Tiburon Municipal Code Art. 3 Minor Subdivisions

A tentative map and a subsequent parcel map shall be required for all divisions of land into four or fewer parcels and for divisions of land into five or more parcels in the situations described in section 14-2.201(a), (b), (c), (d), or (e), including construction or conversion of a condominium project, unless the director of community development, with the concurrence of the town engineer, waives the requirement for a parcel map pursuant to section 14-3.312. A tentative map and parcel map shall not be required for lot line adjustments that meet the requirements of article 4 of this chapter or in certain other situations as specified in the Subdivision Map Act. The tentative map application for divisions of land into four or fewer parcels and other applicable situations set forth in this section shall be processed in accordance with provisions of article 2, sections 14-2.202 through 14-2.211 of this chapter.

(Ord. No. 573 N.S., § 3, 6-7-2017)

The filing of a parcel map, in conformance with an approved or conditionally approved tentative map obtained pursuant to article 2 of this chapter, shall be a condition of approval of any minor subdivision except as otherwise provided herein. Fifteen paper "check prints" of a parcel map and one electronic copy, prepared as described in section 14-3.303, shall be filed with the director of community development, accompanied by a final map or parcel map application form provided by the director, data and reports as set forth in section 14-3.304, and the fees as set forth in the applicable town fee schedule(s). If the subdivision lies partially within two or more municipalities, the parcel map shall be filed with each municipality and acted upon by each.

(Ord. No. 573 N.S., § 3, 6-7-2017)

The form and content of a parcel map shall be the same as that of a final map, as set forth in section 14-2.213. If the subdivider does not have a record title ownership interest in the property to be divided, the subdivider shall provide the town with satisfactory evidence that the persons with record title ownership have consented to the proposed division. For purposes of this subsection, "record title ownership" means fee title of record unless a leasehold interest is to be divided, in which case "record title ownership" means ownership of record of the leasehold interest.

(Ord. No. 573 N.S., § 3, 6-7-2017)

The parcel map shall be accompanied by the same data and reports as may be required by the director of community development and town engineer for a final map pursuant to section 14-2.214.

(Ord. No. 573 N.S., § 3, 6-7-2017)

(a) Determination of complete application. The director of community development shall determine whether an application is complete within thirty days after receipt of the application and shall notify the applicant of the determination in writing. A parcel map application shall be deemed complete and accepted for filing only when the director of community development and town engineer determine that:

(1) All maps and information required by these subdivision regulations and the Subdivision Map Act have been submitted, checked and accepted as complete.

(2) All conditions of approval from the tentative map, any applicable precise development plan or other zoning permit approval, and all mitigation measures are satisfactorily addressed in the reasonable discretion of the director of community development and town engineer.

(3) The required fees and deposits as set forth in the applicable town fee schedule(s) have been paid.

(b) Referral. Upon receipt of a parcel map application, the director shall forward the application to the town engineer for review. At his or her discretion, the director may also forward copies of the application to other affected town departments, public agencies, utilities and interested parties. The affected public agencies and utilities may, in turn, forward to the director their findings and recommendations.

(Ord. No. 573 N.S., § 3, 6-7-2017)

The town engineer shall review the parcel map application and cause any changes to be made that are legally required for approval, such that he or she may make the following findings:

(a) That all provisions of law and of this chapter applicable at the time of approval of the parcel map have been complied with; and

(b) That the map is technically correct.

(Ord. No. 573 N.S., § 3, 6-7-2017)

(a) Submittal of original map. Upon completion of review and satisfaction by the town engineer and director of community development, the subdivider's engineer or surveyor shall submit the signed original of the parcel map to the town engineer and director of community development for their signatures and transmittal to the town council.

(b) Certification by town engineer and director of community development. When the town engineer and director of community development are satisfied that the parcel map meets the requirements of this chapter, they shall certify the map by signing the statements contained on the parcel map.

(Ord. No. 573 N.S., § 3, 6-7-2017)

(a) Action required. The town council shall approve or disapprove a parcel map within fifty days after its acceptance for filing, unless a mutual extension of time has been agreed upon in writing.

(b) Approval by inaction. If the town council does not approve or disapprove the map within the prescribed time, or any authorized extension thereof, and the map conforms to all requirements and rulings, it shall be deemed approved, and the town clerk shall certify or state its approval thereon.

(Ord. No. 573 N.S., § 3, 6-7-2017)

If any dedications are required pursuant to article 6 of this chapter, the town council shall by resolution accept, accept subject to improvement, or reject any offer of dedication prior to recordation of the parcel map. The town clerk shall certify the acceptance or rejection by signing a statement to this effect on the parcel map.

(Ord. No. 573 N.S., § 3, 6-7-2017)

Except as provided in section 66493 of the Subdivision Map Act, upon certification of the parcel map by the town engineer and director of community development, acceptance or rejection of any dedications by the town council, and certification of such by the town clerk, the map shall be submitted to the Marin County Recorder by the town or by a title company or other authorized agent that the town has designated for transmittal to the county recorder. If any part of the subdivision is subject to a lien for taxes or special assessments collected as taxes which are not yet payable, the parcel map shall be processed in accordance with section 66493 of the Subdivision Map Act. If the subdivider dedicates property to the town, a certificate concerning the dedication as provided in section 14-6.607 shall be included on the face of the parcel map. A copy of the recorded map shall be provided to the director by the subdivider upon recordation.

(Ord. No. 573 N.S., § 3, 6-7-2017)

(a) General. After a parcel map is recorded by the Marin County Recorder, it may be amended by a certificate of correction or amending map. Corrections of errors and omissions may be approved by the town engineer pursuant to subsection (b) of this section. Modifications to a parcel map due to changes that make any or all of the conditions of the map no longer appropriate or necessary require approval of the director of community development pursuant to subsection (c) of this section. The amending map or certificate of correction shall be prepared by or under the direction of a land surveyor registered in the State of California or a civil engineer registered in the State of California who is authorized to perform land surveying. The form and contents of an amending map shall conform to the requirements for the form and contents of a parcel map as set forth in section 14-3.303. An amending map shall set forth in detail the corrections made and show the names of the owners of the property affected by the correction or omission as of the date of the filing or recording of the original recorded map.

(b) Corrections.

(1) Purposes. The town engineer may approve a certificate of correction or amending map for any of the following purposes:

a. To correct an error in any course or distance shown on the map.

b. To show any course or distance that was omitted from the map.

c. To correct an error in the description of the real property shown on the map.

d. To indicate monuments set after the death, disability, retirement from practice, or replacement of the engineer or surveyor charged with responsibilities for setting monuments.

e. To show the proper location of any monument that has been changed in location or character, or that was originally shown at the wrong location or incorrectly as to its character.

f. To correct any additional information filed or recorded pursuant to section 66434.2 of the Subdivision Map Act if the correction does not impose any additional burden on the present owners of the property and does not alter any right, title, or interest in the real property reflected on the recorded map.

g. To correct any other type of map error or omission as approved by the town engineer that does not affect any property right, including, but not limited to, lot numbers, acreage, street names, and identification of adjacent record maps.

As used in this subsection, "error" does not include changes in courses or distances from which an error is not ascertainable from the data shown on the parcel map.

(2) Review. The amending map or certificate of correction shall be submitted to the town engineer for review and approval, accompanied by the required fee as set forth in the applicable town fee schedule(s). The town engineer shall examine the amending map or certificate of correction and, if the only changes are those set forth in subsection (b)(1) of this section, the town engineer shall certify to this fact on the amending map or certificate of correction.

(3) Certificate of correction. The town engineer shall have twenty working days to examine the certificate of correction for compliance with this chapter, endorse a statement on it of his or her examination and certification, and present it to the County Recorder for recordation. If the town engineer determines that the certificate of correction fails to comply with this chapter, the town engineer shall return the certificate to the applicant with a written statement of the changes necessary. The town engineer shall have twenty working days after resubmission and approval of the amended certificate of correction to present it to the County Recorder for recordation.

(c) Modifications. The planning commission, after having held a public hearing, may approve any modifications to a parcel map due to changes that make any or all of the conditions of the map no longer appropriate or necessary, provided that all of the following findings are made:

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

(2) The modifications do not impose any additional burden on the fee owners of the real property.

(3) The modifications do not alter any right, title, or interest in the real property reflected on the recorded map.

(4) A general finding that the map as modified continues to conform to the findings of section 14-2.208(c) and section 66464 of the Subdivision Map Act.

(d) Appeal. The decision of the planning commission is appealable de novo to the town council using procedures set forth in article 6 of chapter 16 and pursuant to section 66452.5 of the Subdivision Map Act.

(e) Certification and recordation. The town engineer shall certify the amending map or certificate of correction as approved by the planning commission or by the town council on appeal. The amending map or certificate of correction certified by the town engineer shall be filed by the town in the office of the Marin County Recorder. After the County Recorder takes the actions required by section 66472 of the Subdivision Map Act, the original map shall be deemed to have been conclusively so corrected and shall impart constructive notice of all the corrections in the same manner as though set forth on the original map.

(Ord. No. 573 N.S., § 3, 6-7-2017)

(a) Applicability. Pursuant to section 66428(b) of the Subdivision Map Act, the director of community development with the concurrence of the town engineer may waive the requirement for preparation and filing of a parcel map for any of the following:

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

(2) Division of real property resulting from the conveyance of land or any interest therein to or from the town, public entity or public utility for a public purpose, such as park sites, school sites, public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage, etc.

(b) Procedure. Any person desiring to obtain the approval of a parcel map waiver shall file two paper prints of a plat and legal description with the director of community development, accompanied by an application form provided by the director, and the fees as set forth in the applicable town fee schedule(s). The form and content of such plat and legal description shall be as specified by the director and town engineer.

(c) Action required. The director of community development shall approve, conditionally approve, or deny a parcel map waiver within sixty days of the application being deemed complete.

(d) Findings. In order to approve a parcel map waiver the director of community development shall find that the proposed division of land complies with requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act, this chapter, this Code, and the general plan.

(e) Conditions. Approval of a parcel map waiver may be conditioned to provide for, among other things, payment by the subdivider of parkland dedication, drainage, and other fees that are permitted by law.

(f) Appeals. The director of community development's decision on a parcel map waiver may be appealed to the planning commission pursuant to article 6 of chapter 16 and section 66452.5 of the Subdivision Map Act. The decision of the planning commission shall be final.

(g) Recordation. Following the expiration of the appeal period pursuant to subsection (f) of this section, or the planning commission's final decision if appealed and approved, the town engineer shall forward a plat and legal description of the approved division of land and a certificate of compliance identifying the real property and stating that the approved division of land complies with the provisions of the Subdivision Map Act and this article to the Marin County Recorder or to a title company or other authorized agent that the town has designated for transmittal to the county recorder.

(Ord. No. 573 N.S., § 3, 6-7-2017)