Merced Municipal Code Ch. 18.20 Parcel Maps

It is unlawful for any person to convey for purposes of sale or financing, or to lease any parcel in a minor subdivision, unless and until an approved parcel map or other document approved by the city, i.e., instrument of waiver (certificate of compliance), lot line adjustment, merger or reversion, evidencing such minor subdivision is filed with the county recorder.

(Ord. 1342 § 2 (part), 1980: prior code § 25.40(a)).

Any division of land which does not require a tentative and final map is a minor subdivision. All minor subdivisions shall require a parcel map. Maps of proposed minor subdivisions shall be reviewed by the minor subdivision committee, which is hereby established.

(Ord. 1358 § 5 (part), 1980: Ord. 1342 § 2 (part), 1980: prior code § 25.40(b)(part)).

The minor subdivision committee shall consist of the chair of the planning commission, who may appoint a member of the planning commission as an alternate, the director of development services, and the city engineer, or their representatives. In the event any of the above named positions is vacant more than thirty (30) days, the city manager may designate an employee to serve on this committee during the vacancy. The committee shall meet on call of the director of development services, who shall act as secretary of the committee and shall keep records of its activities, which records shall be a public record and shall be made available to the entire membership of the planning commission. The chair of the planning commission shall be chair of this committee. all tentative parcel and parcel maps shall be submitted in a number and form determined by the minor subdivision committee, and shall contain such information as is prescribed by the committee in its established procedures.

(Ord. 1358 § 5 (part), 1980: Ord. 1342 § 2 (part), 1980: prior code § 25.40(b)(part)).

(Ord. No. 2343, § 25, 10-19-2009)

The minor subdivision committee shall have authority to impose such conditions as are deemed necessary to protect the public safety, welfare and convenience, and may waive such provisions of this chapter relating to improvement and design as it deems reasonable under the circumstances. The procedures of the committee shall be approved by resolutions of the planning commission and shall apply uniformly to all applications for parcel maps.

(Ord. 1358 § 5 (part), 1980: Ord. 1342 § 2 (part), 1980: prior code § 25.40(b)(part)).

The minor subdivision committee may:

A. Refer any parcel map to the planning commission for action if the committee feels that the request involves major policy decisions which should be made by the planning commission and city council.

B. Require a tentative and final subdivision map in substitute for a parcel map when the particular circumstances of proposal so warrant.

C. Waive the requirement for a parcel map in those instances where the map would merely correct a minor technical or inadvertent error, or administrative oversight, or where the parcel to be divided meets all requirements of Section 66428 of the Government Code and the ordinance codified in this title and no improvements or dedications will be required. The subdivision shall in any instance meet the required findings of Section 66428 of the Government Code and shall conform to all subdivision regulations otherwise applicable, and the applicant shall be required to furnish a legal description of the property in question, sketch of the proposed subdivision, volume and page numbers of the deed, and whatever other information and materials that may be required by the subdivision committee. When such waiver is granted, the subdivider shall record the instrument of waiver, setting forth the legal descriptions of the parcels before and after subdivision and the basis for the waiver.

(Ord. 1342 § 2 (part), 1980: prior code § 25.41).

A. Dedications or offers of dedication may be made either by certificate on the parcel map or by separate instrument. If dedications or offers of dedication are made by separate instrument, such dedications or offers of dedication shall be recorded prior to or concurrently with the parcel map being filed for record.

B. The city clerk is authorized to accept dedications by certificate on parcel maps.

C. Whenever an offer of dedication appears on a parcel map, the city engineer shall submit the parcel map to the city clerk for acceptance, consistent with the applicable provisions of this title.

(Ord. 1342 § 2 (part), 1980: prior code § 25.42).

The legal owner of record, or his authorized representative, desiring the reparceling of any lot or lots or parcels of land under the provisions of this chapter shall file five (5) copies of a tentative parcel map with the minor subdivision committee at least twenty-five (25) days prior to the meeting of the committee at which consideration is desired. The representative of the minor subdivision committee authorized to receive such maps shall examine any such map upon presentation and shall not accept such map unless the same is in full compliance with this chapter as to form, the date, information and other matters required to be shown thereon. The tentative map shall not be considered as filed until stamped, signed and dated by said representative. The representative of the minor subdivision committee shall distribute copies of the tentative parcel map to affected city departments, local utility companies serving the property, and other individuals or agencies as it is deemed advisable. The department, utility company, individual or agency receiving a copy of the tentative parcel map may respond regarding any concerns or requirements within fifteen (15) days from the date the map was mailed. If a reply is not received within the fifteen-day period it shall be assumed that the tentative parcel map conforms with the requirements of the particular department, utility company, individual or agency.

(Ord. 1342 § 2 (part), 1980: prior code § 25.43(a)).

Tentative parcel maps shall comply with the requirements of Sections 18.16.060 through 18.16.090.

(Ord. 1342 § 2 (part), 1980: prior code § 25.43(b)).

A tentative parcel map shall not be approved or conditionally approved by the minor subdivision committee unless the minor subdivision committee finds that the proposed parcel map, together with the provisions for its design and improvements, is consistent with the general plan and applicable specific plans of the city.

(Ord. 1342 § 2 (part), 1980: prior code § 25.43(c)).

If the tentative parcel map complies with all of the requirements of this chapter and the Subdivision Map Act, the minor subdivision committee may approve the division, subject to the dedication of necessary rights-of-way for streets and easements, the installation of all improvements along the frontages of the property so divided, as required by the committee, and the installation of all necessary utilities and connections to each lot. All lot sizes shall conform to the provisions of the zoning regulations of the city.

(Ord. 1342 § 2 (part), 1980: prior code § 25.43(d)).

A. If the minor subdivision committee approves the tentative parcel map it may require the construction of reasonable off-site and on-site improvements for the parcels being created. Requirements for the construction of such off-site or on-site improvements shall be notified by certificate on the parcel map, on the instrument evidencing the waiver of the parcel map, or by separate instrument and shall be recorded on, concurrently with, or prior to the parcel map or instrument of waiver of a parcel map being filed for record. The construction of such improvements shall be required prior to the subsequent issuance of a permit or other grant of approval for the development of such parcel. The minor subdivision committee may require the fulfillment of such improvement requirements prior to recording the final parcel map or within a reasonable time following recording of the parcel map and prior to the issuance of a permit or other grant of approval for the development of a parcel upon a finding by the minor subdivision committee that fulfillment of the improvement requirement is necessary for reasons of:

1. The public health and safety; or

2. The required construction is a necessary prerequisite to the orderly development of the surrounding area.

B. If the improvements are required within such a time period, an improvement security shall be posted in one of the forms set forth in Section 18.24.150.

(Ord. 1342 § 2 (part), 1980: prior code § 25.43(c)).

The deposit for processing a minor subdivision parcel map and for inspecting of any improvements required in connection therewith shall be in the amount as is determined by the city engineer as being sufficient to cover the estimated cost of examination and inspection. Upon completion of the work, the finance officer shall determine the actual cost to the city. Final inspection acceptance of the work shall be withheld until all monies due the city are paid. In the event the deposit exceeds the estimate, the difference shall be refunded to the applicant.

(Ord. 1342 § 2 (part), 1980: prior code § 25.44).

If the subdivider is dissatisfied with the action of the subdivision committee, the subdivider may file with the planning commission an appeal to the decision within fifteen days after receiving notification of the decision. The appeal shall be placed on the agenda of the commission within thirty days of the filing of the appeal and after due consideration the commission shall approve, conditionally approve or disapprove the minor subdivision.

(Ord. 1342 § 2 (part), 1980: prior code § 25.45).

A. The subdivider or his agency may file a parcel map with the city engineer for his examination and certification within twelve months after the approval or conditional approval of the tentative map. Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the minor subdivision committee may extend the time for filing a parcel map for a period or periods not exceeding two years, if it determines that conditions affecting the parcel map have not substantially changed. In any case where a parcel map has not been recorded within twelve months or such extended period of time as may be granted by the minor subdivision committee, approval of a new tentative parcel map shall be required.

B. A parcel map shall be prepared by a registered civil engineer or licensed land surveyor and shall substantially conform to the tentative parcel map and conditions thereto as approved by the minor subdivision committee.

(Ord. 1342 § 2 (part), 1980: prior code § 25.46(a)).

A tracing of the parcel map shall be filed with the city engineer. In addition, the subdivider shall deposit with the city the recorder's fee for recording the parcel map, and other fees as may be established by ordinance or resolution.

(Ord. 1358 § 6, 1980: Ord. 1342 § 2 (part), 1980: prior code § 25.46(b)).

A. The parcel map shall conform to the provisions of Chapter 2, Article 3, of the Subdivision Map Act.

B. At least two reference point ties to the California State Plane Coordinate System (1983 NAdatum) shall be shown on the map, if available within one mile of the subdivision. If the distance is greater than one mile, a record tie to a section line or quarter-section line and from a section corner or quarter-section corner shall be shown on the map and the distance from a point on the outer line of a subdivision to a point on a section line or the angle between the tie line and the section line upon which the control point falls.

(Ord. 1769 § 1, 1990: Ord. 1342 § 2 (part), 1980: prior code § 25.4b(c)).

The parcel map shall contain a certificate, which shall be signed and acknowledged by all parties having any record title interest in the real property being subdivided, consenting to the preparation and recording of the parcel map. Such signatures shall be in accordance with the provisions of Section 18.24.050(A) pertaining to final maps.

(Ord. 1342 § 2 (part), 1980: prior code § 25.46(d)).

If dedications of streets, alleys, walkways, easements, public utility easements, or other public ways, or access rights are required by the minor subdivision committee as conditions of approval of a parcel map, such dedications shall either be shown on and offered by a certificate on the parcel map or made by separate instrument as determined by the city engineer. Such certificate, or instrument shall be signed by those parties having any record title interest in the real property being subdivided in accordance with the provisions of Section 18.24.050(A) pertaining to final maps.

(Ord. 1342 § 2 (part), 1980: prior code § 25.46(e)).

Offers of dedication as set forth in Section 18.20.200 shall be reviewed by the city engineer for compliance with the conditions of approval imposed by the minor subdivision committee. If all offers of dedication are in accordance with the requirements of the minor subdivision committee, the city engineer shall recommend the acceptance of such dedications by the authorized official of the city.

(Ord. 1342 § 2 (part), 1980: prior code § 25.46(g)).

Upon receipt of the parcel map, together with the recording fees, and any required improvement security, the city engineer shall examine the same to determine whether the map is technically correct and substantially conforms with the tentative parcel map and with all changes and requirements imposed as conditions of approval by the minor subdivision committee. The city engineer shall also refer the parcel map to the secretary of the minor subdivision committee for examination and determination if all of the lots and parcels created by said map conform with the requirements and the zoning regulations of the city. If the city engineer determines that the parcel map fully conforms with all of the requirements set forth in this chapter, he shall so certify on the map.

(Ord. 1342 § 2 (part), 1980: prior code § 25.46(f)).

Upon certification by the city engineer, the parcel map shall be transmitted to the city clerk, who shall cause the map to be recorded in the office of the county recorder.

(Ord. 1342 § 2 (part), 1980: prior code § 25.46(h)).

Prior to the recordation of a parcel map which will result in the division of any existing building or buildings into separate units or parts, the applicant shall secure certification by the chief building official that any building or buildings to be divided will, after division, meet current code standards for new construction. As used in this section, the phrase "current code standards" refers to all standards in the current adopted editions of the building code, electrical code, plumbing code, mechanical code and fire code of the city.

(Ord. 1342 § 2 (part), 1980: prior code § 25.47).

A lot line adjustment between two or more adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not created, may be approved by resolution of the minor subdivision committee, without the approval and filing of a parcel map. Applications for lot line adjustments shall be filed with the minor subdivision committee and shall be in the form and contain the information required by the minor subdivision committee.

A lot line adjustment shall not be approved unless the diminished parcel and any structures or parking spaces located thereon will comply with area, width, frontage, and yard requirements of the zone in which the parcel is located. The lot line adjustment shall not be complete until a deed is recorded in the office of the county recorder and monuments have been placed at the new lot lines and a record of survey recorded in the office of the county recorder.

(Ord. 1342 § 2 (part), 1980: prior code § 25.48).

Whenever improvements which are required to be constructed as a condition of approval of a parcel map have not been so constructed within the period of time allowed, the city shall have the authority to cause the improvements to be constructed according to any procedure allowed by law.

(Ord. 1342 § 2 (part), 1980: prior code § 25.49).

Upon receipt of an application from the person required to construct the improvements and an agreement by the person that he will comply with the requirements if allowed additional time, the minor subdivision committee may grant an extension of time, for a period or periods not exceeding a total of one year, within which to complete the improvements.

(Ord. 1853 § 8, 1993: Ord. 1342 § 2 (part), 1980: prior code § 25.50).