§ 9-11

a.

When tentative map has been approved with a condition that a parcel map be required, and prior to the expiration of the tentative map, and the subdivision boundary shall be surveyed or referenced and a parcel map shall be prepared by a registered civil engineer or a licensed land surveyor in conformance with the approved, or conditionally approved tentative map and with the requirements as set forth in this chapter.

b.

The community development director may waive the requirement for a parcel map when all of the following conditions are met:

1.

The community development director finds that the subdivision complies with the requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and other requirements of the Subdivision Map Act and this chapter.

2.

The parcel map is imposed by Government Code Section 66426.

c.

A parcel map shall not be required for:

1.

Subdivisions of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code which are created by short-term leases (terminable by either party or not more than 30 days' notice in writing); or

2.

Land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates such a parcel map.

d.

Even though the requirement for a parcel map may be waived by the community development director or exempted by paragraph c. above, a tentative map in conformance with this chapter may be required by the community development director in conformance with Section 66428 of the Subdivision Map Act.

(Ord. No. 749, § 7.11.004; Ord. No. 989, § 1; Ord. No. 1059, § 14; Ord. No. 1128, §§ 20, 21)

9-11.004 Filing. The licensed land surveyor or registered civil engineer who prepared the map shall file with the city department of community development and other affected agencies, departments, districts, and companies the number of copies of the parcel map required by the city engineer.

(Ord. No. 749, § 7.11.004; Ord. No. 989, § 1)

9-11.006 Form and Content. The form and content as set forth for final maps in this chapter shall also apply to parcel maps except that:

a.

The name of the subdivider and the recorded document by which he gained title shall be shown in the parcel map title.

b.

Form, content, and certificates on the parcel map shall conform to the requirements of the Subdivision Map Act. Acceptance or rejection, on behalf of the public, of dedications, parcels or easements shall be made by the city engineer. The parcel map shall contain a certificate by the engineer or surveyor responsible for the preparation of the map that states that all monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before a specified date. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced.

c.

Dedications, easements, and parcels for use by the public may be conveyed by grant deed or by easement prior to recording the parcel map.

d.

A soil report notation shall not be required on a parcel map.

(Ord. No. 749, § 7.11.006; Ord. No. 1059, § 15)

9-11.008 Documents to be Submitted with the Parcel Map.

a.

Documents to be submitted with the parcel map shall be the same as those required for final maps in subsection 9-9.008 with the following modifications and exceptions:

b.

The requirement for a drainage map and drainage calculations may be waived by the city engineer.

(Ord. No. 749, § 7.11.008)

9-11.010 City Engineer's Action on Parcel Maps.

a.

The city engineer shall check the parcel map for technical accuracy, conformance with State law, conformance with city ordinances and standards, and conformance with the conditions of approval.

Prior to further action on the parcel map, the material and documents required in subsection 9-9.010 must be submitted to the community development department with the following modifications and exceptions:

1.

Letters from utility companies, agencies, districts, and departments may not be required.

2.

One print of the parcel map is required.

3.

Signed and notarized originals of all grant deeds and grants of easements in which the city is the grantee must be delivered to the city engineer.

4.

Where on-site or off-site improvement requirements have been imposed as a condition of the division for which the parcel map is being prepared, a certificate shall be placed on the parcel map giving evidence of such requirement(s).

b.

After completion and receipt of signed documents and material listed in subsection 9-9.010 as modified above, the city engineer shall take the following action:

1.

Any grant deeds or easements effected by separate instrument shall be accepted or consented to and recorded, and the recording information shall be shown on the parcel map.

2.

If dedications, easements, or parcels are offered to the city on the parcel map, the city engineer shall, on behalf of the public, accept or reject such dedications, easements or parcels. Such acceptance or rejection shall be shown in the city engineer's certificate.

3.

After verifying that the parcel map conforms to all ordinances and the conditions of approval, the city engineer shall sign the map and transmit it to the county recorder for recording.

4.

In the case of a parcel map for which no tentative map was required, the city engineer shall make the findings required by subsection 9-7.002e2 prior to approval or the findings required by subsection 9- 7.002e3 prior to denial of the parcel map.

(Ord. No. 749, § 7.11.010; Ord. No. 967, § 14; Ord. No. 989, § 1)

9-11.012 City Records. Within 30 days of the recording of a parcel map, the subdivider shall deliver to the city engineer a permanent, reproducible, 3-mil thick, polyester-based film copy of the recorded parcel map. At the same time the subdivider shall deliver to the city engineer three prints of the recorded parcel map.

(Ord. No. 749, § 7.11.012)

9-11.014 Correction or Amendment of Parcel Maps. After a parcel map is filed in the office of the county recorder, it may be amended by a certificate of correction or an amending map pursuant to Sections 66469 through 66472.1 of the Subdivision Map Act.

(Ord. No. 967, § 15)

• 9-12 - Reserved.

9-13 - Maps for Lot Line Adjustments.

9-13.002 Maps Required. Prior to the expiration of the approved lot line adjustment application map, and subsequent to the satisfaction of any conditions of approval, a record of survey map or a deed effectuating the adjustment is required for each lot line adjustment.

(Ord. No. 749, § 7.13.002; Ord. No. 989, § 1; Ord. No. 1128, § 22)

9-13.004 Filing. The licensed land surveyor or registered civil engineer who prepares the map shall file with the department of community development and other affected agencies, districts, departments and companies the number of copies of the map required by the city engineer.

(Ord. No. 749, § 7.13.004; Ord. No. 989, § 1)

9-13.006 Form and Content. Record of survey maps shall conform to the requirements of the Land Surveyors Act (Section 8760 and following, of the Business and Professions Code). Reproducible copies of record of survey maps shall be provided in accordance with subsection 9-11.010.

(Ord. No. 749, § 7.13.006; Ord. No. 1128, § 23)

9-13.008 Fees. City fees for checking record of survey maps will not be required; however, record of survey maps for lot line adjustments must be approved by the city engineer prior to approval by the county surveyor.

(Ord. No. 749, § 7.13.008; Ord. No. 989, § 1; Ord. No. 1128, § 24)

9-14 - Reserved.

9-15 - Soil Reports.

9-15.002 Required with Tentative Map Applications. Unless waived in accordance with subsection 9-15.004 below, a soil report shall be submitted with every final map or parcel map application.

(Ord. No. 749, § 7.15.002; Ord. No. 1128, § 25)

9-15.004 Waiver. The requirements for submission of a soil report with final map or parcel map applications may be waived by the city engineer if he finds that adequate information exists in the records of his office as to the quality of the soil in the subdivision so as to not necessitate a soil report and that the information contained in the site reconnaissance required by subsection 9-7.002C,2. supports those office records.

(Ord. No. 749, § 7.15.004; Ord. No. 1128, § 25)

9-15.006 Corrective Measure Recommendations. If the soil report indicates conditions related to soil or geologic problems which, if not corrected, would pose a hazard to property, improvements or life, recommendations for the correction of those hazardous conditions shall be included in the soil report.

(Ord. No. 749, § 7.15.006; Ord. No. 1128, § 25)

9-15.008 Approval of Subdivisions with Soil/Geologic Hazard Conditions. The city council or city engineer may approve final maps or parcel maps, respectively involving potential hazards due to soil/geologic conditions only if they find that the recommendations contained in the soil report will reasonably preclude damage, injury or loss of life from the identified hazardous condition. The term "reasonably preclude" as used in this section means that the technical evaluation, consistent with current common practice of civil engineering or engineering geology indicates that all hazardous conditions can and will be stabilized to the degree that no damage to life, property or improvements is expected.

(Ord. No. 749, § 7.15.008; Ord. No. 989, § 1; Ord. No. 1128, § 25)

9-16 - Reserved.

9-17 - Design.

The design of subdivisions shall conform to Chapter V, the Novato Development Standards Ordinance, other applicable city and State regulations and the Novato General Plan.

(Ord. No. 749, § 7.17; Ord. No. 1128, § 26)

• 9-18 - Reserved.

9-19 - Dedications, Reservations and Access.

9-19.002 Streets, Drainage, Public Utility and Other Public Easements. Dedications or irrevocable offers of dedication for real property within any subdivision for streets, alleys, including access rights and abutters rights, drainage, public utility easements and other public easements may be required as conditions of approval of a subdivision.

a.

Such dedications shall conform to the conditions of approval of the approved tentative map; the Subdivision Map Act; Chapter V, the Novato Development Standards Ordinance and the Novato General Plan.

b.

Acceptance or Rejection of Offers of Dedication.

1.

Offers of dedication in final maps may be accepted, by resolution, or rejected, by the city council. The city clerk shall certify such action on the final map.

2.

The offers of dedication in parcel maps may be accepted or rejected by the city engineer. He shall certify such action on the parcel map.

(Ord. No. 749, §§ 7.19.002, 7.19.006; Ord. No. 1128, § 27)

9-19.004 Parks and Recreation Purposes. Dedication of land, the payment of fees in lieu thereof or a combination of both, for park and recreation purposes may be required in accordance with section 9-20 of this chapter.

(Ord. No. 1124, § 1)

9-19.005 School Site Dedication.

a.

General. As a condition of approval of a tentative map, a subdivider who develops or completes the

development of one or more subdivisions within one or more school districts maintaining an elementary school shall dedicate to the school district or districts such lands as the city shall deem to be necessary for the purpose of constructing thereon elementary schools necessary to assure the residents of the subdivision adequate public school service. This requirement is pursuant to California Government Code, Section 66478.

b.

Procedure. The requirement of dedication shall be imposed at the time of approval of the tentative map. If within 30 days after the requirement of dedication is imposed by the city the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time, before, concurrently with, or up to 60 days after the filing of the final map or parcel map on any portion of the subdivision.

c.

Payments to Subdivider for School Site Dedication. The school district shall, if it accepts the dedication, repay to the subdivider or his or her successors not more than the original cost of the dedicated land, plus a sum equal to the total of the following amounts:

1.

The cost of any improvements to the dedicated land since acquisition by the subdivider;

The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication;

3.

Any other costs incurred by the subdivider in maintenance of such dedicated land including interest costs incurred on any loan covering such land.

d.

Exemptions. The provisions of this section shall not be applicable to a subdivider who has owned the land being subdivided for more than 10 years prior to the filing of the tentative map.

e.

Right to Reacquire. The deed for such dedicated land shall provide that the property shall only be used for and as a school site. If not so used within ten years of dedication, the subdivider shall have the right to reacquire such dedicated property on the same terms as initially acquired by the school district, pursuant to paragraph c.

(Ord. No. 1128, § 27)