McFarland Municipal Code Ch. 16.36 Parcel Maps

The council incorporates this chapter into this title in order to adopt rules, regulations and specifications for the division, either by lease, sale or financing of any land, including land divided into four parcels or less, which is a subdivision regulated by the Subdivision Map Act and/or the preceding chapters of this title.

(Ord. 182 §10(A), 1980)

The commission is designated as the advisory agency referred to in Chapter 2 of the Subdivision Map Act and is charged with the duty of making investigations and reports on the design and improvements of proposed divisions of land under this chapter. The city planner is designated as the secretary to the advisory agency with authority to receive parcel maps.

(Ord. 182 §10(B), 1980)

The person or agency dividing land under this chapter shall file a tentative parcel map with the secretary of the planning commission not less than thirty days before the date of the planning commission meeting at which such map is to be considered. Such filing shall be prior to the start of any grading or construction work within the proposed division of land. The tentative parcel map shall be submitted in the same manner as provided for subdivisions as to area improvement and design, flood and water drainage control, and as to required public improvements.

(Ord. 182 §10(C), 1980)

A person desiring to divide land subject to the provisions of this chapter shall submit the tentative parcel map therefor in accord with the following requirements:

A. Filing. Fifteen copies of the tentative parcel map shall be filed with the secretary of the planning commission. The tentative parcel map shall be legibly drawn, on eighteen-inch by twenty-six-inch tracing paper suitable for reproduction, to a scale and in a manner to best illustrate the proposed division. The scale shall be not less than two hundred feet to the inch.

B. Fees. At the time of filing the tentative parcel map, a fee shall be paid to the city in such amount as may be established by the city council from time to time by resolution.

C. Acceptance. The city engineer shall examine any such tentative parcel map within five working days of presentation and shall not accept such map unless the map is in full compliance with the provisions of this title and the Subdivision Map Act of the state as to form, data, information and other matters to be shown on or furnished therewith.

D. Distribution. The secretary of the planning commission shall immediately forward copies of the tentative parcel map to each of the following:

1. The city manager (one copy);

2. The city planner (one copy);

3. The city engineer (two copies);

4. The appropriate utility companies (two copies each);

5. Others required.

E. Agency or Department Action. The department or agency receiving a copy of the tentative parcel map shall file a report within fifteen days after the receipt thereof. If a reply is not received prior to the meeting at which consideration of the map is made, it will be assumed that the map conforms to the requirements of the particular agency or department concerned.

(Ord. 182 §10(D), 1980)

The tentative parcel map shall contain the following information:

A. The name and address of the person preparing the parcel map and the legal owner of record of the land, and applicant if different from the legal owner of record.

B. The boundary line of the entire parcel, including the area to be divided, with dimensions based on existing survey data or property descriptions.

C. The proposed division lines, approximate dimensions, and approximate acreage or square footage of each proposed parcel.

D. The identification of each parcel with a letter designation.

E. All existing surface and underground structures and improvements located on the original parcel, together with their dimensions, the distance between them, the distance to division and property lines, and the number of stories or the height of each structure.

F. The names, widths and locations of all existing and proposed streets abutting or traversing the original parcel, and a statement if the street is private and/or a statement if the street does not actually exist on the ground.

G. The location, purposes, width and recorded owners of all existing and proposed easements or private rights- of-way abutting or traversing any part of the original parcel. Easement boundaries shall be shown by means of dotted lines.

H. An accurate description of the original parcel.

I. The date of preparation, north arrow and scale of the drawing.

J. The existing and proposed uses of the property.

K. The proposed method of sewage disposal.

L. The proposed domestic water supply.

M. The assessor's parcel numbers.

N. The new street names.

O. The approximate location and width of watercourses of areas subject to inundation from floods, and the location of structures, irrigation ditches and other permanent features.

P. Any railroads.

Q. The approximate radius of curves.

R. A location map showing the original parcels and surrounding area.

S. The existing zone designation of the original parcels.

(Ord. 182 §10(E), 1980)

The commission shall review the tentative parcel map and approve, conditionally approve or disapprove the map within thirty days after the receipt of the map, or at such later date as may be required to concurrently process the appurtenant environmental review documents required by state law and local regulations adopted in implementation thereof. The commission may approve the map only if all of the following conditions are met:

A. The division conforms to all applicable zoning regulations, the provisions of this title and the requirements of the improvement standards of the city and the Subdivision Map Act.

B. All parcels proposed shall have road and public utility easement access in accordance with improvement standards, allowing access to each parcel and such roads shall be dedicated to the city.

(Ord. 182 §10(F), 1980)

If the applicant is dissatisfied with the decision of the commission he may, within fifteen days after the decision of the commission, appeal in writing to the council for a hearing thereon. Such hearing need not be concluded on the day thus set but may be continued.

(Ord. 182 §10(G), 1980)

Any division of land not subject to a parcel map procedure by the provisions of the Subdivision Map Act shall be exempt from the provisions of this chapter.

(Ord. 182 §10(H), 1980)

Pursuant to the provisions of the Subdivision Map Act, the subdivider shall install, construct and/or provide all on-site or off-site improvements as recommended by the city engineer and as required by the commission, and the nature, extent and design of such improvements and the guaranteeing of completion thereof shall be in full conformance with Chapter 16.28, all of which shall comply with Government Code Section 66411.1 of the Subdivision Map Act.

(Ord. 182 §10(I), 1980)

Pursuant to the Subdivision Map Act, the subdivider shall provide such dedication of such rights-of-way and/or easements as may be required by the commission.

(Ord. 182 §10(J), 1980)

The commission may, at its discretion, require that offers of dedication or dedication of streets include a waiver of direct access rights to any such streets from any property shown on the final parcel map as abutting thereon in accord with the provisions of the Subdivision Map Act.

(Ord. 182 §10(K), 1980)

The tentative map shall expire twelve months after it has been approved or conditionally approved by the commission or by the council in the case of an appeal.

(Ord. 182 §10(L), 1980)

Within twelve months from the date of approval by the commission, or by the council in the case of an appeal of the tentative parcel map, and upon the accomplishment of all dedications by certification on the map and required construction of all public improvements, or the execution of an agreement and provision of surety providing therefor, and the payment of all applicable fees and charges, the applicant may submit a final parcel map with the city engineer for his examination prior to filing. Within twenty days after receiving the final parcel map, the city engineer shall examine it for the survey information shown thereon, and if satisfied that it is technically correct, he shall place his certificate thereon per Government Code Section 66450 of the Subdivision Map Act, and immediately thereafter file the map with the secretary of the planning commission, who shall approve the final parcel map if it substantially conforms to the approved tentative parcel map and all applicable provisions of the Subdivision Map Act and this title. The appropriate certificates, as provided by the applicant in accordance with the provisions of the Subdivision Map Act, shall be signed by the city engineer and the secretary of the planning commission. The city clerk shall then transmit the map to the county recorder for recording.

(Ord. 182 §10(M), 1980)

A. The city council may, at its discretion, waive the final parcel map when the division is solely for the purpose of conveyance to an adjacent property owner, or when one or more of the following conditions is found to exist:

1. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements have been required by the city; or

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

3. 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 city as to street alignments or widths; or

4. Each parcel created by the division has a gross area of not less than forty acres or is not less than a quarter of a quarter section; provided, however, that the city requires that a tentative and final parcel map be approved for a subdivision in which one or more of the resultant parcels is between forty acres and sixty acres in size.

B. If the city council elects to waive the filing of a final parcel map it shall make the following finding: That the proposed division of land complies with all requirements established by the Subdivision Map Act and all city ordinances enacted pursuant thereto as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act and city ordinances enacted pursuant thereto.

(Ord. 182 §10(N), 1980)