Salinas Municipal Code § 31-603 Approval and recordation of parcel maps

The submittal, form and contents, and approval of parcel maps shall be governed by the provisions of this Article 6.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

A parcel map shall be required for all subdivisions creating four or fewer lots or four or fewer condominiums as defined in Section 783 of the California Civil Code; for a community apartment project, as defined in Section 4105 of the Civil Code, containing four or fewer dwelling units; for the conversion of a dwelling to a stock cooperative, as defined in Section 4190 or 6566 of the Civil Code, containing four or fewer dwelling units; and for the subdivisions listed in Section 66426 of the Subdivision Map Act.

A subdivider may elect to submit a tentative map pursuant to Article 4 where a parcel map would otherwise be required.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

An application for a parcel map shall be initiated by submitting an application to current planning in accordance with Article 3. The application shall be reviewed in accordance with the requirements and procedures established in this chapter.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The parcel map shall be prepared by, or under the direction of, a registered civil engineer authorized to practice land surveying in the state of California or a licensed land surveyor, shall show the location of streets and property lines bounding the property, and shall conform to all of the following provisions:

(a) It shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black ink on a sheet form approved by the city engineer. Certificates or statements, affidavits, and acknowledgements 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.

(b) The size of each sheet shall be eighteen inches by twenty-six inches or as otherwise approved by the city engineer. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the 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.

(c) Each parcel shall be numbered and each block may be numbered or lettered. Each street shall be named or otherwise designated.

(d) Subdivision boundaries and parcel details shall be indicated by:

(1) The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. The exterior boundary of the land included within the subdivision shall not include a designated remainder or omitted parcel that is designated or omitted under Section 66424.6 of the Subdivision Map Act. The designated remainder or omitted parcel shall be labeled as a designated remainder parcel or omitted parcel;

(2) The map shall show the location of each parcel and its relation to surrounding surveys. If the map includes a "designated remainder" parcel or similar parcel, and the gross area of the "designated remainder" parcel or similar parcel is five acres or more, that remainder parcel need not be shown on the map and its location need not be indicated as a matter of survey, but only by deed reference to the existing boundaries of the remainder parcel. A parcel designated as "not a part" shall be deemed to be a "designated remainder" for purposes of this section. A designated remainder shall be of sufficient size and geometry to be viably developed in accordance with the standards of the zoning district in which the property is located;

(e) Subject to the provisions of Section 66436 of the Subdivision Map Act, a statement, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the parcel map is required except as follows:

(1) With respect to a division of land into four or fewer parcels, where dedications or offers of dedications are not required, the statement shall only be required to be signed and acknowledged by the subdivider. If the subdivider does not have a record title ownership interest in the property to be divided, the city planner shall require that the subdivider provide the city with satisfactory evidence that the persons with record title ownership have consented to the proposed division.

(2) For purposes of this subsection, "record title ownership" shall mean fee title of record unless a leasehold interest is to be divided, in which case "record title ownership" shall mean ownership of record of the leasehold interest. "Record title ownership" does not include ownership of mineral rights or other subsurface interests which have been severed from ownership of the surface.

(f) Notwithstanding any other provision of this section, the city engineer may require that those statements and acknowledgements required pursuant to subsection (e) of this section be made by separate instrument to be recorded concurrently with the parcel map being filed for record. Whenever a certificate or acknowledgement is made by separate instrument, there shall appear on the parcel map a reference to the separately recorded document. This reference shall be completed by the county recorder pursuant to Section 66468.1 of the Subdivision Map Act.

(g) If a field survey was performed, the parcel map shall contain a statement 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 those positions on or before a specified date, and that the monuments are, or will be, sufficient to enable the survey to be retraced.

(h) Any public streets or public easements to be left in effect after the subdivision shall be adequately delineated on the map. The filing of the parcel map shall constitute abandonment of all public streets and public easements not shown on the map provided that a written notation of each abandonment is listed by reference to the recording data or other official records that created these streets or easements and certified to on the map by the city clerk. No public easement vested in another public entity may be abandoned before that public entity receives notice of the proposed abandonment, nor may that public easement be abandoned if the public entity objects to the proposed abandonment.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Unless the city engineer provides a written waiver of the following requirements, any of which the city engineer may deem unnecessary in the city engineer's sole discretion, an application for a parcel map shall be accompanied by a separate document or additional map sheet for information purposes illustrating the following:

(a) Name and address of legal owner, subdivider, and person preparing the map, including registration number or license number.

(b) Assessor's parcel number.

(c) Date prepared, north arrow, scale, contour interval, and date and source of existing contours.

(d) Existing and proposed land use.

(e) A vicinity map sufficient to show the relation to the local community.

(f) Existing topography and physical setting of the site and at least one hundred feet from its boundary, including but not limited to:

(1) Existing contours at two-foot intervals, if the existing ground slope is less than ten percent and at not less than five-foot intervals for existing ground slopes of ten percent or more. Existing contours shall be represented by screened or dashed lines;

(2) Type, circumference, and drip line of existing trees. Any trees proposed to be removed shall be so indicated;

(3) The approximate location and outline of existing structures identified by the type. Structures to be removed shall be so marked;

(4) The approximate location of all areas subject to inundation or stormwater overflow and the location, width, and direction of flow of each water course, including top of bank, the centerline of water course, and any one hundred-year flood plain. Two-, ten-, and one hundred-year flood levels shall be shown;

(5) The limits of the existing riparian and wildlife habitat including the location of the one hundred-foot setback required from riparian and wetland habitat in accordance with Subsection 37-50.180(h) of the zoning code and the NPDES permit;

(6) The location, pavement, right-of-way width, grade, and name of existing streets or highways;

(7) The location, slope and size of existing sanitary sewers, water mains, and storm drains. The approximate slope of existing sewers and storm drains shall be indicated;

(8) The location of existing overhead utility lines on peripheral streets.

(9) The location, width, and identity of existing easements.

(g) Any improvements proposed by the subdivider shall be shown.

(h) If the site is to be graded, proposed contours shall be shown or an approved grading plan shall be submitted.

(i) The proposed lot layout and lot areas.

(j) Proposed easements or rights-of-way.

(k) A preliminary title report, showing all parties with a legal or equitable interest and all easements, covenants, and other encumbrances and interests in the property at the time of filing the parcel map.

(l) A soils and/or engineering geology report may be required by the city engineer.

(m) Documentation as required to confirm that low impact development and NPDES requirements will be met.

(n) Environmental review information. Additional data and information and deposit and payment of fees as may be required by the city planner for the preparation and processing of environmental review documents.

(o) Hazardous materials and air pollution. For subdivisions that include nonresidential development, information regarding hazardous materials and hazardous air emissions required by Section 65850.2(b) of the Government Code.

(p) Hazardous waste and substances statement. A signed statement indicating whether the subdivision is located on a site that is included on a list compiled pursuant to Section 65962.5 of the Government Code and, if the project is included on a list, specifying the list.

(q) Common interest development projects. Any parcel map for a common interest development shall be accompanied by site plans and elevations showing the size, height, and location of all proposed buildings, driveways, parking, landscaping, open space, and walls, number of existing and proposed dwelling units, and other pertinent information in sufficient detail to determine the height and square footage of each structure and its conformance with existing plans, regulations, and ordinances.

(r) Other reports. Any other data or reports deemed necessary by the city planner or city engineer.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer authorized to practice land surveying or land surveyor licensed in the state of California. All monuments, property lines, centerlines of streets, alleys, and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the parcel map shall not exceed one ten-thousandth for field closures and one twenty-thousandth for calculated closures.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

If the subdivider desires to obtain the rights conferred by Government Code Section 66498.1 et seq. and Article 5 of this chapter, the subdivider shall submit a vesting tentative map in accordance with the provisions of Articles 4 and 5 of this chapter.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Approved and conditionally approved parcel maps shall expire and may be extended in the same manner as tentative maps pursuant to Section 31-312, expiration of tentative map approval; Section 31-313, discretionary extensions of tentative map approval; and Section 31-314, statutory extensions of tentative map approval. This section is declaratory of existing law with respect to the expiration date and extension procedures for parcel maps, and applies both to parcel maps approved prior to the effective date of this ordinance and those approved subsequent to the effective date.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Minor amendments to an approved parcel map may be administratively approved by the city planner and the city engineer upon application by the subdivider, provided:

(a) No lots, units, or building sites are added.

(b) The revised parcel map substantially conforms to the approved parcel map.

(c) All findings required by Section 31-401.10 can be made.

(d) No significant environmental impacts will result from the change, and no additional environmental review is required by CEQA.

(e) The amendment is consistent with the requirements of this chapter, the zoning code, and other applicable standards and regulations.

The amendment shall be indicated on the approved parcel map and/or in writing to the subdivider, as appropriate, and certified by the city planner and the city engineer.

Amendments of the parcel map other than minor amendments shall require a new parcel map and shall be approved in accordance with the provisions for processing a new parcel map. Any approved amendment shall not alter the expiration date of the parcel map.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The city planner shall review the application for completeness in accordance with Section 31-303, review of applications for completeness, shall complete environmental review in accordance with Section 31-305, environmental review, and shall also review the application for compliance with all applicable general and specific plans, zoning, and other city ordinances, this chapter, and the Subdivision Map Act consistent with Section 31-304, conformance with city plans and ordinances.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Upon receiving notice from the city planner of a complete application, the subdivider shall submit three prints of the parcel map to the city engineer for technical review. The preliminary prints shall be accompanied by copies of the data, plans, reports, and documents as required for parcel maps by Section 31-601.4, additional information, as determined to be necessary by the city engineer to comply with state or federal law.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

(a) The city engineer shall review the parcel map for compliance with the following requirements, and shall advise of any needed corrections or additions:

(1) The form of the parcel map shall conform to the form requirements as specified by Section 31-601.3, form and contents of parcel maps.

(2) Certificates shall be provided in accordance with Section 66449 of the Subdivision Map Act.

(3) All dedications and offers of dedications shall be made by a statement on the parcel map under the owner's statement.

(4) Requirements for the construction of off-site and on-site improvements shall be noticed by a statement on the parcel map or by separate instrument, recorded concurrently with, or prior to, the parcel map.

(5) Parcels shall be designated by letters commencing with "A."

(b) The subdivider's engineer shall make corrections and/or additions until the parcel map is acceptable to the city engineer.

(c) The subdivider's engineer or surveyor shall submit the original tracing of the map, corrected to its final form and signed by all parties required to execute the certificates or statements on the map, to the city engineer. All signatures and stamps/seals shall be in black ink. A suitable electronic file of the parcel map and applicable improvement plans (such as a computer file storage device e.g. CD or flash drive) compatible with the city's CAD system and layering format shall also be submitted.

(d) The city engineer shall recommend the parcel map be approved for recordation only after it is determined that the map and supporting documents comply with the approved parcel map, all conditions of approval, and the Subdivision Map Act.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The form and contents, submittal for technical review, approval, and filing of parcel maps shall conform to the provisions of this section and the Subdivision Map Act. Upon approval of the parcel map for recordation, the city engineer shall execute the appropriate certification on the map in accordance with Section 66450 of the Subdivision Map Act and shall forward the map and all other required documents to the county recorder's office for recording.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The city planner shall refer the following parcel maps to the planning commission for decision within the deadlines for action provided in Section 31-306, deadlines for processing and action:

(a) Parcel maps for which a negative declaration or environmental impact report has been prepared.

(b) Mobile home park conversions described in Section 31-707.1, approval of parcel map for mobile home park conversion.

The city planner may also refer parcel maps to the planning commission if the city planner finds that the city was notified that an application for a parcel map has a material issue supported by substantial evidence.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

(a) For parcel maps that are not referred to the planning commission, after the application and environmental review are complete, the city planner shall establish a date by which the city planner intends to act on the application in accordance with the deadlines for action provided in Section 31-306, deadlines for processing and action. A notice of intended decision shall be given at least ten calendar days before the date intended for a decision as provided in Section 31-307, public notice requirements.

(b) The city planner shall have the authority to grant administrative approval of a parcel map if no protest of the intended decision is received prior to or on the date intended for action. If no protest is received by the date intended for action, the city planner shall approve, conditionally approve, or deny the parcel map and shall make written findings in support of the decision in accordance with Section 31-401.10, required findings. In the event that one or more of the required findings cannot be made to support approval or conditional approval of the parcel map, the map shall be denied.

(c) If the parcel map is approved, a notice shall be sent to the subdivider, the subdivider's engineer or surveyor, and any other party requesting such notice consistent with the requirements of Section 31-311, notice to applicant of action on tentative map or parcel map. If the parcel map is denied, the subdivider, the subdivider's engineer or surveyor, and any other party requesting such notice shall be so notified in writing.

(d) If a protest is received, the parcel map will be set for public hearing before the planning commission within the deadlines for action provided in Section 31-306, deadlines for processing and action.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

(a) If a parcel map is referred to the planning commission, it shall be heard at a public hearing within the deadlines for action provided in Section 31-306, deadlines for processing and action. Notice of the hearing shall be given as provided in Section 31-307, public notice requirements.

(b) If a protest is received, the planning commission shall review the parcel map, and the planning commission shall approve, conditionally approve, or disapprove the parcel map and shall make written findings in support of its decision in accordance with Section 31-401.10, required findings.

(c) The planning commission may modify or delete any of the conditions of approval recommended by the city planner, except conditions required by city ordinance or by the city engineer relating to public health and safety or by city-approved policies and standards. The planning commission may add additional requirements as a condition of approval consistent with Section 31-603.4, conditions of approval.

(d) If the parcel map is approved, a letter stating the action taken, along with any conditions imposed, shall be sent to the subdivider and the subdivider's engineer or surveyor consistent with the requirements of Section 31-311, notice to applicant of action on tentative map or parcel map. If the parcel map is denied, the subdivider and the subdivider's engineer or surveyor shall be so notified in writing with a statement for the reasons of denial.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

(a) In approving the parcel map, the city may impose conditions of approval that may include, but shall not be limited to:

(1) Frontage improvements.

(2) On-site improvements.

(3) Off-site improvements.

(4) Dedications.

(5) Applicable fees.

(6) A soils and/or engineering geology report.

(7) Undergrounding utility lines on peripheral streets.

An improvement agreement and improvement security in accordance with provisions of Articles 10 of this chapter may be required for all parcel maps that, as determined by the city engineer, require public improvements.

(b) Consistent with Section 66411.1 of the Subdivision Map Act, if a parcel map contains four parcels or less, conditions of approval requiring improvements shall be limited to the dedication of rights-of-way, easements, and the construction of required off-site and on-site improvements for the parcels being created, and construction of improvements shall not be required until a permit or other grant of approval for development of the created lots or parcels is issued, or pursuant to the terms of an improvement agreement. An earlier time frame for construction of improvements may be required if the findings required by Section 66411.1 of the Subdivision Map Act are made by the approval authority. The limitations on improvements imposed by this subsection are inapplicable to any parcel map with more than four parcels.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The city engineer shall accept, accept subject to improvement, or reject any or all dedications and offers of dedication made by a statement on the parcel map.

(a) If at the time the parcel map is approved, any offers of dedication are rejected by the city engineer, the offer of dedication shall remain open and the city engineer may, at any later date, rescind the action and accept the dedication for public use. This acceptance shall be recorded in the office of the county recorder. However, certain offers of dedication providing public access to public resources must be accepted within the time limits required by Section 66477.2 of the Subdivision Map Act.

(b) If the city engineer accepts any property dedicated in fee, the map shall meet the requirements of Section 66447 of the Subdivision Map Act and shall contain any certificates required by Section 66477.5 of the Subdivision Map Act and as described in Section 31-801.5, acceptance of dedications; certificates of dedication and reconveyance.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The city engineer shall enter into improvement agreements with the subdivider, except as provided in 31-1001.2, and authorized by Subdivision Map Act Section 66462.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The city planner, upon recommendation of the city engineer, may waive the parcel map for the following:

(a) Division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees;

(b) A division of property resulting from the conveyance of land or interest to or from the city, public entity, or public utility for a public purpose, such as school sites, public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage, etc. unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map; or

The city planner and the city manager may waive the parcel map upon making a finding, along with the city engineer's finding for floodplain management and infrastructure (i.e. floodway water control, improved public roads and sanitary disposal facilities) that the proposed division of land complies with requirements as to area, improvement, design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this chapter, the municipal code, the general plan and any applicable specific plans, and the Subdivision Map Act, pursuant to a valid request for a certificate of compliance as set forth in Section 31-1301, certificates of compliance.

Upon waiving the parcel map requirement, the city planner shall cause to be filed with the county recorder a certificate of compliance for the land to be divided and a plat map showing the division. Requirements for the construction of off-site and on-site improvements shall be noticed by a statement on the instrument evidencing the waiver of the parcel map, or by a separate instrument and shall be recorded prior to, or concurrently with, the instrument of waiver of a parcel map.

A certificate of compliance issued upon waiver of the parcel map requirement may be conditioned to provide for payment of park land dedication, drainage, and other development fees by a method approved by the city.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)