Chapter 16.14
PARCEL AND FINAL MAPS

Sections:

16.14.005    Purpose of provisions.

16.14.010    Application submittal.

16.14.020    Failure to file in time.

16.14.030    General preparation requirements.

16.14.040    Map form and contents.

16.14.050    Parcel map form and contents.

16.14.060    Title sheet.

16.14.070    Statements, documents and other data to accompany parcel and final map.

16.14.080    Action of public works director.

16.14.090    Council action on final subdivision maps.

16.14.100    Filing with the county recorder.

16.14.110    Multiple parcel or final maps.

16.14.120    Corrections and amendments to subdivision maps.

16.14.005 Purpose of provisions.

This phase of the subdivision process includes the final design of the subdivision, engineering of public improvements, and the submittal of either a “parcel” or “final” map together with improvement plans for city review and action. As discussed in the definitions section, a “parcel” map is generally the recording instrument for a minor subdivision and a “final map” is generally the recording instrument for tract maps with five or more lots. (Ord. 1490 § 3 (part), 2006)

16.14.010 Application submittal.

The subdivider shall submit the original form of the final map or parcel map (hereafter referred to as “map”), prepared in accordance with the provisions of this title and the Subdivision Map Act, to the city public works department within twenty-four months of the date of approval or conditional approval of the tentative map, together with review fees and any additional information or documents deemed necessary by the public works director to adequately evaluate compliance with the approved tentative map. (Ord. 1490 § 3 (part), 2006)

16.14.020 Failure to file in time.

Failure to file a map within twenty-four months of the date of approval or conditional approval of a tentative map, or within any extended period of time granted in accordance with Section 16.10.155, shall terminate all proceedings. Before a map may thereafter be filed, a new tentative map shall be submitted and approved. (Ord. 1490 § 3 (part), 2006)

16.14.030 General preparation requirements.

Parcel and final maps shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall be based on survey, and shall conform to the approved or conditionally approved tentative map. They shall be prepared in accordance with the Subdivision Map Act and this title. The map may be based upon a field survey made in conformity with the Land Surveyor’s Act, at the discretion of the city engineer. It may be compiled from recorded or filed data when sufficient survey information exists on filed maps to locate and retrace the exterior boundary lines of the map (if the location of at least one of these boundary lines can be established from an existing monumented line). (Ord. 1490 § 3 (part), 2006)

16.14.040 Map form and contents.

A. Materials. The map shall be legibly drawn, printed or reproduced by a process assuring a permanent record in black on durable, transparent material. All lines, letters, figures, certificates, affidavits and acknowledgments shall be legibly stamped or printed upon the map with waterproof opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. The map shall be made and shall be in such condition when filed so that legible prints may be made from it. An eight-and-one-half-inch by eleven-inch reduced copy of each sheet shall be delivered to the city engineer or supplied electronically.

B. Size and Scale. Each sheet of the final subdivision map shall be eighteen inches by twenty-six inches, with a marginal line drawn on all sides, leaving a one-inch blank margin. The map shall be to a minimum scale of one inch equals one hundred feet, and with all lettering a minimum of one-eighth inch, unless otherwise approved by the city engineer. Drafting symbols shall be as shown in the standard details adopted by the city.

C. Sheet Key. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining street shall be clearly shown.

D. Miscellaneous Data. Each sheet of the final subdivision map shall state the number and name, if any, of the subdivision, the scale, and north point.

E. Survey Data. The map shall show all survey data necessary to locate all monuments and to locate or retrace all interior and exterior boundary lines, lot lines, and block lines appearing on the final map, including bearings and distances, to the nearest one-hundredth foot, of straight lines, and radii and arc lengths or chord bearings and lengths for all curves, and such information as may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish subdivision boundaries.

F. Monuments. The map shall show monuments found or set in the manner described in subsection E of this section. If monument setting has been deferred, the map shall note which monuments are in place and which are to be set.

G. Vicinity Map. The final subdivision map shall show the definite location of the subdivision, particularly in relation to surrounding surveys.

H. Lot Numbering. Lots shall be numbered consecutively beginning with the numeral “1” and continuing without omission or duplication throughout the entire subdivision. No prefix or suffix or combination of letters and numbers shall be used. Each lot shall be shown entirely on one sheet.

I. Blocks. Blocks shall not be designated by number or letter.

J. Lot Area. The area of each lot containing one acre or more shall be shown to the nearest one-hundredth acre; the area of each lot containing less than one acre shall be shown to the nearest square foot. The total acreage within the subdivision shall be stated on the parcel or final map.

K. Boundary Lines. The boundary lines of the subdivision shall be clearly identified and emphasized by appropriate line weight. The tract boundary shall be based on record data on file at the office of the county recorder and must be reestablished by methods commonly accepted in the field of surveying and in accordance with state law. The method of survey shall be clearly indicated on the final map. Any city boundary crossing or adjoining the subdivision shall be shown on the map.

L. Easements. The centerline or side lines of each easement to which the lots in the subdivision are subject shall be shown upon the final subdivision map. If such easement cannot be definitely located from the records, a statement showing the existence of such easement shall be placed on the title sheet of the map and the approximate location shall be shown. All easements shall be designated on the final map by fine dotted lines. Each easement shall be clearly labeled, identified and marked as to nature and purpose, and, if already of record, its record reference shall be shown. If not of record, a statement of such easement shall be placed on the title sheet of the final map. If such easement is being dedicated by the final map, it shall be properly set out in the owner’s certificate and dedication on the title sheet of the map.

M. Streets and Rights-of-Way. Each street, or other public way or public utility right-of-way within the boundaries of the subdivision, shall be shown on the final subdivision map. The centerline and width of each street shall be shown and, in the case of a proposed street or way, the width of that portion to be dedicated, if any, shall also be shown. On each centerline, the bearing and length of each tangent and radius central angle and length of each curve shall be indicated.

N. Centerlines. In the event the city public works division, State Highway Engineer or county engineer shall have established the centerline of any street in or adjoining the subdivision, such centerline shall be shown and the monuments which determine its position indicated with reference to a field book or map showing such centerline. If such position is determined by ties, that fact shall also be indicated on the map.

O. Future Streets. The location, width and extent of future streets and alleys shall be shown on the final subdivision map and shall be offered for dedication as public streets by a dedicatory clause conforming to the requirements of the Subdivision Map Act.

P. Private Streets. Any street or way which is intended to be kept physically closed to public travel or posted as a private street at all times may be shown as a private street. Any such private street shown on the map shall be indicated by heavy dashed lines. Sufficient data shall be shown on each private street to define its boundaries and to show clearly the portion of each lot within such street. In order to provide for utility service to individual lots, such streets may be offered and accepted as public utility easements.

Q. Street Names. The names for streets and highways within the subdivision shall be shown on the final map spelled out in full and including suffixes such as “road,” “street,” “avenue,” “place,” “court” or other designations.

R. Watercourses. All watercourses, storm drains and areas subject to inundation during a one-hundred-year storm shall be outlined and marked on the map. Elevations of floodwater based on city datum shall be noted on the map. All other natural watercourses or bodies of water shall also be delineated. The top of bank for watercourses and the extent of any riparian vegetation along the watercourses shall be shown, based on a field survey.

S. Historic and Cultural Resource Areas. The final subdivision map shall show the footprint of all structures of historic and cultural significance and the extent of any archaeological surface surveys prepared for the site, together with the survey reference number.

T. Endangered Species. The final subdivision shall note the presence and extent of any rare, threatened, or endangered plant or animal species listed in Section 670.2 or 670.5, Title 14, California Administrative Code, or in Title 50 Code of Federal Regulations Section 17.11 or 17.12, pursuant to the Federal Endangered Species Act.

U. Hazard Areas. If any part of an area to be subdivided, lot or parcel, is subject to flood hazard, inundation, or geological hazard, or located in a fault zone, it shall be clearly shown on the final map by a prominent note on each sheet whereon such conditions exist.

V. Not a Part. All areas shown on the final subdivision map which do not constitute a part of the subdivision shall be labeled “not a part of this subdivision” or “N.A.P.O.T.S.” All lines delineating those areas shall be dashed.

W. Remainder. When a subdivision is of a portion of any unit or units of improved or unimproved land, the map may designate as a remainder that portion which is not divided for the purpose of sale, lease, or financing. Such designated remainder parcel need not be indicated as a matter of survey, but only by deed reference to existing boundaries of such remainder if such remainder has a cross-area of five acres or more. If so designated, such remainder parcel shall be treated as set out in Section 66424.6 of the Subdivision Map Act or its successor section, as it may be amended from time to time. (Ord. 1490 § 3 (part), 2006)

16.14.050 Parcel map form and contents.

A. Materials. The map shall be legibly drawn, printed or reproduced by a process assuring a permanent record in black on durable, transparent material. All lines, letters, figures, certificates, affidavits and acknowledgments shall be legibly stamped or printed upon the map with waterproof opaque ink. If ink is used on polyester-base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. The map shall be made and shall be in such condition when filed so that legible prints may be made from it. An eight-and-one-half-inch by eleven-inch reduced copy of each sheet shall be delivered to the city engineer or supplied electronically.

B. Size and Scale. Each sheet of the final subdivision map shall be eighteen inches by twenty-six inches, with a marginal line drawn on all sides, leaving a one-inch blank margin. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end.

C. Sheet Key. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining street shall be clearly shown.

D. Miscellaneous Data. Each sheet of the map shall state the number and name, if any, of the subdivision, the scale, and north point together with the description of the real property being subdivided.

E. Survey Data. The exterior boundary of the land included within the subdivision shall be indicated by distinctive line weight and clearly designated on the map. The map shall show the location of each parcel and its relation to surrounding surveys. If the map includes a “designated remainder” parcel or similar parcel, and the gross area of the “designated remainder” parcel or similar parcel is five acres or more, that remainder need not be shown on the map and its location need not be indicated as a matter of survey, but only by deed reference.

F. Easements. The centerline or side lines of each easement to which the lots in the subdivision are subject shall be shown upon the final subdivision map. If such easement cannot be definitely located from the records, a statement showing the existence of such easement shall be placed on the title sheet of the map and the approximate location shall be shown. All easements shall be designated on the final map by fine dotted lines.

G. Monuments. The map shall show monuments found or set in the manner described in subsection E of this section. If monument setting has been deferred, the map shall note which monuments are in place and which are to be set.

H. Vicinity Map. The map shall show the definite location of the subdivision, particularly in relation to surrounding surveys.

I. Lot Numbering. Lots shall be numbered consecutively beginning with the numeral “1” and continuing without omission or duplication throughout the entire subdivision. No prefix or suffix or combination of letters and numbers shall be used. Each lot shall be shown entirely on one sheet. Each street shall be named or otherwise designated. (Ord. 1490 § 3 (part), 2006)

16.14.060 Title sheet.

The title sheet of each map shall contain:

A. A title consisting of the number and name of the tract, if any, and the words “in the City of San Luis Obispo.”

B. A description of all of the real property being subdivided, referring to such map(s) as have been previously recorded or filed with the county clerk pursuant to a final judgment in any action in partition. When necessary for greater clarity or definiteness, supplemental reference may be made to any other map on file in the office of the county recorder. Each reference to any tract or subdivision shall be so noted as to be a unique description and must show a complete reference to the book and page records of the county.

C. A certificate signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the final map, subject to the exceptions and under the conditions set out in Section 66436 of the California Government Code.

D. In the case of parcel or final maps filed for reverting subdivided land to acreage, the title sheet shall carry a subtitle consisting of the words “a reversion to acreage of (description as required).”

E. A basis of bearing shall be shown on every map containing a field survey. A basis of bearing is a line or record which has been reestablished based on points found on the line. The points should be the same points used to identify the line on the map of record which shows the line’s bearing.

F. In case of dedication or offer of dedication, a certificate signed and acknowledged by those parties having any record title interest in the real property subdivided, offering certain parcels of real property for dedication for certain specified public use, subject to such reservations as may be contained in any such offer as required by the Subdivision Map Act. If the offer includes dedication for street or highway purposes, and the council has so required, the certificate shall include a waiver of direct access rights from any property shown on the final map as abutting on the street or highway.

1. If any street shown on the final map is not offered for dedication, the map certificate shall contain a statement to that effect. If such a statement appears on a map approved by the council, public use of such street shall be permissive only. Map certificates shall state the extent to which any street not offered for dedication is offered as a public utility easement.

2. An offer of dedication for utilities, streets, or other purposes shall be deemed not to include any public facilities located within the area being dedicated unless and only to the extent the intent to dedicate such facilities is expressly stated in the certificate.

G. A certificate for execution by the city clerk. (Ord. 1490 § 3 (part), 2006)

16.14.070 Statements, documents and other data to accompany parcel and final map.

Note: When possible these documents shall be submitted to the city in electronic (PDF file or other) format.

A. Improvement Plans. Improvement plans and specifications required by this chapter along with calculations and additional information to assist the city engineer in properly checking the improvement plans shall be submitted with the final map.

B. Improvement Agreement. All agreements and securities required by the Subdivision Map Act and this chapter shall be submitted with the final map. If all required improvements have not been accepted by the city prior to filing of the final map, an agreement and bond as provided by these regulations shall be submitted.

C. Tax Lien Letter. A current letter from the San Luis Obispo County tax assessor’s office, certifying that there are no tax liens against the subdivision or any part of it for unpaid state, county, or city taxes or special assessments, shall be submitted with the final map. The letter is deemed to be current if it is no more than thirty days old when submitted. No final map shall be accepted by the city engineer unless it is accompanied by a certification of the county tax collector that there are no liens for unpaid state, county, municipal or local taxes or special assessments collected as taxes, except taxes or special assessments not yet payable, against any of the land to be subdivided.

D. Subdivision Guarantee. A preliminary subdivision guarantee and a title report containing the legal description of the land being subdivided shall be submitted with the final map. The subdivision guarantee shall show the names of all persons having any record title interest in the subdivision together with the nature of their respective interests. The subdivision guarantee shall be for the benefit of the city in an amount to be determined by the public works director and shall cover all lands to be dedicated for public use. No final map shall be accepted unless it is accompanied by a preliminary title report or subdivision guarantee issued by a title company authorized by the laws of the state to write such insurance, showing the names of any persons having any record title interest in the land to be subdivided and the nature of their respective interest.

E. Deeds. Whenever land, easements or rights-of-way are to be dedicated for public use or whenever access to land, easements or rights-of-way is to be granted to public agencies, all such land, easements or rights-of-way not dedicated or granted by the owner’s certificate on the final subdivision map shall be granted by deeds submitted with the final subdivision map.

F. Soils and Geologic Reports. When a soils or geological report has been prepared, this fact shall be noted on the final map, together with the date of the report and the name and address of the soils engineer or geologist making the report and the name and address of the applicable subdivision. Any studies necessary to comply with air pollution control district (APCD) requirements (including naturally occurring asbestos) shall be included. The city shall keep those reports on file for public inspection in the public works division office.

G. Grading and Erosion Control. All maps approved in accordance with these regulations shall comply with the requirements for grading and wind and water erosion control, including the prevention of sedimentation or damage to off-site property, as set forth by the city engineer and chief building official. Grading and erosion control plans shall be submitted to the building division of the community development department for review and shall be approved prior to recordation of the parcel or final map. For sites over one acre in size, copies of Regional Water Quality Control Board and APCD permits may be required.

H. Other Technical Reports. If a noise analysis, archaeological survey, traffic study, biological, botanical, or any other report has been prepared, as provided in these regulations, this fact shall be noted on the final map, together with the date of the report. The city shall keep these reports on file for public inspection in the office of the city engineer.

I. CC&Rs. A copy of any required covenants, conditions and restrictions shall be submitted with the parcel or final map.

J. Survey Data. Copies of reference maps, deeds, traverses of the boundaries or of the parcels being created and whatever other information is required by the city engineer to verify the accuracy of the survey. All boundary monuments and lot corners must be tied to the city’s control network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final parcel or final map along with a computer disk, containing the appropriate data for use in AutoCAD, or a successor program utilized by the city, for geographic information system purposes.

K. Utility Statements. A statement from each utility system and cable television company stating that the easements shown on the parcel or final map are satisfactory for service to the proposed subdivision shall be submitted with each map. (Ord. 1490 § 3 (part), 2006)

16.14.080 Action of public works director.

A. Upon receipt of a parcel or final map and accompanying documents, fees and materials for filing, the city public works director (or designee) shall determine if they are in substantial conformity with the approved or conditionally approved tentative map and modifications and conditions made or required by the review body. If they are found to be complete and in conformance with these and other applicable regulations, and the required improvements have been installed or an agreement for installation has been made in accordance with these regulations, the city public works department shall:

1. Transmit the map to the city clerk for placement on the next available council agenda.

2. Certify approval of the final subdivision maps by signature on the title sheet and forward it to the county recorder for recording, if all of the following findings can be made:

a. The subdivision shown is substantially the same as it appeared on the tentative map, including any approved alterations or conditions.

b. All provisions of this title and the Subdivision Map Act applicable at the time of approval of the tentative map have been complied with.

c. The map is technically correct.

B. Should the map or accompanying documents, fees or materials be found to be incomplete or incorrect in any respect, the public works director shall advise the subdivider in writing of the changes or additions that must be made before the parcel or final map may be certified.

C. If the city public works department determines circumstances concerning the design and improvement of the subdivision in relating to the public health, safety and welfare have materially changed since the approval of the tentative map, the city public works division need not certify the parcel or final map. In such instances, the city public works division shall forward the parcel or final map to the council for further consideration.

D. If the city public works department approves a parcel or final map, the city shall accept, subject to improvement, or reject any offer of dedication and shall so certify on the map.

E. The city public works department’s actions shall be reported to the council within four days of the date of the action. (Ord. 1490 § 3 (part), 2006)

16.14.090 Council action on final subdivision maps.

A. At the meeting at which the council receives the map, or at the first regular meeting thereafter, the council shall approve the map if it conforms with the approved tentative map and meets the requirements of the Subdivision Map Act, these regulations, and any rulings made pursuant to them. If the map does not conform, the council shall disapprove it unless it finds that the map is in substantial compliance pursuant to Subdivision Map Act Section 66474.1.

B. If the council fails to act within the prescribed time, the parcel or final map shall be deemed approved to the extent it meets the requirements enumerated above. Upon approval by either action or inaction, the city clerk shall certify approval of the final subdivision map.

C. Subject to exceptions in the Subdivision Map Act, at the time the council approves a map, it shall also accept, accept subject to improvement or reject all offers of dedication. This action shall be certified on the map by the city clerk. (Ord. 1490 § 3 (part), 2006)

16.14.100 Filing with the county recorder.

After the council approves a final subdivision map, the city public works division is hereby authorized to transmit the map to the county recorder. (Ord. 1490 § 3 (part), 2006)

16.14.110 Multiple parcel or final maps.

A. Multiple parcel or final maps relating to an approved tentative map may be filed prior to the expiration of the tentative map if:

1. The director is informed of the subdivider’s intention to file multiple parcel or final maps at the time of filing of the tentative map.

2. In the event that the intention to file multiple parcel or final maps is not disclosed with the filing of the tentative map, the tentative map application may be deemed incomplete.

3. In the event that the intention to file multiple parcel or final maps is not disclosed prior to tentative map approval, multiple parcel or final maps may not be filed.

B. The subdivider shall not be required to define the number or configuration of the proposed multiple parcel or final maps. However, the city may impose reasonable conditions, such as the sequence of map approvals, relating to the filing of multiple parcel or final maps. (Ord. 1490 § 3 (part), 2006)

16.14.120 Corrections and amendments to subdivision maps.

A. Purpose. After a parcel or final map is filed in the office of the county recorder, the recorded map may be modified by a certificate of correction or an amending map in order to:

1. Correct an error in any course or distance shown; or

2. Show any course or distance that was previously omitted; or

3. Correct an error in the description of the real property shown on the map; or

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

5. Show the proper location or character of any monument which originally was shown at the wrong location or incorrectly as to its character; or

6. Correct any other type of map error or omission as approved by the county surveyor or the city public works department which does not affect any property right. Such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and the identification of adjacent record maps.

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

B. Form and Content. The amending map or certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor. An amending map shall conform to the requirements of Section 66434 of the Subdivision Map Act if a final map, or Section 66445(a) through (d) inclusive and (f) through (i) inclusive if a parcel map. The amending map or certificate of correction shall set forth in detail the corrections made and the names of the present fee owners of the property affected by the corrections.

C. Submittal. The application for an amending map or certificate of correction shall be submitted to the city public works department upon payment of appropriate fees and on forms provided by the city.

D. Certification. The city public works department shall examine the amending map or certificate of correction and if the only changes made are those set forth in subsection A of this section, describing the purpose for an amendment or correction, he or she shall certify this fact on the amending map or certificate of correction. Such certification shall not change any expiration dates.

E. Filing with County Recorder. After the amending map or certificate of correction has been certified by the city public works department, it shall be filed in the office of the county recorder.

F. Other Modifications. In addition to the amendments authorized by subsection A of this section, describing the purpose for amendments and corrections, the recorded parcel or final map may also be modified by a certificate of correction or amending map if:

1. There are changes in circumstances which make any or all of the conditions of the parcel or final map no longer appropriate or necessary; and

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

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

4. The city public works director and the community development director find that the map, as modified, conforms to the provisions of these regulations, the general plan and the Subdivision Map Act.

G. Public Hearing. For maps proposed for correction or amendment pursuant to subsection F of this section, the city public works department shall set the matter for public hearing before the legislative body or advisory agency that originally took final action on the project. Public notice of the hearing shall be given in accordance with Sections 65090 and 65091 of the California Government Code. The hearing shall be confined to consideration of and action on the proposed modifications. Approval of the proposed modifications shall not change any expiration dates. (Ord. 1490 § 3 (part), 2006)