Modesto Municipal Code Art. 5 Parcel Maps

Land may be divided by parcel map, when such division is authorized by provisions of the Subdivision Map Act, by first obtaining Planning Commission approval of a tentative parcel map and by subsequently recording the parcel map in the office of the County Recorder.

(Ord. 1041-N.S., amended by Ord. 413-C.S., Ord. 836-C.S., Ord. 1015-C.S., Ord. 1254-C.S., Ord. 1436-C.S., and Ord. 1437-C.S., effective 3-10-75)

(a) Applications for tentative subdivision maps shall be filed with the Secretary of the Planning Commission and shall conform to all requirements for the form of Maps and associated information required to be submitted with map applications as established from time to time by resolution of the City Council. Said submittal requirements shall be made available in writing to applicants upon request. The map application shall not be deemed complete until all such submittal requirements have been fully satisfied. The representative of the Planning Commission shall distribute copies of the tentative parcel map to affected City departments, local utility companies serving the property, and such other individuals or agencies as 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 said fifteen (15) day period it shall be assumed that the tentative parcel map conforms with the requirements of the particular department, utility company, individual or agency.

(b) Consistency with General Plan. A tentative parcel map shall not be approved or conditionally approved by the Planning Commission unless the Planning Commission 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.

(c) Requirements for Approval. If the tentative parcel map complies with all of the requirements of this article and the Subdivision Map Act, the Planning Commission may approve the division, subject to the dedication of necessary right-of-way for streets and easements, the installation of all improvements along the frontages of the property so divided, as required by the Commission, 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 of Modesto.

(d) Limitations on Approval. A tentative parcel map shall not be approved or conditionally approved by the Planning Commission if it makes any of the following findings:

(1) That the proposed map is not consistent with applicable general and specific plans.

(2) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

(3) That the site is not physically suitable for the type of development.

(4) That the site is not physically suitable for the proposed density of development.

(5) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

(6) That the design of the subdivision or the type of improvements is likely to cause serious public health problems.

(7) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large for access through or use of property within the proposed subdivision. In this connection, the Planning Commission may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easement of record or to easements established by judgment of a court of competent jurisdiction.

(e) Improvements. If the Planning Commission 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 noticed by certificate on the parcel map, on the instrument evidencing the waiver of such 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 Planning Commission may require the fulfillment of such improvement requirements within a reasonable time following approval 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 Planning Commission 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.

If the improvements are required within such a time period, the Planning Commission may require an improvement security to be posted in one of the forms set forth in subsection (b) of Section 4-4.605.

(f) Requirement for Street Trees. As a condition of approval for parcel maps, it is the policy of the City of Modesto to require street trees to be planted and maintained along the street frontages of the affected properties and conform to the City of Modesto Street Tree Plan. The subdivider of a parcel shall be responsible for planting such street trees.

(g) Drainage Facilities. Whenever the City, by ordinance, has adopted a drainage plan for a particular drainage area, pursuant to Section 66483 of the Government Code of the State of California, each subdivider filing a parcel map for the division of land, any part of which is located within the boundaries of such a drainage area and the tentative map of which is filed after the effective date of the addition of this subsection, shall pay to the City at the time of the filing of the parcel map, as a condition of approval thereof, such fees as may be required by said ordinance. The Council may, by resolutions or agreements adopted or entered into from time to time, establish conditions under which such fees may be spread over a period of time.

(h) Appeal. If the property owner or any interested person is dissatisfied with any action of the Planning Commission with respect to the tentative parcel map, or the kinds, nature and extent of the improvements required by the Planning Commission, he may, within fifteen (15) days after such action is taken by the Planning Commission, appeal in writing to the City Council for a public hearing thereon. The City Council shall hear the appeal, upon notice being given in accordance with the provisions of Section 66451.3 of the Government Code and to the appellant and the Planning Commission, within thirty (30) days after the date of filing the appeal, unless the appellant consents to a continuance. At the time fixed for the hearing the City Council shall proceed to hear the testimony of the appellant or any witnesses in his behalf. It may also hear the testimony of other competent persons relative to the character of the neighborhood in which the parcel is located; the kinds, nature and extent of improvements; or the quality or kinds of development to which the area is best adapted; and any other phase of the matter which it may desire to inquire into. Upon conclusion of the hearing the City Council shall, within ten (10) days, declare its findings based upon the testimony and documents produced before it. It may sustain, modify, reject or overrule any recommendations or rulings of the Planning Commission and may make such findings as are not inconsistent with the provisions of this chapter and the Subdivision Map Act.

(Ord. 1041-N.S., amended by Ord. 413-C.S., Ord. 836-C.S., Ord. 847-C.S., Ord. 1191-C.S., Ord. 1436-C.S., Ord. 1437-C.S., Ord. 1613-C.S., Ord. 1668-C.S., Ord. 1669-C.S., Ord. 2117-C.S., § 1, Ord. 2447-C.S., § 1, Ord. 2802-C.S., § 1, amended during 11-98 supplement and Ord. 3435-C.S., effective 4-5-07)

(Ord. 3578-C.S., § 1, effective 11-2-12)

(a) Filing Within Twenty-Four Months of Tentative Approval. The subdivider or his/her agent may file a parcel map with the Community and Economic Development Director for his/her examination and certification within twenty-four (24) months after the approval or conditional approval of the tentative map. A map shall be deemed to be filed when it is accepted by the City as being in compliance with the provisions of this chapter and in substantial compliance with the tentative map. The twenty-four (24) month period shall not include any days during which the final map is being reviewed by the City. Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the Planning Commission may extend the time for filing a parcel map for a period or periods not exceeding two (2) 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 twenty-four (24) months or such extended period of time as may be granted by the Planning Commission, approval of a new tentative parcel map shall be required.

If a subdivider's application for an extension of time for filing a parcel map is denied by the Planning Commission, the subdivider may appeal to the City Council within fifteen (15) days after the Planning Commission has denied the time extension. The City Council shall hear such appeal in accordance with the provisions of Section 4-4.404(f) of this chapter.

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 Planning Commission.

(b) Fees. A tracing of the parcel map shall be filed with the Community and Economic Development Director. In addition, the subdivider shall deposit with the City the Recorder's fee for recording the parcel map.

(c) Form of Parcel Map. The parcel map shall conform to the provisions of Section 4-4.602 for final maps where applicable. The map shall show the definite location of the parcel or parcels and particularly their relation to surrounding surveys. The location of any remainder of the original parcel shall be shown, but need not be shown as a matter of survey, but only by reference to the existing record boundaries if such remainder has a gross area of five (5) acres or more.

The parcel map may be compiled from record data when sufficient survey information exists on filed maps to locate and retrace the exterior boundary lines of the parcel map and when the location of at least one (1) of these boundary lines can be established from an existing monument line. In any case, the parcel map may be based upon a field survey made in conformance with the Land Surveyor's Act.

(d) Consent by Owner. 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 4-4.603(a)(1) of this chapter pertaining to final maps.

(e) Dedications. If dedications of streets, alleys, walkways, easements, public utility easements, or other public ways, or access rights are required by the Planning Commission 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 Community and Economic Development Director. 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 4-4.603(a)(1) of this chapter pertaining to final maps.

(f) Certification by Community and Economic Development Director. Upon receipt of the parcel map, together with the recording fees, and any required improvement security, the Community and Economic Development Director shall examine the same to determine whether said 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 Planning Commission. The Community and Economic Development Director shall also refer the parcel map to the Secretary of the Planning Commission 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 of Modesto. If the Community and Economic Development Director shall determine that the parcel map fully conforms with all of the requirements set forth herein, he/she shall so certify on said map.

(g) Acceptance of Dedications. Offers of dedication as set forth in subsection (e) of this section shall be reviewed by the Community and Economic Development Director for compliance with the conditions of approval imposed by the Planning Commission. If all offers of dedication are in accordance with the requirements of the Planning Commission, the Community and Economic Development Director shall consent to such dedications and shall accept such dedications by a certificate on the parcel map.

(h) Recordation of Parcel Maps. Upon certification by the Community and Economic Development Director, the parcel map shall be transmitted to the City Clerk, who shall cause said map to be recorded in the office of the County Recorder.

(Ord. 413-C.S., amended by Ord. 836-C.S., Ord. 867-C.S., Ord. 1254-C.S., Ord. 436-C.S., Ord. 1437-C.S., Ord. 2217-C.S., § 1, Ord. 2156-C.S., § 1, Ord. 2662-C.S., § 1, Ord. 2847-C.S., § 1, Ord. 3128-C.S., § 4, and Ord. 3364-C.S., § 3, effective 12-9-04)

(Ord. 3578-C.S., § 1, effective 11-2-12)

No building permit shall be issued for the construction of any building, structure or other work on any parcel proposed to be created until a parcel map has been approved in accordance with the provisions of this article and the Subdivision Map Act, and recorded in the office of the County Recorder.

(Ord. 413-C.S., amended by Ord. 836-C.S., Ord. 1254-C.S., Ord. 1436-C.S., and Ord. 1437-C.S., effective 3-10-75)

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 of Modesto.

(Ord. 1386-C.S., Ord. 1436-C.S., and Ord. 1437-C.S., effective 3-10-75)

(a) In General. A lot line adjustment between two (2) or more adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and a greater number of parcels than originally existed is not thereby created, may be approved by the Secretary of the Planning Commission, without the approval and filing of a parcel map. A lot line adjustment shall not be approved unless the parcels and any structure(s) or parking space(s) located thereon will comply with requirements of the zone in which the parcel is located and applicable building regulations; except that where existing parcels or structures are nonconforming with respect to zone requirements, a lot line adjustment may be approved so long as the degree of nonconformance is not increased.

(b) Filing and Approval. An application for a lot line adjustment shall be filed with the Secretary of the Planning Commission and shall be in the form and contain the information required by the Secretary of the Planning Commission. Upon receipt of an application, the Secretary of the Planning Commission shall review the proposal for compliance with the provisions of Section 4-4.506(a). Following review of the application, the Secretary may approve or disapprove the lot line adjustment by executing an appropriate certificate of approval or denial.

(c) Conditions of Approval. The Secretary of the Planning Commission may require that a property survey of the altered parcels be made and a record of survey recorded in accordance with the provisions of the California Land Surveyors Act (Chapter 15, Division 3, of the Business and Professions Code). The Secretary of the Planning Commission may also impose such other reasonable conditions as the Secretary deems necessary to establish a record of the lot line adjustment, or to provide for utility services to the affected parcels.

(d) Appeals. Any person may, within fifteen (15) days after the approval or denial of a lot line adjustment by the Secretary of the Planning Commission, appeal such action in writing to the Planning Commission. The Planning Commission shall consider the appeal upon notice to the appellant, the applicant and any interested party requesting notice, within fifteen (15) days or at its next succeeding regular meeting unless the appellant and applicant both consent to a continuance. At the Planning Commission meeting at which the appeal is considered, the Planning Commission shall hear the testimony of the appellant, the applicant and any interested party requesting to be heard. The Planning Commission may, by resolution, sustain, modify, reject or overrule any action of the Secretary of the Planning Commission with respect to the lot line adjustment. The action of the Planning Commission with respect to the lot line adjustment application shall be final unless the Planning Commission decision is appealed to the City Council in accordance with the provisions of Section 4-4.404(f) of this chapter pertaining to tentative maps.

(Added by Ord. 1613-C.S., amended by Ord. 2014-C.S., § 1, and Ord. 2414-C.S., § 1, effective 5-22-86)

The Planning Commission may waive the requirements for a parcel map which are established by this chapter and the Subdivision Map Act provided it is shown by the subdivider and findings are made by the Planning Commission that the proposed division of land complies with all requirements for a parcel map which have been established by the Modesto Municipal Code and the Subdivision Map Act 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 this Code and the Subdivision Map Act. A request for waiver of parcel map requirements shall be made in writing to the Planning Commission and shall include necessary information to demonstrate that the requested waiver will comply with all conditions for such waiver which are established by this section and the Subdivision Map Act. A request for waiver of parcel map requirements shall be filed at least twenty-five (25) days prior to the meeting of the Commission at which consideration is desired and shall be accompanied by fifteen (15) copies of a tentative parcel map which has been prepared in accordance with the requirements for tentative parcel maps established by Section 4-4.502. Acceptance, distribution and agency action on such tentative parcel maps shall be in accordance with the provisions of Section 4-4.502 relating to tentative parcel maps.

(Added by Ord. 1613-C.S., effective 5-5-77)

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 said improvements to be constructed according to the following procedure.

The Community and Economic Development Director shall give at least thirty (30) days' notice in writing to the owner(s) of said parcel(s) to construct said improvements. Said notice shall set forth the location of the parcel, the improvements to be constructed, and the number of the resolution approving the parcel map and the volume and page at which the parcel map is recorded in the Stanislaus County Records. Said notice shall be deemed to have been delivered five (5) days after deposit in the United States mail.

(Amended by Ord. 3128-C.S., § 4, and Ord. 3364-C.S., § 3, effective 12-9-04)

(Ord. 3578-C.S., § 1, effective 11-2-12)

Whenever the required construction is not commenced within thirty (30) days after delivery of notice or within any period of extension granted pursuant to this article, the City Council may authorize the Community and Economic Development Director to have said improvements constructed.

(Amended by Ord. 3128-C.S., § 4, and Ord. 3364-C.S., § 3, effective 12-9-04)

(Ord. 3578-C.S., § 1, effective 11-2-12)

Upon receipt of an application from the person required to construct said improvements and an agreement by such person that he/she will comply with the requirements if allowed additional time, the Community and Economic Development Director may, in his/her discretion, grant an extension of time, not to exceed an additional one hundred twenty (120) days, within which to complete said improvements.

(Amended by Ord. 3128-C.S., § 4, and Ord. 3364-C.S., § 3, effective 12-9-04)

(Ord. 3578-C.S., § 1, effective 11-2-12)

No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the City engaged in the work of constructing said improvements pursuant to the provisions of this article, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this article.

When any work is to be done pursuant to this article, the Community and Economic Development Director shall cause the work to be accomplished by City personnel or by contract. Plans and specifications therefor may be prepared by the Community and Economic Development Director, or he/she may employ such architectural and engineering assistance on a contract basis as he/she may deem reasonably necessary.

(Amended by Ord. 3128-C.S., § 4, and Ord. 3364-C.S., § 3, effective 12-9-04)

(Ord. 3578-C.S., § 1, effective 11-2-12)

Initially, the cost of such work shall be paid by the City. Such costs may be recovered by a special assessment against the property involved, or may be made a personal obligation of the property owner or both, whichever the City Council may determine appropriate.

The Community and Economic Development Director shall keep an itemized account of the expenses incurred by the City in the construction of any improvements done pursuant to the provisions of this article. Upon the completion of the work, the Community and Economic Development Director shall prepare and file with the City Clerk a report specifying the work done, the itemized and total cost of the work, a description of the location and type of improvements, and the names and addresses of the persons entitled to notice.

(Amended by Ord. 3128-C.S., § 4, and Ord. 3364-C.S., § 3, effective 12-9-04)

(Ord. 3578-C.S., § 1, effective 11-2-12)

Upon receipt of said report, the City Clerk shall present it to the City Council for consideration. The City Council shall fix a time, date and place for hearing said report, and any protests or objections thereto. The City Clerk shall cause notice of said hearing to be posted upon the property involved, published once in a newspaper of general circulation in the City, and served by certified mail, postage prepaid, addressed to the owner of the property as his/her name and address appears on the last equalized assessment roll of the county, if such so appear, or as known to the Clerk. Such notice shall be given at least ten (10) days prior to the date set for hearing and shall specify the day, hour, and place when the Council will hear and pass upon the Community and Economic Development Director's report, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected by the proposed charge.

(Amended by Ord. 3128-C.S., § 4, and Ord. 3364-C.S., § 3, effective 12-9-04)

(Ord. 3578-C.S., § 1, effective 11-2-12)

Any person interested in or affected by the proposed charge may file written protests or objections with the City Clerk at any time prior to the time set for the hearing on the report of the Community and Economic Development Director. Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objection. The City Clerk shall endorse on every such protest or objection the date it was received and shall present such protests or objections to the City Council at the time set for the hearing.

(Amended by Ord. 3128-C.S., § 4, and Ord. 3364-C.S., § 3, effective 12-9-04)

(Ord. 3578-C.S., § 1, effective 11-2-12)

Upon the day and hour fixed for the hearing the City Council shall hear and pass upon the report of the Community and Economic Development Director together with any such objections or protests. The Council may make such revision, correction or modification in the report or the charge as it may deem just; and when the Council is satisfied with the correctness of the charge, the report (as submitted or as revised, corrected or modified) together with the charge, shall be confirmed or rejected. The decision of the City Council on the report and the charge, and on all protests or objections, shall be final and conclusive.

(Amended by Ord. 3128-C.S., § 4, and Ord. 3364-C.S., § 3, effective 12-9-04)

(Ord. 3578-C.S., § 1, effective 11-2-12)

(a) General. The City Council may thereupon order that said charge shall be made a personal obligation of the property owner and/or assess said charge against the property involved.

(b) Personal Obligation. If the City Council orders that the charge shall be a personal obligation of the property owner, it may direct the Director of Finance and/or the City Attorney to collect the same on behalf of the City by use of all appropriate legal remedies.

(c) Special Assessment. If the City Council orders that the charge shall be assessed against the property, it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter said assessment shall constitute a special assessment against and a lien upon the property.

The validity of any assessment made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within thirty (30) days after the assessment is placed upon the assessment roll as provided herein.

The City Council, in its discretion, may determine that an assessment in the amount of five hundred dollars ($500.00) or more shall be payable in not to exceed five (5) equal annual installments. The Council's determination to allow payment of such assessments in installments, the number of installments, whether they shall bear interest, and the rate thereof shall be by resolution.

(a) Priority. Immediately upon its being placed on the assessment roll the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be liens against the lots or parcels of land assessed respectively. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property, and shall be paramount to all other liens except for State, County and municipal taxes with which it shall be upon a parity. The lien shall continue until the assessment and all interest due and payable thereon are paid.

(b) Interest. All such assessments remaining unpaid after thirty (30) days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate of seven (7) percent per annum from and after said date.

After confirmation of the report, certified copies of the assessment shall be given to the County Assessor and the County Tax Collector, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes.

The amount of the assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected; and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such assessment.

If the City Council has determined that the assessment shall be paid in installments, each installment and any interest thereon shall be collected in the same manner as ordinary municipal taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedures for sale as provided for ordinary municipal taxes.

All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the City Treasurer, who shall deposit it in the appropriate fund.

(Added by Ord. 1627-C.S., effective 8-17-77)

On or after January 1, 1988, a vesting tentative parcel map for residential and nonresidential developments may be filed with the Planning Commission instead of a tentative parcel map otherwise required by this chapter. The vesting tentative parcel map shall be subject to all provisions of this article pertaining to other tentative parcel maps and shall confer on the developer all development rights and shall be subject to the conditions pertaining to vesting tentative maps for subdivisions as specified by Section 4-4.405.

(Added by Ord. 2386-C.S., § 2, amended by Ord. 2616-C.S., § 2, effective 11-24-88)