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. 242, 9-3-2013)

Notwithstanding the provisions of this chapter, the town engineer may elect to waive the requirement for a parcel map subject to the preparation of written findings and as provided for in the act. (Ord. 242, 9-3-2013)

   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 civil engineer authorized to practice land surveying or licensed land surveyor.

      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 acknowledgments 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 town 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 And Professions Code section 8771.

   E.   Documentation Required For Town Review And Approval:

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

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

         a.   Improvement Plans: Improvement construction plans as required by the town engineer.

         b.   Soils Report:

            (1)   A preliminary soils 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 title 8, "Buildings And Construction", of this code, shall be required for all tract maps and for those parcel maps which involve commercial or industrial development.

               (A)   The soils report shall be prepared by a state registered civil or soils engineer.

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

            (2)   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 ninety (90) 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 commission.

         e.   Grant Of Easements And Rights Of Way:

            (1)   Grant of easements or rights of way required which are not proposed to be dedicated on the final map.

            (2)   The subdivider shall provide written evidence acceptable to the town 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.

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

         g.   Hydrology And Hydraulic Calculations: Complete hydrology and hydraulic calculations, if required by the project's conditions of approval.

         h.   Organization Documents:

            (1)   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.

            (2)   All documents shall be subject to review and approval by the director and the town attorney.

         i.   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.

         j.   Other Reports: Any additional calculations, data, reports, or information required by the town engineer. (Ord. 242, 9-3-2013)

   A.   Official And Timely Filing Of Map:

      1.   The subdivider shall cause the map to be officially filed with the town engineer at least twenty (20) days before the expiration of the approved or conditionally approved tentative map or any approved extension of time granted in compliance with section 9.91.110, "Tentative Map Expiration And Extensions", of this article 6.

      2.   The map shall not be considered officially filed until the engineer or surveyor has received notification from the town engineer that all provisions of the tentative map approval, the act, the town code, this development code, and applicable town standards have been complied with.

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

   B.   Review Of Map:

      1.   Upon filing of the application, the town engineer shall examine it as to sufficiency of affidavits and acknowledgments, correctness of surveying data, mathematical data and computations, and other matters which may require checking to ensure compliance with the provisions of the act, this chapter, and applicable town 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 town engineer is satisfied that all of the conditions of approval have been met, the town engineer shall endorse approval of the map.

      3.   The town 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 town engineer and the required accompanying data with the appropriate town departments within twenty four (24) months, or other period of time specified in Government Code section 66452.6 and section 9.91.110, "Tentative Map Expiration And Extensions", of this article 6, 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, in compliance with the planning fee schedule, and an application for a new tentative map shall be filed.

      1.   If one hundred twenty (120) days before the submittal of a map, the subdivider has failed to comply with the tentative map conditions which require the subdivider to construct or install off site improvements on land in which neither the subdivider nor the town has sufficient title or interest, including an easement or license, then at the time the map is filed with the local agency, to allow the improvements to be made, the subdivider shall enter into an agreement with the town to pay all costs of the town in acquiring the property.

      2.   The town shall have one hundred twenty (120) days from the filing of the map, in compliance with Government Code section 66457, to obtain interest in the land to allow the improvement(s) to be made by negotiation or proceedings in compliance with Code Of Civil Procedure title 7 (commencing with section 1230.010) of part 3, including proceedings for immediate possession of the property under Code Of Civil Procedure title 7, chapter 6, article 3 (commencing with section 1255.410).

      3.   In the event the town fails to meet the one hundred twenty (120) day time limitation, the condition for construction of off site improvements shall be conclusively deemed to be waived.

      4.   Before approval of the map, the town may require the subdivider to enter into an agreement to complete the improvements, in compliance with section 9.95.040, "Site Preparation And Grading For Subdivision Construction", of this article 6, at the time the town acquires an interest in the land which will allow the improvements to be made.

      5.   "Off site improvements", as used in this subsection, do not include improvements which are necessary to ensure replacement or construction of housing for persons and families of low or moderate income, as defined in Health And Safety Code section 50093. (Ord. 242, 9-3-2013)

After determining that the map is in compliance with section 9.92.030, "Final Tract And Parcel Map Form And Content", of this chapter, and is technically correct, the town engineer shall execute the town engineer's certificate on the map in compliance with Government Code section 66442, and forward the map to the town clerk for council action in the following manner:

   A.   Applicable Review Authority: The applicable review authority is set forth in section 9.90.070, table 6-1 of this article 6.

   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 town 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 review authority shall approve the map if it conforms to all of the requirements of the act, all provisions of this development code 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 may accept, subject to improvement or accept for dedication but not into town maintained roadways and any other offers of dedications and maintained systems, 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 Highways Code part 3 of division 9.

   D.   Map With Incomplete Improvements: If improvements required by this development code, conditions of approval, or other applicable laws have not been completed at the time of approval of the map, the review authority shall require the subdivider to enter into an agreement with the town as specified in Government Code section 66462, and section 9.96.040, "Improvement Agreements, Lien Agreements, And Securities", of this article 6, 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 town clerk shall transmit the map to the title company.

      2.   The title company shall obtain signatures at the county tax collector and deliver to county recorder for recordation. (Ord. 242, 9-3-2013)

In addition to the information required by this chapter to be included in all final tract and parcel maps, additional information may be required to be submitted and recorded simultaneously with a final or parcel map as required by this section.

   A.   Preparation And Form:

      1.   The additional information required by this section shall be presented in the form of an additional map sheet(s), 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(s).

      2.   The additional map sheet(s) shall be prepared in the same manner and in substantially the same form as required for final tract and parcel maps by section 9.92.030, "Final Tract And Parcel Map Form And Content", of this chapter.

   B.   Content Of Information Sheets: Supplemental information sheets shall contain the following statements and information:

      1.   Title: A title, including the number assigned to the accompanying final or parcel map by the director, the words "Supplemental Information Sheet";

      2.   Explanatory Statement: A statement following the title that the supplemental information sheet is recorded along with the subject final or parcel map, and that the additional information being recorded with the final or parcel map is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest;

      3.   Location Map: A location map, at a scale not to exceed one inch equals one thousand two hundred feet (1" = 1,200'). The map shall indicate the location of the subdivision within the town;

      4.   Areas Subject To Flooding: Identification of all lands within the subdivision subject to periodic inundation by water;

      5.   Soils Or Geologic Hazards Reports: When a soils report or geological hazard report has been prepared, 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

      6.   Information Required By Conditions Of Approval: Any information required by the review authority (e.g., areas subject to earthquakes and other similar environmental constraints) to be included on the supplemental information sheet(s) because of its importance to potential successor(s) in interest to the property, including any other easements or dedications. (Ord. 242, 9-3-2013)

In addition to the information required to be included in a parcel or final map (section 9.91.030, "Tentative Map Filing", of this article 6), a composite development plan may be required to be submitted and recorded as follows, as provided by map act section 66434.2 to provide additional and more detailed information:

   A.   Applicability: The director may require the filing of a composite development plan at the time a parcel or final map is accepted for recordation. The composite development plan shall be filed with the department concurrent with the recordation of the final or parcel map.

   B.   Content: A composite development plan shall be prepared and shall include the information required by the department handout on composite development plans, as required by the composite development plan standards established by the town engineer and adopted by the council, and as required by the conditions of approval.

   C.   Filing And Review: A composite development plan shall be filed as follows:

      1.   Filing Advance Copy: At least three (3) weeks before the recordation of the parcel or final map, the composite development plan shall be submitted for coordination of review to the town engineer.

      2.   Filing Official Copy Of Composite Development Plan: Concurrent with the filing for recordation of the parcel or final map the composite development plan, as approved by the director and town engineer in compliance with this section, shall be filed with the building and safety division.

   D.   Amendments To Plan:

      1.   Should an error be made on the parcel or final map which affects the composite development plan approved in compliance with this section, the parcel or final map and the composite development plan may be amended as approved by the director. A revision to an approved action application is required for all other changes to a composite development plan.

      2.   The director is authorized to approve amended composite development plans when they do not adversely impact the conditions of other departments and the amendment is in substantial compliance with the conditions of approval of the tentative or parcel map.

      3.   Any request to modify or deviate from the standards that are shown on a composite development plan shall be made in compliance with the provisions for variances, except as otherwise provided by this section. (Ord. 242, 9-3-2013)

A recorded final tract or parcel map (referred to as a map) may be amended by the town engineer to correct errors in the recorded map or to change characteristics of the approved subdivision in compliance with map act 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 town 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 town 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 Town Engineer's Review Process:

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

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

         c.   The town 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 subsection A6, "Required Findings", of this section can be made.

      6.   Required Findings: A map may be amended only if the town 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, does not conflict 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 Town's Review Process:

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

         b.   Once approved by the town 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 subsection B3, "Required Findings", of this section 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, does not conflict 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 9.96.040, "Improvement Agreements, Lien Agreements, And Securities", of this article 6, the subdivider shall file a new tentative, final, or parcel map in compliance with this article 6 or comply with the requirements of Government Code sections 66469 through 66472.1. (Ord. 242, 9-3-2013)