San Anselmo Municipal Code Art. 7 Parcel Maps

For the purposes of this chapter, "parcel split" shall mean any real property, improved or unimproved, or a portion thereof, shown on the latest adopted County tax roll as a unit, or as contiguous units, which is divided for the purpose of sale, lease, financing, or any other purpose, whether immediate or future, by any person, into four (4) or fewer lots.

(Ord. 839, eff. July 14, 1983)

(a) Except as otherwise provided in Section 10-2.703 of this article, no person shall offer to sell, contract to sell or sell, offer for lease or lease, or finance or refinance any parcel split, or any part thereof, until a parcel map thereof has been filed and approved in accordance with the requirements of this article.

(b) Any deed of conveyance, sale, contract to sell, lease, or finance made contrary to the provisions of this article, in addition to being a misdemeanor, shall be voidable to the extent and in the same manner as provided in Article 3 of Part 2 of Division 4 of the Business and Professions Code of the State.

(Ord. 839, eff. July 14, 1983)

A person may offer to sell, or contract to sell, a parcel split prior to the approval thereof in accordance with the requirements of this article only if the offer to sell, or contract to sell, provides in writing that the transfer of title and close of escrow, if any, are conditioned upon the approval of the final parcel map in accordance with the requirements of this article prior to the consummation of the sale.

(Ord. 839, eff. July 14, 1983)

(a) Filing: Form. Any person, or his appointed agent, owning real property and desiring the approval of a parcel map shall submit to the Planning Department an application, together with a tentative map showing the proposed parcel split prepared by a licensed land surveyor or registered civil engineer, and signed by such owner or agent. The tentative parcel map shall conform substantially with the requirements for a tentative subdivision map as set forth in Article 5 of this chapter. The Planning Department shall transmit one copy of the print to all utilities involved for comments.

(b) Notices of hearing. Notices of the public hearings pursuant to this section shall be given in accordance with Sections 66451.3 and 66451.4 of the Government Code of the State.

(c) Action by the Commission. The Commission shall have thirty (30) days after the filing of the tentative map to approve, conditionally approve, or deny the approval of such map in the manner set forth in subsection (c) of Section 10-2.503 of Article 5 of this chapter. If such action is not taken within such time period, the tentative map shall be deemed approved.

(Ord. 839, eff. July 14, 1983)

The fee for filing a parcel map pursuant to the provisions of this article shall be as provided by resolution and shall be payable at the time of filing the map.

(Ord. 839, eff. July 14, 1983)

(a) The standards prescribed by this chapter for subdivisions shall apply to the parcel maps required by the provisions of this article.

(b) The Commission may make exceptions to such standards provided it first finds all of the following:

(1) That the strict application of any standard prescribed by the provisions of this chapter would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this chapter;

(2) That there are exceptional circumstances or conditions applicable to the property involved or to the intended use or development of the property being subdivided or resubdivided;

(3) That the granting of the exception will not be materially detrimental to the public welfare nor injurious to the property or improvements in the immediate vicinity; and

(4) That the granting of the exception will not be contrary to the objectives of this chapter.

Such findings shall state the reasons and grounds for making such exceptions.

(c) Additional requirements shall be imposed by the Commission when it determines that such requirements are necessary to preserve the purpose and intent of this article and of Chapter 3 of this title relating to zoning to conform to the character of improvements and lot design of the neighborhood and for the improvement of public and private streets, ways, or easements as may be necessary for traffic, drainage, and sanitary needs. The Commission may require offers of dedication for rights-of-way or easements, and, if so required, such offers of dedication shall be shown with acceptance or rejection by the Council and recorded on the final parcel map. Private easements appurtenant to the new lots shall be shown on the map.

(Ord. 839, eff. July 14, 1983)

Within two (2) years after the action of the Commission approving or imposing conditions upon the application and tentative map, the applicant shall cause the parcel split to be surveyed and a final parcel map to be prepared and submitted for recording if all the conditions imposed have been fulfilled. A subsequent approval of the tentative map upon the fulfillment of conditions shall not be construed as extending the time within which the final map may be filed for approval, but, for good cause shown, the Commission may grant an extension of time not exceeding one year. Failure to file a final map within the original and/or extended time period granted as provided in this section shall terminate all proceedings.

(Ord. 839, eff. July 14, 1983)

(a) The final parcel map shall be prepared by a registered civil engineer or licensed land surveyor, and it shall substantially conform to the approved tentative map and any conditions attached thereto. Such parcel map shall show:

(1) The title of the map and the name and legal designation of the tract or grant in which the survey is located and ties to adjoining tracts;

(2) All monuments found, set, reset, replaced, or removed, describing their kind, size, and location, and giving other data relating thereto. Permanent monuments shall be set for all new lines created by the parcel split. This requirement may not be waived;

(3) The bearing or witness monuments, the basis of bearing, the bearing and length of the lines, and the scale of the map;

(4) The area of each lot in acres, and hundredths thereof, or in square feet;

(5) Any required easements or dedications in the manner set forth in subsection (c) of Section 10-2.706 of this article;

(6) All easements of record; and

(7) Certificates as follows:

(i) A certificate signed and attested by all parties having any record title interest in the land consenting to the preparation and recordation of the final map;

(ii) A certificate for execution, attested as set forth in subsection (i) of this subsection, offering for dedication for public use those parcels of land which such parties desire or are required to dedicate;

(iii) A certificate by the civil engineer or the licensed surveyor responsible for the survey and final map. The signature of such civil engineer or surveyor shall be attested, unless accompanied by his seal;

(iv) The Town Engineer;

(v) The Planning Director; and

(vi) The County Recorder.

(b) At the time of acting upon a tentative parcel map or at any time prior to the filing of the final parcel map, the Town Engineer may waive, modify, or amplify any of the requirements of this section for a final parcel map if he finds that such action is necessary to avoid practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this article and that such waiver or modification will not be contrary to the objectives of this article.

(Ord. 839, eff. July 14, 1983)

(a) When the requirements of this article, including those required for final maps by Section 10-2.602 of Article 6 of this chapter, relating to the preparation and timely filing of the final parcel map are found to have been met, the Town Engineer shall record the map as set forth in subsection (d) of Section 10-2.603 of Article 6 of this chapter.

(b) Notwithstanding the provisions of this article relating to the fulfillment of all conditions prior to the approval of the application and tentative map, an agreement may be made to construct public improvements when such improvements are necessary to preserve the general purpose and intent of the zoning provisions and of this article; provided, however, no such agreement shall be valid until it is secured by a good and sufficient surety bond or cash deposit adequate to cover all costs and administrative expenses of the installation in case of default. Agreements relating to utility facilities, if made, shall be executed by the utilities involved, and agreements relating to all other public improvements to be made shall be executed by the Town Engineer.

(Ord. 839, eff. July 14, 1983)

(Ord. No. 1159, § 2, 12-14-2021; Ord. No. 1160, § 2, 12-14-2021)

(a) The Community Development Director, or designee, is authorized to approve lot line relocations provided that:

(1) The resultant lots created do not:

i. Create an additional lot in any zone or make an otherwise ineligible site eligible for an Urban Lot Split or Ministerial Housing Unit pursuant to Title 10, Chapter 4; and

ii. Cut off any lot from frontage on a public street or alley or access to a public utility easement; and

iii. Create any new nonconforming zoning conditions; and

iv. Cut off any lot from any utility service available prior to the lot line relocation.

(2) When existing lots do not conform to all applicable physical and use requirements of this title, the resultant lots will increase pre-existing nonconformities; and

(3) Resultant lots will be adequate in size and shape to accommodate the uses permitted in the applicable Zoning District and all yards, open spaces, walls and fences, vehicular access, parking, landscaping, and other features required by this title.

(b) Applications shall be made to the Planning Department, accompanied by a map showing the existing and proposed lot lines prepared by a licensed civil engineer or surveyor.

(c) New lot corners and/or angle points shall be monumented after approval as required by the Community Development Director, or designee.

(d) The fee for processing a lot line relocation shall be set by resolution.

(e) The transfer of property involved in a lot line relocation shall be made by a properly executed grant deed provided to, and recorded concurrently with the final parcel map by, the Planning Department.

(Ord. 839, eff. July 14, 1983)

(Ord. No. 1159, § 3, 12-14-2021; Ord. No. 1160, § 3, 12-14-2021; Ord. No. 2025-1190, § 2(Exh. A)(2), 5-27-2025)

Editor's note— Ord. No. 2025-1193, § 2(Exh. A)(1), adopted October 28, 2025, repealed § 10-2.711, which pertained to Urban Lot Splits pursuant to Government Code 66411.7. and derived from Ord. No. 1159, § 4, adopted December 14, 2021; Ord. No. 1160, § 4, adopted 14, 2021; Ord. No. 2025-1190, § 2(Exh. A)(3), adopted May 27, 2025.