§ 4-4.503. Filing Parcel Maps.

(a)

Filing Within Twenty-Four Months of Tentative Approval. The subdivider or his/her agent may file a parcel map with the Community and Economic Development Director for his/her examination and certification within twenty-four (24) months after the approval or conditional approval of the tentative map. A map shall be deemed to be filed when it is accepted by the City as being in compliance with the provisions of this chapter and in substantial compliance with the tentative map. The twenty-four (24) month period shall not include any days during which the final map is being reviewed by the City. Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the Planning Commission may extend the time for filing a parcel map for a period or periods not exceeding two (2) years if it determines that conditions affecting the parcel map have not substantially changed. In any case where a parcel map has not been recorded within twenty-four (24) months or such extended period of time as may be granted by the Planning Commission, approval of a new tentative parcel map shall be required.

If a subdivider's application for an extension of time for filing a parcel map is denied by the Planning Commission, the subdivider may appeal to the City Council within fifteen (15) days after the Planning Commission has denied the time extension. The City Council shall hear such appeal in accordance with the provisions of Section 4-4.404(f) of this chapter.

A parcel map shall be prepared by a registered civil engineer or licensed land surveyor and shall substantially conform to the tentative parcel map and conditions thereto as approved by the Planning Commission.

(b)

Fees. A tracing of the parcel map shall be filed with the Community and Economic Development Director. In addition, the subdivider shall deposit with the City the Recorder's fee for recording the parcel map.

(c)

Form of Parcel Map. The parcel map shall conform to the provisions of Section 4-4.602 for final maps where applicable. The map shall show the definite location of the parcel or parcels and particularly their 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 if such remainder has a gross area of five (5) acres or more.

The parcel map may be compiled from record data when sufficient survey information exists on filed maps to locate and retrace the exterior boundary lines of the parcel map and when the location of at least one (1) of these boundary lines can be established from an existing monument line. In any case, the parcel map may be based upon a field survey made in conformance with the Land Surveyor's Act.

(d)

Consent by Owner. The parcel map shall contain a certificate, which shall be signed and acknowledged by all parties having any record title interest in the real property being subdivided, consenting to the preparation and recording of the parcel map. Such signatures shall be in accordance with the provisions of Section 4-4.603(a)(1) of this chapter pertaining to final maps.

(e)

Dedications. If dedications of streets, alleys, walkways, easements, public utility easements, or other public ways, or access rights are required by the Planning Commission as conditions of approval of a parcel map, such dedications shall either be shown on and offered by a certificate on the parcel map or made by separate instrument as determined by the Community and Economic Development Director. Such certificate or instrument shall be signed by those parties having any record title interest in the real property being subdivided in accordance with the provisions of Section 4-4.603(a)(1) of this chapter pertaining to final maps.

(f)

Certification by Community and Economic Development Director. Upon receipt of the parcel map, together with the recording fees, and any required improvement security, the Community and Economic Development Director shall examine the same to determine whether said map is technically correct and substantially conforms with the tentative parcel map and with all changes and requirements imposed as conditions of approval by the Planning Commission. The Community and Economic Development Director shall also refer the parcel map to the Secretary of the Planning Commission for examination and determination if all of the lots and parcels created by said map conform with the requirements and the zoning regulations of the City of Modesto. If the Community and Economic Development Director shall determine that the parcel map fully conforms with all of the requirements set forth herein, he/she shall so certify on said map.

(g)

Acceptance of Dedications. Offers of dedication as set forth in subsection (e) of this section shall be reviewed by the Community and Economic Development Director for compliance with the conditions of approval imposed by the Planning Commission. If all offers of dedication are in accordance with the requirements of the Planning Commission, the Community and Economic Development Director shall consent to such dedications and shall accept such dedications by a certificate on the parcel map.

(h)

Recordation of Parcel Maps. Upon certification by the Community and Economic Development Director, the parcel map shall be transmitted to the City Clerk, who shall cause said map to be recorded in the office of the County Recorder.

(Ord. 413-C.S., amended by Ord. 836-C.S., Ord. 867-C.S., Ord. 1254-C.S., Ord. 436-C.S., Ord. 1437-C.S., Ord. 2217-C.S., § 1, Ord. 2156-C.S., § 1, Ord. 2662-C.S., § 1, Ord. 2847-C.S., § 1, Ord. 3128-C.S., § 4, and Ord. 3364-C.S., § 3, effective 12-9-04)

(Ord. 3578-C.S., § 1, effective 11-2-12)