§ 17.32

(a)

A final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civil Code, or a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where:

(1)

The land before division contains less than five acres. Each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body; or

(2)

Each parcel created by the division has a gross area of twenty acres or more and has an approved access to a maintained public street or highway; or

(3)

The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development and which has the approval of the governing body as to street alignments and widths; or

(4)

Each parcel created by the division has a gross area of not less than forty acres or is not less than a quarter of a quarter section.

(b)

A parcel map shall be required for those subdivisions described in subsection (a) (1), (2), (3) and (4).

(Ord. 999 § 1 (part), 1985)

The final map shall conform substantially to the tentative map as approved and, if desired by the subdivider, it may constitute only that portion of the approved tentative map which he proposes to record and develop at the time; provided, however, that such portions conform to all requirements of these regulations.

(Ord. 999 § 1 (part), 1985)

The subdivider shall cause the proposed subdivision to be accurately surveyed and a final map thereof to be prepared in accordance with the tentative map and with any and all alterations and changes required and conforming in all particulars to the Subdivision Map Act and this title.

(Ord. 999 § 1 (part), 1985)

Application for approval of the final map shall be submitted in writing to the city council at least fifteen days prior to the meeting at which it is to be considered, the application shall be accompanied by seven copies of the final map and such other exhibits and documents required by this title, the conditions of approval of the tentative map, and the Subdivision Map Act to allow filing of the map for record with the county recorder. A blackline mylar and reproducible print of the recorded map shall be provided to the city by the subdivider.

(Ord. 999 § 1 (part), 1985)

17.32.045 - Final map—Acquisition of off-site rights.

(a)

If, at the time of filing for approval of a final map, certain off-site rights required as a condition of the approved tentative map have not been acquired, pursuant to Section 17.20.020, the city shall commence proceedings to acquire said off-site rights. Within the time frame mandated by Government Code Section 66462.5, the city shall acquire, by negotiation, or commence proceedings pursuant to Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure to acquire those rights which are necessary for the public health, safety and welfare, as determined by the city engineer.

(b)

The subdivider shall be responsible for all costs of acquiring the off-site rights. Prior to or concurrent with the filing of the final map, the subdivider shall also be required to post an initial deposit of five thousand dollars toward said costs. Subsequent deposits shall be required as deemed necessary by the city for further processing. In addition, prior to the approval of the final map, the subdivider shall be required to enter into an agreement with the city to complete the improvements required by Government Code Section 66462 at such time as the city acquires said off-site rights which will permit the improvements to be made.

(Ord. 1672 § 2 (part), 1993)

17.32.050 - Final map—Form and data required.

(a)

The size of each sheet of the map shall be eighteen by twenty-six inches with marginal line drawn completely around each sheet leaving an entirely blank margin one inch in width and with a marginal line insert block conforming to the county recorder's standards.

(b)

The final map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits or acknowledgements may be legibly stamped or printed upon the map with opaque ink. If the ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. All signatures shall be in opaque black ink.

(c)

The scale of the map shall be large enough to show all the details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets and its relation to each adjoining sheet shall be clearly shown. The maps shall be made and shall be in such condition when filed that good legible prints and negatives can be made therefrom.

(d)

The exterior boundary of the land included within the subdivision shall be delineated by a solid line which shall be wider than those other lines showing the boundaries of lots, blocks, parcels, easements, rights-of-way, streets or centerlines thereof, such that there is a definite contrast between the exterior boundary and other lines of the map proper. The subdivision boundary lines shall be identified on the map proper or by legend. The map shall show the definite location of the subdivision and particularly its relation to surrounding surveys.

(e)

The subdivider shall, prior to the approval of the final map, furnish to the city engineer a copy of a certificate of title, title report or a policy of title assurance issued by a title company authorized by the laws of the state to write the

same, showing the record owner and the easements, rights-of-way and encumbrances affecting the property.

(Ord. 999 § 1 (part), 1985)

The first sheet of the map shall be the title sheet. The title of each such final map shall consist of a tract number conspicuously placed at the top of the title sheet, followed by the words, "In the City of Victorville." If three or more sheets are used, an index to sheets diagram shall be included on the first sheet following the title sheet. The height of lettering in the words "Tract No." and the tract number shall not be less than one-half inch.

(Ord. 999 § 1 (part), 1985)

Below the title shall appear a subtitle consisting of a description of all the property subdivided by reference to such map or maps of the property shown thereon as shall have been last previously recorded or filed in the county recorder's office or shall have been last previously filed with the county clerk pursuant to a final judgment in any action in partition or shall have been last previously filed in the office of the county recorder under the authority of Cal Gov Code Section 66499.55 or by reference to the plot of any United States survey. Each reference in such description to any tract or subdivision shall be spelled out and worded identically with the record thereof and shall show a complete reference to the book and pages of records of the county. The description shall also include reference to any public area which has been vacated with the number of the ordinance of vacation thereof.

(Ord. 2216 § 1 (part), 2007: Ord. 999 § 1 (part), 1985)

(a)

Maps filed for the purpose of reverting to acreage land previously subdivided into parcels or lots or blocks shall be conspicuously designated on the title sheet by the words, "Reversion to acreage of …" inserting a legal description as required in Section 17.32.070 of this chapter. Maps and petitions for reversion to acreage shall conform to and be processed in accordance with provisions of Chapter 17.92 of this title and the Subdivision Map Act.

(b)

Maps filed for the purpose of amending a previously filed final map shall be conspicuously labeled on the title sheet above the map title with the words, "Amending map of …"

(Ord. 999 § 1 (part), 1985)

(a)

Upon the title sheet below the subtitle shall appear the name of the licensed surveyor or registered civil engineer under whose direction the survey for the subdivision was made, together with the date of the survey. The fact that a soils report has been prepared for the subdivision shall be noted on the title sheet immediately below the date of the survey for the map, the notification to include the date of the report and the name of the engineer making the report.

(b)

The basis of bearing shall be that of the California Plain Coordinate system or other basis specifically approved for each final map by the city engineer; the basis of bearing shall be noted on the first sheet following the title sheet of the map. Every sheet of the map proper shall bear title (but not subtitle), scale, north arrow, sheet number and the number of each adjoining sheet in its proper location.

(Ord. 999 § 1 (part), 1985)

The following certificates and acknowledgements shall appear on the title sheet of the map. These certificates and acknowledgements for which a form is not specifically set forth in the Subdivision Map Act shall be in a form as set forth by the Standard Specifications for Public Improvements.

(1)

Certificate signed and acknowledged by the parties having any record title interest in the real property subdivided consenting to the preparation and recordation of the final map, except as provided by the Subdivision Map Act. Dedications of or offers to dedicate interest in real property for specific public purposes shall be made by a certificate on the final map signed and acknowledged by those parties having any record title interest in the real property being subdivided, subject to the provisions of the Subdivision Map Act;

(2)

Certificate of the city clerk as to approval by the city council and action on offers of dedication;

(3)

Certificate of approval of the city engineer;

(4)

Certificate of engineer with his registered engineer's number, or of surveyor with his licenses land surveyor's number;

(5)

Record of recording data by the county recorder;

(6)

Certificate of county clerk as to tax bond.

(Ord. 999 § 1 (part), 1985)

The title sheet shall also contain such other affidavits, acknowledgements, endorsements and notarial seals as are required by the Subdivision Map Act and by this title.

(Ord. 999 § 1 (part), 1985)

17.32.120 - Final map—Dimensions, bearings, curve data.

(a)

The final map shall show all survey and mathematical information and data necessary to locate all monuments, and to locate and retrace any and all interior and exterior boundary lines appearing thereon, and length of straight lines, and radii and arc length for all curves and such information as may be necessary to determine the location of the centers of curves.

(b)

The final map shall particularly define, delineate and designate all lots and parcels and any public streets and private streets, if any, with all dimensions, boundaries and courses clearly shown and defined in every case. Street names shall be shown. Setback lines shall be shown on each lot for which the planning commission approves a deviation from the building setback requirements (required yards) of Title 18 of this code.

(c)

Parcels offered for dedication other than for streets or for easements shall be designated by letter.

(d)

Private streets shall be designated by name and shall have inserted within the limits thereof the words, "Private Street". All linear, angular and curve data for the exterior boundary of the subdivision and of the boundary lines of every block, lot and parcel which is a part thereof shall be shown.

(e)

Wherever practicable, all lots and blocks shall be shown in their entirety on one sheet. Arc length, radii and total central angle or radial bearing to the center of each curve from the beginning and ending thereof, or point of intersection thereon, shall be shown. Where lot corners are rounded at street intersections, the tangent distance shall be shown.

(f)

Existing subdivisions bordering on the subdivision for which the final map is being prepared shall be shown on the final map to the extent practicable in dotted lines and shall be identified by tract or parcel map number and shall have all lots and blocks having a common boundary with the final map identified in dotted line numerals or letters as originally designated on the maps of the bordering subdivisions.

(Ord. 999 § 1 (part), 1985)

The final map shall show found monuments or other evidence of previous surveys on the boundaries of the subdivision. Such monuments or evidence shall be identified both as to survey point designation and type of monument, whether iron pipe or stake or other type of monument. Existing lot corner stakes of adjacent subdivisions for which a final map was required need not be shown. Existing lot or parcel corner stakes of adjacent subdivisions for which a parcel map was required shall be shown.

(Ord. 999 § 1 (part), 1985)

The location of monuments to be installed shall be shown on the final map and the form of the monument shall be as set forth in this title and shall be identified by the symbol as designated on the final map. Notes setting forth the various symbols and abbreviations used to indicate monuments found and set, and easements and such other

information as may be required to adequately show the subdivision, shall also be noted on the first sheet following the title sheet. Every sheet of the map following the title shall bear the title (but not subtitle), north arrow, scale and sheet number, and the number of each adjoining sheet in its proper location with respect to the portion of the map shown on any particular sheet. All monuments required to be installed by this title and the Subdivision Map Act on the exterior boundary of the land being subdivided shall be installed prior to the approval of the final map by the city council for recordation.

(Ord. 999 § 1 (part), 1985)

The exterior boundary of the land included within the subdivision shall be delineated by a solid line in conformance with Section 17.32.050(d) of this title. All lines shown on the map which do not constitute a part of the subdivision itself shall be clearly distinguishable from those lines which are a part of the subdivision and any which are enclosed by such lines shall be labeled, "Not a Part of this Subdivision."

(Ord. 999 § 1 (part), 1985)

City boundaries which cross or adjoin the subdivision shall be clearly designated and located in relation to adjacent lot or block lines.

(Ord. 999 § 1 (part), 1985)

(a)

The final map shall show in those instances where no drainage channel improvements are required as a condition of approval of the final map, adequate building setback lines to require placement of buildings outside the designated floodways and above the one hundred-year frequency of occurrence flood level where the subdivision is adjacent to or is traversed by a primary natural drainage channel for which a designated floodway has been calculated.

(b)

Where no designated floodway has been calculated, the building setback shall be adequate to limit building construction to areas above the highwater line of the drainage flows based on the criteria of Chapter 17.60 of this title and the natural drainage channel conditions. In addition thereto, drainage easements or offers of dedication of drainage easements as may be required, shall be adequate to contain the improved channel designed in accordance with the criteria set forth in Chapter 17.60 of this title, and shall be shown on the final map. In those instances where channel improvements are required as a condition of approval of the final map, grant deeds or drainage easements as may be required shall be adequate to contain the improved channel designed in accordance with the criteria set forth in Chapter 17.60 of this title, and shall be shown on the final map. For definition of designated floodway, refer to Section 17.60.010 of this title.

(Ord. 999 § 1 (part), 1985)

17.32.180 - Final map—Modification of recorded final map.

(a)

Pursuant to Government Code Section 66472.1, after a final or parcel map is filed in the office of the county recorder, such a recorded final map may be modified by a certificate of correction or an amending map. If the planning commission finds:

(1)

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

(2)

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

(3)

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

(4)

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

(b)

Modification of a recorded final map shall be made by written application setting forth the proposed modification and facts satisfying the requirements of subsection (a) of this section. The application shall be accompanied by seven copies of the modified final map and other exhibits and documents as required by Chapter 17.32 of this title. Such an application may be made by the planning commission when it is determined that a change of circumstance has occurred which warrants the necessity of modification to a final map.

(c)

Any such amendments or modifications shall be set for public hearing as provided for in Chapter 17.108 of this code. The planning commission shall confine the public hearing to consideration of and action upon the proposed modification.

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

(d)

Such amendment may be requested by written application describing the nature of the error or omission and establishing facts satisfying the requirements of subsection (a) of this section. The application shall be accompanied by seven copies of the certificate of amending map and other exhibits and documents as required by Chapter 17.32 of this title. The planning commission may initiate such an application when it determines that an error or omission has occurred and that all other facts required by subsection (a) of this section exist.

(e)

Such applications may be considered and approved by the planning commission at any regular meeting upon making any necessary findings of fact.

(Ord. 999 § 1 (part), 1985)

Pursuant to Government Code Section 66469, after a final or parcel map is filed in the office of the county recorder, it may be amended by a certificate of correction or an amending map:

(1)

To correct an error in any course or distance shown thereon;

(2)

To show any course or distance that was omitted therefrom;

(3)

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

(4)

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

(5)

To show the proper location or character of any monument which has been changed in location or character, originally shown at the wrong location, or incorrectly as to its character;

(6)

To correct any other type of map error or omission as approved by the county surveyor or city engineer which does not affect any property right. Such errors and omissions may include, but are not limited to, lot numbers, acreage, street names and identification of adjacent record maps.

(Ord. 999 § 1 (part), 1985)

Chapter 17.36 - PARCEL MAP

Sections: