Lomita Municipal Code Art. 6 Final Maps; Parcel Maps

An approved or conditionally approved tentative map shall expire twenty-four (24) months after its approval or conditional approval. Within such twenty-four-month period a subdivider may cause the proposed division of land to be accurately surveyed and a final map prepared and filed in the office of the county recorder. The time limit for such filing may be extended by the city council for a period or periods of time as allowed under the Subdivision Map Act.

(Ord. No. 518, § 1, 7-12-93)

Within two (2) years after the approval or conditional approval of a tentative map, a subdivider may cause the proposed division of land to be accurately surveyed, if necessary, and a parcel map prepared and filed in the office of the county recorder. The time limit for such filing may be extended by the city council for a period not to exceed one (1) year.

(Ord. No. 208, § 2, 9-15-75; Ord. No. 393, § 2, 1-6-86)

The final map or parcel map shall conform to the approved tentative map and to the requirements and conditions contained on the report approving the tentative map. No final map or parcel map shall be accepted by the city engineer unless a tentative map has been approved by the city council.

(Ord. No. 208, § 2, 9-15-75)

Final maps or parcel maps shall be submitted to the city engineer. A subdivider shall submit sufficient copies of the final map or parcel map to permit the city engineer to furnish copies to city officers and departments and to other public agencies which in the opinion of the city engineer may have an interest in the map.

(Ord. No. 208, § 2, 9-15-75)

Each officer or department, within fifteen (15) days after the receipt of a print of a final map or parcel map, shall report in writing to the city engineer as to the compliance or noncompliance of the map with the approved or conditionally approved tentative map.

(Ord. No. 208, § 2, 9-15-75)

Dedications or grants of easements required as a condition precedent to filing a final map shall be made on the final map. Dedications or grants of easements required as a condition precedent to filing a parcel map may be made either by certificate on the final parcel map or, be offered by separate instrument, accepted and recorded prior to or concurrently with the filing of the parcel map.

(Ord. No. 208, § 2, 9-15-75)

The city council may require dedications as a condition precedent to filing a final map for the purpose of reverting to acreage land previously subdivided.

(Ord. No. 208, § 2, 9-15-75)

Except as otherwise provided by this section, streets, highways, alleys, and other vehicular and pedestrian rights-of-way, or portions thereof, which are required as a condition precedent to filing a final map or parcel map shall be offered for public use.

With the approval of the city council, a street or alley which is intended to be kept physically closed to public travel or posted as a private right-of-way may be shown as a private street or alley. Private streets and alleys shall be conditionally dedicated, which offer may be accepted by the city council, if the street or alley ceases to remain physically closed or posted and is open to public travel for a period of three (3) months or more.

(Ord. No. 208, § 2, 9-15-75)

Future streets and alleys shall be offered for public use, which offer shall remain open for an indeterminate period of time until the city council determines that the opening of the street or alley is warranted. The owners of the underlying fee to any portion of a future street or alley shall retain the right to any and all ordinary uses of such land, except the erection or construction thereon of any structure not ordinarily placed in public streets or alleys, until such time as the city council opens the street or alley for public use.

(Ord. No. 208, § 2, 9-15-75)

Access rights to major and secondary highways and to one street for double-frontage lots, except corner lots, shall be dedicated unless abutting lots are to be used for commercial or industrial development.

(Ord. No. 208, § 2, 9-15-75)

The right to restrict the erection of buildings or other structures within those portions of lots which are shown as being subject to flood hazard, inundation or geological hazard on a final map or parcel map shall be dedicated.

(Ord. No. 208, § 2, 9-15-75)

If sewers or drains or both are required for the general use of lot owners in a division of land and such sewers or drains are not to be installed within public highways, streets or alleys, the necessary easements shall be granted.

(Ord. No. 208, § 2, 9-15-75)

In the event that a division of land is traversed by a major watercourse, channel, stream, swale or creek, the city council may require that an adequate right-of-way be dedicated for storm drainage purposes.

(Ord. No. 208, § 2, 9-15-75)

(a) Final maps and parcel maps shall be prepared in accordance with the requirements of the Subdivision Map Act and of this chapter.

(b) Final maps and parcel maps shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor.

(c) The division of parcels which are not abutting shall be shown on separate maps, unless such parcels are separated because of the interposition of a highway, street, alley or railroad, public utility or flood-control right-of-way.

(Ord. No. 208, § 2, 9-15-75)

(a) The title sheet of each map shall contain a title consisting of the words "Tract No." and the map number on a final map or the words "Parcel Map No." and the map number on a parcel map. The title shall also contain the words "In the City of Lomita" or "partly in the City of Lomita and partly in …." (here insert the name for the political division involved).

(b) The title sheet shall also contain a subtitle consisting of a description of all of the property being divided by reference to maps previously filed or recorded in the office of the county recorder or previously filed with the county clerk pursuant to a final judgment in any action in partition or by reference to the plat of a United States survey. Upon the title sheet of each map filed for the purpose of reverting subdivided land to acreage, the subtitle shall consist of the words "Being a Reversion to Acreage of …." (insert a legal description of the land being reverted). Each reference in these subtitles must be spelled out and worded identically to the original record thereof. A complete reference to the book and page of the cited record must be included.

(c) The title sheet for a parcel map shall contain the certificate of the surveyor or engineer referred to in Section 66449 of the Subdivision Map Act. The title sheet for a final map shall contain the certificate of the surveyor or engineer referred to in Section 66441 of the Subdivision Map Act. The title sheet or at least one map sheet shall contain a basis of bearings, making reference to a filed tract map, county surveyor's map or other record acceptable to the city engineer.

(d) Required certificates, affidavits and acknowledgments may be legibly stamped or printed on the title sheet of a final map or parcel map with opaque ink. All required signatures shall be written with opaque ink. All such entries shall be readily reproducible by any normal method of reproduction.

(Ord. No. 208, § 2, 9-15-75)

Each map sheet of a final map or a parcel map shall conform to the following format:

(a) Each map sheet and the lettering thereon shall be oriented so that, with the north point directed away from the reader, the map may be read most conveniently from lower right-hand corner of the sheet.

(b) Each map sheet shall bear the main title of the map, the scale, north point and sheet number and designation of the relation, if any, between the sheet and each other sheet comprising the final map or parcel map.

(Ord. No. 208, § 2, 9-15-75)

If the city council approves a land division as a division of land for lease only, there shall appear on a final map or parcel map of the division in letters not less than one-fourth ¼ inch in height the words: "DIVISION OF LAND FOR PURPOSE OF LEASE ONLY."

(Ord. No. 208, § 2, 9-15-75)

(a) All lots shall be numbered. Lot numbers shall begin with the numeral "1" and continue consecutively without omission or duplication throughout the entire map. No prefix or suffix or combination of letter and number shall be used. Each lot shall be shown entirely on one sheet.

(b) Upon each lot containing an area of three-fourths ¾ of an acre or more shall be designated the acreage of the lot to the nearest one-hundredth of an acre.

(Ord. No. 208, § 2, 9-15-75)

(a) The bearing and length of each lot, block and boundary line shall be shown on a final map or parcel map, except that, when bearings and lengths of lot lines in a series of lots are the same, the bearings or lengths may be omitted from each interior, parallel lot line of the series. Each required bearing or length shall be shown in full and no ditto mark or other designation of repetition shall be used.

(b) The length, radius and total central angle or bearings of terminal radii of each curve and the bearing of each radial line to each lot corner on each curve, or the central angle of each segment within each lot, shall be shown.

(Ord. No. 208, § 2, 9-15-75)

(a) Each final map or parcel map shall show the center line, the total width, and the width on each side of the center line of each street, highway, alley or other way appearing on the map. The bearing and length of each tangent and the radius, central angle and length of each curve shall be shown on each center line.

(b) Final maps shall also show the width of right-of-way to be dedicated on the map when only a portion of a street, highway, alley or way is within the map boundary.

(Ord. No. 208, § 2, 9-15-75)

(a) Final and parcel maps shall show sufficient mathematical data to clearly indicate the portion of each lot which is within private or future streets or alleys in addition to the width and center line detail required by section 11-2.278.

(b) Right-of-way lines for private or future streets or alleys shall be dashed.

(c) Each private or future street or alley shall be clearly identified as such.

(Ord. No. 208, § 2, 9-15-75)

(a) Final maps and parcel maps shall show the name of each highway or street, other than a future street, appearing on the map. Street and highway names shall be shown in or arrowed to the right-of-way.

(b) If only a portion of a street or highway is to be dedicated on a final map, the street or highway name shall be shown or arrowed into both the portion to be dedicated and the existing portion of the street or highway.

(c) Street and highway names shall be subject to the approval of the city engineer.

(d) The word "avenue," "street," "place" or other street or highway designation shall be spelled out in full.

(Ord. No. 208, § 2, 9-15-75)

Final maps and parcel maps shall show the width and location of each railroad or transmission line right-of-way, flood-control channel, or other similar rights-of-way appearing on the map. Rights-of-way which appear on a map as a lot or a series of lots shall be shown as provided in sections 11-2.275 and 11-2.276.

(Ord. No. 208, § 2, 9-15-75)

Final maps and parcel maps shall show all easements which are a burden upon lots in the division or reversion or which are required as a condition precedent to filing the map.

(Ord. No. 208, § 2, 9-15-75)

Easements appearing on a final map or parcel map shall conform to the following requirements:

(a) The side lines of each easement shall be shown. Widths, center lines, center line or side line data, and ties shall be shown as necessary to definitely locate each easement.

(b) Easement side lines shall be shown as fine dashed lines.

(c) Distances and bearings on the side lines of lots which are cut by easements shall be arrowed or otherwise shown so as to clearly indicate the actual length of each lot line.

(d) Each easement shall be clearly labeled and identified and, if of record, the record reference shall be shown thereon. If an easement is to be granted by separate instrument, the record reference shall be shown on the map prior to the time of filing.

(e) Notes or figures pertaining to easements shall be subordinated in form and appearance to other notes or figures on the map.

(Ord. No. 208, § 2, 9-15-75)

Final maps and parcel maps shall show each city boundary line crossing or adjoining a division or reversion. Each such line shall be clearly designated and tied.

(Ord. No. 208, § 2, 9-15-75)

If any portion of a lot shown on a final map or parcel map is subject to flood hazard, inundation or geological hazard, and the hazard is not to be removed as a condition precedent to filing the map, the hazard area and a prominent note identifying the hazard shall be shown on the map.

(Ord. No. 208, § 2, 9-15-75)

In the event that dedication of right-of-way for storm drainage purposes is not required, the advisory agency may require that a final map or parcel map show the location of any natural watercourse, stream, channel, swale or creek which traverses the map.

(Ord. No. 208, § 2, 9-15-75)

If a parcel map is compiled from record data, the source of information used shall be contained in a note on one sheet of the map.

(Ord. No. 208, § 2, 9-15-75)

Each final map and each parcel map for which a survey is required shall show evidence found on the ground of sufficient corners of prior surveys or such other evidence as may be suitable to precisely locate the boundaries of the division or reversion shown on the map. Each stake, monument or other object found shall be fully described and referenced. The method used to establish each point or line shall be clearly shown and explained on the map.

(Ord. No. 208, § 2, 9-15-75)

The procedure and practice for all survey work done for preparation of a final map or parcel map shall conform to the standards and details set forth in Chapter 15, Division 3, of the Business and Professions Code, the Land Surveyor's Act. The allowable error of closure on any portion of a final map or parcel map shall be 1/10,000. In the event that the county engineer, county road commissioner, the state highway engineer or city engineer shall have established the center line of any highway, street or alley shown on a final map or parcel map, the map shall show such center line, together with a reference to a field book or map showing such center line and the monuments which determine its position. If determined by ties, that fact shall be stated upon the final map or parcel map.

(Ord. No. 208, § 2, 9-15-75)

(a) Each final map and each parcel map for which a survey is required shall show durable monuments found or set at or near each boundary corner and at intermediate points, approximately one thousand (1,000) feet apart, or at such lesser distances as may be made necessary by topography or culture to insure accuracy in the reestablishment of any point or line without unreasonable difficulty. The precise position and the character of each such monument shall be shown on the map. Such durable monument shall be not less substantial than an iron pipe of a two-inch outside diameter, not less than two and one-half (2½) feet in length, with plug and tack, and set at least two (2) feet into the ground or of such other character and stability as may be approved by the city engineer. For the purposes of this chapter a lead and tack set in permanent concrete or masonry shall be considered as a durable monument. The approximate elevation of the top of each such monument with respect to the surface of the ground shall be shown on said map.

(b) Whenever necessary in the opinion of the city engineer, center line monuments shall be set to mark intersections of streets or intersections of streets with the map boundary or to mark either the beginning and end of curves or the points of intersection of tangents thereof or other intermediate points. Each such monument shall be not less durable and substantial than:

(1) In asphaltic concrete or cement pavements a lead and tack.

(2) In unsurfaced graveled or oiled surfaces a two-inch iron pipe set not less than twelve (12) inches below the surface, or at such depth as may be approved by the city engineer.

(3) In bituminous macadam pavements a spike not less than six (6) inches long.

For each center line monument set, the engineer or surveyor under whose supervision the survey has been made shall furnish to the city engineer a set of notes, clearly showing the ties between the monument and a sufficient number (normally four (4)) of durable, distinctive reference points or monuments. Such reference points or monuments may be leads and tacks in sidewalks, or two (2) inch by two (2) inch takes set back of the curbline and below the surface of the ground, or a substitute therefor which appears to be not more likely to be disturbed.

Each set of notes submitted shall conform in all respects to the standardized office records of the city engineer. All such notes shall be indexed and filed by the city engineer as a part of the permanent public records of his office.

(c) All monuments set as required herein shall be permanently and visibly marked or tagged with the registration or license number of the engineer or surveyor under whose supervision the survey was made.

(d) All boundary monuments shall be set prior to filing the final map or parcel map. Interior street center line monuments may be set subsequent to filing of the final map or parcel map. The final map or parcel map shall show which monuments are in place and which are to be set. Prior to certification of the final map or parcel map by the city engineer, the subdivider shall submit a written agreement in which he agrees that monuments deferred will be set within a specified time and that the notes required in section 11-2.290(b) will be furnished within a specified time.

(e) All monuments shall be subject to inspection and approval of the city engineer.

(Ord. No. 208, § 2, 9-15-75)

The evidence of title required for final maps and parcel maps where dedications are by certificate on the parcel map by the provisions of Section 66465 of the Subdivision Map Act shall be a certificate of title or a policy of title insurance issued by a title company authorized by the laws of the State of California to write the same, showing the names of all persons having any record title interest in the land to be subdivided, together with the nature of their respective interests therein. In the event that land in the City of Lomita is to be dedicated, the certificate of title or policy of title insurance shall be issued for the benefit and protection of the City of Lomita. The certificate or policy shall be dated and delivered upon request of the city engineer when the map is ready for filing.

(Ord. No. 208, § 2, 9-15-75)

If the owner of an easement in a right-of-way offered for public use on a final map or parcel map where dedications are made by certificate on the parcel map, who has no other interest whatever in any part of the lands included within the division or reversion, refuses to make his easement subject to the right-of-way offered to the public but the map in all other respects complies with this chapter, with the Subdivision Map Act, and with other applicable statutes and ordinances, and the city council finds that the subdivider has in good faith attempted to obtain the necessary signature from the owner and has been unable to do so and that a refusal to accept the map for filing would work an undue hardship on the subdivider, then by a majority vote of all its members, the city council may accept the final map or parcel map for filing.

(Ord. No. 208, § 2, 9-15-75)

Final maps or parcel maps on which easements are offered for public use shall have written thereon, in addition to or as part of any other certificate required, a certificate signed by all persons claiming an interest in the lands included within the division or reversion shown on the map, other than an interest which cannot ripen into a fee, in substantially the following form:

"We hereby certify that except as shown on a copy of this map on file in the office of the city superintendent of streets, we known of no easement or structure existing within the easements hereby offered for dedication to the public, other than publicly owned waterlines, sewers or storm drains; that we will grant no right or interest within the boundaries of said easements offered to the public except where such right or interest is expressly made subject to the said easements."

(Ord. No. 208, § 2, 9-15-75)

Separate instruments shall be prepared by a title company or by the city engineer. When dedicating by separate instrument, the subdivider shall submit a title report, prepared in favor of the city, which indicates who is required to sign the separate instrument to pass clear title to the city. This title report shall be kept up to date and the city shall be notified of any change until such time as the separate instrument is recorded.

(Ord. No. 208, § 2, 9-15-75)

The signatures of all parties having any record title interest in the real property being subdivided shall not be required on any final parcel map unless dedications or offers of dedication are made by certificate on the parcel map.

(Ord. No. 208, § 2, 9-15-75)

Evidence of title shall be submitted with all final parcel maps. This shall show all fee interest holders, all interest holders whose interest could ripen into a fee, all trust deeds together with the name of the trustee, and all easement holders.

(Ord. No. 208, § 2, 9-15-75)

The following minor land divisions shall be eligible for waiver of the requirement that a parcel map be filed, except where the tentative map of any such division, the conditions of approval thereof, or the requirements of the Subdivision Map Act or of this ordinance provide for or require the provision of road, drainage, sewer, water or other easements or the delineation of flood or geological hazard, drainageways or building restrictions:

(a) Reserved.

(b) Those of a lease project.

For the purposes of this section, the term "approved record of survey map" refers to record of survey maps which were approved by the board of supervisors and filed for record pursuant to various provisions of the Subdivision Map Act prior to the effective date of Chapter 1180, Statutes 1965.

(Ord. No. 208, § 2, 9-15-75; Ord. No. 414, § 5, 6-1-87)

Waiver requests shall be made in writing on a standardized form provided by the advisory agency. The request shall include:

(a) A request for waiver, signed and acknowledged by all owners of record of land comprising the minor land division;

(b) A description of each proposed parcel;

(c) If requested by the advisory agency, a plat map, showing sufficient ties, dimensions and bearings to adequately establish the boundaries of the minor land division and of each proposed parcel. Record information, when available, may be utilized.

The advisory agency may require the submission of documentation, i.e., preliminary title report, as it deems necessary to verify the information presented in the request for waiver. All submissions shall be legible and readily reproducible. Before approval of a request for waiver, the subdivider shall complete or guarantee completion of the conditions of approval as if a parcel map were to be filed.

(Ord. No. 208, § 2, 9-15-75)

Upon submission of a request for waiver, the subdivider shall pay a filing fee of seventy-five dollars ($75.00). The subdivider shall also pay a sum of money equal to the amount required by law for filing with the county recorder a certificate of compliance for the parcels comprising the division.

(Ord. No. 208, § 2, 9-15-75)

Within twenty (20) days after acceptance of a request for waiver or within such additional time as may be necessary, the advisory agency shall waive the requirement that a parcel map be filed as provided in section 11-2.297, if it finds:

(a) That the design of each parcel described in the request for waiver is in substantial accordance with the tentative map, as approved;

(b) That the proposed minor land division complies with all applicable requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and other requirements of the Subdivision Map Act and of this ordinance.

When a waiver is granted pursuant to this section, the advisory agency shall, within twenty (20) working days, cause a certificate of compliance, describing each approved parcel, to be filed for record with the county recorder. The certificate of compliance shall state that the requirement that a parcel map of the division of land be filed has been waived and that the parcels comprising the division may be sold, leased, financed or transferred in full compliance with all applicable provisions of the Subdivision Map Act and of this ordinance.

The procedures set forth in this section shall be completed within the period prescribed by section 11-2.252 for filing a parcel map of a minor land division after approval or any extension thereof.

(Ord. No. 208, § 2, 9-15-75)

A certificate of compliance may be issued for real property where the advisory agency has made a determination that such property complies with the provisions of the Subdivision Map Act and this ordinance.

(Ord. No. 208, § 2, 9-15-75)

Where the advisory agency finds that the property does not comply with the provisions of the Subdivision Map Act and this ordinance, they may, as a condition of granting a certificate of compliance, impose such conditions as permitted under the Subdivision Map Act and this ordinance.

(Ord. No. 208, § 2, 9-15-75)

If the conditions imposed by the advisory agency for the granting of a certificate of compliance are not fulfilled or implemented by the applicant property owner or grantee the certificate of compliance shall have no force or effect upon any subsequent transfer of the property. Any subsequent transferee or assignee shall make a new application for a certificate of compliance and the advisory agency may impose such conditions as applicable at the time of the new filing.

(Ord. No. 208, § 2, 9-15-75)

Except where a request for waiver has been approved, applications for the issuance of a certificate of compliance shall be submitted to the director of planning. Application for issuance of a certificate of compliance shall be made in writing on a standardized form provided by the director. The director may require the submission of such supporting information as he deems necessary to determine compliance. All submissions shall be legible and readily reproducible.

(Ord. No. 208, § 2, 9-15-75)

Upon submission of a request for issuance of a certificate of compliance other than as provided in sections 11-2.297 to 11-2.298.3, the applicant shall pay a processing fee of fifty dollars ($50.00) plus three dollars ($3.00) for each parcel for which a determination is requested. The applicant shall also pay a sum of money equal to the amount required by law for filing with the county recorder the certificate of compliance.

(Ord. No. 208, § 2, 9-15-75)