§ 36.520

This Division establishes requirements for the preparation, filing, approval and recordation of Parcel and Final Maps, consistent with the requirements of the Map Act.

(Ord. No. 2108 § 1.)

As required by Sections 36.500.070 (Type of Subdivision Approval Required), and 36.510.110 (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 set forth in Section 36.520.030. A Parcel Map shall be prepared, filed and processed as set forth in Section 36.520.040, et seq.

(Ord. No. 2108 § 1.)

A subdivider may request waiver of a Parcel Map, and the waiver may be granted, in compliance with the Map Act.

(Ord. No. 2108 § 1.)

A Parcel Map shall be prepared by or under the direction of a qualified, registered civil engineer or licensed land surveyor, registered or licensed by the State of California. Parcel Map submittal shall include the application forms, and all information and other materials prepared as required by the Department.

(Ord. No. 2108 § 1.)

A. Filing with the City Engineer. The Parcel Map, together with all data, information and materials required by Section 36.510.020 shall be submitted to the City Engineer. The Parcel Map shall be considered submitted when it is complete and complies with all applicable provisions of this Zoning Code and the Map Act.

B. Review of Parcel Map. The City Engineer shall:

1. Determine whether all applicable provisions of this Zoning Code and the Map Act have been complied with, that the map is technically correct, and that it is in substantial compliance with the approved Tentative Map; and

2. Obtain verification from the Department that the Parcel Map conforms to the approved Tentative Map and that any conditions of approval for which that office is responsible have been completed.

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.

(Ord. No. 2108 § 1.)

After determining that the Parcel Map is in compliance and is technically correct in compliance with Section 36.520.040, the Director shall forward the Parcel Map to the Planning Commission for approval. If a dedication or offer of dedication is required on the Parcel Map, the Director shall forward the Parcel Map to the Council for approval. After action by the Commission approving the Parcel Map, the map shall be transmitted by the City Engineer to the County Recorder for filing in compliance with Section 66450 of the Map Act.

(Ord. No. 2108 § 1.)

As required by Section 36.500.070 (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 as set forth in Section 36.520.080 et seq.

(Ord. No. 2108 § 1.)

A Final Map shall be prepared by or under the direction of a qualified registered civil engineer or licensed land surveyor, registered or licensed by the State of California. Final Map submittal shall include all information and other materials prepared as required by the Department. A Final Map submittal shall also include a digital copy of the Final Map, prepared using computer software and standards specified by the City Engineer.

(Ord. No. 2108 § 1.)

A. Filing with City Engineer. The Final Map, together with all data, information and materials required by Section 36.520.080 shall be submitted to the City Engineer. The Final Map shall be considered submitted when it is complete and complies with all applicable provisions of this Zoning Code and the Map Act.

B. Review of Final Map. The City Engineer shall review the Final Map and all accompanying materials, and shall:

1. Determine whether all applicable provisions of this Zoning Code and the Map Act have been complied with, that the map is technically correct, and that it is in substantial compliance with the approved Tentative Map; and

2. Obtain verification from the Department that the Final Map conforms to the approved Tentative Map and that any conditions of approval for which that office is responsible have been completed.

If the Final Map does not conform as required above, the subdivider shall be notified, and given the opportunity to make necessary changes prior to Tentative Map expiration and resubmit the Parcel Map, together with all required data.

C. Multiple Final Maps. The subdivider may file multiple Final Maps on the approved Tentative Map if the subdivider either included a statement of intention with the Tentative Map or, if after the filing of the Tentative Map, the Director approved the request.

(Ord. No. 2108 § 1.)

After determining that the Final Map is in compliance and is technically correct in compliance with Section 36.520.080, the City Engineer shall execute the City Engineer’s certificate on the map in compliance with Map Act Section 66442, and forward the Final Map to the Council for action, as follows.

A. Review and approval by Council. The Council shall approve or disapprove the Final Map at its next regular meeting after the City Clerk receives the map, or at its next regular meeting after the meeting at which it receives the map, unless that time limit is extended with the mutual consent of the City Engineer and the subdivider.

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

2. Waiver of errors. The Council may approve a Final Map that fails to meet any of the requirements of this Zoning Code or the Map Act applicable at the time of approval of the Tentative Map, when the Council finds that the failure of the map is a technical or inadvertent error which, in the determination of the Council does not materially affect the validity of the map.

3. Approval by inaction. If the Council does not approve or disapprove the map within the prescribed time or any authorized extension, and the map conforms to all applicable requirements and rulings, it shall be deemed approved, and the City 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 Council shall accept, accept subject to improvement, or reject with or without prejudice any or all offers of dedication, at the same time as it takes action to approve the Final Map. If the City Council rejects the offer of dedication, the offer shall remain open and may be accepted by the City Council at a later date pursuant to Section 66477.2 of the Map Act. Any termination of an offer of dedication shall be processed in compliance with Section 66477.2 of the Map Act and the street vacation procedure.

C. Map with incomplete improvements. If improvements required by this Zoning Code, conditions of approval or by law have not been completed at the time of approval of the Final Map, the Council shall require the subdivider to enter into an agreement with the City as specified in Map Act Section 66462, and Section 36.540.080 (Improvement Agreements and Security), as a condition precedent to the approval of the Final Map.

D. Transmittal to Recorder. After action by the Council, and after the required signatures and seals have been affixed, the City Clerk shall transmit the Final Map to County Recorder for filing, in compliance with Section 36.520.120 (Recordation of Maps).

(Ord. No. 2108 § 1.)

In addition to the information required to be included in Parcel Maps and Final Maps (Sections 36.520.040 and 36.520.080, respectively), additional information may be required to be submitted and recorded simultaneously with a Final Map as required by this Section.

A. Preparation and form. The additional information required by this Section shall be presented in the form of additional map sheets, unless the Director determines that the type of information required would be more clearly and understandably presented in the form of a report or other document. The additional map sheet or sheets shall be prepared in the same manner and in substantially the same form as required for Parcel Maps by Section 36.520.040 (Parcel Map Form and Content).

B. Content of information sheets. Supplemental information sheets shall contain the following statements and information:

1. Title. A title sheet, including the number assigned to the accompanying Parcel or Final Map by the City Engineer, the words “Supplemental Information Sheet;”

2. Explanatory statement. A statement following the Title sheet that the supplemental information sheet is recorded along with the subject Parcel or Final Map, and that the additional information being recorded with the Parcel or Final Map is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title of interest;

3. Location map. A location map, at a scale not to exceed one inch equals 2,000 feet. The map shall indicate the location of the subdivision within the City;

4. Soils or geologic hazards reports. When a soils report or geological hazard report has been prepared, the existence of the report shall be noted on the information sheet, together with the date of the report and the name of the engineer making the report; and

5. Information required by conditions of approval. Any information required by the approval body to be included on the supplemental information sheet(s) because of its importance to potential successors in interest to the property, including any other easements or dedications.

(Ord. No. 2108 § 1.)

A. At the time of filing of a Parcel or Final Map with the County Recorder, the subdivider shall present to the County Recorder evidence that, at the time of filing the map, the parties consenting to the filing are all parties having vested fee interest in the property being subdivided and are parties required to sign the certificate described in Map Act Section 66445(e).

B. The County Recorder will review and act upon Parcel and Final Maps filed with that office as set forth in Article 6, Chapter 3 of the Map Act and other applicable provisions of state law.

(Ord. No. 2108 § 1.)

A recorded Parcel or Final Map shall be modified to correct errors in the recorded map or to change characteristics of the approved subdivision only as set forth in this Section.

A. Corrections. 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 Article 7, Chapter 3 of the Map Act. 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 City Engineer that does not affect any property right, including but not limited to lot 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.

B. Changes to approved subdivision. In the event that a subdivider wishes to change the characteristics of an approved subdivision, 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 Section 36.540.080 (Improvement Agreements and Security), a new tentative and Parcel or Final Map shall be filed and approved as required by Section 36.500.070 (Type of Subdivision Approval Required).

(Ord. No. 2108 § 1.)

Division 36.530. Additional Subdivision Procedures

Sections:

36.530.010 Purpose of Division.

36.530.020 Condominiums and Condominium Conversions.

36.530.030 Lot Line Adjustments.

36.530.040 Parcel Mergers.

36.530.050 Certificates of Compliance.