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

As required by Sections 18.90.030 (Applicability), and 18.96.110 (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 18.98.030. A Parcel Map shall be prepared, filed and processed as set forth in Sections 18.98.040 through 18.98.060.

A subdivider may request waiver of a Parcel Map, and the Zoning Administrator may grant the waiver in compliance with this Section.

• A. When waiver is allowed. Waiver of a Parcel Map may be requested by a subdivider and granted by the Zoning Administrator for a subdivision that results in the creation of only two parcels, and the boundaries of the original parcel have been previously surveyed and a map recorded, and are certain as to location.

• B. Application processing and approval. A request for waiver of Parcel Map shall be submitted with the Tentative Map application, together with the required filing fee. The waiver request shall be processed and acted upon concurrently with the Tentative Map application. The Zoning Administrator may grant a requested waiver if:

  1. The proposed Tentative Map satisfies all findings required for approval by Section 18.96.060 (Tentative Map Approval or Denial); and

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2. The proposed subdivision complies with all applicable requirements of the Map Act and this Development Code as to lot area, improvement and design, drainage, flood control, appropriate improved public roads, sewage disposal facilities, water supply availability, and environmental protection.

• C. Expiration of waiver. An approved waiver of Parcel Map shall be subject to the same time limits and opportunities for extension of time as the accompanying Tentative Map, in compliance with Sections 18.96.140 (Expiration of Approved Tentative Map) and 18.96.150 (Extensions of Time for Tentative Maps), and Subsection D. of this Section, following.

• D. Completion of subdivision. A subdivision for which a Parcel Map has been waived shall be completed by the subdivider satisfying all conditions of approval, and by then filing and obtaining approval of a certificate of completion in compliance with this Section.

  1. Preparation and filing of certificate. The subdivider shall submit an application for a certificate of completion to the Town Engineer for review and approval, including the following information.

  - a. A diagram or exhibit illustrating the configuration and dimensions of the parcels described in the legal descriptions submitted with the certificate of completion. 
  
  - b. A statement signed by the subdivider under penalty of perjury that no change in the ownership of the subject property has occurred since the submittal of the title report with the Tentative Map application. If a change in ownership has occurred, the subdivider shall submit a new title report issued within 60 days before the filing of the certificate of completion application. 
  
  - c. A statement by a registered civil engineer, licensed land surveyor, or title company verifying that any required access easements extend to a publicly maintained road. 
  
  - d. A certificate of completion in the form required by the Town Engineer, prepared for recording, including:
  

• (1) A list of all requirements imposed as conditions of approval of the Tentative Map, including but not limited to any requirements for the construction of offsite and onsite improvements;

     - (2) A statement signed by the owner under penalty of perjury attesting that all of the conditions of approval of the Tentative Map have been met or provided for under the terms of an acceptable subdivision agreement secured by appropriate surety as prescribed by the Map Act; and 
  
     - (3) A legal description of each parcel created in substantial conformance with the approved Tentative Map, prepared by a registered civil engineer or licensed land surveyor. 
  
  - e. Any required recordation fees.
  

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2. Review and approval of certificate. The Town Engineer shall review, approve or deny, and complete the processing of a certificate of completion by examining the materials submitted and performing other investigations as necessary to ensure that:

• a. All record title owners have consented to the subdivision;

• b. The certificate of completion accurately describes the conditions of approval, and that the conditions of approval have been satisfactorily completed; and

• c. The legal descriptions on the certificate are accurate, and are in substantial conformance with the approved Tentative Map.

If the Town Engineer is satisfied that the certificate of completion and materials submitted with it comply with the above requirements, the Town Engineer shall place an endorsed approval upon the face of the certificate and shall file it with the County Recorder. Upon recording, the subdivision shall be deemed completed, and the parcels created by the subdivision may be conveyed or otherwise transferred.

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 submittals shall include the application forms, and all information and other materials prepared as required by the Department. A Parcel Map submittal shall also include a digital copy of the Parcel Map, prepared using computer software and standards specified by the Town Engineer.

• A. Filing with the Town Engineer. The Parcel Map, together with all data, information and materials required by Section 18.98.040 above shall be submitted to the Town Engineer. The Parcel Map shall be considered submitted when it is complete and complies with all applicable provisions of this Development Code and the Map Act.

• B. Review of Parcel Map. The Town Engineer shall:

  1. Determine whether the parcel map complies with all applicable provisions of this Development Code and the Map Act and all conditions of approval of the Tentative Map, 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.

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After determining that the Parcel Map is technically correct in compliance with Section 18.98.040, and in compliance with all other applicable provisions of this Article and the Development Code, the Town Engineer shall execute the Town Engineer's certificate on the map as required by Map Act Section 66450, and approve or deny the Parcel Map in compliance with this Section.

• A. Criteria for approval. The Town Engineer shall approve the Parcel Map if it complies with all the requirements of the Map Act, all conditions of approval of the Tentative Map, 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.

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

• C. Map with dedications. If a dedication or offer of dedication is required on the Parcel Map, the Town Engineer shall accept, accept subject to improvement, accept for public use without accepting responsibility for maintenance, or reject with or without prejudice any or all offers of dedication, at the same time as the Town Engineer takes action to approve the Parcel Map.

• D. Map with incomplete improvements. If improvements required by this Development Code, conditions of approval or by law have not been completed at the time of approval of the Parcel Map, the subdivider shall enter into an agreement with the Town as specified in Map Act Section 66462, and Section 18.108.040 (Subdivision Improvement Agreements and Security), as a condition precedent to the approval of the Parcel Map.

• E. Transmittal to Recorder. After action by the Town Engineer and after the required signatures and seals have been affixed, the Town Engineer shall transmit the Parcel Map to County Recorder for filing, in compliance with Section 18.98.120 (Recordation of Maps).

• F. Permits prior to map recordation. In accordance with Health and Safety Code Section 19828, the Town Engineer may authorize the issuance of a building permit for construction on a parcel to be created by a map prior to recordation of the Parcel Map if the Town Engineer finds that all conditions of the Parcel Map have been fulfilled and the map may be recorded.

• G. Appeal. A decision of the Town Engineer to approve or disapprove a Parcel Map may be appealed to the Town Council in compliance with Chapter 18.140 (Appeals). The hearing on the appeal shall be held within 30 days after the date of filing the appeal. The Council shall reach its decision within 10 days following the conclusion of the hearing.

As required by Section 18.90.030 (Applicability), 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 Sections 18.98.080 through 18.98.100.

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Parcel Maps and Final Maps

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 submittals shall include the application forms, and 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 Town Engineer.

• A. Filing with Town Engineer. The Final Map, together with all data, information and materials required by Section 18.98.080 above shall be submitted to the Town Engineer. The Final Map shall be considered submitted when it is complete and complies with all applicable provisions of this Development Code and the Map Act.

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

  1. Determine whether the map and subdivision comply with all applicable provisions of this Development Code and the Map Act, including the conditions of approval of the Tentative Map, 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 and resubmit the Final 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.

After determining that the Final Map is technically correct in compliance with Section 18.98.080, and in compliance with all other applicable provisions of this Article and the Development Code, the Town Engineer shall execute the Town Engineer's certificate on the map as required by Map Act Section 66442, and approve or deny the Final Map in compliance with this Section.

• A. Criteria for approval. The Town Engineer shall approve the Final Map if it complies with all the requirements of the Map Act, all conditions of approval of the Tentative Map, 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.

• B. Notification of Town Council. Prior to approval or disapproval of the Final Map, the Town Engineer shall notify the Town Council of the Town Engineer’s pending action on the Final

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Map at its next regular meeting after the Final Map is filed with the Town Engineer. The Town Clerk shall provide notice of the Town Engineer’s pending action by attaching and posting said notice with the Council’s regular agenda and mailing such notice to any interested party who requests notice. The Town Engineer shall approve or disapprove the Final Map within 10 days following the meeting of the Town Council.

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

• D. Approval by inaction. If the Town Engineer does not approve or deny 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 Town Clerk shall certify its approval on the map.

• E. Map with dedications. If a dedication or offer of dedication is required on the Final Map, the Town Engineer shall accept, accept subject to improvement, accept for public use without accepting responsibility for maintenance, or reject with or without prejudice any or all offers of dedication, at the same time as the Town Engineer takes action to approve the Final Map.

• F. Map with incomplete improvements. If improvements required by this Development Code, conditions of approval or by law have not been completed at the time of approval of the Final Map, the subdivider shall enter into an agreement with the Town as specified in Map Act Section 66462, and Section 18.108.040 (Subdivision Improvement Agreements and Security), as a condition precedent to the approval of the Final Map.

te improvements.** If improvements required by this Development Code, conditions of approval or by law have not been completed at the time of approval of the Final Map, the subdivider shall enter into an agreement with the Town as specified in Map Act Section 66462, and Section 18.108.040 (Subdivision Improvement Agreements and Security), as a condition precedent to the approval of the Final Map.

• G. Transmittal to Recorder. After action by the Town Engineer and after the required signatures and seals have been affixed, the Town Engineer shall transmit the Final Map to County Recorder for filing, in compliance with Section 18.98.120 (Recordation of Maps).

• H. Permits prior to map recordation. In accordance with Health and Safety Code Section 19828, the Town Engineer may authorize the issuance of a building permit for construction on a parcel to be created by a map prior to recordation of the Final Map if the Town Engineer finds that all conditions of the Final Map have been fulfilled and the map may be recorded.

• I. Appeal. A decision of the Town Engineer to approve or disapprove a Final Map may be appealed to the Town Council in compliance with Chapter 18.140 (Appeals). The hearing on the appeal shall be held within 30 days after the date of filing the appeal. The Council shall reach its decision within 10 days following the conclusion of the hearing.

In addition to the information required to be included in Parcel Maps and Final Maps (Sections 18.98.040 and 18.98.080, respectively), additional information may be required to be submitted and recorded simultaneously with a Parcel or Final Map as required by this Section.

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• 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 18.98.040 (Parcel Map Form and Content).

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

  1. Title. A title, including the number assigned to the accompanying Parcel or Final Map by the Town Engineer, the words "Supplemental Information Sheet;"

  2. Explanatory statement. A statement following the title 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 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 Town;

  4. Areas subject to flooding. Identification of all lands within the subdivision subject to periodic inundation by water;

  5. 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

  6. 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.

• 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.

When a properly endorsed Parcel or Final Map has been filed for record, the subdivision or reversion to acreage shall be deemed complete, and the new parcels may be conveyed or otherwise transferred.

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The recordation of the map shall have the effect of eliminating any lot lines that existed within the boundaries of the subdivision before approval of the Tentative Map.

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 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. 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 18.108.040 (Subdivision Improvement Agreements and Security), a new tentative and Parcel or Final Map shall be filed and approved as required by Section 18.90.030 (Applicability).

C. Modifications to Recorded Maps.

1. Purpose. For the purposes of this section, a recorded map shall mean a subdivision recorded as either a Parcel or Final Map, approved pursuant to Chapter 18.98 of this Development Code. The provisions of this Section set forth findings and procedures for modification of the conditions of approval and/or recorded restrictions for recorded Parcel or Final Maps, pursuant to Government Code Section 66472 and pursuant to the Town’s police power. This may include modifying the characteristics of one or more parcels within a subdivision for the purpose of relocating a recorded building envelope, reducing a required setback, or modifying other restrictions on the recorded map.

2. Materials for Filing. Any applicant proposing a modification to a recorded Parcel or Final Map pursuant to this section shall submit the following information:

   • a. An exhibit plat and legal description prepared and stamped by a licensed surveyor or qualified engineer;

   • b. A complete description of the proposed modification;

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• c. A detailed written description of the manner in which the proposed modification meets the findings described in Subsection 6 of this Section; and

• d. Any additional materials required by the Town at the time of application submittal.

3. Applicant. An application for a modification to a recorded Parcel or Final Map shall be signed by all parties having any record title interest that may be affected by the requested modification.

4. Easements. For the purpose of this section, the modification of a condition relating to an easement (e.g., location or use) shall not be found to alter any right, title or interest in the real property if the application is signed by all parties having any record title interest in the real property subject to the recorded Parcel or Final Map.

5. Procedure. Any proposed modification of a Parcel or Final Map shall require a public hearing before the review authority that approved the Tentative Map, according to the procedures specified in Chapter 18.70 of this Development Code. The subject of the hearing shall be confined to consideration of and action on the proposed modification(s). Notice of such hearing shall be provided as prescribed by the Subdivision Map Act, Government Code § 66451.3 and Chapter 18.180. The action of the decision-maker shall be final, unless appealed as provided in Chapter 18.70.

6. Findings. Modifications to recorded Parcel or Final Maps shall be approved only if all of the following findings can be made:

   • a. The proposed modification is consistent with the intent of the original recorded map conditions of approval and/or recorded restrictions regarding specific site constraints (e.g., development envelope size, identification of non-disturbance areas, etc.);

   • b. The modification does not impose any additional burden on the present fee owner(s) of the property;

   • c. The modification does not alter any right, interest or title reflected by the recorded Parcel or Final Map;

   • d. The modified Parcel or Final Map will not contain any of the grounds for denying a map listed in Government Code Section 66474;

   • e. The recorded Parcel or Final Map as modified is consistent with the applicable provisions of this Development Code and the Subdivision Map Act;

   • f. The property for which the modification is sought is in compliance will all laws, rules and regulations pertaining to zoning uses, subdivisions, height and setbacks, and any other provisions applicable to the property, and code enforcement fines imposed against the property have been paid;

   • g. The recorded Parcel or Final Map as modified does not result in an increased number of dwelling units or a greater density than the recorded Parcel or Final Map; and

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• h. The proposed modification is consistent with all previous CEQA documents approved or certified in connection with the property and does not create any new environmental impacts or increase any adverse environmental impacts.

• .

7. Final Action. To request a modification to a recorded Parcel or Final Map, the applicant shall file a Recorded Map Modification application in compliance with Section 18.98.140.C.2 (Materials for Filing). Upon approval of the requested modification by the review authority, the applicant shall submit to the Town Engineer, consistent with such approval, a Notice of Modification or other documents as the Town Engineer shall determine to be appropriate, which Notice of Modification or other documents shall be recorded with the Nevada County Recorder. A Recorded Map Modification shall expire 24 months after approval unless the applicant has recorded the Notice of Modification prior to that date.

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Condominiums and Condominium Conversions

18.100

– CHAPTER 18.100 COMMON INTEREST DEVELOPMENTS AND COMMON INTEREST DEVELOPMENT CONVERSION

Sections:

18.100.010 - Purpose of Chapter 18.100.020 - Applicability 18.100.030 - Common Interest Developments 18.100.040 - Common Interest Development Conversions