Chapter 17.07 — PARCEL MAPS

• A. The design, improvement and survey data for divisions of land requiring parcel maps and/ or tentative parcel maps, and the procedure to be followed in securing official approval for said maps, shall be governed by the provisions of the Subdivision Map Act and by the provisions of this title.

• B. A parcel map shall be filed and recorded as required by the provisions set forth in Section 66426 and 66428 of the Subdivision Map Act, except where the requirement for the parcel map is waived as provided by Section 17.07.040 of this title.

• (Ord. 333 § 2, 1991)

• A. The provisions of Sections 17.05.010 through 17.05.050 shall govern the filing of tentative parcel maps.

• B. Application for the approval of a tentative parcel map shall be made upon the form provided by the city manager. The application shall contain the following information:

  1. A legal description of the whole parcel proposed to be divided;

  2. Existing use of the parcel to be divided;

  3. The proposed use of the parcels to be created;

  4. The existing and proposed zoning on the parcel to be divided;

  5. The point of domestic water supply, the proposed points of sewage connections and method of storm drainage disposal;

  6. Name, address and telephone number of the applicant and owners;

  7. Certification by the owner that he or she is the owner of the property on the map as proposed for subdivision, has examined the map and consents to its submission; and

  8. A preliminary title report describing the status of all interests in the parcel to be divided shall be attached thereto.

• (Ord. 333 § 2, 1991; Ord. 412 § 2, 2009)

• A. The tentative map shall be considered complete for filing only when such map conforms to Section 17.07.020 of this chapter, when all accompanying data has been submitted and accepted by the planning department, a certificate of acceptance has been issued, signed, and dated by such department, and all applicable fees are paid. Twelve copies of the tentative map shall be submitted with the application or as the department of jurisdiction specifies.

• B. The city will notify the applicant within thirty days after the submission of a tentative map if the map is acceptable or not acceptable for filing. If not acceptable, the city shall state

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City of Wheatland, CA

WHEATLAND CODE

§ 17.07.025

§ 17.07.030

the reasons in its notification. (Ord. 333 § 2, 1991)

• A. The planning department shall forward copies of the tentative map to the affected public agencies which may return to the planning department their findings and recommendations. Public agencies and utilities shall certify that the subdivision can be adequately served.

• B. Upon the completion of the review by the planning department, and prior to the date the tentative map is scheduled for action, the planning department may hold a technical review conference. A technical review conference shall be held if requested by the subdivider or representatives from affected agencies, utilities, or school districts. Advance written notice of the technical review conference and a copy of the conditions shall be given to the subdivider or agent and to all affected agencies at least three days prior to the conference. The results of the conference shall be reported to the city manager. A copy of the report shall be served to the subdivider and each tenant, in cases of conversions of residential priority to condominiums, community apartments, or stock cooperatives as per the Subdivision Map Act, at least three days prior to any hearing or action on the map.

• (Ord. 333 § 2, 1991; Ord. 412 § 3, 2009)

• A. Within fifty days of the issuance of a certificate of acceptance of the parcel map application for maps categorically exempt from environmental review, or within thirty days of completion of required environmental documents (initial study or draft environmental impact report), the planning commission shall hold a public hearing on said tentative parcel map and, following the public hearing, shall take action by resolution to approve, conditionally approve or disapprove the tentative parcel map.

• B. Notice of time and place of any public hearing on a tentative parcel map shall be as set forth in Section 17.05.110(B) of this title.

• C. The planning commission may make such investigations as it may determine necessary for the purposes of making its decision. The planning commission shall determine whether the application complies with the provisions of this chapter. In approving, conditionally approving, or denying a. tentative parcel map, the planning commission shall make the findings set forth in Section 17.03.020 of this title.

• D. Approval. In approving or conditionally approving the tentative map, the planning commission shall find that the proposed subdivision, together with its provisions for its design and improvements, is consistent with the applicable general or specific plans adopted by the city.

The planning commission may modify or delete any of the conditions of approval recommended in the planning department's report, except conditions required by city laws related to the public health and safety or to city standards. The planning commission may add additional requirements as a condition of his approval.

• E. Denial.

  1. The tentative map may be denied by the planning commission on any of the grounds

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City of Wheatland, CA § 17.07.030

SUBDIVISIONS

2. If no action is taken by the planning commission within the time limit as specified, the tentative map as filed shall be deemed to be denied insofar as it complies with other applicable provisions of the Subdivision Map Act, this title, or other city laws, and it shall be the duty of the city clerk to certify the denial.

   3. The planning commission shall deny the approval of the tentative map if it makes any of the following findings:

      • a. That the proposed map is not consistent with applicable general and specific plans;

      • b. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;

      • c. That the site is not physically suitable for the type of development;

      • d. That the site is not physically suitable for the proposed density of development;

      • e. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage;

      • f. That the design of the subdivision or the type of improvements is likely to cause serious public inconvenience or health problems; or

      • g. That the design of the subdivision or the type of improvements will conflict with easements acquired by the public at large.

• F. Extensions of Time for Planning Commission Action. The time limits set forth in Section 17.07.030 of this chapter for acting on the tentative map may be extended by mutual consent of the subdivider and the city manager.

• G. The decision of the planning commission may be appealed to the city council. Any such appeal shall be submitted in writing to the city manager within ten days of the decision of the planning commission, and shall state the reasons for the appeal. The appeal body may sustain, modify, reject or overrule any recommendations or rulings of the planning commission, as required, and make findings which are consistent with the provisions of this title or the Subdivision Map Act.

If the city council fails to act upon an appeal within the time limit specified, the tentative map, insofar as it complies with this title, shall be deemed to be denied, and it shall be the duty of the clerk of the appeal body to certify such denial.

• H. The decision of the council shall be final, and the council shall report its decision directly to the subdivider within ten days of the decision.

• (Ord. 333 § 2, 1991; Ord. 412 § 2, 2009)

• A. The approval or conditional approval of a tentative parcel map shall expire twenty-four months after its date of approval or conditional approval. Time extensions of a maximum of twelve months may be allowed by the city engineer, not to exceed a cumulative total of three years after the expiration of the first approval or conditional approval.

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City of Wheatland, CA § 17.07.032

WHEATLAND CODE

§ 17.07.035

• B. The period of time specified in this section shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map only if a stay of the time period is approved by the city council. Within ten days after the service of the initial petition for complaint upon the city, the subdivider shall, in writing, to the city manager, request a stay in the time period of the tentative map. Within forty days after receiving the request, the city council shall either stay the time period for up to five years or deny the requested stay. The request for the stay shall require a hearing with notice to the subdivider and to the appellant, and, upon the conclusion of the hearing, the city council, within ten days, shall declare its findings.

• C. The period of time specified shall not include any period of time during which a development moratorium is in effect according to Section 66452.6 of the Subdivision Map Act.

• D. The expiration of an approved or conditionally approved tentative parcel map shall terminate all proceedings, and no final map or parcel map of all or any portion of the real property included within the tentative parcel map shall be filed without first processing a new tentative parcel map.

• (Ord. 333 § 2, 1991; Ord. 412 § 2, 2009)

• A. Requests by Subdividers. The subdivider or authorized agent may request an extension of the expiration date of the approved or conditionally approved tentative map by a written application to the planning department. The application shall be filed prior to the expiration date of the map and shall state the reasons for requesting the extension.

• B. City Council Action. The planning director shall review the request and submit the application for the extension, together with a report, to the city council for approval, conditional approval, or denial. A copy of the planning director's report shall be forwarded to the subdivider prior to the action of the city council on the extension. The action of the city council approving or conditionally approving an extension shall specify the new expiration date of the tentative map.

• C. Time Limits of Extensions. The approved extension shall not exceed a total of twelve months. The approved new expiration date shall not extend more than three years beyond the date of the original action by the city council approving the tentative map.

• D. Conditions of Approval. As a condition of the extension of a tentative map, the city council may impose new conditions or revise existing conditions on the approved tentative map as recommended by the planning department in its report or as the city engineer may find necessary.

• E. Fees. The fee for processing and extension shall be at actual cost. A deposit to be applied toward such fee may be required, as determined by council resolution.

• (Ord. 333 § 2, 1991)

• A. Minor changes in the tentative parcel map may be approved by the planning department upon an application by the subdivider, or on its own initiative, by mutual consent of both

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City of Wheatland, CA § 17.07.035

SUBDIVISIONS

1. Such changes are consistent with the intent and spirit of the original tentative map approval or conditional approval; and

   2. There are no resulting violations of this code.

• B. Any revision shall be approved by the city engineer and city manager. The amendment shall be indicated on the approved tentative map and certified by the city engineer.

• C. Amendments of the tentative map, other than minor, shall be presented to the planning department for approval. Processing shall be in accordance with Sections 17.07.025 through 17.07.030 of this chapter.

• D. Any approved amendment shall not alter the expiration date of the tentative map. (Ord. 333 § 2, 1991; Ord. 412 § 2, 2009)

• A. A subdivider may, at the time of filing of a tentative parcel map, file a request for waiver of the requirement for a parcel map. Such a request shall be filed with the city manager in the form of an application therefor furnished by the city.

• B. The city manager shall waive the requirement for the filing of a parcel map if, after consideration of the tentative parcel map, information submitted therewith, if he or she finds that all of the following conditions have been met:

  1. That the subdivider has complied with the provisions of Section 17.07.020(B);

  2. That adequate monuments exist in the field which appear of record in the office of the county recorder to permit the retracement of boundaries for each parcel to be created;

  3. That no dedications of right-of-way or easements are offered or required;

  4. That all onsite and off-site improvements as required for parcel maps by Section 17.08.250 have been completed; and

  5. That the proposed division of land complies with requirements as to area, design, floodwater drainage control, sanitary disposal facilities, water supply availability, environmental protection and other requirements of the city and the Subdivision Map Act and this title.

• C. The instrument evidencing the city council's waiving the requirement for a parcel map shall be known as a "waiver certificate" which shall be prepared by the subdivider and shall consist of the following form, matters and attachments:

  1. A description of the boundary of the property proposed to be subdivided;

  2. A property plat map prepared by or under the direction of a registered civil engineer or licensed land surveyor and legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black ink;

  3. The location of all division lines and the exterior boundary of the land included within the subdivision shall be indicated by distinctive lines and clearly so designated;

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City of Wheatland, CA

WHEATLAND CODE

§ 17.07.040

§ 17.07.060

4. The map shall be signed and sealed by the registered civil engineer or licensed land surveyor;

5. A certificate shall be signed and acknowledged by the parties having record title interest, consenting to the preparation and recordation of the waiver certificate; and

6. The size of each sheet shall be eight and one-half by eleven or thirteen inches. An entirely blank margin of two inches shall be left at the top of each sheet.

• D. Filing of Waiver Certificate.

1. The waiver certificate shall be submitted to the city manager for his or her examination prior to filing, together with all necessary fees for the recordation of the waiver certificate and evidence that all fees as hereinafter required have been paid. The city manager shall examine the certificate of waiver, and if he or she finds the same to be substantially in the form required by this title, and in conformity with the conditions imposed by the city council in connection with the approval of the tentative parcel map, he or she shall accept the same for filing and shall then transmit the same to the city engineer.

   2. Within twenty days after receiving the waiver certificate or with such additional time as may be reasonably necessary, the city engineer shall determine whether the waiver certificate is technically correct and conforms with the approved tentative parcel map. If approved, he or she shall so certify upon the waiver certificate.

   3. After affixing his or her signature upon the waiver certificate, the city engineer shall deliver the certificate to the city manager who shall present the certificate to the county recorder for filing. When the certificate is presented to the county recorder and is accepted by him or her, he or she shall file and index the same in the official records of the county.

• E. Waiver of the parcel map shall not preclude the payment of fees as provided by Section 17.10.010. Said fees shall be calculated in the same manner as though a parcel map had been required and shall be paid prior to the filing of the waiver certificate with the city manager.

• (Ord. 333 § 2, 1991; Ord. 412 § 2, 2009)

The provisions of Section 17.01.120 shall govern the proceedings for the termination of a tentative parcel map with the exception that the city council shall have the right to approve or deny a subdivider's application for extension.

(Ord. 333 § 2, 1991)

• A. In the event the applicant wishes to terminate his or her application prior to the recordation of the parcel map, he or she shall transmit his or her request in writing to the city manager. Where an agreement to construct improvements has been executed, the city council, at their option, may release the applicant from his or her agreement to improve and release to him or her any surety bond or cash deposit which he or she may have posted upon completion of necessary abandonment proceedings.

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City of Wheatland, CA § 17.07.060

SUBDIVISIONS

§ 17.07.070

• B. In the event the parcel map has been recorded with the county recorder, a revised parcel map may be prepared in the manner prescribed in this title for an original parcel map, and the revised parcel map shall supersede any previous map.

• (Ord. 333 § 2, 1991; Ord. 412 § 2, 2009)

The subdivider shall file five copies of the final parcel map with the city manager not less than sixty days prior to the date on which the map must be recorded. The format and content of the final map shall be as prescribed in the following provisions and the Subdivision Map Act:

• A. The provisions for the establishment of the persons qualified to prepare parcel maps and of the standards for its preparation are as set forth in Section 66445 of the Subdivision Map Act.

• B. The scale of the map shall be one inch equals one hundred feet; except that subdivisions with lots of two and one-half acres or greater may use a scale of one inch equals two hundred feet, or the city engineer may require a different scale if complexity of detail so warrants.

• C. When the parcel map consists of more than two sheets, a key map drawn to a scale of one inch equals one thousand feet shall be placed on sheet number one indicating the relationship among all sheets. The particular number of each 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.

• D. The title of each parcel map shall consist of a parcel map number conspicuously placed on the sheet followed by the words "consisting of...sheets" (showing the number thereof) followed by the words "In the City of Wheatland." There shall appear a description of all the property being subdivided, by reference to such map or maps of the property shown thereon as previously recorded or filed with the county recorder pursuant to a final judgment in any action in partition, or previously filed in the office of the county recorder under authority of Chapter 3, Part 2 of Division 4 of the Business and Professions Code, or by reference to the plat of any United States Survey. Each reference, in such description, to any tract or subdivision shall be spelled out and worded identically with the original records thereof and must show a complete reference to the book and page of records of the county recorder. The description shall also include reference to any abandonment with the date, book, and page of records of the county recorder.

• E. A lot shall be shown in its entirety on one sheet. The parcel map shall particularly define, delineate and designate all parcels intended to be reserved for private purposes, all parcels offered for dedication for any purpose, and any private roads, with all dimensions, boundaries, and courses clearly shown and defined in every case. Parcels offered for dedication other than for roads, alleys, pedestrian walkways, water lots, or easements shall be designated. The parcels shall be numbered consecutively and shall continue without omission or duplication throughout the entire subdivision. Each parcel containing an area of one acre or more, excluding public easements of record, shall have designated thereon the net acreage of such lot shown not less accurately than to the nearest one-hundredth of an acre.

• F. The following certificates and acknowledgments must appear on the title sheet of all such

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City of Wheatland, CA § 17.07.070

WHEATLAND CODE

1. Certificate of surveyor or engineer with his or her registered engineer's number or licensed land surveyor's number;

   2. Certificate of approval by the city engineer;

   3. Certificate for execution by the county recorder;

   4. Such title sheet shall also contain such other affidavits, certificates, acknowledgments, endorsements and notarial seals as are required by law and this title. Such title sheet shall be arranged so places requiring notarial seals shall be as near as possible to the border line.

• G. A certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided consenting to the preparation and recordation of the parcel map and which conforms to standards set by the county for such certificates, shall accompany and be attached to all such parcel maps.

• H. A certificate for the city manager shall be required where dedications are offered and shall certify the action of the city council to accept or reject the proposed dedications.

• I. Evidence of title, acceptable to the county recorder, shall be secured from a title company indicating that, as shown by public records, the parties whose signatures appear on the map and consent to the recordation of the map are all the parties having a record title interest in the land being subdivided whose signatures are required by the Subdivision Map Act.

• J. The parcel map shall also show all other data as may be required by law, including, but not limited to, Government Code Section 66444.

• (Ord. 333 § 2, 1991; Ord. 412 § 2, 2009)

• A. The survey data requirements for parcel maps shall be the same as the requirements prescribed for final subdivision maps in this title.

• B. A parcel map may be compiled from available record or filed data when sufficient survey information exists on filed maps and when the location of any boundary of the parcel map either by monuments or possessory lines is certain. If there is not sufficient survey information on filed maps and when the location of the boundary of the parcel map is uncertain, a field survey shall be made.

• (Ord. 333 § 2, 1991)

The city manager shall examine the parcel map, and if he or she finds the same to be substantially in the form required by this title, and in conformity with conditions imposed by the city council in connection with the approval of the tentative parcel map, he or she shall accept the same for filing and shall then transmit the same to the city engineer.

(Ord. 333 § 2, 1991; Ord. 412 § 2, 2009)

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City of Wheatland, CA § 17.07.100

SUBDIVISIONS

§ 17.07.140

The city engineer shall examine the parcel map and it shall be certified by him or her if he or she finds that such map is substantially the same as the approved tentative parcel map and that the map is technically correct and in proper form as required by this title and the Subdivision Map Act. Review of the parcel map shall be completed by the city engineer within twenty days after receiving the map or within such additional time as may be reasonably necessary. (Ord. 333 § 2, 1991)

• A. If the subdivider states that the required improvements, if there be any, or any part of them have been completed, they shall be inspected by the city engineer, or any other official designated for such purposes by the council, and if the same have been completed in conformity with the requirements and applicable provisions of this title, he or she shall certify such fact on the parcel map or attach a certificate thereto so showing. If any of the improvements have not been properly completed, he or she shall attach his or her report thereof to the map.

• B. Completion of improvements or agreement shall be as provided in Section 17.10.060. (Ord. 333 § 2, 1991)

The city will not deny approval of a parcel map if it has previously approved a tentative parcel map for the proposed subdivision and if it finds that the parcel map is in substantial compliance with the previously approved tentative parcel map. (Ord. 333 § 2, 1991)

When the city manager finds that the parcel map is substantially in the form required by this title, and in conformity with the conditions imposed by the city council in connection with the approval of the tentative parcel map, that, where required, the agreement and security respecting improvements have been approved and filed, and that all certificates of approval herein required have been made, he or she shall endorse on such map the final certification thereof. (Ord. 333 § 2, 1991; Ord. 412 § 2, 2009)

Dedications or offers of dedication required by this title shall be made by separate instrument in a form subject to the approval of the city attorney. All offers of dedication shall be in such terms as to be binding upon the owners, heirs, assigns, or successors in interest and shall continue until the city accepts or rejects the offer. Required dedications shall be submitted to the city engineer prior to completion of the city engineer's certificate. (Ord. 333 § 2, 1991)

The provisions for acceptance and rejection of offers of dedications shall be as set forth in Section 66477.1, 66477.2 and 66477.3 of the Subdivision Map Act.

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City of Wheatland, CA

WHEATLAND CODE

§ 17.07.140

§ 17.07.170

(Ord. 333 § 2, 1991)

Upon final certification and acceptance or rejection of dedications, the city manager shall deliver the map to the county recorder for recordation. Whenever separate documents are to be recorded concurrently with the parcel map pursuant to Section 66435.1 or 66445(h) of the Subdivision Map Act, the county recorder shall complete the crossreference to such concurrently recorded separate documents.

(Ord. 333 § 2, 1991; Ord. 412 § 2, 2009)

All divisions of land shall be designed and improvements thereon constructed and dedications therefrom required as in the case of subdivision as provided in Chapters 17.06, 17.08, and 17.09. (Ord. 333 § 2, 1991)

Fees required for the filing, or as a condition of the recordation of a parcel map, are governed by the provisions of Chapter 17.09.

(Ord. 333 § 2, 1991)

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City of Wheatland, CA § 17.08.010

SUBDIVISIONS