§ 16.04.040. Map Procedures.

The procedures set forth in this Section shall govern the filing, processing, approval, conditional approval or disapproval of tentative, final and parcel maps and the modification thereof, in addition to the requirements in previous provisions.

A. Extension of Time Limits. The time limits specified in this Title for reporting and acting on maps may be extended by mutual consent of the subdivider and the planning agency or City Council.

B. Fees for Processing. Fees for the processing of tentative, vesting tentative, minor subdivision plot plan, final and parcel maps, lot line adjustments, lot mergers, reversion to acreage, certificates of compliance and official maps, and for other procedures required or authorized by this Title 16, shall be established in the City’s fee resolution.

C. Parcel Maps. The Planning Director may grant approval for the creation of two (2), three (3) or four (4) lots and a remainder parcel as shown on an approved tentative subdivision map for the purpose of obtaining building permits for model homes or units. As a condition of this approval, a parcel map may be required. Prior to the issuance of building permits for said model homes, a surety bond or cash deposit shall be posted with the City Engineer for the street improvements abutting said lots as required for the approved tentative subdivision. The surety bond or cash deposit shall be in an amount equal to a contractor’s construction estimate, plus ten percent (10%).

D. Filing Maps with County Recorder. After the approval by the City of a final or parcel map of a subdivision within the unincorporated territory, the map shall be transmitted ultimately to the County Recorder in accordance with Sections 66464 et seq. of the Subdivision Map Act, or as the Subdivision Map Act may be subsequently amended.

E. Correction and Amendment to Maps. The purpose of this Subsection is to provide a means to correct errors which may be found in final or parcel maps.

1. Amendment to a Final or Parcel Map. After a final map or parcel map is filed in the office of the County Recorder, it may be amended by a certificate of correction or an amending map in the following circumstances:

a. To correct an error in any course or distance shown thereon;

b. To show any course or distance that was omitted therefrom;

c. To correct an error in the description of the real property shown on the map;

d. To indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor charged with the responsibilities for setting monuments;

e. To show the proper location or character of any monument which has been changed in location or character or originally was shown at the wrong location or incorrectly as to its character; or

f. To correct any other type of map error or omission as approved by the County Surveyor which does not affect any property right. Such errors and omissions may include, but are not limited to: lot numbers, acreage, street names and identification of adjacent record maps.

As used in this Section, “error” does not include change in courses or distances from which an error is not ascertainable from the data shown on the final or parcel map.

2. Preparation of Amending Map. The amending map or certificate of correction shall be prepared by a registered civil engineer licensed to practice land surveying or licensed land surveyor. An amending map shall conform to the requirements of the chapter governing final map form and content, if a final map, or the chapter governing parcel map form and content, if a parcel map. The amending map or certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction or omission.

3. Map Amendment Examined by City Engineer. The City Engineer shall examine the amending map or certificate of correction; and if the only changes made are those set forth in this Subsection, the City Engineer shall certify to this fact on the amending map or certificate of correction.

4. Filing of Map Amendment with County Recorder. The amending map or certificate of correction certified by the City Engineer shall be filed in the office of the County Recorder in which the original map was filed. Upon such filing, the County Recorder shall index the names of the fee owners and the appropriate tract designation shown on the amending map or certificate of correction in the general index and map index respectively. Thereupon, the original map shall be deemed to have been conclusively so corrected, and thereafter shall impart constructive notice of all such corrections in the same manner as though set forth upon the original map.

5. Upon recordation of an amending map or certificate of correction, the County Recorder shall, within sixty (60) days of recording, transmit a certified copy to the City Engineer who shall maintain an index of recorded certificates of correction. The amending map shall contain a certificate of preparation that is signed by the registered civil engineer licensed to practice land surveying or licensed land surveyor who prepared the map and a prominently displayed note on the map which briefly lists the changes to the satisfaction of the County Surveyor.

F. Further Modifications of Final Maps. In addition to the amendments authorized by Section 16.04.040.E., after a final map or parcel map is filed in the office of the County Recorder, such a recorded final map may be modified by a certificate of correction or an amending map if the City Council makes each of the following findings:

1. That there are changes in circumstances which make one (1) or all of the conditions of such a map no longer appropriate or necessary; and

2. That the modifications do not impose any additional burden on the present fee owner of the property; and

3. That the present fee owner of the property has consented in writing to the modifications; and

4. That the modifications do not alter any right, title or interest in the real property reflected on the recorded map; and

5. That the map, as modified, conforms with each of the following findings:

a. The site is physically suitable for the proposed type of development;

b. The site is physically suitable for the proposed density of development;

c. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

d. The design of the subdivision and any related types of proposed improvements are not likely to cause serious public health problems or cause a threat to life and property from a wildland conflagration;

e. The proposed subdivision together with the provisions for its design and improvements are consistent with the General Plan, and any applicable community plan or specific plan;

f. The proposed subdivision, its design, density and type of development and improvements conform to the regulations of the Development Code, and the regulations of any public agency having jurisdiction by law;

g. The proposed subdivision is not deemed to be a land project, or an adopted specific plan covering the area proposed to be included within the project has been adopted by the City Council; and the proposed land project subdivision together with the provisions for its design and improvement are consistent with the adopted specific plan;

h. The design of the subdivision provides to the extent feasible, passive or natural heating and cooling opportunities to each of the proposed lots. Such opportunities may include, but are not limited to: siting of structures to take optimum advantage of passive cooling and heating opportunities, providing additional opportunities through land use controls for the use of solar energy systems, adjusting lot depth and width to provide for the future use of solar energy systems, and adjusting building setback lines to promote the optimum spacing of structures to create adequate solar access; and

i. Where applicable, in the event that the proposed subdivision is a conversion of residential real property into a condominium project, a community apartment project or a stock cooperative project, that the proposed subdivision has complied with the requirements of Government Code Sections 66427.1(a) and 66452.10.

Any such modification shall be set for a noticed public hearing as is required for any other Planning Commission or City Council action in which the reviewing authority hears public testimony for and against the land use proposal, reviews evidence and renders its decision in connection with a land use approval. The City Council shall confine the hearing to consideration of and action on the proposed modification. These map modifications shall also be subject to the preparation, review and recordation requirements of Section 16.04.040.E. where applicable.