CHAPTER 8 PARCEL MAPS

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1 CHAPTER 8 SECTION: 6-8-1: General Provisions and Applicability 6-8-2: Required 6-8-3: Minor Subdivision; Committee Established 6-8-4: Minor Subdivision; Membership 6-8-5: Minor Subdivision Committee; Authority 6-8-6: Minor Subdivision Committee; Alternative Actions 6-8-7: Lot Line Adjustment 6-8-8: Tentative Parcel Maps 6-8-9: Waiver of Parcel Map : Parcel Maps : Design and Improvements : Fees 6-8-1: GENERAL PROVISIONS AND APPLICABILITY: (A) Governing Provisions: 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 Title 6. (B) Applicability: A parcel map shall be filed and recorded for any subdivision for which a tentative and final map is not required by the Subdivision Map Act, except where the requirement for a parcel map is waived as provided by Section and except for subdivisions created by short term leases (terminable by either party on not more than thirty [30] days notice in writing) of a portion of an operating right of way of a railroad corporation defined as such by section 230 of the Public Utilities Code or for land conveyed to or from a governmental agency, public entity, or public utility, or to a subsidiary of a public utility for conveyance to such public utility for right of way; provided, however, that upon a showing made to the Planning Commission based upon substantial evidence that public policy necessitates such a map, this exception shall not apply : REQUIRED: It is unlawful for any person to convey for purposes of sale or financing, or to lease any parcel in a minor subdivision, unless and until an approved parcel map or other document approved by the City, i.e, instrument of waiver (certificate of compliance), lot line adjustment, mere or reversion, evidencing such minor subdivision is filed with the County Recorder : MINOR SUBDIVISION; COMMITTEE ESTABLISHED: Any division of land which does not require a tentative and final map is a minor subdivision. All minor subdivisions shall require a parcel map. Maps of proposed minor subdivisions shall be reviewed by a minor subdivision committee, which is hereby established.

2 6-8-4: MINOR SUBDIVISION COMMITTEE; MEMBERSHIP: The minor subdivision committee shall consist of the chairman of the Planning Commission, who may appoint a member of the Planning Commission as an alternate, the Planning Director, and the City Manager, or their representatives. The committee shall meet on call of the Planning Director, who shall act as secretary of the committee and shall keep records of its activities, which records shall be a public record and shall be made available to the entire membership of the Planning Commission. The chairman of the Planning Commission shall be chairman of this committee. All tentative parcel and parcel maps shall be submitted in a number and form determined by the subdivision committee, and shall contain such information as is prescribed by the committee in its established procedures : MINOR SUBDIVISION COMMITTEE; AUTHORITY: The minor subdivision committee shall have authority to impose such conditions as are deemed necessary to protect the public safety, welfare and convenience, and may waive such provisions of this Chapter relating to improvement and design as it deems reasonable under the circumstances. The procedures of the committee shall be approved by resolution of the Planning Commission and shall apply uniformly to all applications for parcel maps : MINOR SUBDIVISION COMMITTEE; ALTERNATIVE ACTIONS: The minor subdivision committee may: (A) (B) (C) Refer any parcel map to the Planning Commission for action if the committee feels that the request involves major policy decisions which should be made by the Planning Commission and City Council. Require a tentative and final subdivision map in substitute for a parcel map when the particular circumstances of proposal so warrant. Waive the requirement for a parcel map in those instances where the map would merely correct a minor technical or inadvertent error, or administrative oversight, or where the parcel to be divided meets all requirements of section of the Government Code and the ordinance codified in this Title and no improvements or dedications will be required. The subdivision shall in any instance meet the required findings of section of the Government Code and shall conform to all subdivision regulations otherwise applicable, and the applicant shall be required to furnish a legal description of the property in question, sketch of the proposed subdivision, volume and page numbers of the deed, and whatever other information and materials that may be required by the subdivision committee. When such waiver is granted, the subdivider shall record the instrument of waiver, setting forth the legal descriptions of the parcels before and after subdivision and the basis for the waiver : LOT LINE ADJUSTMENTS: A lot line adjustment between two (2) or more adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not created, may be approved by resolution of the minor subdivision committee without the approval and filing of a parcel map. Applications

3 for lot line adjustments shall be filed with the minor subdivision committee and shall be in the form and contain the information required by the minor subdivision committee. A lot line adjustment shall not be approved unless the diminished parcel and any structures or parking spaces located thereon will comply with area, width, frontage, and yard requirements of the zone in which the parcel is located. The lot line adjustment shall not be complete until a deed is recorded in the office of the County Recorder and monuments have been placed at the new lot lines and a record survey recorded in the office of the County Recorder : TENTATIVE : (A) Filing: The provisions of Chapter 6 of this Title shall govern the filing of tentative parcel maps. (B) Application Form: Application for the approval of a tentative parcel map shall be made upon the form provided by the secretary of the Planning Commission. The application shall contain the following information: 1. A legal description of the whole parcel proposed to be divided; 2. Existing use of the parcels 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 source of domestic water supply and the proposed method of sewage disposal; 6. Name and address and telephone number of the applicant and owners; 7. Certification by the owner that he is the owner of the property on the map as proposed for subdivision, has examined the map and consents to its submission; 8. A preliminary title report describing the status of all interests in the parcel to be divided shall be attached thereto. (C) Tentative Map; Form and Content: A tentative parcel map shall be legibly drawn on reproducible material, to a scale and in a manner prescribed by the City Engineer to best illustrate the proposed division of land. The following information shall be shown on the map: 1. The boundary lines of the entire parcel including the area to be divided, with dimensions, based on existing survey data or property description; 2. The proposed division lines with dimensions; 3. Identification of each parcel with a number; 4

4 4. All existing buildings and structures located within one hundred feet (100') of all proposed boundary lines, together with their major exterior dimensions and the distance from said boundary lines (except when located on the opposite side of public rights of way); 5. The location of all existing wells, septic tanks, and leaching fields located within one hundred feet (100') of all proposed boundary lines, with the distance from said boundary lines (except when located on the opposite side of public rights of way); 6. The location and names of all abutting roads; 7. The location, widths, and names of any roads proposed by the subdivider; 8. Source of data from which the map was drawn; 9. Name, address, and telephone number of the person preparing the map; 10. The width and location of all existing or proposed easements or rights of way within the land being divided or on its boundaries; 11. Land subject to flooding; 12. Water courses, streams, and drainage channels; (Ord. 295, ) 13. At least two reference point ties to the California State Plane Coordinate System (1983 NAdatum) shall be shown on the map, if available within one mile of the subdivision. If the distance is greater than one mile, a record tie to a section line or quarter-section line and from a section corner or quarter-section corner shall be shown on the map and the distance from a point on the outer line of a subdivision to a point on a section line or the angle between the tie line and the section line upon which the control point falls; 14. Such additional information as the City deems necessary due to unusual topography or drainage conditions. (Ord. 387, ) (See following page for subsection 6-8-8D) (D) Review and Approval of Tentative Parcel Maps: 1. The procedure for reviewing and approving tentative parcel maps shall be as set forth in Sections through : WAIVER OF PARCEL MAP: (A) Application: 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 secretary of the Planning Commission in the form of an application therefore furnished by the City. (B) Findings Required: The City Council shall waive the requirement for the

5 filing of a parcel map if, after consideration for the tentative parcel map, information submitted therewith, the report of the Planning Commission arid any such investigation as it may determine necessary for the purposes of making its decision, it finds that all of the following conditions have been met: 1. That the subdivider has complied with the provisions of Section of this Chapter; 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 rights of way or easements are offered or required; 4. That all on-site and off-site improvements as required for parcel maps by Section have been completed; 5. That all 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 Subdivision Map Act and this Chapter. (C) Waiver Certificate: 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, reproduced by a process guaranteeing a permanent record in black; 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; 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; 6. The size of each sheet shall be eight and one-half inches (8 1/2") by eleven (11 ) or thirteen inches (13"). An entirely blank margin of two inches (12") 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

6 his 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 finds the same to be substantially in the form required by this Chapter, and in conformity with the conditions imposed by the City Council in connection with the approval of the tentative parcel map, he shall accept the same for filing and shall submit the same to the Planning Director. 2. Within twenty (20) days after receiving the waiver certificate or within such additional time as may be reasonably necessary, the Planning Director in concert with the City Engineer shall determine whether the waiver certificate is technically correct and conforms with the approved tentative parcel map. If approved, he shall so certify upon the waiver certificate. 3. After affixing his signature upon the waiver certificate, the Planning Director shall deliver the certificate to the City Clerk 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, he 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 Chapter 12. Said fee 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 of certificate with the City Clerk : : (A) Map Validity: No subdivision that is governed by the provisions of this Section shall be deemed valid until and unless it conforms to the applicable provisions of Title 6, and has been so certified by the City Clerk and referred to and filed with the County Recorder. (C) (B) Proceedings Termination: Failure to file a parcel map within two (2) years after the date on which the tentative parcel map is approved or conditionally approved by the Planning Commission, or any extension thereof, shall terminate all proceedings. Before a parcel map thereafter be filed, a new tentative parcel map shall be submitted and approved. Upon written application by the subdivider filed prior to the expiration date of the tentative parcel map, an extension of not more than one year may be granted by the Planning Commission; provided, however, that no tentative parcel map may be approved for a period exceeding a total of two (2) years. Parcel Map Withdrawal: 1. In the event the applicant wishes to terminate his application prior to the recordation of the parcel map, he shall submit his request in writing to the secretary of the Planning Commission. Where an agreement to construct improvements has been executed, the City Council may release the applicant from his agreement to improve and release to him any surety bond or cash deposit which he may have posted upon

7 completion of necessary abandonment proceedings. 2. 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 Chapter for an original parcel map, and the revised parcel map shall supersede any previous parcel map. (D) Parcel Map; Form and Content: The subdivider shall file five (5) copies of the parcel map with the City Clerk not less than sixty (60) 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. 1. The parcel map shall be prepared by or under direction of a registered civil engineer or licensed surveyor; 2. It shall be a map legibly drawn, printed. or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film including certificates, except that such certificates may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility; 3. The scale of the map is recommended to be one inch (1") equals fifty feet (50'); except that subdivisions with lots of two and one-half (2 1/2) acres or greater may use a scale of one inch (1") equals one hundred feet (100'), or the Planning Director or City Engineer may require one inch (1") equals less than fifty feet (50') if complexity of detail so warrants; 4. When the parcel map consists of more than two (2) sheets, a key map drawn to scale of one inch (1") equals one thousand feet (1,000') shall be placed on sheet number 1 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; 5. The title of each parcel number placed on the sheet followed by the words "consisting of, sheets" (showing Livingston)". 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 in the County Recorder's office or 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 the 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

8 page of records of the County Recorder; 6. The exterior boundary of the land included within the subdivision shall be indicated by distinctive line and clearly so designated. The map shall show the location of each parcel and its relation to surrounding surveys. The location of any remainder of the original parcel shall be shown, but need not be shown as a matter of survey but only by reference to the existing record boundaries of such remainder if such remainder has a gross area of five (5) acres or more; 7. 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 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 (1/100) of an acre; 8. Certificate and acknowledgements as are required by the Subdivision Map Act shall appear on the title sheet of the parcel map, unless their omission is permitted in the mariner provided by the Subdivision Map Act. 9. A certificate, either as a separate document or a certificate on the parcel map, signed and acknowledged by all parties having any record title interest in the real property subdivided, as specified in section of the Subdivision Map Act. 10. A certificate for the City Clerk shall be required where dedications are offered and shall certify the action of the City Council to accept or reject the proposed dedications. 11. Evidence of title, acceptance 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. (E) Examination of Parcel Map; Planning Director: The Planning Director shall examine the parcel map, and if he finds the same to be substantially in the form required by this Title, and in conformity with the conditions imposed by the Planning Commission in connection with the approval of the tentative parcel map, he shall accept the same for filing and shall then transmit the same to the City Engineer.

9 (F) (G) (H) Examination of Parcel Map; City Engineer: The City Engineer shall examine the parcel map and it shall be certified by him if he shall find 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 (20) days after receiving the map or within such additional time as may be reasonably necessary. Verification of Improvements: 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 City officer designated for such purposes by the Council, and if the same have been completed in conformity with the requirements of the City Council and applicable provisions of Title 6, he 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 shall attach his report thereof to the map. Completion of Improvements or Agreement Therefore: 1. Requirements for the construction of off-site and on-site improvements shall be noticed by certificate on the parcel map, or by separate instrument and shall be recorded on, concurrently with, or prior to the parcel map being filed for record. 2. Fulfillment of such construction requirements shall not be required until such time as a permit or other grant of approval for development of the parcel is issued by the City or until such time as the construction of such improvements is required pursuant to an agreement between the subdivider and the City, except that in the absence of such an agreement, the City may require fulfillment of such construction requirements within a reasonable time following approval of the parcel map and prior to the issuance of a permit or other grant of approval for the development of a parcel upon a finding by the City Council that fulfillment of the construction requirements is necessary for reasons of (a) the public health and safety; or (b) the required construction is a necessary prerequisite to the orderly development of the surrounding area. Said findings and requirements shall be made at the time of approval of the tentative parcel map, and the requirement shall be made on a condition of approval. 3. Agreements as to the time for the construction of required improvements as provided above may be entered into by mutual agreement of City and the subdivider. Such agreements shall be approved by the City Council at the time of approval of the tentative parcel map. 4. Conditions of approval requiring improvements by a time specific and agreements as to the time for the construction of required improvements shall be accompanied by security to guarantee performance as provided in Chapter 6.

10 (I) (J) (K) Final Certification: When the City Clerk shall find that the parcel map is substantially in the form required by this Chapter, in conformity with the conditions imposed by the 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 shall endorse on such map the final certification thereof. Acceptance of Dedications: If dedications are offered or required, the City Clerk shall transmit the parcel map or deeds of dedication to the Council, which may accept or reject any or all offers of dedication by resolution. If the offer of dedication is shown on the parcel map, any acceptance and the date thereof shall be certified on such map by the City Clerk. Dedications shall be completed prior to filing of the parcel map with the County Recorder. If, at the time the final map is approved, any streets, paths, alleys, or storm drainage easements are rejected, the offer of dedication shall remain open and the City Council may by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, paths, alleys, or storm drainage easements for public use, which acceptance shall be recorded in the office of the County Recorder. Recordation of Parcel Maps: Upon final certification and acceptance or rejection of dedications, the City Clerk shall deliver the map to the County Recorder for recordation : DESIGN AND IMPROVEMENTS: All divisions of land shall be designed and improvements thereon constructed and dedications therefrom required as in the case of subdivisions as provided in Chapter : FEES: Fees required for filing, or as a condition of the recordation of a final parcel map, are governed by the provisions of Chapter 12. (Ord. 295, )

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