(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 this title, and has been so certified by the City Clerk and referred to and filed with the County Recorder.
(B) Proceedings termination. Failure to file a parcel map within two 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 years.
(C) Parcel map withdrawal.
1. In the event the applicant wishes to terminate his or her application prior to the recordation of the parcel map, he or she shall submit his or her 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 or her agreement to improve and release to him or her any surety bond or cash deposit which he or she may have posted upon 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 copies of the parcel map with the City Clerk not less than 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 equals 50 feet; except that subdivisions with lots of two and one-half acres or greater may use a scale of one inch equals 100 feet, or the Planning Director or City Engineer may require one inch equals less than 50 feet if complexity of detail so warrants;
4. When the parcel map consists of more than two sheets, a key map drawn to scale of one inch equals 1,000 feet shall be placed on sheet number one 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 the number thereof) followed by the words “in the City of 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 the Cal. Business and Professions Code Chapter 3, Part 2 of Division 4, 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 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 acres or more;
7. (a) A lot shall be shown in its entirety on one sheet.
(b) 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 of an acre.
8. Certificate and acknowledgments 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 manner 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 the Subdivision Map Act, Cal. Gov’t Code § 66465;
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; and
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 or she 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 or she shall accept the same for filing and shall then transmit the same to the City Engineer.
(F) Examination of parcel map; City Engineer. The City Engineer shall examine the parcel map and it shall be certified by him or her if he or she 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 20 days after receiving the map or within such additional time as may be reasonably necessary.
(G) 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 this title, he or she 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 or she shall attach his or her report thereof to the map.
(H) Completion of improvements or agreement therefor.
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. (a) 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:
(1) The public health and safety; or
(2) The required construction is a necessary prerequisite to the orderly development of the surrounding area.
(b) 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 of this title.
(I) 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 or she shall endorse on such map the final certification thereof.
(J) 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.
(K) 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.
(Ord. 295, passed 2-4-1986)