Fountain Valley City Zoning Code
CHAPTER 21
72 PARCEL MAPS AND FINAL MAPS
§ 21.72.010 Purpose.
This chapter establishes requirements for the preparation, filing, approval and recordation of parcel and final maps, consistent with the Map Act.
(Ord. 1308 § 5, 2000)
§ 21.72.020 Parcel maps.
As required by Sections 21.66.030 (Applicability), and 21.70.110 (Completion of subdivision process) of this title, 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 21.72.030 of this chapter. A parcel map shall be prepared, filed and processed as set forth in Sections 21.72.040 through 21.72.060 of this chapter.
(Ord. 1308 § 5, 2000)
§ 21.72.030 Waiver of parcel map.
A subdivider may request waiver of a parcel map, and the waiver may be granted, in compliance with this section.
(1)
When Waiver Is Allowed. Waiver of a parcel map may be requested by a subdivider and granted by the review authority for an approved subdivision where the following circumstances exist, and the boundaries of the original parcel have been previously surveyed and a map recorded, and are certain as to location.
(A)
The proposed division of land complies with the requirements of the city as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply protection, environmental protection and all other requirements of the Map Act and any applicable provisions of this code.
(B)
The original, unsubdivided parcel contains less than five acres, each proposed parcel abuts upon a maintained public street and no dedications and improvements are required by this title; or
(C)
Each parcel created by the division has a gross area of twenty acres or more and has approved access to a maintained public street; or
(D)
The parcel(s) have approved access to a public street which comprises part of a tract of land zoned for industrial or commercial development, and which has city approval for street alignments or width; or
(E)
Each parcel has a minimum gross area of forty acres, or is not less than a quarter of a quarter section; or
(F)
The land being subdivided is solely for the creation of an environmental subdivision in compliance with Map Act Section 66418.2; or
(G)
The subdivision or interests in the subdivision have been created by probate, eminent domain procedures, partition or other civil judgments or decrees; or
(H)
The subdivision results from the conveyance of land or interest to or from the city, public entity or public utility for a public purpose, such as school sites, public building sites or rights-of-way or easements for streets, sewers, utilities, drainage, etc.
(2)
Required dedications or offers of dedication shall be made by deed.
(3)
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 review authority may grant a requested waiver if:
(A)
The proposed tentative map satisfies all findings required for approval by Section 21.70.070 (Tentative map approval or disapproval) of this title; and
(B)
The proposed subdivision complies with all applicable requirements of the Map Act and this title as to lot area, improvement and design, drainage, flood control, appropriate improved public roads, sanitary disposal facilities, water supply availability and environmental protection.
(4)
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 subsections (1) and (2) of Section 21.70.120 of this title, and subsection (4) of this section, following.
(5)
Completion of Subdivision. A subdivision for which a parcel map has been waived shall be completed by the subdivider satisfying any tentative map conditions of approval, including any conditions providing for the payment of fees, and by the city engineer filing with the county recorder a certificate of compliance for the land to be divided and a plat map showing the division.
(Ord. 1308 § 5, 2000)
§ 21.72.040 Parcel map form and content.
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 submittal shall include the application forms, and all information and other materials prepared as required by the department.
(Ord. 1308 § 5, 2000)
§ 21.72.050 Filing and processing of parcel maps.
(a)
Filing with the City Engineer. The parcel map, together with all data, information and materials required by Section 21.72.040 of this chapter shall be concurrently submitted to the city engineer and the county surveyor's office. The parcel map shall be considered submitted when it is complete and complies with all applicable provisions of this title and the Map Act.
(b)
Review of Parcel Map.
(1)
The city engineer shall determine whether all applicable provisions of this title and the Map Act have been complied with; the county surveyor shall determine whether the map is accurate and technically correct.
(2)
The city engineer shall 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 if the tentative map has not expired. |
(Ord. 1308 § 5, 2000)
§ 21.72.060 Parcel map approval.
After the parcel map has been determined to be in compliance and technically correct, the city engineer shall forward the parcel map to the council for approval. After action by the council to approve the parcel map, the city engineer shall transmit the map to the county recorder for filing in compliance with Map Act Section 66450.
(Ord. 1308 § 5, 2000)
§ 21.72.070 Final maps.
As required by Section 21.66.030 (Applicability) of this title, 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 21.72.080 through 21.72.100 of this chapter.
(Ord. 1308 § 5, 2000)
§ 21.72.080 Final map form and content.
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 submittal shall include 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 city engineer.
(Ord. 1308 § 5, 2000)
§ 21.72.090 Filing and processing of final maps.
(a)
Filing with City Engineer. The final map, together with all data, information and materials required by Section 21.72.080 of this chapter shall be concurrently submitted to the city engineer and the county surveyor. The final map shall be considered submitted when it is complete and complies with all applicable provisions of this title and the Map Act.
(1)
Review of Final Map.
(A)
The city engineer shall determine whether all applicable provisions of this title and the Map Act have been complied with; the county surveyor shall determine whether the map is accurate and technically correct.
(B)
The city engineer shall 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 prior to tentative map expiration and resubmit the parcel 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 ten-tative map, the director approved the request.
(d)
Tract Map Checking Fee. In addition to all other fees, charges and deposits required by law, the subdivider shall pay a map-checking fee upon submitting a final map of a subdivision. The amount of the fee shall be in compliance with the council's fee resolution.
(Ord. 1308 § 5, 2000)
§ 21.72.100 Final map approval.
After the parcel map has been determined to be in compliance and technically correct, the city engineer shall execute the city engineer's certificate on the map in compliance with Map Act Section 66442, and forward the final map to the council for action, as follows.
(1)
Review and Approval by Council. The council shall approve or disapprove the final map at its next regular meeting after the city clerk receives the map, or at its next regular meeting after the meeting at which it receives the map, unless that time limit is extended with the mutual consent of the city engineer and the subdivider.
(A)
Criteria for Approval. The council shall approve the final map if it conforms to all the requirements of the Map Act, all provisions of this title 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 council may approve a final map that fails to meet any of the requirements of this title or the map act applicable at the time of approval of the tentative map, when the council finds that the failure of the map is a technical or inadvertent error which, in the determination of the council does not materially affect the validity of the map.
(C)
Approval by Inaction. If the council does not approve or disapprove 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 city clerk shall certify its approval on the map.
(2)
Map with Dedications. If a dedication or offer of dedication is required on the final map, the council shall accept, accept subject to improvement, or reject with or without prejudice any or all offers of dedication, at the same time as it takes action to approve the final map. If the city council rejects the offer of dedication, the offer shall remain open and may be accepted by the city council at a later date in compliance with Map Act Section 66477.2. Any termination of an offer of dedication shall be processed in compliance with Map Act Section 66477.2 and the street vacation procedure.
(3)
Map with Incomplete Improvements. If improvements required by this title, conditions of approval or by law have not been completed at the time of approval of the final map, the council shall require the subdivider to enter into an agreement with the city as specified in Map Act Section 66462, and Section 21.80.040 (Improvement agreements and security) of this title, as a condition precedent to the approval of the final map.
(4)
Transmittal to Recorder. After action by the council, and after the required signatures and seals have been affixed, the city clerk and county surveyor's office shall transmit the final map to county recorder for filing, in compliance with Section 21.72.120 (Recordation of maps) of this chapter.
§ 21.72.110 Supplemental information sheets.
In addition to the information required to be included in parcel maps and final maps (Sections 21.72.020 and 21.72.070 of this chapter, respectively), additional information may be required to be submitted and rec-orded simultaneously with a final map as required by this section.
(1)
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 21.72.040 (Parcel map form and content) of this chapter.
(2)
Content of Information Sheets. Supplemental information sheets shall contain the following state-ments and information:
(A)
Title. A title, including the number assigned to the accompanying parcel or final map by the city engineer, the words "Supplemental Information Sheet";
(B)
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;
(C)
Location Map. A location map, at a scale not to exceed one inch two thousand feet. The map shall indicate the location of the subdivision within the city;
(D)
Areas Subject to Flooding. Identification of all lands within the subdivision subject to periodic inundation by water;
(E)
Soils or Geologic Hazards Reports. When a soils report, or geological hazard report has been prepared, or a seismic hazard report has been prepared in compliance with State Seismic Hazard Zone requirements, 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
(F)
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, including any other easements or dedications.
(Ord. 1308 § 5, 2000)
§ 21.72.120 Recordation of maps.
(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.
(Ord. 1308 § 5, 2000)
§ 21.72.130 Amendments to recorded maps.
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.
(1)
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 city engineer and county surveyor 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.
(2)
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 21.80.040 (Improvement agreements and security) of this title, a new tentative and parcel or final map shall be filed and approved as required by Section 21.66.030 (Applicability) of this title.
(Ord. 1308 § 5, 2000)
