§ 16.28

Governing Provisions. The design, improvement and survey data for divisions of land requiring tentative parcel maps, and parcel maps, the form and content of tentative parcel maps and parcel maps, and the procedure to be followed in securing official approval for said maps shall be governed by the provisions of the Subdivision Map Act and by the provisions of this title.

(Prior code § 11-2-801.1)

A parcel map shall be filed and recorded for any subdivision for which a tentative and final map is not required by the Subdivision Map Act except for subdivisions created by short term leases (terminable by either party on not more than thirty days' notice in writing) of a portion of an operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code; provided, however, that upon a showing made to the planning commission based upon substantial evidence, that public policy necessitates such a map, this exception shall not apply.

(Prior code § 11-2-801.2)

A.

Two or more adjoining parcels coming under one ownership, which do not constitute lots, as defined in 16.08.350, shall be deemed to have merged and shall constitute one parcel. Such merger shall occur even though there may exist different persons holding a security interest therein.

B.

Any division of the merged parcel shall be subject to the provisions of this title where applicable.

(Prior code § 11-2-801.3)

The provisions of Section 16.20.010 shall govern the filing of tentative parcel maps.

(Prior code § 11-2-802.1)

16.28.050 - Tentative parcel maps—Application—Form.

A.

Application for the approval of a tentative parcel map shall be made upon the form provided by the secretary of the planning commission.

B.

The application shall contain the following information:

1.

A legal description of the whole parcel proposed to be divided;

2.

Existing use of the parcel to be divided;

3.

The proposed use of the parcels to be created;

4.

The source of domestic water supply and the proposed method of sewage disposal;

5.

Name, address and telephone number of the applicant and owners;

6.

A preliminary title report describing the status of all interests in the parcel to be divided.

(Prior code § 11-2-802.2)

16.28.060 - Tentative parcel maps—Form and content.

A.

A tentative parcel map shall be legibly drawn on tracing paper suitable for reproduction, to a scale and in a manner prescribed by the city engineer to best illustrate the proposed division of land.

B.

The following information shall be shown on the map:

1.

The boundary lines of the entire parcel including the area to be divided, with dimensions, based on existing survey data or property description;

2.

The proposed division lines with dimensions;

Identification of each parcel with a number;

4.

All existing buildings and structures located within one hundred feet of all proposed boundary lines, together with their major exterior dimensions and the distance from said boundary lines, except when located on the opposite side of public rights-of-way;

5.

The location of all existing wells, septic tanks and leaching fields located within one hundred feet of all proposed boundary lines, with the distance from the boundary lines (except when located on the opposite side of public rights-of-way);

6.

The location and names of all abutting roads;

7.

The location, widths and names of any roads proposed by the divider;

8.

Source of data from which the map was drawn;

9.

Name, address and telephone number of the person preparing the map;

10.

The width and location of all existing or proposed easements or rights-of-way within the land being divided or on its boundaries;

11.

Land subject to flooding;

12.

Water courses, streams and drainage channels;

13.

Such additional information as the city deems necessary due to unusual topography or drainage conditions.

(Prior code § 11-2-802.3)

A.

The commission may make such investigation as it may determine necessary for the purposes of making its decision. The commission shall consider the proposed division of land and the tentative parcel map thereof, and shall determine whether such comply with this title, and shall approve, conditionally approve or disapprove of the design of such division map. In approving, conditionally approving, or denying a tentative parcel map, the planning commission shall make the findings required in Section 16.12.060.

B.

If the tentative parcel map shows, or if the commission determines that any dedication for public use should be required, such map shall be referred to the council which may disapprove or tentatively approve such dedication.

C.

The commission shall make its report on said matter directly to the subdivider. Such report shall be made within fifty days after such map and negative declaration or environmental impact report as may be required have been filed with the commission.

(Ord. 269 § 11(1), 1990; prior code § 11-2-802.4)

The planning commission shall have the authority to grant exceptions in the manner provided in Chapter 16.40 except that no referral to and no action by the council thereon shall be required unless the commission's decision is appealed as provided below.

(Prior code § 11-2-802.5)

In case a subdivider or any party is not satisfied with the action of the planning commission, he may within fifteen days of its decision appeal in writing to the city council and shall state specifically wherein it is claimed that there was an error or abuse of discretion by the planning commission or whereby its decision is not supported by the evidence in the record. The council shall hear such an appeal at its next succeeding regular meeting and shall give written notice of such hearing to the appellant and the planning commission. The decision of the city council shall be final.

(Prior code § 11-2-802.6)

No subdivision that is governed by the provisions of this title shall be deemed valid until and unless it conforms to the applicable provisions of this title and has been so certified by the secretary of the planning commission and referred to and filed with the county clerk-recorder.

(Prior code § 11-2-803.1)

Failure to file a parcel map within twenty-four months after the date on which the tentative parcel map is approved or conditionally approved by the planning commission or any extension thereof, shall terminate all proceedings. Before a parcel map may thereafter be filed, a new tentative parcel map shall be submitted and approved. Upon written application by the subdivider filed prior to the expiration date of the tentative parcel map, an extension of not more than twelve months may be granted by the planning commission.

(Ord. 269 § 11(2), 1990: Ord. 254 § 3, 1986: prior code § 11-2-803.2)

A.

In the event the applicant wishes to terminate his application prior to the recordation of the parcel map, he shall submit his request in writing to the secretary of the planning commission. Where an agreement to construct improvements has been executed, the city council may release the applicant from his agreement to improve and release to him any surety bond or cash deposit which he may have posted upon completion of necessary abandonment proceedings.

B.

In the event the parcel map has been recorded with the county clerk-recorder, a revised parcel map may be prepared in the manner prescribed in this chapter for an original parcel map, and the revised parcel map shall supersede any previous parcel map.

(Prior code § 11-2-803.3)

The subdivider shall file five copies of the parcel map with the secretary of the planning commission not less than sixty days prior to the date on which the map must be recorded. The format and content of the final map shall be as prescribed in the following provisions and the Subdivision Map Act:

A.

The parcel map shall be prepared by or under direction of a registered civil engineer or licensed land surveyor. When submitted to the secretary of the planning commission, a current report from a title company shall be attached, which sets forth therein the owners of record of the property proposed to be divided, together with any recorded easements, liens, mortgages, deeds of trust or other encumbrance thereon.

B.

It shall be a map legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film including certificates, except that such certificates may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

C.

The size of each sheet shall be eighteen by twenty-six inches. A marginal line shall be drawn completely around each sheet leaving an entirely blank margin of one inch.

D.

The scale of the map shall be one inch equals one hundred feet; except that subdivisions with lots of two and one-half acres or greater may use a scale of one inch equals two hundred feet, or the city engineer may require one inch equals fifty feet if complexity of detail so warrants.

E.

When the parcel map consists of more than two sheets, a key map drawn to a scale of one inch equals one thousand feet shall be placed on sheet number one indicating the relationship among all sheets. The particular number of each sheet and the total number of sheets comprising the map shall be stated on each of the sheets and its relation to each adjoining sheet shall be clearly shown.

F.

The title of each parcel map shall consist of a parcel map number conspicuously placed on the sheet followed by the words "consisting of . . . sheets" (showing the number thereof) followed by the words "In the City of Orange Cove." There shall appear a description of all the property being subdivided, by reference to such map or maps of the property shown thereon as previously recorded or filed in the county clerk-recorder's office or previously filed with the county clerk-recorder pursuant to a final judgment in any action in partition, or previously filed in the office of the county clerk-recorder under authority of Chapter 3, Part 2 of Division 4 of the Business and Professions Code, or by reference to the plat of any United States Survey. Each reference, in such description, to any tract or subdivision shall be spelled out and worded identically with the original records thereof and must show a complete reference to the book and page of records of the county clerk-recorder. The description shall also include reference to any abandonment with the date, book and page of records of the county clerk-recorder.

G.

The exterior boundary of the land included within the subdivision shall be indicated by distinctive line and clearly so designated. The map shall show the location of each parcel and its 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 of such remainder if such remainder has a gross area of five acres or more.

H.

A lot shall be shown in its entirety on one sheet. The parcel map shall particularly define, delineate and designate all parcels intended to be reserved for private purposes, all parcels offered for dedication for any purpose, and any private roads, with all dimensions, boundaries and courses clearly shown and defined in every case. Parcels offered for dedication other than for roads, alleys, pedestrian walkways, water lots or easements shall be designated. The parcels shall be numbered consecutively and shall continue without omission or duplication throughout the entire subdivision. Each parcel containing an area of one acre or more, excluding public easements of record, shall have designated thereon the net acreage of such lot shown not less accurately than to the nearest one-hundredth of an acre.

I.

Certificates and acknowledgments as are required by the Subdivision Map Act shall appear on the title sheet of the parcel map, unless their omission is permitted in the manner provided by the Subdivision Map Act.

J.

A certificate, either separate document or certificate on parcel map, signed and acknowledged by all parties having any record title interest in the real property subdivided, as specified in Section 66445 of the Subdivision Map Act, consenting to the preparation and recordation of the parcel map is required. Evidence of title, acceptable to the county clerk-recorder, shall be secured from a title company indicating that, as shown by public records, the parties whose signatures appear on the map and consent to the recordation of the map are all the parties having a record title interest in the land being subdivided whose signatures are required by the Subdivision Map Act.

K.

A certificate for the city clerk shall be required where dedications are offered and shall certify the action of the city council to accept or reject the proposed dedications.

(Prior code § 11-2-803.4)

16.28.140 - Parcel maps—Survey data requirements.

A.

The survey data requirements for parcel maps shall be the same as the requirements prescribed for final subdivision maps in Sections 16.24.150 through 16.24.250.

B.

A parcel map may be compiled from available record or filed data when sufficient survey information exists on filed maps and when the location of any boundary of the parcel map either by monuments or possessory lines is certain. If there is not sufficient survey information on filed maps and when the location of the boundary of the parcel map is uncertain a field survey shall be made.

(Prior code § 11-2-803.5)

16.28.150 - Parcel maps—Examination—Secretary of the planning commission.

The secretary of the planning commission shall examine the parcel map, and if he finds the same to be substantially in the form required by this title and in conformity with conditions imposed by the planning commission in connection with the approval of the tentative parcel map, he shall accept the same for filing and shall then transmit the same to the city engineer.

(Prior code § 11-2-803.6)

16.28.160 - Parcel maps—Examination—City engineer.

The city engineer shall examine the parcel map and it shall be certified by him if he shall find that such map is substantially the same as the approved tentative parcel map and that the map is technically correct and in proper form as required by this title and the Subdivision Map Act. Review of the parcel map shall be completed by the city engineer within twenty days after receiving the map or within such additional time as may be reasonably necessary.

(Prior code § 11-2-803.7)

A.

If the subdivider states that the required improvements, if there be any, or any part of them have been completed, they shall be inspected by the city engineer, or any other city officer designated for such purpose by the council, and if the same have been completed in conformity with the requirements of the planning commission and applicable provisions of this title he shall certify such fact on the parcel map or attach a certificate thereto so showing. If any of the improvements have not been properly completed, he shall attach his report thereof to the map.

B.

When only a portion of the land to be subdivided is proposed on the conservation, open space and recreation element as the site for a local park, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of Section 16.32.070 shall be paid for any additional land that would have been required to be dedicated pursuant to Section 16.32.040.

C.

When a major part of the local park or recreational site has already been acquired by the city and only a small portion of land is needed from the subdivision to complete the site, such remaining portion shall be dedicated and a fee computed pursuant to the provisions of Section 16.32.070 shall be paid in an amount equal to the value of the land would otherwise have been required to be dedicated pursuant to Section 16.32.040, such fee to be used for improvement of other local parks and recreational facilities in the area serving the subdivision.

(Prior code § 11-2-803.8)

Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value as indicated by the latest equalized tax rate of the amount of land which would otherwise be required to be dedicated pursuant to Section 16.32.040. The fee shall be paid pursuant to the provisions contained in Section 16.32.050. The "fair market value" shall be determined at the time of filing the tentative map or parcel map.

(Prior code § 11-2-803.9)

16.28.190 - Subdivisions not within general plan.

Where the proposed subdivision lies within an area not then but to be included within the city general plan, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, in accordance with the adopted park and recreational principles and standards of the city general plan and in accordance with the provisions of this section.

(Prior code § 11-2-803.10)

Whether the city council accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

A.

Recreational element of the city's general plan;

B.

Topography, geology, access and location of land in the subdivision available for dedication;

C.

Size and shape of the subdivision and land available for dedication;

D.

The feasibility of dedication;

E.

Compatibility of dedication with the conservation, open space and recreation element; and

F.

Availability of previously acquired park property.

(Prior code § 11-2-803.11)

The required improvements shall be completed and the certificate so showing shall be filed with the secretary of the planning commission before he shall approve the parcel map the subdivider shall enter into an agreement with the city council in accordance with the provisions of Chapter 16.44 to insure completion of the improvements.

(Prior code § 11-2-803.12)

When the secretary of the planning commission shall find that the parcel map is substantially in the form required by this title, in conformity with the conditions imposed by the commission in connection with the

approval of the tentative parcel map, that, where required, the agreement and bonds respecting implements have been approved and filed, and that all certificates of approval herein required have been made, he shall endorse on such map the final certification thereof.

(Prior code § 11-2-803.13)

If dedications are offered or required, the planning commission secretary shall transmit the parcel map or deeds of dedication to the council, which may accept or reject any or all offers of dedication by resolution. If the offer of dedication is shown on the parcel map, any acceptance and the date thereof shall be certified on such map by the city clerk. Dedications shall be completed prior to filing of the parcel map with the recorder. If at the time the final map is approved, any streets, paths, alleys, or storm drainage easements are rejected, the offer of dedication shall remain open and the city council may by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, paths, alleys, or storm drainage easements for public use, which acceptance shall be recorded in the office of the county recorder.

(Prior code § 11-2-803.14)

Upon final certification and acceptance or rejection of dedications, the city clerk shall present the map to the county recorder for filing.

(Prior code § 11-2-803.15)

All divisions of land shall be designed and improvements thereon constructed and dedications therefrom required as in the case of the subdivision's as provided in Chapter 16.36.

(Prior code § 11-2-804)

Fees, bonds and deposits that are required for the filing or as a condition of the recordation of a final parcel map are governed by the provisions of Chapter 16.44.

(Prior code § 11-2-805)

Chapter 16.32 - DEDICATIONS, FEES, REIMBURSEMENTS AND RESERVATIONS

Sections:

16.32.010 - Pedestrian walkways and bike ways.

A.

Pedestrian walkways or bike ways may be required where needed for:

1.

Access to schools, playgrounds or parks, shopping centers, or other public areas;

2.

Traffic safety; or

3.

Access through unusually long blocks;

4.

Access to public areas shown on an approved general plan.

B.

Dedications for bicycle paths may only be required for subdivisions which have two hundred lots or more on the final map.

(Prior code § 11-2-901)