§ 22.86

This Chapter establishes requirements for the preparation, filing, approval and recordation of Parcel and Final Maps, consistent with Map Act Chapter 3, Articles 4 and 5 (commencing with Sections 66456 and 66463, respectively). Parcel and Final Maps are precise engineering documents that detail the location and dimensions of all parcel boundaries in an approved subdivision and, after approval, are recorded in the office of the County Recorder.

(Ord. No. 3577, 2012)

22.86.020 - Parcel and Final Map Application Filing and Processing.

A.

When required. When required by Sections 22.80.030 (Applicability) and 22.84.100 (Completion of Subdivision Process), a Parcel or Final Map shall be prepared, filed, and processed in compliance with this Section.

B.

Form and content, fees. Parcel Maps and Final Maps shall be prepared by or under the direction of a qualified, registered civil engineer or licensed land surveyor, registered or licensed by the State. Parcel and Final Map submittals shall include all information required by the Map Act (Sections 66444 et seq. for Parcel Maps, and 66433 et seq. for Final Maps), the application forms, all information and other materials prepared as required by the Parcel and Final Map Preparation and Contents instruction list, provided by the Agency, and the required filing fee.

C.

Prefiling of check prints. Before filing a Parcel or Final Map as provided by this Section, the subdivider shall submit to the County Surveyor four check prints of the proposed map, with a preliminary title report no more than six months old, traverse sheets in a form and containing the information required by the County Surveyor, and the Parcel or Final Map filing fee. The check prints and accompanying information shall be processed as follows:

1.

Referral. The County Surveyor shall forward a copy of a Parcel or Final Map check print to the Director, who shall determine whether the Parcel or Final Map check print conforms substantially to the Tentative Map previously approved for the same project.

2.

County Surveyor review. The County Surveyor shall determine whether the Parcel or Final Map check print complies with all applicable provisions of this Development Code and the Map Act, and all applicable Tentative Map conditions of approval imposed by the Department of Public Works.

3.

Director review. The Director shall examine the check print to determine that it is in substantial conformance with the approved Tentative Map and in compliance with all applicable Tentative Map conditions of approval, and within ten days from receipt of the check print shall certify to the County Surveyor its conformance, or advise the subdivider and County Surveyor of any errors or omissions.

4.

Notification of subdivider. When the County Surveyor has received a confirmation from the Director stating that the Parcel Map is in substantial conformance with the approved Tentative Map and has determined that the map is in compliance with Subsection A.2 above (County Surveyor Review), the County Surveyor shall notify the subdivider.

D.

Filing with County Surveyor. After notification from the County Surveyor in compliance with Subsection C.4 above (Notification of Subdivider), a Parcel or Final Map, together with all data, information and materials required by Subsection B above (Form and Content, Fees) shall be submitted to the County Surveyor before the expiration of the applicable Tentative Map. The Parcel or Final Map shall be considered submitted when it is complete and complies with all applicable provisions of this Development Code and the Map Act.

E.

Multiple Parcel or Final Maps. The subdivider may file multiple Parcel or 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 Director approved the request.

(Ord. No. 3577, 2012)

A subdivider may request waiver of a Parcel Map, and the Review Authority may grant the waiver in compliance with this Section and Map Act Section 66428.b.

A.

When waiver is allowed. Waiver of a Parcel Map may be requested by a subdivider and granted by the Review Authority for a subdivision that results in the creation of only two parcels, and the boundaries of the original parcel have been previously surveyed and a map recorded, and are certain as to location.

B.

Application processing and approval. A request for waiver of a Parcel Map shall be submitted with the Tentative Map application, together with the required filing fee. The waiver request shall be processed and acted upon concurrently with the Tentative Map application. The Review Authority may grant a requested waiver if:

1.

The proposed Tentative Map satisfies all findings required for approval by Section 22.84.060 (Findings for Approval of Tentative Map); and

2.

The proposed subdivision complies with all applicable requirements of this Development Code and the Map Act as to lot area, improvement and design, drainage, flood control, appropriate improved public roads, sanitary disposal facilities, water supply availability, and environmental protection.

C.

Expiration of waiver. An approved waiver of a Parcel Map shall be subject to the same time limits and opportunities for extension of time as the accompanying Tentative Map, in compliance with Sections 22.84.130 (Expiration of Approved Tentative Map) and 22.84.140 (Extensions of Time for Tentative Maps), and Subsection D following (Completion of Subdivision).

D.

Completion of subdivision. A subdivision for which a Parcel Map has been waived shall be completed by the subdivider satisfying all conditions of approval, and by then filing and obtaining approval of a certificate of completion in compliance with this Section.

1.

Preparation and filing of certificate. The subdivider shall submit an application for a certificate of completion to the County Surveyor for review and approval, including the following information:

a.

A diagram or exhibit illustrating the configuration and dimensions of the parcels described in the legal descriptions submitted with the certificate of completion;

b.

A statement signed by the subdivider under penalty of perjury that no change in the ownership of the subject property has occurred since the submittal of the title report with the Tentative Map application. If a change in ownership has occurred, the subdivider shall submit a new title report issued within 60 days before the filing of the certificate of completion application;

c.

A statement by a registered civil engineer, licensed land surveyor, or title company verifying that any required access easements extend to a publicly maintained road;

d.

A certificate of completion in the form required by the County Surveyor, prepared for recording, including:

(1)

A list of all requirements imposed as conditions of approval of the Tentative Map, including any requirements for the construction of off-site and on-site improvements;

(2)

A statement signed by the owner under penalty of perjury attesting that all of the conditions of approval of the Tentative Map have been met or provided for under the terms of an acceptable subdivision agreement secured by appropriate surety as prescribed by the Map Act;

(3)

A legal description of each parcel created in substantial conformance with the approved Tentative Map, prepared by a registered civil engineer or licensed land surveyor.

e.

Any required recordation fees.

2.

Review and approval of certificate. The County Surveyor shall review, approve or deny, and complete the processing of a certificate of completion by examining the materials submitted and performing other investigations as necessary to ensure that the following requirements are satisfied:

a.

All record title owners have consented to the subdivision.

b.

The certificate of completion accurately describes the conditions of approval, and that the conditions of approval have been satisfactorily completed.

c.

The legal descriptions on the certificate are accurate, and are in substantial conformance with the approved Tentative Map.

If the County Surveyor is satisfied that the certificate of completion and materials submitted with it comply with the above requirements, the County Surveyor shall place an endorsed approval upon the face of the certificate and shall forward it to the County Recorder. Upon recording, the subdivision shall be deemed completed, and the parcels created by the subdivision may be conveyed or otherwise transferred.

(Ord. No. 3577, 2012)

A Parcel Map shall be reviewed and approved as follows, in compliance with Map Act Sections 66463 et seq. A Parcel Map for which no Tentative Map was required by Section 22.80.030 (Applicability) shall also comply with Section 22.84.060 (Findings for Approval or Denial of Tentative Maps).

A.

Transmittal to, and certification by Director. Within three days of the filing of a Parcel Map in compliance with Subsection 22.86.020.D (Parcel and Final Map Application Filing and Processing - Filing with County Surveyor) the County Surveyor shall transmit the Parcel Map and accompanying materials to the Director. The Director shall sign the Parcel Map and return it to the County Surveyor, or notify the Surveyor that the map is incorrect.

B.

County Surveyor approval and certification. Where the Director and County Surveyor have determined that the Parcel Map is correct, the County Surveyor shall sign and seal the Parcel Map and shall forward the map to the County Recorder; provided that the Board has executed any required improvement agreement in compliance with Section 22.100.060 (Improvement Agreements and Security). The recording fee shall be paid to the County Recorder by the subdivider.

C.

Denial of map.

1.

Criteria for denial. A Parcel Map shall be denied only for failure to meet or perform requirements or conditions that were applicable to the subdivision at the time of approval of the Tentative Map. This Section shall not be construed to require denial of a map when the failure of the map is the result of a technical or inadvertent error which in the opinion of the County Surveyor does not materially affect the validity of the map.

2.

Notification of subdivider. If the map has not been certified as correct by the Director or County Surveyor, the Surveyor shall return the Parcel Map and accompanying materials to the subdivider within three days after a response from the Director. If the Parcel Map does not conform as required above, the subdivider shall be notified, and given the opportunity to make necessary changes and resubmit the Parcel Map, together with all required data.

(Ord. No. 3577, 2012)

Final Maps shall be reviewed, and approved or denied in compliance with this Section, and Map Act Sections 66456 et seq.

A.

Certifications. After determining that the Final Map is technically correct in compliance with Section 22.86.020 (Parcel and Final Map Application Filing and Processing), the Director shall sign the map, and the County Surveyor shall execute the County Surveyor's certificate on the map in compliance with Map Act Section 66442, and shall forward the Final Map to the Board for action.

B.

Review and approval by Board. The Board shall approve or deny the Final Map at its next regular meeting after the County Clerk receives the map, but in no event longer than 50 days after the County Surveyor receives the Final Map from the subdivider, unless that time limit is extended with the mutual consent of the County Surveyor and the subdivider.

1.

Criteria for approval. The Board shall approve the Final Map by resolution if it conforms to all provisions of this Development Code, and all the requirements of the Map Act that were applicable at the time that the Tentative Map was approved, and is in substantial compliance with the approved Tentative Map.

2.

Waiver of errors. The Board 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 Board finds that the failure of the map is a technical or inadvertent error which, in the determination of the Board does not materially affect the validity of the map.

3.

Approval by inaction. If the Board does not approve or deny the map within the prescribed time or any authorized extension, and the map conforms to all applicable requirements and rulings, it shall be deemed approved, and the County Clerk shall certify its approval on the map.

C.

Map with dedications. If a dedication or offer of dedication is required on the Final Map, the Board shall accept, accept subject to improvement, or reject with or without prejudice any or all offers of dedication, at the same time as it takes action to approve the Final 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 Final Map, the Board shall require the subdivider to enter into an agreement with the County as specified in Map Act Section 66462, and Section 22.100.060 (Improvement Agreements and Security), as a condition precedent to the approval of the Final Map.

E.

Transmittal to Recorder. After action by the Board, and after the required signatures and seals have been affixed, the County Clerk shall forward the Final Map to County Recorder for filing.

(Ord. No. 3577, 2012)

In addition to the information required to be included in Section 22.86.020 (Parcel and Final Map Application Filing and Processing) additional information may be required to be submitted and recorded simultaneously with a Parcel or Final Map as required by this Section.

A.

Preparation and form. The additional information required by this Section shall be presented in the form of additional map sheets, unless the Director determines that the type of information required would be more clearly and understandably presented in the form of a report or other document. The additional map sheet or sheets shall be prepared in the same manner and in substantially the same form as required for Parcel Maps by Section 22.86.020 (Parcel Map Filing and Initial Processing).

B.

Content of information sheets. Supplemental information sheets shall contain the following statements and information:

1.

Title. A title, including the number assigned to the accompanying Parcel or Final Map by the County Surveyor, and the words "Supplemental Information Sheet;"

2.

Explanatory statement. A statement following the title that the supplemental information sheet is recorded along with the subject Parcel or Final Map, and that the additional information being recorded with the Parcel or Final Map is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest;

3.

Location map. A location map, at a scale not to exceed one inch equals 2,000 feet. The map shall indicate the location of the subdivision within the County;

4.

Areas subject to flooding. Identification of all lands within the subdivision subject to periodic inundation by water;

5.

Soils or geologic hazards reports. When a soils report or geological hazard report has been prepared, the existence of the report shall be noted on the information sheet, together with the date of the report and the

name of the engineer making the report; and

6.

Information required by conditions of approval. Any information required by the Review Authority to be included on the supplemental information sheet(s) because of its importance to potential successors in interest to the property.

(Ord. No. 3577, 2012)

A.

Consent of interested parties. 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.

County Recorder action. The County Recorder shall review and act upon Parcel and Final Maps filed with that office in compliance with Article 6, Chapter 3 of the Map Act and other applicable provisions of State law.

C.

Effect of recorded map. 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 approval of the Tentative Map.

(Ord. No. 3577, 2012)

A recorded Parcel or Final Map shall be modified to correct errors in the recorded map or to change characteristics of the approved subdivision only in compliance with this Section.

A.

Corrections. In the event that errors in a Parcel or Final Map are discovered after recordation, or that other corrections are necessary, the corrections may be accomplished by either the filing of a certificate of correction or an amending map, as provided by Article 7, Chapter 3 of the Map Act. For the purposes of this Section, "errors" include errors in course or distance (but not changes in courses or distances from which an error is not evident from the Parcel or Final Map), omission of any course or distance, errors in legal descriptions, or any other map error or omission as approved by the County Surveyor that does not affect any property right, including lot numbers, acreage, street names, and identification of adjacent record maps. Other corrections may include indicating monuments set by engineers or surveyors other than the

one that was responsible for setting monuments, or showing the proper character or location of any monument that was incorrectly shown, or that has been changed.

B.

Changes to approved subdivision. In the event that a subdivider wishes to change the characteristics of an approved subdivision, including 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 22.100.060 (Improvement Agreements and Security), a new Tentative and Parcel or Final Map shall be filed and approved as required by Section 22.80.030 (Applicability). Changes to additional information required to be filed or recorded with the Parcel or Final Map, such as building setback lines, may be processed through the Tentative Map Waiver procedure in Section 22.84.035 (Tentative Map Waiver).

(Ord. No. 3577, 2012; Ord. No. 3706, 2019)

Chapter 22.88 - CONDOMINIUMS AND CONDOMINIUM CONVERSIONS[[12]]

Footnotes:

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Editor's note— Ord. No. 3666, § II(exh. A), adopted March 14, 2017, retitled Ch. 22.88 from "Condominiums and Condominium Conversion" to read as herein set out.