San Luis Obispo County Municipal Code Ch. 21.06 Parcel and Tract Map—filing

(a) An approved or conditionally approved tentative tract map shall expire twenty-four months after its approval or conditional approval. An approved or conditionally approved tentative parcel map shall expire twenty-four months after its approval or conditional approval.

(b) The expiration of the approved or conditionally approved tentative parcel map or tentative tract map shall terminate all proceedings, and no parcel or tract map of all or any portion of the real property included within such tentative parcel or tract map shall be filed without first processing a new tentative map.

(c) Upon application of the divider filed with the planning department prior to the expiration of the approved or conditionally approved tentative parcel map or tentative tract map, the advisory agency (the subdivision review board or planning commission) may extend or conditionally extend the time at which such map expires for a period or periods not exceeding a total of six years. The planning department shall make a written recommendation in its staff report to the advisory agency concerning the extension request. The decision of the advisory agency shall be final unless appealed to the board of supervisors within fifteen days after the date of the decision.

(d) An application by the divider filed with the planning department for a stay due to a development moratorium or a lawsuit involving the approval or conditional approval of a tentative parcel or tract map shall be reviewed and decided by the planning director. The decision of the planning director shall be final unless appealed to the board of supervisors within fifteen days after the date of the decision.

(e) For an approved or conditionally approved tentative parcel map or tentative tract map within the coastal zone that is appealable to the coastal commission, the time limits shall commence after the time limits for noticing the coastal commission (Section 23.01.043 of this code) have lapsed and there is no appeal, or where an appeal has been filed, after the coastal commission has made a final decision.

(Ord. 2943 § 10, 2001: Ord. 2636 § 46, 1993; Ord. 2582 § 13, 1992; Ord. 2581, § 27, 1992; Ord. 2343 § 19, 1988; Ord. 1986 § 2 (part), 1979)

(Ord. No. 3223, § 2, 4-3-12)

The parcel or tract map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor with content and form as prescribed by the Subdivision Map Act and any additional map requirements of this code consistent with the Subdivision Map Act.

(1) Parcel or Tract Map Information. The following information shall be shown on the parcel or tract map:

a. Any certificates required by the Subdivision Map Act shall be placed on the first sheet of the parcel or tract map. Map data shall appear on subsequent pages.

b. Map Data.

1. North arrow;

2. Graphic scale;

3. Vicinity map;

4. Adjoining lots and blocks;

5. Map reference;

6. Deed references if the property and the adjoining properties can only be located by deed descriptions;

7. Record distances, bearings and sources;

8. Approved road names and right-of-way widths;

9. All monuments described;

10. All easements shown;

11. Recording data for any offer of dedication;

12. Lot size in acres or square feet.

13. The basis of bearings shown on the map shall be referenced to the California Coordinate System 1983, Zone 5, (CCS83 Z5) as defined in California Public Resources Code Sections 8801-8819. Parcel maps based on record data only as provided for in Section 21.06.026 shall be exempt from this provision. Any other exemption shall be at the discretion of the county surveyor;

14. A minimum of two monumented locations on the exterior boundary of the subdivision shall be tied to CCS83 Z5 coordinates with the horizontal coordinates for each of those locations listed on the map and expressed in feet and decimal of a foot, in units of the "U.S. survey foot." The epoch of the coordinates shall also be shown on the map. Any exemption shall be at the discretion of the county surveyor.

c. Additional Information. In addition to the information indicated in subsections (1) and (2), whenever a condition of approval for a tentative parcel or tract map requires additional information pursuant to Government Code Section 66434.2 to be included in the record, that information shall be placed on an additional map sheet as follows:

1. The additional information may be in the form of text or map or both;

2. A statement that the additional information is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest;

3. A notation may be made that the additional information is derived from public records or reports, and does not imply the correctness or sufficiency of those reports or records by the preparer of the additional map sheet.

(Ord. 2636 § 47, 1993; Ord. 2581 § 28, 1992: Ord. 1986 § 2 (part), 1979)

(Ord. No. 3314, § 1, 1-26-16)

(a) If dedications or offers of dedication are required, they may be made either by certificate on the parcel of tract map, or by separate instrument. If dedications or offers of dedication are made by separate instrument, such dedications or offers of dedication shall be recorded concurrently with, or prior to, the parcel or tract map being filed for record. Separate instruments shall be referenced on the parcel or tract map.

(b) Such dedication or offers of dedication, whether by certificate or separate instrument, shall be signed by the same parties and in the same manner as set forth in Government Code Section 66439 for dedications by a final map.

(Ord. 2636 § 48, 1993; Ord. 1986 § 2 (part), 1979)

All tract maps shall be based upon a field survey in conformity with Government Code Section 66434.

(Ord. 2636 § 49, 1993; Ord. 1986 § 2 (part), 1979)

Parcel maps shall be based upon a field survey made in conformity with the Land Surveyor's Act.

(Ord. 2943 § 11, 2001: Ord. 2636 § 50, 1993; Ord. 1986 § 2 (part), 1979)

(Ord. No. 3314, § 1, 1-26-16)

(a) In making a survey, the surveyor shall set permanent monuments at all angle points and curve points on the exterior boundaries of the parcel or tract map, and at all parcel corners. Permanent monuments shall be set at angle and curve points on the centerline of the on-site streets so that each monument will be intervisible with at least two other monuments and shall be set at the point of intersection of all on-site streets. In the rural lands and agriculture land use categories, centerline street monuments at curve points may be omitted provided right-of-way monuments are installed at curve points.

(b) Any monument as required by this title which is disturbed or destroyed before acceptance of all improvements shall be replaced by the subdivider.

(c) All monuments shall be subject to the inspections and approval of the county surveyor before approval of the map. In case the street improvement work in the subdivision is proposed to be installed subsequent to the recordation of the map, the county surveyor may enter into a monumentation agreement with the divider and authorize posting of security in accordance with Government Code Sections 66495 et seq. to assure installation of the monuments required by this section which cannot be permanently placed until completion of the improvement work.

(Ord. 2636 § 51, 1993; Ord. 2581 § 29, 1992: Ord. 1986 § 2 (part), 1979)

Prior to the filing of the parcel or tract map with the clerk of the board of supervisors, said map and other data shall be submitted to the county surveyor, who shall examine it and determine if the subdivision as shown is substantially the same as it appears on the tentative parcel or tract map and any approved alterations thereof, if all provisions of the law and of this title applicable at the time of approval of the tentative parcel or tract map have been complied with, and that the map is technically correct. If the county surveyor determines that there is substantial conformity with the foregoing conditions, he shall so certify on the map.

(Ord. 2636 § 52, 1993; Ord. 2581 § 30, 1992: Ord. 1986 § 2 (part), 1979)

(a) Required Findings. The board of supervisors shall not approve a parcel or tract map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or stock cooperative project unless it makes all of the findings required by Government Code Section 66427.1.

(b) Approval of conversion of a rental mobilehome park to resident ownership.

(1) An application for the conversion of a rental mobilehome park to resident ownership shall be approved only if the review authority finds that:

a. A survey of resident support has been conducted and the results filed with the county in accordance with the requirements of Section 21.02.050(b) and Government Code Section 66427.5.

b. A conversion impact report has been completed and filed with the county in accordance with the requirements of Section 21.02.050(b) and Government Code Section 66427.5.

c. The conversion to resident ownership is consistent with the provisions of Title 21 of the San Luis Obispo County Code.

d. The conversion is a bona-fide resident conversion pursuant to subsection (b)(2).

e. There are no physical conditions existing in the mobilehome park that are detrimental to public health or safety, unless: (1) all of the findings required above in subsections (b)(l)a. through (b)(1)d. are made and (2) the subdivider has instituted corrective measures adequate to ensure prompt and continuing protection of the health and safety of park residents and the general public.

(2) For purposes of determining whether a proposed conversion is a bona-fide resident conversion, the following criteria shall be used:

a. More than Fifty Percent Residential Support. The conversion shall be considered a bona-fide resident conversion where the survey of resident support conducted in accordance with Section 21.02.050(b) and Government Code Section 66427.5 shows that more than fifty percent of resident households support the conversion to resident ownership.

b. Twenty to Fifty Percent Residential Support. Where the survey of resident support conducted in accordance with Section 21.02.050(b) and Government Code Section 66427.5 show that at least twenty percent but not more than fifty percent of resident households support the conversion to resident ownership, the subdivider shall have the burden of demonstrating that the proposed conversion is a bona-fide resident conversion. In such cases, the subdivider shall demonstrate, at a minimum, that a viable plan, with a reasonable likelihood of success as determined by the decision-maker, is in place to convey the majority of the lots to current residents of the park within a reasonable period of time. The plan shall also include effort(s) on the part of the subdivider to assist both purchasing and non-purchasing households in making a successful transition to resident ownership of the park.

c. Less than Twenty Percent Residential Support. The conversion shall not be considered a bona-fide resident conversion where the survey of support conducted in accordance with Section 21.02.050(b) and Government Code Section 66427.5 show that less than twenty percent of resident households support the conversion to resident ownership.

(3) Tenant Notification. The following tenant notifications are required:

a. Conversion Impact Report. The subdivider shall give each resident household a copy of the conversion impact report required by Section 21.02.050(b) and Government Code Section 66427.5 (b) within fifteen days after completion of such report, but in no case less than fifteen days prior to when the survey of support is conducted and no less than fifteen days prior to the public hearing on the application for conversion. The subdivider shall also provide a copy of the report to any new or prospective residents following the original distribution of the report.

b. Exclusive Right to Purchase. If the application for conversion is approved, the subdivider shall give each resident household written notice of its exclusive right to contract for the purchase of the dwelling unit and/or space it occupies at the same or more favorable terms and conditions than those on which such unit of space shall be initially offered to the general public.

The right shall run for a period of not less than ninety days from the issuance of the subdivision public report ("white paper") pursuant to California Business and Professions Code 11018.2, unless the subdivider received prior written notice of the resident's intention not to exercise such right.

c. Right to Continue Residency as Tenant. If the application for conversion is approved, the subdivider shall give each resident household written notice of its right to continue residency as a tenant in the park as required by Government Code Section 66427.5(a).

(Ord. 2636 § 53, 1993; Ord. 2581 § 31, 1992: Ord. 2070 § 9, 1981)

(Ord. No. 3173, § 2, 2-10-09)

(a) At its first regular meeting following the filing of the parcel or tract map with the clerk of the board of supervisors, or within ten days after such filing, whichever date is later, the board of supervisors shall consider the map and the offers of dedication. The board of supervisors shall accept, accept subject to improvement, or reject any offer of dedication. In the event that all improvements required or conditions imposed upon approval under the terms of this title or by law are not completed before the filing of the map, the director of public works may either enter into an agreement with the subdivider for posting security as provided in this title or, if permitted, in the case of a parcel map, notice the requirement for construction of off-site and on-site improvements by certification on the parcel map. In such case, when the agreement, security, and/or certificates and statements have been approved by the county counsel as to form, and by the director of public works as to sufficiency, the board of supervisors may consider the map.

(b) The board of supervisors shall approve the map if it is determined to be in conformity with the requirements of this title and the Subdivision Map Act. The board of supervisors shall disapprove the map if it is determined to be not in conformity with this title or the Subdivision Map Act, and shall advise the subdivider of its disapproval and the reason or reasons therefor. Within thirty days, the subdivider may file with the county surveyor a map altered to conform to the requirements of the board of supervisors and to the procedures specified under this title.

(c) The clerk of the board of supervisors upon the approval of the parcel or tract map, the receipt of the necessary recording fee, and after the signatures and seals have been affixed, shall certify the board's approval on the map and transmit the map to the county recorder who shall certify and file the same as prescribed by the Subdivision Map Act. No map shall have any force or effect until the same has been filed by the county recorder. No title to any property described in any offer of dedication shall pass until the parcel or tract map has been filed by the county recorder or a resolution of acceptance by the board of supervisors is filed in the office of the county recorder.

(Ord. 2943 § 12, 2001; Ord. 2636 §§ 54, 1993; Ord. 2581 § 32, 1992: Ord. 1986 § 2 (part), 1979)

The board of supervisors may approve a parcel or tract map which fails to meet any of the requirements or conditions imposed by this title or by the Subdivision Map Act applicable at the time of approval of the tentative map when the board of supervisors finds that the failure of the map is a technical or inadvertent error which, in the determination of the board of supervisors, does not materially affect the validity of the map.

(Ord. 2636 § 55, 1993; Ord. 1986 § 2 (part), 1979)

The subdivider shall present to the county recorder evidence that, at the time of the filing of the parcel or tract map in the office of the county recorder, the parties consenting to such filing are all of the parties having any vested fee interest in the real property being subdivided and are the parties required to sign the certificate described in Section 21.06.020. A subdivision guarantee, guaranteeing in the sum of not less than ten thousand dollars the name of the parties whose signatures are necessary under Government Code Section 66436, updated to the time of filing of the parcel or tract map by the county recorder, shall be sufficient to satisfy this evidentiary requirement.

(Ord. 2636 §§ 56, 57, 1993: Ord. 2602 § 14, 1993: Ord. 2581 § 33, 1992: Ord. 1986 § 2 (part), 1979)

(a) In addition to the amendments authorized by Government Code Section 66469, a recorded parcel map or a recorded tract map may be modified by a certificate of correction or an amending map if the advisory agency makes all of the following findings:

(1) That there are changes in circumstances which make any or all of the conditions of such a map no longer appropriate or necessary; and

(2) That the modifications do not impose any additional burden on the present fee owner of the property; and

(3) That the modifications do not alter any right, title or interest in the property reflected on the recorded map; and

(4) That the map as modified conforms to the provisions of Government Code Section 66474.

(b) The decision of the advisory agency shall be made after holding a noticed public hearing, which shall be confined to a consideration of and action on the proposed modifications. The decision of the advisory agency shall be final unless appealed to the board of supervisors pursuant to Section 21.04.020 of this title.

(Ord. 2636 §§ 58, 59, 1993; Ord. 2602 § 15, 1993; Ord. 2581 § 34, 1992)

The property may be conveyed by reference to parcels shown on the approved parcel or tract map, as filed by the county recorder.

(Ord. 2636 § 60, 1993; Ord. 1986 § 2 (part), 1979)

(a) The rights conferred by a vesting tentative parcel map or a vesting tentative tract map shall last for an initial time period of two years beyond the recording of the parcel map or tract map. Where several tract maps are recorded on various phases of a project covered by a single vesting tentative tract map, the two-year initial time period shall begin for each phase when the tract map for that phase is recorded.

(b) The initial two-year time period shall be automatically extended by any time used by the planning department for processing a complete application for a grading permit or for design or architectural review, if the time used by the planning department to process the application exceeds thirty days from the date that a complete application is filed. At any time prior to the expiration of the initial two-year time period, the divider may apply to the planning director for a one-year time extension. The decision of the planning director shall be final unless appealed to the board of supervisors within fifteen days after the date of the decision.

(c) If the divider submits a complete application for a building permit during the periods of time specified in subsection (b), the rights conferred by Government Code Sections 66498.1 through 66498.9 shall continue until the expiration of that permit, or any extension of that permit granted by the planning department.

(Ord. 2943 § 13, 2001)

(a) The parcel or tract map procedure set forth in this title may be utilized for the purpose of reverting to acreage (i.e., to a single parcel) land previously subdivided. Any tentative map submitted for this purpose shall be accompanied by evidence of title and nonuse or lack of necessity of any streets or easements which are to be vacated or abandoned. Any streets or easements to be left in effect after the reversion shall be adequately delineated on the map.

(b) A parcel map is authorized to be filed under the provisions of this title and the Subdivision Map Act for the purpose of reverting to acreage land previously subdivided and consisting of four or less contiguous parcels under the same ownership as authorized by Government Code Section 66499.20¼.

(Ord. 2636 § 61, 1993; Ord. 2581 § 35, 1992: Ord. 1986 § 2 (part), 1979)

Two or more contiguous parcels or units of land under common ownership which have been created under provisions of this title or any previous law regulating the division of land or which were not subject to such provisions at the time of their creation may be merged without reverting to acreage pursuant to the provisions of this section.

(1) Application Content. The content of a voluntary merger application shall be the same as for certificates of compliance and conditional certificates of compliance as set forth in Section 21.02.020 of this title and shall also include the following:

a. Owners Consent. A certificate prepared according to the standards set forth in Government Code Section 66436, signed and acknowledged by all parties having any record title interest in the real property proposed to be merged, consenting to the preparation and recordation of the notice of merger and to the waiver of notice of said merger.

b. Legal Description. The application shall contain a legal description signed and sealed by a registered civil engineer or licensed land surveyor for each of the resulting parcels proposed by the voluntary merger.

(2) Processing. Voluntary merger applications are to be submitted to the planning department and shall be processed as follows:

a. Review. Upon receipt of a complete voluntary merger application and all necessary accompanying information, the planning director shall cause a notice of merger to be filed with the county recorder within ninety days; provided, however, all proceedings shall terminate and no merger occur upon receipt of a written request withdrawing the application by any owner of an interest in the real property to be merged or upon determination by the planning director that the merger will be contrary to the public health, safety and welfare of the county.

(3) Effect of Merger. The recording of the notice of merger shall constitute a merger of the separate parcels or units of land into one parcel for the purposes of this title by operation of law. Such merger shall have no effect on streets, easements, or any dedications or offers of dedications or any other recorded interest.

(4) Appeal. Decisions of the planning director made under the provisions of this section are final unless appealed by an applicant or any aggrieved person to the board of supervisors within fourteen days after the date of the decision.

(Ord. 2636 §§ 62, 63, 1993; Ord. 2581 § 36, 1992)