Chapter 16.28
FINAL MAPS
Sections:
16.28.060 Correction and amendment of recorded maps.
16.28.010 Purpose.
This chapter establishes requirements for the preparation, filing, processing, approval, conditional approval, or denial, and recordation of final maps, consistent with the requirements of the Map Act. (Ord. 25-01 § 1).
16.28.020 Final map filing.
A. Requirement. A final map shall be required for all subdivisions for which a tentative map is required.
B. Time Limit for Filing Map. If the subdivider fails to file the map with the city engineer within 24 months, or other period of time specified in Government Code Section 66452.6 and BMC 16.24.090 (Tentative map time limits, expirations and extensions), 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.
1. Off-Site Improvements.
a. If, 120 days before the filing 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 city 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 city through the city engineer to pay all costs of the city in acquiring the property.
b. The city shall have 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 Article 3 (commencing with Section 1255.410). (Government Code Section 66462.5)
c. In the event the city fails to meet the 120-day time limitation, the condition for construction of off-site improvements shall be conclusively deemed to be waived.
d. Before approval of the map, the city may require the subdivider to enter into an agreement to complete the improvements, in compliance with BMC 16.12.130 (Off-site improvements) and 16.16.050 (Improvement security), at the time the city acquires an interest in the land which will allow the improvements to be made.
2. “Off-site improvements,” as used in this subsection, does not include improvements that 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.
C. The final map application and fees shall be filed with the city engineer in accordance with the provisions of BMC 16.04.070 (Application filing) and 16.04.080 (Fees).
D. General.
1. The form, content, accompanying data, and filing of a final map shall conform to the Map Act, this section, and the applicable adopted submittal checklist and/or standards. (Government Code Section 66433)
2. The final map shall be prepared by or under the direction of a licensed land surveyor.
3. The city engineer may waive a requirement of this section regarding map content and accompanying information if the city engineer finds that the action complies with the Map Act and the waived requirement is not applicable to the subdivision.
E. Phasing.
1. Multiple final maps relating to an approved tentative map may be filed if:
a. The subdivider states in the tentative map application the subdivider’s intention to file multiple final maps; or
b. After filing of the tentative map, the council and the subdivider agree to the filing of multiple final maps. (Government Code Sections 66456.1, 66463.1)
2. Each final map which constitutes a part of the approved tentative map shall have a separate subdivision number.
3. The subdivision improvement agreement executed by the subdivider pursuant to BMC 16.16.020 (Subdivision improvement agreement) shall provide for the construction of improvements as required to ensure a logical and orderly development of the entire overall subdivision.
F. Survey Required.
1. An accurate and complete survey of the land to be subdivided shall be made by a licensed land surveyor.
2. All monuments, property lines, centerlines of streets, alleys, and easements adjoining or within the subdivision shall be tied into the survey.
3. At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments, conforming to the standards specified in Business and Professions Code Section 8771, so that another engineer or surveyor may readily retrace the survey.
a. At least one exterior boundary line shall be monumented before recording the final map.
b. Monuments shall be set in compliance with the standards and requirements of BMC 16.12.120 (Monuments).
c. Other monuments shall be set as required by the city engineer to address life safety and property delineation matters.
G. Form. The form of the final map shall conform to the Map Act and the following requirements (Government Code Section 66434):
1. The final map shall be legibly produced, or reproduced by a process guaranteeing a permanent record in black on mylar or other county recorder approved polyester base film.
a. Acknowledgments, affidavits, and certificates may be legibly stamped or printed upon the map with opaque ink.
b. If ink is used on mylar or another polyester base film, the ink surface shall be coated with a suitable substance to ensure permanent legibility. (Government Code Section 66434(a))
2. The size of each sheet shall be 18 inches by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. (Government Code Section 66434(b))
3. The scale of the map shall be not less than one inch equals 100 feet or as may be necessary to show all details clearly, and enough sheets shall be used to accomplish this end.
4. 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 sheet shall be clearly shown. When two or more sheets including the certificate sheet are used, a key sheet shall be included. (Government Code Section 66434(b))
5. All printing or lettering on the map shall be of one-eighth-inch minimum height and of a shape and weight as to be readily legible in prints and other reproductions made from the original drawings.
6. The boundary of the subdivision shall be designated by a heavy black line one-sixteenth-inch thick, in a manner so as not to obliterate figures or other data.
7. All dimensions shown on the final map shall be in feet and decimals of a foot.
8. All lines shown on the final map which do not constitute a part of the subdivision itself shall be clearly distinguishable and any area enclosed by the lines shall be labeled “not a part of this subdivision.” (Government Code Section 66434(e))
9. There shall appear on each map sheet the scale, the north point, and the basis of bearings and the equation of the bearing to true north. The basis of bearings shall be approved by the city engineer.
10. The final form of the final map shall be as approved by the city engineer.
H. Contents. The contents of the final map shall conform to the Map Act and the following requirements (Government Code Section 66434):
1. Title Sheet. The title sheet shall include:
a. The subdivision number conspicuously placed at the top of the sheet;
b. Acceptances of dedication, acknowledgments, affidavits, certificates, endorsements, and notarial seals required by law (Government Code Sections 66435 through 66443);
c. The date of preparation and the signed certificate of the subdivider’s surveyor who prepared the map;
d. A certificate of dedication signed by those persons having any record title interest in the subdivided land, if any land is to be dedicated for public use;
e. A certificate enacted by all parties having any record title interest in the subdivided land, consenting to the preparation and recordation of the map (Government Code Section 66430); and
f. Certificates for execution by the city engineer and the city clerk.
2. Title.
a. Each sheet shall have a title showing the subdivision number and the location of the property being subdivided with reference to maps that have been previously recorded, or by reference to the plat of a United States Survey.
b. The following words shall appear in the title, “City of Benicia, Solano County, California.”
3. Angular, Linear, and Radial Data.
a. Sufficient angular, linear, and radial data shall be shown to determine the bearings and lengths of monument lines, street centerlines, the boundary lines of the subdivision, the boundary lines on every parcel which is a part of the subdivision, and ties to existing monuments used to establish the boundary.
b. Arc length, radius, and total central angle and radial bearings of all curves shall be shown.
c. Ditto marks shall not be used in the dimensions and data shown on the map.
4. Monuments. The location and description of all existing and proposed monuments shall be shown. Standard city monuments shall be set at or on city engineer approved offsets at the following locations:
a. The intersection of street centerlines;
b. Beginning and end of curves or intersection of tangents on centerlines; and
c. Other locations as may be required by the city engineer. (Government Code Sections 66495, 66498)
5. Parcels.
a. Parcel numbers shall begin with the number one in each subdivision and shall continue consecutively with no omissions or duplications except where contiguous lands, under the same ownership, are being subdivided in successive units, in which event, parcel numbers may begin with the next consecutive number following the last number in the preceding unit.
b. Each parcel shall be shown entirely on one sheet of the map, unless approved by the city engineer.
c. The subdivider shall show the area of any parcel on the map, calculated excluding the area within any public street or alley (either existing or proposed) abutting the parcel, but including the area within any easements for other purposes (either existing or proposed).
6. Adjoining Properties. The adjoining corners of all adjoining subdivisions shall be identified by subdivision number and reference to the book and page of the filed map showing the subdivision, and if no subdivision is adjacent, then by the name of the owner and reference to the recorded deed by book and page number for the last record owner.
7. City Boundaries. City boundaries that cross or join the subdivision shall be clearly designated as shall locations of boundary lines of the school district or other taxing districts adjacent to or intersecting the subdivision.
8. Street Names. The names of all existing and proposed streets, alleys, or highways within or adjoining the subdivision shall be shown. (Government Code Sections 66434(d), 66445(c))
9. Easements and Dedications.
a. Every easement and proposed dedication for road or street, path, sanitary sewer, storm water drainage, utility, water main, or other public use as may be required shall be offered for dedication to the public for acceptance by the city or other public agency, and the use shall be specified on the map.
i. If, at the time the final map is approved, an alley, path, street, or storm drainage easement is not accepted by the council, the offer of dedication shall remain open and the council may, by resolution at any later date, accept and open the alley, path, street, or storm drainage easement for public use.
ii. The acceptance shall be recorded in the office of the county recorder in accordance with BMC 16.28.050 (Recordation). (Government Code Section 66477.2(a))
b. The city may accept or reject (subject to later acceptance) a dedication lying outside the subdivision boundary which requires a separate grant deed. The subdivider’s irrevocable offer of dedication and the city’s acceptance or rejection shall be recorded in the office of the county recorder.
c. Every easement of record shall be shown on the map, together with the name of the grantee and sufficient recording data to identify the conveyance (e.g., recorder’s serial number and date, or book and page of official records).
d. An easement not disclosed by the records in the office of the county recorder, and found by the surveyor or engineer to be existing, shall be specifically designated on the map, identifying the apparent dominant tenements for which the easement was created.
e. Each easement of record shall be shown by dashed lines on the final map with the widths, lengths, and bearings of record.
10. Open Space Areas.
a. Open space areas, including greenbelts and open space corridors, may be shown, subject to the approval of the city.
b. These areas shall be dedicated as open space easements unless otherwise specified in the approval of the tentative map, and the subdivider shall agree to allow the land to be included within an open space maintenance assessment district if proposed by the city.
11. Acknowledgments, Certificates, and Statements. Each acknowledgment, certificate, and statement required by the Map Act and this title shall appear on the final map and may be combined where appropriate. (Government Code Sections 66435, 66435.1 – 66443, 66445(e) – (i), 66447 – 66450, 66430)
12. Miscellaneous. The map shall also show:
a. The location and width of each drainage channel and utility and railroad right-of-way and easement;
b. The limitation, if any, on the right of access to and from a street; and
c. The location and width of nonaccess strips and reserve strips.
I. Required Plans and Reports. The application for a final map shall be accompanied by the following data, plans, reports, and documents in a form approved by the city engineer and, where applicable, the city attorney:
1. Improvement Plans. Improvement plans as required by BMC 16.12.030 (Improvement plans);
2. Preliminary Soil Report. A preliminary soil report prepared in compliance with BMC 16.24.020(F)(1) (Preliminary Soil Report);
3. Preliminary Engineering Geology Report. A preliminary engineering geology report prepared in compliance with BMC 16.24.020(F)(2) (Preliminary Engineering Geology Report);
4. Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic calculations for all drainage facilities;
5. Title Report. A title report not more than 90 days old, showing the legal owner(s) at the time of filing of the final map (Government Code Section 66430);
6. Traverse Closures. Traverse closures for the boundary blocks, easements, monument lines, parcels, lots, and street centerlines;
7. Utilities. Evidence satisfactory to the city that the utility easements are appropriate;
8. Improvement Agreement.
a. If the required improvements are not completed before the presentation of the final map, the subdivider shall file an agreement in compliance with BMC 16.16.020 (Subdivision improvement agreement);
b. The subdivider shall secure the performance of the agreement in compliance with BMC 16.16.050 (Improvement security);
9. Guarantee of Title.
a. A guarantee of title, in a form acceptable to the city engineer and city attorney, shall be issued by a title company to and for the benefit and protection of the city and shall be continued complete up to the instant of recording of the final map;
b. The guarantee of title shall serve to guarantee that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided and all public easements being offered for dedication, and all acknowledgments thereto, appear on the proper certificates and are correctly shown on the map, both as to consents as to the making thereof and affidavits of dedication where necessary;
10. Tax Certificate and Security.
a. The subdivider shall submit a certificate from the county tax collector stating that all taxes and assessments due have been paid in compliance with Government Code Section 66492; and
b. Provide verification that the subdivider has executed and filed with the clerk of the county board of supervisors security for taxes and assessments in compliance with Government Code Section 66493;
11. Deeds for Easements or Rights-of-Way. A signed grant deed for each required off-site easement or right-of-way which has not been offered for dedication on the final map and written evidence acceptable to the city in the form of right of entry or permanent easement across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the facility;
12. Governing Documents.
a. For a cooperative apartment project, condominium, stock cooperative, or conversion, the proposed declaration of covenants, conditions, and restrictions containing the provisions described in Civil Code Section 1353, and all other governing documents for the subdivision as are appropriate under Civil Code Section 1363; for all other subdivisions, any declaration of covenants, conditions, and restrictions proposed in connection therewith;
b. All governing documents are subject to review and approval by the city engineer and city attorney; and
13. Other Information. Additional data, reports, or information required by the conditions of approval, the city engineer, or the city attorney. (Government Code Section 66434.2)
J. Deferred Obligations.
1. Deferral of Exactions and Dedications. The deferral of exactions and dedications does not apply to fees and assessments for services that are provided to the parcel before termination or cancellation of the contract.
2. Deferred Obligations. The original applicant for the final map remains personally liable for deferred obligations. (Government Code Section 66411.5) (Ord. 25-01 § 1).
16.28.030 Application review.
A. Completeness. The city engineer shall within 30 days after filing the application determine whether the application is complete in compliance with the requirements of this title. (Government Code Sections 65943, 66452)
B. Review of Final Map.
1. The city engineer, in consultation with the director, shall review the final map to determine if it conforms to the approved tentative map conditions, the Map Act, and this title.
2. The subdivider shall make corrections and additions until the map is acceptable to the city engineer.
3. Upon receipt of all required certificates and submittals and the subdivider’s payment of required fees, the city engineer shall, within 20 days, sign the appropriate certificate and present the final map with accompanying documents to the council for its consideration and review for approval. (Government Code Sections 66442, 53077.5) (Ord. 25-01 § 1).
16.28.040 Decision.
A. City Engineer.
1. Authority. Subject to periodic review by the city council in accordance with subsection (A)(6) of this section, the city engineer is authorized to approve or deny a final map in accordance with the procedures of the Map Act and this title in either of the following scenarios (Government Code Section 66458(d)):
a. The final map does not include any offers of dedication; or
b. The final map includes only offers of dedication that are made by statement on the map.
2. Notification and Timeline. Prior to taking action to approve or deny the map, the city engineer shall first notify the council that the final map is under review for final approval. (Government Code Section 66458(d))
a. The notification shall be provided to the council at its next regular meeting after the map is deemed acceptable in accordance with BMC 16.28.030(B) (Review of Final Map).
b. The city clerk shall provide notice of any pending decision by the city engineer by attachment to the city council regular agenda and distribution by first class mail to any interested parties who request notice.
c. The city engineer shall approve or disapprove the final map within 10 days following the meeting of the legislative body at which notice was provided in accordance with this subsection.
3. The city engineer shall approve the map only if it conforms to tentative map conditions of approval, the Map Act, and this title.
4. If the map does not conform to the tentative map conditions of approval, the Map Act, and this title, the city engineer shall deny the map.
5. The city engineer may accept, accept subject to improvement, or reject dedications and irrevocable offers of dedication that are made by statement on the map. (Government Code Section 66458(d))
6. The city engineer may refer any final map to the council for decision.
7. The council shall periodically review the delegation of authority to the city engineer. (Government Code Section 66458(d))
B. Council.
1. Date of Filing.
a. The date the final map is deemed filed with the council is the date of the council meeting at which the council receives the map.
b. The council shall consider approval of the improvement agreement and security, and completeness of the tax certificate before approving the map. (Government Code Sections 66457, 66492)
2. Decision.
a. The council shall approve the map only if it conforms to the tentative map conditions of approval, the Map Act, and this title.
b. If the map does not conform to the tentative map conditions of approval, the Map Act, and this title, the council shall deny the map.
c. The council shall make its decision at the meeting at which it receives the map or at its next regular meeting, unless that time limit is extended by mutual consent of the city and the subdivider. (Government Code Sections 66458, 66463(d), 66473)
3. Offers of Dedication.
a. At the time of its action on the final map, the council shall accept, accept subject to improvement, or reject each irrevocable offer of dedication.
b. A rejected irrevocable offer of dedication remains open to future acceptance in compliance with Government Code Section 66477.2 and Code of Civil Procedure Section 771.010. (Government Code Sections 66463(a), 66477.1, 66477.3)
c. Any termination of an irrevocable offer of dedication shall be processed in compliance with Government Code Section 66477.2 using the same procedures as specified by Streets and Highway Code Part 3 of Division 9.
4. Land Lacking Sufficient Title.
a. The council may not postpone or refuse approval of a final map because the subdivider has failed to meet a tentative map condition requiring construction or installation of off-site improvements on land which neither the subdivider nor the city has sufficient title or interest in to permit the improvements to be made.
b. In this case, the city shall follow the procedures specified in Government Code Section 66462.5 and BMC 16.12.130 (Off-site improvements).
C. Denial.
1. If a map is not approved due to its failure to meet any of the requirements imposed by the Map Act or this chapter, the denial shall be accompanied by findings identifying the requirements which have not been met or performed.
2. 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 review authority, does not materially affect the validity of the map.
D. Map with Incomplete Improvements. If improvements required by this municipal 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 city as specified in Government Code Section 66462 and Chapter 16.16 BMC (Improvement Agreements and Acceptance) as a condition precedent to the approval of the map. (Ord. 25-01 § 1).
16.28.050 Recordation.
A. After action by the review authority, as applicable, to approve the final map, the city clerk shall execute the appropriate certificate on the certificate sheet and shall, subject to the provisions of Government Code Section 66464, transmit the map back to the city engineer.
B. Signatures. Following review of the final map, the city engineer shall cause the map to be circulated for signature by all parties required to execute certificates on the map.
C. The final map shall be recorded in accordance with BMC 16.04.090 (Document recordation).
D. If the county recorder rejects the map for filing under Government Code Section 66466, the city shall rescind its approval of the map. (Government Code Sections 66429, 66464, 66466)
E. A copy of the recorded final map shall be provided to the city. (Ord. 25-01 § 1).
16.28.060 Correction and amendment of recorded maps.
A. A recorded final map (referred to herein as a map) may be amended to correct errors in the recorded map or to change characteristics of the approved subdivision in compliance with Government Code Chapter 3, Article 7 (Government Code Sections 66469 or 66472.1).
B. Application Process. An application to amend or correct a recorded map shall be made in accordance with BMC 16.04.070 (Application filing) and 16.04.080 (Fees) and the following:
1. The amending map or certificate of correction shall be prepared and signed by a licensed land surveyor.
2. The form and contents of an amending map or certificate shall conform to the requirements specified in BMC 16.28.020 (Final map filing).
3. The amending map or certificate of correction shall specify in detail the corrections made and show the names of the fee owners of the real property affected by the correction or omission on the date of the filing or recording of the original recorded map. (Government Code Section 66470)
4. The city engineer shall determine if the changes requested may be approved with a certificate of correction or an amending map.
5. The city engineer may request additional information if needed to affirm compliance with the provisions of this title and the Map Act.
C. By the City Engineer. (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. Errors Defined. For the purposes of this section, “errors” includes 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 city 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. Required Findings. The city engineer shall approve the correction or amendment if the following are 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, is still in compliance with Government Code Section 66474.
D. By the Council.
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 in accordance with Government Code Section 66472.1.
2. Review Process. The city engineer shall review the application for a map amendment. Once the application is complete to the satisfaction of the city engineer and in accordance with this section, the city engineer shall forward the application to the council for approval.
a. The council shall approve the application if all of the required findings specified in subsection (E)(3) of this section (Required Findings) can be made.
3. Required Findings. The council shall approve the application if the following are 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, is still in compliance with Government Code Section 66474.
E. Filing with County Recorder.
1. Filing or Recordation Required. The certified amending map or certificate of correction shall be recorded in the county recorder’s office in which the original map was filed.
2. County Recorder’s Actions. Upon recordation, the county recorder shall index the names of the fee owners of the real property reflected on the original recorded map and the appropriate subdivision designation shown on the amending map or certificate of correction in the general index, and map indexes, respectively.
3. Map Conclusively Corrected. Upon completion of the county recorder’s actions specified in subsection (F)(2) of this section, the original map shall be deemed to have been conclusively corrected. (Government Code Section 66472)
4. A copy of the recorded amending map or certificate of correction shall be provided to the city.
F. 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 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 Chapter 16.16 BMC (Improvement Agreements and Acceptance), the subdivider shall file a new tentative, final, or parcel map in compliance with this title or comply with the requirements of Government Code Section 66499.20.2. (Ord. 25-01 § 1).