§ 17.08

This chapter establishes requirements for the preparation, filing, processing, approval, conditional approval or denial, and recordation of final tract and parcel maps, consistent with the requirements of the Act.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

17.08.020 - Final tract and parcel map form and content.

A.

Form and Content. The form and content of final tract and parcel maps shall be as required by the Act and this chapter. The map shall be considered submitted when it is complete and complies with all applicable provisions of the Act, this chapter and this code.

B.

Authorized Preparers.

1.

The final tract or parcel map shall be prepared by, or under the direction of, a registered California civil engineer or California licensed land surveyor in good standing.

2.

A final tract or parcel map shall be based upon a field survey made in compliance with the Professional Land Surveyors Act and as required by this chapter.

C.

Certificates and Acknowledgments.

1.

Before filing, the certificates and acknowledgements required by the Act and this chapter shall appear on the map and may be combined where appropriate.

2.

The certificates and acknowledgments shall appear on the face of the map unless the city engineer advises the subdivider that the certificates and acknowledgments are to be made by separate instrument.

3.

If a certificate or acknowledgment is made by separate instrument, there shall appear on the map a reference to the separately recorded documents.

D.

Monuments. The location, number and type of monuments shall be as specified in the Act and this chapter and shall be in compliance with the standards prescribed in the California Business & Professions Code Section 8771.

E.

Documentation Required for City Review and Approval.

1.

The subdivider shall submit prints of the map to the city engineer for checking, who will distribute the map to other city departments and agencies for review.

2.

The preliminary prints shall be accompanied by documents, plans and reports in a form approved by the city engineer, including but not limited to all of the following.

a.

Improvement Plans. Improvement plans for all public improvements as required by the city engineer.

b.

Geotechnical Report.

i.

A preliminary geotechnical report, based upon test borings and prepared in compliance with the requirements of the Building Code, as it may be amended and as referenced in Municipal Code Title 15 (Buildings and Construction), shall be required for all tract maps and for those parcel maps which involve commercial or industrial development.

(a)

The geotechnical report shall be prepared by a state-registered civil or geotechnical engineer.

(b)

The requirement of a preliminary geotechnical report may be waived or reduced in scope by the city engineer if, in the city engineer's opinion, the soil characteristics in the vicinity of the proposed subdivision have been established by previous analyses.

ii.

Parcel maps which propose the construction of single-family dwellings shall require the preparation of a report which includes the subsurface soil classification, as well as the results of an expansive index test.

c.

Title Report. A title report prepared by a title insurer, with the title report required to be dated no older than within sixty days of the filing of the final map.

d.

Improvement Cost Estimate. An improvement cost estimate, which shall include all improvements located within public or private rights-of-way, common areas, or easements, on-site and off-site drainage improvements and utility trench backfill as provided by the subdivider, except for those utility facilities to be installed by a utility company under the jurisdiction of the public utilities planning commission.

e.

Improvement Security. The necessary bonds, cash deposit, letter of credit, or other improvement security authorized by the Subdivision Map Act, if they are determined to be required by the city sufficient to ensure the completion of construction of improvements, pursuant to Section 17.12.080 (Improvements— Agreement Required).

f.

Deeds for Easements and Rights-of-Way.

i.

Deeds for easements or rights-of-way required which are not proposed to be dedicated on the final map.

ii.

The subdivider shall provide written evidence acceptable to the city in the form of rights of entry or permanent easements across private property outside of the subdivision granting access to perform necessary construction work and allowing the maintenance of facilities, if required.

g.

Traverse Closure Calculations. Traverse closure calculations for the boundary blocks, easements, monument lines, parcels and street centerlines.

h.

Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic calculations.

i.

Organization Documents.

i.

Any proposed declaration of covenants, conditions and restrictions and all other organization documents for the subdivision in a form prescribed by the Civil Code Section 1355.

ii.

All documents shall be subject to review and approval by the director and the city attorney.

j.

Letter of Certification from Water Agencies. The subdivider shall submit written certification from the affected water provider that adequate domestic water facilities are or will be available to serve the proposed project and that all necessary financial arrangements have been made to ensure construction of the facilities.

k.

Other Reports. Any additional calculations, data, reports, or information required by the city engineer, including but not limited to a grading and erosion control plan, water study, sanitary sewer study and drainage study.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

17.08.030 - Filing and processing of final tract and parcel maps.

A.

Official and Timely Filing of Map.

1.

The subdivider shall cause the map to be officially filed with the city engineer at least twenty days before the expiration of the approved or conditionally approved tentative map or any approved extension of time granted in compliance with Section 17.06.080 (Tentative Map Expiration and Extensions).

2.

The map shall not be considered officially filed until the engineer or surveyor has received notification from the city engineer that all provisions of the tentative map approval, the Act, the municipal code, this subdivision ordinance and applicable city standards have been complied with.

3.

The filing of the official copy of the map with the city engineer shall constitute the timely filing of the map.

B.

Review of Map.

1.

After the issuance of a receipt for the map, the city engineer shall examine it as to sufficiency of affidavits and acknowledgements, correctness of surveying data, mathematical data and computations, and other matters which may require checking to ensure compliance with the provisions of the Subdivision Map Act, this chapter and applicable city standards.

2.

If the map is found to be in substantial compliance with the tentative map and is in correct form, the matters shown on the map are sufficient, and the city engineer is satisfied that all of the conditions of approval have been met, the city engineer shall endorse approval of the map.

3.

The city engineer shall combine with the map the agreements, easements and securities as required by this chapter.

4.

The material shall be transmitted to the council for its consideration of the map.

C.

Time Limit for Filing Map. If the subdivider fails to file the map with the city engineer and the required accompanying data with the appropriate city departments within twenty-four months, or other period of time specified in Government Code Section 66452.6 and Section 17.06.080 (Tentative Map Expiration and Extensions), following the effective date of tentative map approval by the review authority, or within any authorized extension of time, the tentative map approval or conditional approval shall become void. In this case, a new filing fee shall be paid, as established by resolution of the city council, and an application for a new tentative map shall be filed.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

After determining that the map is in compliance with Section 17.08.010 (Final Map and Parcel Map Form and Content), above, and is technically correct, the city engineer shall execute the city engineer's certificate on the map in compliance with Government Code Section 66442 and forward the map to the city clerk for council action in the following manner.

A.

Applicable Review Authority. The applicable review authority is set forth in Table 17-1.

B.

Review and Approval by the Review Authority.

1.

Timing of Review Authority's Review. The review authority shall approve or deny the map after it receives the map from the city engineer or, in the case of the council, at its regular meeting after the meeting at which it receives the map, unless that time limit is extended with the mutual consent of the director and the subdivider.

2.

Criteria for Approval.

a.

The council shall approve the map if it conforms to all of the requirements of the Act, all provisions of this subdivision ordinance that were applicable at the time that the tentative map was approved and is in substantial compliance with the approved tentative map.

b.

If the map does not conform, the review authority shall not approve the map.

c.

Where a map does not include any offers for dedication or improvement, the director shall review the map(s) and shall approve each map if the map conforms to the applicable requirements of the Act and this chapter. If the map(s) does not conform, it shall not be approved.

3.

Applicable Ordinances, Policies and Standards. In determining whether to approve or deny a map, the review authority shall apply only those ordinances, policies and standards in effect on the date the proposal for the subdivision was accepted as complete, in compliance with Government Code Section 66474.2.

4.

Action Not to Approve a Final Tract or Parcel Map

a.

If a map is not approved due to its failure to meet any of the requirements imposed by the Act or this chapter, the denial shall be accompanied by findings identifying the requirements which have not been met or performed.

b.

Approval of a map shall not be withheld when the failure of the map to comply is the result of a technical and inadvertent error which, in the determination of the council or, in the case of a map not involving any offers of dedication or improvement, the director, does not materially affect the validity of the map.

C.

Map with Dedications.

1.

If a dedication or offer of dedication is required on the map, the council shall accept, accept subject to improvement, or reject, on behalf of the public, of any real property offered for dedication to the public in compliance with the terms of the offer of dedication, at the same time as it takes action to approve the map.

2.

If the council rejects the offer of dedication, the offer shall remain open and may be accepted by the council at a later date in compliance with Government Code Section 66477.2.

3.

Any termination of an offer of dedication shall be processed in compliance with Government Code Section 66477.2 using the same procedures as specified by Streets and Highway Code Part 3 of Division 9.

D.

Map with Incomplete Improvements. If improvements required by this subdivision ordinance, conditions of approval, or other applicable laws have not been completed at the time of approval of the map, the council shall require the subdivider to enter into an agreement with the city as specified in Government Code Section 66462, and Section 17.12.080 (Improvements—Agreements Required), as a condition precedent to the approval of the map.

E.

Recording of Final Tract and Parcel Maps.

1.

After action by the review authority, as applicable, to approve the map, and after the required signatures and seals have been affixed, the city clerk shall transmit the map back to the city engineer.

2.

The city engineer or designee shall file the map with county recorder.

3.

The county recorder shall oversee the recording of the map.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Notwithstanding the provisions of this chapter, the city engineer may elect to waive the requirement for a parcel map subject to the preparation of written findings and as provided for in the Subdivision Map Act.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A recorded final tract or parcel map (referred to as a map) may be amended by the city engineer to correct errors in the recorded map or to change characteristics of the approved subdivision in compliance with Government Code Chapter 3, Article 7.

A.

Type of Corrections Allowed in Compliance with Government Code Section 66469.

1.

Filing of a Certificate of Correction or an Amending Map. In the event that errors in a 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 Government Code Chapter 3, Article 7.

2.

Error Defined. 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 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 acreage, parcel numbers, street names and identification of adjacent record maps.

3.

Other Corrections. 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.

4.

Review Authority. The city engineer shall be the review authority for reviewing and either approving or denying corrections to and amendments of recorded maps in compliance with Government Code Section 66469.

5.

Application and City Engineer's Review Process.

a.

An application to amend a recorded map in compliance with Government Code Section 66469 shall be filed with the city engineer.

b.

The city engineer shall determine if the changes requested may be approved with a certificate of correction or an amending map.

c.

The city engineer may request additional information based upon that determination and shall approve the certificate of correction or the amending map if all of the required findings specified in Subparagraph 3. (Required Findings), below can be made.

6.

Required Findings. A map may be amended only if the City Engineer first finds all of the following to be true:

a.

The change(s) requested only involves a minor map annotation correction(s);

b.

The amendment(s) does not impose any additional burden on the fee owner(s) of the real property;

c.

The amendment(s) does not alter any interest, right, or title in the real property reflected on the map; and

d.

The map, as amended, is still in compliance with Government Code Section 66474.

B.

Type of Corrections Allowed in Compliance with Government Code Section 66472.1. In the event that there are changes in circumstances which make any or all of the conditions of a recorded map no longer appropriate or necessary, the following procedures shall be followed to amend the map:

1.

Application and City's Review Process.

a.

An application to amend a recorded map in compliance with Government Code Section 66472.1 shall be filed with the city engineer.

b.

Once approved by the city engineer, the application shall be sent to the council for approval of either a certificate of correction or an amending map.

c.

The council shall approve the application if all of the required findings specified in Subparagraph 3. (Required Findings), below can be made.

2.

Review Authority. The council shall be the review authority for reviewing and either approving or denying corrections to and amendments of recorded maps in compliance with Government Code Section 66472.1.

3.

Required Findings. A map may be amended only if the council first finds all of the following to be true:

a.

There is a change(s) in circumstances that make any or all of the conditions of the map no longer appropriate or necessary;

b.

The amendment(s) does not impose any additional burden on the fee owner(s) of the real property;

c.

The amendment(s) does not alter any interest, right, or title in the real property reflected on the map; and

d.

The map, as amended, is still in compliance with Government Code Section 66474.

C.

Recordation. After approval, the certificate of correction or amending map shall be submitted to the county recorder for recordation.

D.

Amendment of an Approved Subdivision. In the event that a subdivider wishes to amend (e.g., change or modify) the characteristics of an approved subdivision (e.g., a recorded final tract or parcel map), 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 17.12.080 (Improvements—Agreement Required), the subdivider shall file a new tentative, final, or parcel map in compliance with this title or comply with the requirements of Government Code Section 66499.20.2.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Chapter 17.10 - LOT LINE ADJUSTMENTS, PARCEL MERGERS AND OTHER PROCEDURES