Chapter 87.03 — PARCEL MAPS AND FINAL MAPS

This Chapter establishes requirements for the preparation, filing, processing, approval, conditional approval, or disapproval, and recordation of Parcel and Final Maps, consistent with the requirements of the Map Act. (Ord. 4011, passed - -2007)

As required by §§ 87.01.080 (Type of Subdivision Approval Required), and 87.02.100 (Effect of Tentative Map Approval, Completion of Subdivision Process), a Parcel Map shall be filed and approved to complete the subdivision process for a subdivision of four or fewer parcels, except when the requirement for a Parcel Map is waived as identified in § 87.03.030. A Parcel Map shall be prepared, filed, and processed as identified in §§ 87.03.040 et seq. (Ord. 4011, passed - -2007)

A subdivider may request the waiver of the requirement for a Parcel Map, and the waiver may be granted, in compliance with the Map Act § 66428, provided that the review authority shall first find that the proposed subdivision complies with all applicable requirements of this Development Code and the Map Act as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and all other applicable requirements of this Development Code and the Map Act. A Composite Development Plan, prepared in compliance with § 87.03.110 (Composite Development Plans), may still be required by the Director.

(Ord. 4011, passed - -2007)

A Parcel Map shall be prepared by or under the direction of a licensed land surveyor or civil engineer authorized to practice land surveying by the State of California. Parcel Map submittal shall include all information and other materials prepared as required by the County Surveyor policies, adopted standards, and the Map Act. The Parcel Map shall be based upon a field survey.

(Ord. 4011, passed - -2007)

(a) Filing with the County Surveyor. The Parcel Map, together with all data, information, and materials required by § 87.03.040 shall be submitted to the County Surveyor in compliance with the time limitations specified in § 87.02.120 (Tentative Map Time Limits and Expiration). The Parcel Map shall be considered submitted when it is complete and complies with all applicable provisions of the Map Act and this Development Code.

(b) Filing and Review of Advance Copy of Parcel Map.

(1) Filing with County Surveyor. Where the filing of a Parcel Map is required in compliance with this Division after the approval or conditional approval of the Tentative Parcel Map application, the subdivider may cause the real

property included within the map to be surveyed and a Parcel Map prepared in compliance with the approved Tentative Parcel Map application. An advance copy of the Parcel Map shall be filed with the County Surveyor.

(2) Contents of Advance Copy. The advance copy of the Parcel Map shall be accompanied by all documents required by the County Surveyor. The mapping standards issued by the County Surveyor list the submittal requirements for a Parcel Map.

(3) Review of Advance Copy for Condition Compliance. The County Surveyor shall be the primary coordinator in seeing that the conditions of approval of the Tentative Map have been fulfilled. The County Surveyor shall transmit maps to and request written reports from the County departments and public utilities, including any cable television systems, which have submitted recommendations on the Tentative Map. Within 20 days after receipt of an advance copy of the Parcel Map, the County department or utility shall issue a preliminary written report regarding the compliance or noncompliance of the advance copy of the Parcel Map to the matters under its jurisdiction.

(c) Filing of Official Copy of Parcel Map. If the advance copy of the Parcel Map has been found satisfactory by the County Surveyor, the subdivider shall cause the Parcel Map to be officially filed with the County Surveyor at least 20 days before the expiration of the approved or conditionally approved Tentative Map or any approved extension of time granted in compliance with § 87.02.130 (Extensions of Time for Tentative Maps). The Parcel Map shall not be officially filed until the engineer or surveyor has received notification from the County Surveyor that all provisions of the Tentative Map approval, the Map Act, this Development Code, the County Code, and applicable County standards have been complied with. The filing of the official copy of the Parcel Map with the County Surveyor shall constitute the timely filing of the Parcel Map.

(d) Review of Parcel Map.

(1) After the issuance of a receipt for the Parcel Map, the County Surveyor shall examine it as to sufficiency of affidavits and acknowledgements, correctness of surveying data, mathematical data and computations, and other matters which may require checking to ensure compliance with the provisions of the Map Act, this Division, and County Surveyor standards.

(2) If the Parcel Map does not conform as required above, the subdivider shall be notified, and given the opportunity to make necessary changes and resubmit the Parcel Map, together with all required data, if the Tentative Map has not expired.

(e) Improvement Agreements and Security Requirements. The filing and recording of a Parcel Map shall be subject to the requirements of § 87.07.040 (Improvement Agreements, Lien Agreements and Securities). (Ord. 4011, passed - -2007)

After determining that the Parcel Map is technically correct and in full compliance with this Section, the County Surveyor may approve the Parcel Map in compliance with Map Act § 66463(b) or, if deemed appropriate, forward it to the Board for approval or disapproval. After approval, the Parcel Map shall be transmitted by the County Surveyor to the office of the County Recorder for recordation in compliance with Map Act § 66450.

(Ord. 4011, passed - -2007)

As required by § 87.01.080 (Type of Subdivision Approval Required), a Final Map shall be filed and approved to complete the subdivision process for a subdivision of five or more parcels. A Final Map shall be prepared, filed, and processed in compliance with §§ 87.03.080 et seq.

(Ord. 4011, passed - -2007)

A Final Map shall be prepared by or under the direction of a licensed land surveyor or civil engineer authorized to practice land surveying by the State of California. Final Map submittal shall include all information and other materials prepared as required by the County Surveyor policies, adopted standards, and the Map Act. (Ord. 4011, passed - -2007)

(a) Filing with County Surveyor. The Final Map, together with all data, information, and materials required by § 87.03.080 shall be submitted to the County Surveyor in compliance with the time limitations specified in § 87.02.120 (Tentative Map Time Limits and Expiration) and Subdivision (e) (Time Limit for Filing Final Map), below. The Final Map shall be considered submitted when it is complete and fully complies with all applicable provisions of the Map Act and this Development Code.

(b) Filing and Review of Advance Copy of Final Map.

(1) Filing with County Surveyor. After receipt of the action of the review authority approving or conditionally approving the Tentative Map, the subdivider may cause the real property included within the map, or any part thereof, to be surveyed and a Final Map prepared in compliance with the approved or conditionally approved Tentative Map application. An advance copy of the Final Map shall be filed with the County Surveyor.

(2) Contents of Advance Copy. The advance copy of the Final Map shall be accompanied by all documents required by the County Surveyor. The mapping standards issued by the County Surveyor list the submittal requirements for a Final Map.

(3) Review of Advance Copy for Condition Compliance. The County Surveyor shall be the primary coordinator in seeing that the conditions of approval of the Tentative Map have been fulfilled. The County Surveyor shall transmit maps to and request written reports from the County departments and public utilities, including any cable television systems, which have submitted recommendations on the Tentative Map. Within 20 days after receipt of an advance copy of the Final Map, the County department or utility shall issue a preliminary written report regarding the compliance or noncompliance of the advance copy of the Final Map to the matters under its jurisdiction.

(c) Filing of Official Copy of Final Map. If the advance copy of the Final Map has been found satisfactory by the County Surveyor, the subdivider shall cause the Final Map to be officially filed with the County Surveyor at least 20 days before the expiration of the approved or conditionally approved Tentative Map or any approved extension of time granted in compliance with § 87.02.130 (Extensions of Time for Tentative Maps). The Final Map shall not be officially filed until the engineer or surveyor has received notification from the County Surveyor that all provisions of the Tentative Map approval, the Map Act, this Development Code, the County Code, and applicable County standards have been complied with. The filing of the official copy of the Final Map with the County Surveyor shall constitute the timely filing of the Final Map.

(d) Review of Final Map.

(1) After the issuance of a receipt for the Final Map, the County Surveyor shall examine it as to sufficiency of affidavits and acknowledgements, correctness of surveying data, mathematical data and computations, and other matters which may require checking to ensure compliance with the provisions of the Map Act, this Division, and County Surveyor standards.

(2) If the Final Map is found to be in substantial compliance with the Tentative Map and is in correct form, the matters shown on the map are sufficient, and the County Surveyor is satisfied that all of the conditions of approval have been met, the County Surveyor shall endorse approval of the Final Map. The County Surveyor shall combine

with the Final Map the agreements, easements, and securities as required by this Division. The material shall be transmitted to the Board for its consideration of the Final Map.

(e) Time Limit for Filing Final Map. If the subdivider fails to file the Final Map with the County Surveyor and the required accompanying data with the appropriate County departments within 36 months after the date of first approval by the review authority or within any authorized extension of time, the Tentative Map approval or conditional approval shall become void. In this case, a new filing fee shall be paid, and an application for a new Tentative Map approval shall be filed.

(1) If 120 days before the submittal of a Final Map, the subdivider has failed to comply with the Tentative Map conditions which require the subdivider to construct or install off-site improvements on land in which neither the subdivider nor the County has sufficient title or interest, including an easement or license, then at the time the Final Map is filed with the local agency, to permit the improvements to be made, the subdivider shall enter into an agreement with the County through its Department of Public Works to pay all costs of the County in acquiring the property.

(2) The County shall have 120 days from the filing of the Final Map, in compliance with Map Act § 66457, to obtain interest in the land to allow the improvement(s) to be made by negotiation or proceedings in compliance with the Code of Civil Procedure §§ 1230.010 et seq. , including proceedings for immediate possession of the property under the Code of Civil Procedure §§ 1255.410 et seq.

(3) In the event the County fails to meet the 120-day time limitation, the condition for construction of off-site improvements shall be conclusively deemed to be waived.

(4) Before approval of the Final Map, the County may require the subdivider to enter into an agreement to complete the improvements, in compliance with Subdivision (f) (Improvement Agreements and Security Requirements), below, at the time as the County acquires an interest in the land which will allow the improvements to be made.

(5) “Off-site improvements,” as used in this Subdivision, do not include improvements which are necessary to ensure replacement or construction of housing for persons and families of low or moderate income, as defined in Health and Safety Code § 50093.

(f) Improvement Agreements and Security Requirements. If at the time of approval of the Final Map by the Board, any improvements required by local ordinance or as a condition of the approval of the Tentative Map have not been completed in compliance with County standards applicable at the time of the approval or conditional approval of the Tentative Map, the Board, as a condition precedent to approval of the Final Map, shall require the subdivider to enter into an agreement with the Board in compliance with § 87.07.040 (Improvement Agreements, Lien Agreements and Securities).

(g) Multiple Final Maps.

(1) Multiple Final Maps may only be filed if the subdivider included a statement of intention with the Tentative Map that the subdivider would submit multiple phased Final Maps.

(2) Project phasing and the filing of multiple Final Maps shall be in compliance with § 87.02.020 (Tentative Map Preparation, Application Contents).

(Ord. 4011, passed - -2007)

After determining that the Final Map is in compliance with § 87.03.080, and is technically correct, the County Surveyor shall execute the County Surveyor’s certificate on the map in compliance with Map Act § 66442, and forward the Final Map to the County Clerk for Board action, as follows.

(a) Review and Approval by Board. The Board shall approve or disapprove the Final Map at the meeting at which it receives the map from the County Surveyor or at its regular meeting after the meeting at which it receives the map, unless that time limit is extended with the mutual consent of the County Surveyor and the subdivider.

(1) Criteria for Approval. The Board shall approve the Final Map if it conforms to all of the requirements of the Map Act, all provisions of this Development Code that were applicable at the time that the Tentative Map was approved, and is in substantial compliance with the approved Tentative Map.

(2) Approval by Inaction. If the Board does not approve or disapprove the Final Map within the prescribed time or any authorized extension, and the map conforms to all applicable requirements, it shall be deemed approved, and the County Clerk shall certify its approval on the map.

(b) Map with Dedications. If a dedication or offer of dedication is required on the Final Map, the Board shall accept, accept subject to improvement, or reject any or all offers of dedication, at the same time as it takes action to approve the Final Map. If the Board rejects the offer of dedication, the offer shall remain open and may be accepted by the Board at a later date in compliance with Map Act § 66477.2. Any termination of an offer of dedication shall be processed in compliance with Map Act § 66477.2 using the same procedures as specified by the Streets and Highway Code Part 3 of Division 9.

(c) Map with Incomplete Improvements. If improvements required by this Development Code, conditions of approval, or other applicable laws have not been completed at the time of approval of the Final Map, the Board shall require the subdivider to enter into an agreement with the County as specified in Map Act § 66462, and § 87.07.040 (Improvement Agreements, Lien Agreements and Securities), as a condition precedent to the approval of the Final Map.

(d) Recording of Final Map.

(1) After action by the Board and after the required signatures and seals have been affixed, the Clerk of the Board shall transmit the Final Map back to the County Surveyor.

(2) The County Surveyor shall establish an appointment with the County Recorder for filing.

(3) The County Recorder shall oversee the recording of the Final Map.

(Ord. 4011, passed - -2007)

In addition to the information required to be included in a Parcel or Final Map (§§ 87.03.040 and 87.03.080, respectively), a Composite Development Plan may be required to be submitted and recorded as follows, as provided by Map Act § 66434.2 to provide additional and more detailed information.

(a) Applicability. The Director may require the filing of a Composite Development Plan at the time a Parcel or Final Map is accepted for recordation. The Composite Development Plan shall be filed with the Building and Safety Division concurrent with the recordation of the Final or Parcel Map.

(b) Content. A Composite Development Plan shall be prepared and shall include the information required by the Department handout on Composite Development Plans, as required by the Composite Development Plan Standards established by the County Surveyor and adopted by the Board, and as required by the conditions of approval.

(c) Filing and Review. A Composite Development Plan shall be filed as follows.

(1) Filing Advance Copy. At least three weeks before the recordation of the Parcel or Final Map, the Composite Development Plan shall be submitted for coordination of review to the County Surveyor.

(2) Filing Official Copy of Composite Development Plan. Concurrent with the filing for recordation of the Parcel or Final Map the Composite Development Plan, as approved by the Director and County Surveyor in compliance with this Section, shall be filed with the Building and Safety Division.

(d) Amendments to Plan.

(1) Should an error be made on the Parcel or Final Map which affects the Composite Development Plan approved in compliance with this Section, the Parcel or Final Map and the Composite Development Plan may be amended as approved by the County Surveyor and the Director. A Revision to an Approved Action application is required for all other changes to a Composite Development Plan in compliance with Chapter 85.12.

(2) The Director is authorized to approve amended Composite Development Plans when they do not adversely impact the conditions of other departments and the amendment is in substantial compliance with the conditions of approval of the Tentative or Parcel Map.

(3) Any request to modify or deviate from the standards that are shown on a Composite Development Plan shall be made in compliance with the provisions for Variances, except as otherwise provided by this Section. (Ord. 4011, passed - -2007)

A recorded Parcel or Final Map may be amended to correct errors in the recorded map or to change characteristics of the approved subdivision in compliance with Map Act Chapter 3, Article 7.

(a) Type of Corrections Allowed in Compliance with Map Act § 66469. In the event that errors in a Parcel or Final Map are discovered after recordation, or that other corrections are necessary, the corrections may be accomplished by either the filing of a certificate of correction or an amending map, in compliance with Map Act Chapter 3, Article 7. For the purposes of this Section, “errors” include errors in course or distance (but not changes in courses or distances from which an error is not ascertainable from the Parcel or Final Map), omission of any course or distance, errors in legal descriptions, or any other map error or omission as approved by the County Surveyor that does not affect any property right, including but not limited to parcel numbers, acreage, street names, and identification of adjacent record maps. Other corrections may include indicating monuments set by engineers or surveyors other than the one that was responsible for setting monuments, or showing the proper character or location of any monument that was incorrectly shown, or that has been changed.

(1) Application and Review Process. An application to amend a recorded Parcel or Final Map in compliance with Map Act § 66469 shall be filed with the County Surveyor. The County Surveyor shall determine if the changes requested may be approved with a certificate of correction or an amending map. The County Surveyor may request additional information based upon that determination and shall approve the certificate of correction or the amending map if the required findings can be made.

(2) Findings. A Parcel of Final Map may be amended, if the County Surveyor first finds all of the following to be true:

• (A) The changes requested only involve minor map annotation corrections;

• (B) The amendment(s) does not impose any additional burden on the fee owners of the real property;

(C) The amendment(s) does not alter any right, title, or interest in the real property reflected on the map; and

(D) The map, as amended, is still in compliance with Map Act § 66474.

(b) Type of Corrections Allowed in Compliance with Map Act § 66472.1. In the event that there are changes in circumstances which make any or all of the conditions of a recorded Parcel or Final Map no longer appropriate or necessary, the following procedures shall be followed to amend the map.

(1) Application and Review Process. An application to amend a recorded Parcel or Final Map in compliance with Map Act § 66472.1 shall be filed with the Director. The Director shall refer the application to the County Surveyor for comment. Once approved by both the Director and the County Surveyor, the application shall be sent to the Board for approval of either a certificate of correction or an amending map. The Board shall approve the application if the required findings can be made.

in compliance with Map Act § 66472.1 shall be filed with the Director. The Director shall refer the application to the County Surveyor for comment. Once approved by both the Director and the County Surveyor, the application shall be sent to the Board for approval of either a certificate of correction or an amending map. The Board shall approve the application if the required findings can be made.

(2) Findings. A Parcel of Final Map may be amended, if the Board first finds all of the following to be true:

(A) There are changes in circumstances that make any or all of the conditions of the map no longer appropriate or necessary;

• (B) The amendment(s) does not impose any additional burden on the fee owners of the real property;

• (C) The amendment(s) does not alter any right, title, or interest in the real property reflected on the map; and

• (D) The map, as amended, is still in compliance with Map Act § 66474.

(c) Recordation. After approval, the certificate of correction or amending map shall be submitted to the County Recorder for recordation.

(d) Amendment of an Approved Subdivision. In the event that a subdivider wishes to amend (e.g., change or modify) the characteristics of an approved subdivision (e.g., a recorded Parcel or Final Map), including but not limited to the number or configuration of parcels, location of streets or easements, or the nature of required improvements, the construction of which has been deferred through the approval of an agreement in compliance with § 87.07.040 (Improvement Agreements, Lien Agreements and Securities), the subdivider shall file a new Tentative, Parcel, or Final Map in compliance with this Division or comply with the requirements of Map Act § 66499.20-1/2. (Ord. 4011, passed - -2007)