been filed for record, unless a waiver has been approved.

(b) A final parcel map within commercial or industrial zoned areas, identifying lease lines or lines for tax purposes may be filed for record with the County Recorder without being required to comply with the tentative parcel map requirements of this chapter. Each parcel on such map shall be identified by letter and shall not be considered to be a separate building site. No transfers of fee title may be made in connection with such map. Identification shall be shown on the face of such map as to its purpose that it does not create building sites and that it does not permit transfer of fee title interest.

(OCC § 7-9-326)

(a) When dedications or offers of dedications, either limited or irrevocable, are made on the final parcel map, all parties having any record title interest in the real property being subdivided, including parties to which an irrevocable offer of dedication has been made over the property, or any portion thereof, shall consent to the preparation and recordation of the final parcel map by signing the required certificate. Such signatures shall be properly acknowledged. The certificate need not be signed by public entities and public utilities which own rights-of-way, easements or other interests which cannot ripen into a fee, provided that:

(1) The Planning Commission determines that division and development of the property in the manner set forth on the map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement;

(2) The map contains a statement that the Planning Commission has determined that the division and development of the property in the manner set forth on the map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement; and

(3) The public entity or utility has been given the opportunity to object to such a determination in accordance with the provisions of the Subdivision Map Act (Government Code § 66410 et seq.).

(b) When dedications or offers of dedications are not being made, no owners or subdividers' signatures shall be required on the parcel map.

(OCC § 7-9-327)

(a) Final parcel map. The final parcel map shall be submitted to the City Manager or designee, who shall examine the map within 20 days of receipt thereof. If the City Manager or designee is satisfied that the map is technically correct and conforms with the approved tentative parcel map and any conditions imposed thereon, he shall execute the certificate required by the Subdivision Map Act (Government Code § 66410 et seq.). Such certification by the City Manager or designee shall constitute approval of the final parcel map.

(b) Agreements, security and dedications. Whenever, as a condition of an approved tentative parcel map, agreements and/or security are required for installation of certain improvements and/or dedications and offers of dedication are made by a statement on the map, said agreements, security, and/or dedication may be approved/accepted by the director prior to recordation of the final parcel map.

(OCC § 7-9-328)

The City Manager or designee shall transmit the approved final parcel map to the County Recorder for recordation, unless the surveyor/engineer/subdivider requests an alternate time schedule for recordation.

(OCC § 7-9-329)

(a) The City Manager or designee will provide coordinated positions in the vicinity of each new parcel map by tying the section, quarter section, rancho, or other appropriate land net corners or road centerlines, on an approximate one-half-mile grid convenient for proper coordinate tie-in of such map boundaries, to the existing monuments of, and, where possible, intervisible with the local control network, and by calculating and adjusting coordinates for these corners using the California Coordinate System based on the North American Datum of 1983, 1990 Adjustment or current adjustment as directed by the County Surveyor.

(b) All data pertaining to these control monuments will be filed in accordance with the requirements of the Professional Land Surveyors' Act and these records shall be indexed and made readily available to the general public.

(c) The City shall require the surveyor or engineer to show on the parcel map those ties made by the surveyor or engineer to such control monuments in accordance with Public Resources Code § 8813; and that coordinates published by the County for these control monuments be shown on the map.

(d) The surveyor or engineer shall be permitted to show on any record of survey submitted for filing, the information prescribed above, when the normal course of survey activities include ties made to points for which coordinates have been provided or accepted into the control network by the County, and when such information may be shown pursuant to the requirements of the California Public Resources Code.

(e) The County shall require the surveyor or engineer preparing the parcel map to tie the boundary of said map into the California Coordinate System (NAD 83) in at least two locations, preferably on opposite sides of the boundary or as mutually agreed to by the surveyor or engineer and the County surveyor.

(f) The basis of bearings of the parcel map shall be the California Coordinate System (NAD 83), 1990 Adjustment or current adjustment as directed by the County surveyor as established by the use of existing monuments, Global Positioning System Surveys (GPS), or by astronomic observation.

(g) In the event that the County surveyor is unable to provide the surveyor or engineer with coordinated monuments, as described in Subsection (a) above, within 30 days of a written and County-approved request filed by the surveyor or engineer relating to any maps which is or will be processed by the County Surveyor, the foregoing requirements would be waived. However, none of the above will preclude a person, authorized to practice land surveying within the State Of California, from performing the necessary work to meet the requirements of this section.

(h) The County Surveyor shall require the surveyor or engineer preparing a parcel map to submit to the County, in addition to the material currently being submitted for map checking and recordation purposes, a digital graphics file containing the boundary, street centerline, right-of-way and lot/parcel line data necessary to facilitate transferring of the file into the County mapping system if the surveyor or engineer has the capability to provide such files. If the surveyor or engineer does not have this capability, the County will create such a graphics file for entry into its system and recover the cost through the map check process.

(i) If the boundary of the parcel map being submitted is a parcel or lot of a map already tied to the California Coordinate System, NAD 83, 1990 Adjustment or current adjustment as directed by the County Surveyor, the requirements in Subsection (e) above shall be waived.

(j) In the event the surveyor or engineer submitting a parcel map to the County feels that compliance with the requirements stated in Subsections (c), (e), (f), and (h) above will create a hardship on him or the client, he may appeal to the County Surveyor to waive them. If the County Surveyor refuses this appeal, the surveyor or engineer may further appeal this decision to a committee of members of the private sector recognized by Director, Public Facilities and Resources Department, as representative of the professional surveying community. Such a committee may be, but not limited to, the California Land Surveyors Association California Council of Civil Engineers and Land Surveyors Joint Professional Practice Committee. The decision of this committee shall be final and binding on both parties.

(OCC § 7-9-330)