Chapter 17.15
MAPS

Sections:

17.15.010    General provisions.

Article I. Final Maps

17.15.020    Preparation of final map – Registered engineer.

17.15.030    Preparation of final map – Size, material and scale.

17.15.040    Subdivision boundary.

17.15.050    Dimensions, bearing and curve data.

17.15.060    Lots and blocks.

17.15.070    Final map details – Title.

17.15.080    Final map details – Coordinate system.

17.15.090    Final map details – Streets.

17.15.100    Final map details – Easements.

17.15.110    Final map details – Building setback line.

17.15.120    Final map details – High water line.

17.15.130    Final map details – Monuments.

17.15.140    Certificates, acknowledgments and description.

17.15.150    Certification by parties holding title.

17.15.160    Dedication certificate.

17.15.170    City clerk certificate.

17.15.180    Engineer’s certificate.

17.15.190    City engineer’s certificate.

17.15.200    Certificate restricting access.

17.15.210    Description of property.

17.15.220    Notation of soil or geological report.

17.15.230    Other affidavits, etc.

17.15.240    Filing of certificates regarding tax lien.

17.15.250    Development liens.

Article II. Parcel Maps

17.15.260    Preparation of parcel maps.

17.15.270    Preparation of parcel maps – Registered engineer.

17.15.280    Parcel map boundary.

17.15.290    Parcel numbers.

17.15.300    Parcel map details.

17.15.310    Parcel map monuments.

17.15.320    Certification by parties holding title.

17.15.330    Certification by engineer preparing parcel map.

17.15.340    Certification by county recorder.

17.15.350    Certification by city engineer.

17.15.360    Notation of soil or geological report.

17.15.010 General provisions.

(a)    Tentative and Final Maps Required. A tentative and final map is required for all subdivisions creating five or more parcels, five or more condominiums as defined in Cal. Civ. Code § 783, a community apartment project containing five or more parcels or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except as follows:

(1)    The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the city; or

(2)    Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway; or

(3)    The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development and which has the approval of the city council as to street alignments and widths; or

(4)    Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter section.

A parcel map shall be required for those subdivisions described in subsections (a)(1) through (a)(4) of this section.

(b)    Parcel Map Required. A parcel map shall be filed and recorded for any subdivision for which a tentative and final map is not required by the Map Act, except for subdivisions created by short-term leases (terminable by either party on not more than 30 days’ notice in writing) of a portion of an operating right-of-way of a railroad corporation defined as such by Cal. Pub. Util. Code § 230, or for conveyance of land solely for right-of-way to or from a government agency, public entity, public utility or subsidiary of a public utility; provided, however, that upon a showing made by the planning manager to the planning commission based upon substantial evidence that public policy necessitates such a map, this exception shall not apply.

The planning manager, as advisory agency for parcel maps, may waive the requirement for a parcel map, including a parcel map required for a subdivision excepted from the requirement of a tentative and final map pursuant to subsections (a)(1) through (a)(4), inclusive, of this section, if he/she makes a finding that the proposed division of land complies with such requirements as may have been established by the Map Act or this title, as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Map Act or this title.

(c)    Tentative Maps for Parcel Maps. Whenever a parcel map is required by this title, a tentative parcel map shall first be filed with the planning manager, unless a finding is made by the planning manager that such tentative parcel map is not necessary based on the facts and circumstances of the particular property. If the tentative parcel map is waived, a parcel map shall still be required. Said parcel map shall meet all the requirements for tentative parcel maps provided by the Map Act and this title.

(d)    Vesting Tentative Maps. Whenever a tentative map or tentative parcel map for residential development is required by this title, a vesting tentative map may be filed instead. If a subdivider does not seek vesting tentative map rights, a vesting tentative map filing shall not be a prerequisite to approval for any proposed subdivision. A vesting tentative map shall conform to the same general provisions as required for tentative maps and tentative parcel maps.

(e)    Environmental Reports. No tentative map, tentative parcel map or parcel map shall be approved until an environmental impact analysis is prepared, processed and considered in accordance with the provisions of the California Environmental Quality Act and the requirements of evaluation of environmental impact on projects as adopted by the city council. The subdivider shall provide such additional data and information, and deposit and pay such fees as may be required for the preparation and processing of environmental review documents.

For the purposes of Cal. Gov’t Code § 66452.1, a tentative map, tentative parcel map or parcel map shall not be deemed to have been filed until one of the following has been satisfied:

(1)    Negative Declaration. When a negative declaration will be prepared for the tentative map, tentative parcel map or parcel map, the map shall be deemed filed when the application requesting its approval is accepted as complete under Section 17.20.040.

(2)    Environmental Impact Report. When an environmental impact report will be prepared for the tentative map, tentative parcel map or parcel map, the map will be deemed filed when the report is certified as complete.

(f)    Grading and Erosion Control. Every map approved pursuant to this title shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off-site property, as set forth in Chapter 18.205.

A preliminary grading plan shall be filed with the planning manager at the time of filing of the tentative map, if the proposed grading requires planning commission review as set forth in the grading ordinance.

(g)    Geology. Whenever a subdivision is proposed which is totally or partially within a geological special studies zone, as defined by the California state geologist, the subdivider or developer shall comply with the law of the state of California (Alquist-Priolo Special Studies Zones Act) relating to said zone. No subdivision shall be approved until the actions required by said law are complied with and the mitigating measures which are recommended by a registered geologist are included within the design of said development.

(h)    Soil Reports.

(1)    A preliminary soils report, prepared by a civil engineer registered in this state and based upon adequate test borings, shall be submitted for every subdivision requiring a final map at the time of filing of a tentative map.

(2)    A preliminary soils report may be waived by the chief building official if he/she finds that due to the knowledge the city has as to the qualities of the soils in the subdivision no preliminary analysis is necessary.

(3)    If the city has knowledge of, or the preliminary soils report indicates, the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the chief building official. Such soils investigation shall be done by a civil engineer registered in this state, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problems exist.

The advisory agency may approve the subdivision or portion thereof where such soil problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed and a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure.

(i)    Required Consent of Owners. No final map or parcel map required by this title which creates a subdivision shall be filed with the city without the written consent of all parties having any record title interest in the real property proposed to be subdivided, except as otherwise provided in this title.

(j)    Mobile Home Park Conversions. At the time of filing a tentative map, tentative parcel map or parcel map for a subdivision to be created from the conversion of a mobile home park to another use, the subdivider shall also file a report on the impact of the conversion upon the displaced residents of the mobile home park to be converted. In determining the impact of the conversion on displaced mobile home park residents, the report shall address the availability of adequate replacement space in mobile home parks.

The subdivider shall make a copy of the report available to each resident of the mobile home park at least 15 days prior to the hearing on the map by the advisory agency.

The advisory agency shall be required to: (1) take steps to mitigate any significant adverse impact of the conversion on the ability of displaced mobile home park residents to find adequate space in a mobile home park by zoning for additional replacement housing; (2) find that there already exists land zoned for replacement housing or adequate space in other mobile home parks for those residents who will be displaced; (3) require the subdivider to take steps to mitigate any significant adverse impact of the conversion on the ability of displaced mobile home park residents to find adequate space in a mobile home park; or (4) make a finding, based upon substantial evidence, that mitigation pursuant to subsections (j)(1) and (j)(3) of this section is not feasible. Such finding shall be reviewable pursuant to Cal. Civ. Proc. Code § 1094.5. As used herein, “feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (Ord. 1050 § 1, 6-10-75; Ord. 1231 § 4, 2-21-78; Ord. 1569 § 2, 9-13-83; Ord. 1659 § 2, 5-7-85; Ord. 1707 §§ 4, 5, 1-14-86; amended during 2012 reformat. 1990 Code § 8-1300.)

Article I. Final Maps

17.15.020 Preparation of final map – Registered engineer.

The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor and shall be based upon a survey. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1301.)

17.15.030 Preparation of final map – Size, material and scale.

The final map shall be clearly and legibly drawn in black waterproof India ink upon good tracing cloth or polyester base film, but affidavits, certificates, and acknowledgments may be legibly stamped or printed upon the map with opaque ink. Signatures shall be in opaque black ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. The dimensions of each sheet of the map 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. The minimum scale of the map shall normally be one inch equals not more than 50 feet to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets and the relation of each adjoining sheet shall be clearly shown by a small key map on each sheet. Each sheet of the map proper shall show the date of the survey, north point, and written and graphic scale. The map shall be so made and shall be in such condition when filed that good legible prints and negatives can be made therefrom. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1302.)

17.15.040 Subdivision boundary.

An accurate and complete boundary survey shall be made of the land to be subdivided. A traverse of the exterior boundaries of the tract, and of each block, when computed from field measurements on the ground, must close within a limit of one to 10,000 feet of perimeter. The boundary of the subdivision shall be indicated on the final map by a dash dot line approximately one-sixteenth of an inch wide. All lines shown on the map which do not constitute a part of the subdivision and any area enclosed by such lines shall be labeled “not a part of this subdivision.” All such lines shall be dashed. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1303.)

17.15.050 Dimensions, bearing and curve data.

The final map shall show all survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing thereon, including bearings and distances 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 the subdivision boundaries. (Ord. 1050 § 1, 6-10-75; Ord. 1659 § 2, 5-7-85. 1990 Code § 8-1304.)

17.15.060 Lots and blocks.

All lots and blocks and all parcels offered for dedication for any purpose shall be particularly delineated and designated with all dimensions, boundaries, and courses clearly shown and defined in every case. Parcels offered for dedication other than for streets or easements shall be designated by number or letter. Sufficient linear, angular and curve data shall be shown to determine readily the bearing and length of the boundary lines of every block, lot and parcel which is a part thereof. All lots, and, wherever practicable, blocks, in their entirety shall be shown on one sheet. No ditto marks shall be used for lot dimensions. Lot numbers shall begin with the numeral “1” and continue consecutively throughout the tract, with no omissions or duplications. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1305.)

17.15.070 Final map details – Title.

The title of each sheet of the final map shall consist of the unit number of the tract, conspicuously placed on the sheet, followed by the words “City of Fremont,” and followed by the tract number as secured from the county recorder of the county. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1306.)

17.15.080 Final map details – Coordinate system.

Wherever the city engineer has established a system of coordinates, the survey shall be tied into such system. The adjoining corners of all adjoining subdivisions shall be identified by lot and block numbers, subdivision tract number and recording information, or other proper designation. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1307.)

17.15.090 Final map details – Streets.

The map shall show the right-of-way lines of each street and the width of any portion being dedicated, and widths of any existing dedications. The widths and locations of adjacent streets and other public properties within 50 feet of the subdivision shall be shown. If any street in the subdivision is a continuation or approximately a continuation of an existing street, the conformity or the amount of nonconformity of such street to such existing street shall be accurately shown. Whenever the center line of a street has been established and recorded, the recording information shall be shown on the final map. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1308.)

17.15.100 Final map details – Easements.

The side lines of all easements shall be shown by fine broken lines. If any easement already of record cannot be definitely located, a statement of the existence, the nature thereof, and its recorded reference must appear on the map. Distances and bearings on the side lines of lots which are cut by an easement must be arrowed or so shown that the map will indicate clearly the actual lengths of the lot lines. The widths of all easements and sufficient ties thereto to definitely locate the same with respect to the subdivision must be shown. All easements must be clearly labeled and identified. If an easement shown on the map is already of record, its recorded reference shall be given. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1309.)

17.15.110 Final map details – Building setback line.

The map shall indicate the approved building setback lines on all streets by long, thin, dash lines or by appropriate notations. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1310.)

17.15.120 Final map details – High water line.

The map shall indicate the line of high water in case the subdivision is adjacent to a stream, channel, or any body of water and shall also show any area subject to inundation by a fine continuous line. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1311.)

17.15.130 Final map details – Monuments.

(a)    At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Cal. Bus. & Prof. Code § 8771 so that another engineer or surveyor may readily retrace the survey.

All monuments necessary to establish the exterior boundaries of the subdivision shall be set prior to recordation of the final map.

(b)    When interior monuments as required by this section are not set prior to the recording of the final map, the engineer or surveyor shall certify on the map the specific date said monuments will be established, and the subdivider shall deposit with the city a security in an amount sufficient to cover the costs of setting such monuments.

(c)    Within five days after the final setting of all monuments has been completed by the engineer or surveyor, he/she shall give written notice to the subdivider and to the city engineer that the final monuments have been set. Upon payment to the engineer or surveyor for setting the final monuments, the subdivider shall present to the council evidence of such payment and receipt thereof by the engineer or surveyor. In the case of a cash deposit, the council may authorize payment to the engineer or surveyor for the setting of the final monuments from said cash deposit, if so requested by the subdivider.

If the subdivider does not present evidence to the council that he/she has paid the engineer or surveyor for the setting of the final monuments, and if the engineer or surveyor notifies the council that he/she has not been paid by the subdivider for the setting of the final monuments, the council, within three months from the date of said notification, may authorize payment to the engineer or surveyor from any deposit the amount due.

In the event of the death, disability or retirement from practice of the engineer or surveyor charged with the responsibility for setting monuments, or in the event of his/her refusal to set such monuments, the council may direct the city engineer, or such engineer or surveyor as it may select, to set such monuments. When the monuments are so set, the substitute engineer or surveyor shall amend any map filed pursuant to this title in accordance with the provisions of the Map Act. All provisions of this section relating to payment shall apply to the services performed by the substituted engineer or surveyor.

(d)    The map shall show fully and clearly what stakes, monuments or other evidence to determine the boundaries of the subdivision was found on the ground and each adjacent corner of each adjoining subdivision or portion thereof, by lot and block numbers, tract name or number, and place of record, or by section, township and range, or other proper designation. The following required monuments shall be shown on the final map:

(1)    The location of all monuments placed in making the survey, and if any points were reset by ties, that fact shall be stated.

(2)    Concrete monuments depressed below street grade with cast iron ring and cover of a type approved by the city engineer shall be set at intersections of street center line tangents or offsets therefrom. The exact location of all such monuments shall be shown on the final map before approval is requested.

(e)    Any monument or bench mark, as required by this title, that is disturbed or destroyed before acceptance of all improvements shall be replaced by the subdivider. (Ord. 1050 § 1, 6-10-75; Ord. 1659 § 2, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1312.)

17.15.140 Certificates, acknowledgments and description.

The title sheet of the map, below the title, shall show the name of the engineer or surveyor, together with the date of the survey, the scale of the map and the number of sheets. The certificates, acknowledgments and descriptions required by Sections 17.15.150 through 17.15.240, inclusive, shall appear on the title sheet of the final maps. Such certificates may be combined where appropriate. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1313.)

17.15.150 Certification by parties holding title.

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, is required, except as follows:

(a)    Neither a lien for state, county or municipal taxes, nor for special assessments, nor a trust interest under bond indentures, nor a mechanic’s lien constitute a record title interest in land for the purpose of the Map Act or this title.

(b)    Real property originally patented by the United States or by the state of California, which original patent reserved interest to either or both of such entities, may be included in the final map without the consent of the United States or the state of California thereto, or to dedications made thereon.

(c)    The signature of either the holder of beneficial interests under trust deeds or the trustee under such trust deeds, but not both, may be omitted. The signature of either shall constitute a full and complete subordination of the lien of the deed of trust to the map and any interest created by the map.

(d)    Signatures of parties owning the following types of interests may be omitted if their names and the nature of their respective interests are stated on the final map:

(1)    Rights-of-way, easements or other interests which cannot ripen into a fee, except those owned by a public entity, public utility, or subsidiary of a public utility. If, however, the planning commission determines that division and development of the property in the manner set forth on the approved or conditionally approved tentative map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement, the signature of such public entity or public utility may be omitted. Where such determination is made, the subdivider shall send, by certified mail, a sketch of the proposed final map, together with a copy of this section, to any public entity or public utility which has previously acquired a right-of-way easement.

If the public entity or utility objects to either: (A) recording the final map without its signature; or (B) the determination of the planning commission that the division and development of the property will not unreasonably interfere with the full and complete exercise of its right-of-way or easement, it shall so notify the subdivider and the planning commission within 30 days after receipt of the materials from the subdivider.

If the public entity or utility objects to recording the final map without its signature, the public entity or utility so objecting may fix its signature to the final map within 30 days of filing its objection with the planning commission.

If the public entity or utility either: (A) does not file an objection with the planning commission; or (B) fails to affix its signature within 30 days of filing its objection to recording the map without its signature, the city may record the final map without such signature. If the public entity or utility files an objection to the determination of the planning commission that the division and development of the property will not unreasonably interfere with the exercise of its right-of-way or easement, the planning commission shall set the matter for public hearing to be held not less than 10 nor more than 30 days of receipt of the objection. At such hearing, the public entity or public utility shall present evidence in support of its position that the division and development of the property will unreasonably interfere with the free and complete exercise of the objector’s right-of-way or easement.

If the planning commission finds, following such hearing, that the development and division will in fact unreasonably interfere with the free and complete exercise of the objector’s right-of-way or easement, it shall set forth those conditions whereby such unreasonable interference will be eliminated and upon compliance with such conditions by the subdivider, the final map may be recorded with or without the signature of the objector. If the planning commission finds that the development and division will in fact not unreasonably interfere with the free and complete exercise of the objector’s right-of-way or easement, the final map may be recorded without the signature of the objector, notwithstanding its objections thereto.

Failure of the public entity or public utility to file an objection pursuant to this section shall in no way affect its rights under a right-of-way or easement.

(2)    Rights-of-way, easements or reversions, which by reason of changed conditions, long disuse or laches appear to be no longer of practical use or value and signatures are impossible or impractical to obtain. A statement of the circumstances preventing the procurement of the signatures shall also be stated on the map.

(3)    Interests in or rights to minerals, including but not limited to oil, gas or other hydrocarbon substances. (Ord. 1050 § 1, 6-10-75; Ord. 1231 § 5, 2-21-78; Ord. 1569 § 3, 9-13-83. 1990 Code § 8-1314.)

17.15.160 Dedication certificate.

Dedications of or offers to dedicate interests in real property for specified public purposes shall be made by a certificate on the final map, signed and acknowledged by those parties having any record title interest in the real property being subdivided, subject to the provisions of Section 17.15.150.

In the event any street shown on a subdivision map is not offered for dedication, the certificate may contain a statement to this effect. If such statement appears on the map, and if the map is approved by the council, the use of any such street or streets by the public shall be permissive only.

An offer of dedication of real property for street or public utility easement purposes shall be deemed not to include any public utility facilities located on or under such real property unless and only to the extent and intent to dedicate such facilities is expressly stated in the certificate. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1315.)

17.15.170 City clerk certificate.

The final map shall contain a certificate for execution by the city clerk stating that the council approved the map and accepted, accepted subject to improvement, or rejected, on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1316.)

17.15.180 Engineer’s certificate.

A certificate by the engineer or surveyor responsible for the survey and final map is required. His/her certificate shall give the date of the survey, state that the survey and final map were made by him/her or under his/her direction, and that the survey is true and complete as shown.

The certificate shall also state that all the monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before a specified later date. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat. 1990 Code § 8-1317.)

17.15.190 City engineer’s certificate.

A certificate by the city engineer is required on every final map. The certificate shall state that the city engineer has examined the map and that the final map is substantially the same as the tentative map and approved alterations thereof, and that all provisions of this title and of any local ordinances applicable at the time of approval of the tentative map have been complied with, and that the map is technically correct. The city engineer shall complete and file his/her certificate with the city council within 20 days from the time the final map is submitted to him/her by the subdivider for approval. (Ord. 1050 § 1, 6-10-75; Ord. 1659 § 2, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1318.)

17.15.200 Certificate restricting access.

A certificate shall be provided prohibiting pedestrian and vehicular access over the side lines of a major highway, parkway, street, or freeway, when and if the same is required, and shall make reference to the symbol used to designate such prohibition of access. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1319.)

17.15.210 Description of property.

A description shall be provided of all the property being subdivided by reference to maps or deeds of the property shown thereon as shall have been previously recorded or filed. Each reference in such description to any tract or subdivision shall be spelled out and worded identically with the original record thereof and shall show a complete reference to the book and page of official records of the county. The description shall also include reference to any vacated area with the number of the ordinance of vacation thereof. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1320.)

17.15.220 Notation of soil or geological report.

When a soil report 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 of the engineer making the report and each report shall be kept on file for public inspection. All other requirements relating to soil reports and soil investigations shall be complied with pursuant to the provisions of state law and local law, including the California Building Code as locally amended.

If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required.

Such soils investigation shall be done by a civil engineer registered in this state, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problem exists.

The planning commission may approve the subdivision or portion thereof in which such soils problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed, and as a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure. (Ord. 1050 § 1, 6-10-75; Ord. 1569 § 4, 9-13-83; Ord. 5-2008 § 1, 4-1-08. 1990 Code § 8-1321.)

17.15.230 Other affidavits, etc.

The title sheet shall contain such other affidavits, certificates, acknowledgments, endorsements, and notarial seals as are required by law and by this title. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1322.)

17.15.240 Filing of certificates regarding tax lien.

Prior to the filing of the final map with the council, the subdivider shall file the certificates and documents set forth in the Map Act, or any amendments thereto, relating to taxes and assessments. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1323.)

17.15.250 Development liens.

In the event that an owner’s development lien has been created pursuant to the provisions of Cal. Educ. Code §§ 39327 et seq. on the real property or portion thereof subject to the final map, a notice shall be placed on the face of the final map specifically referencing the book and page in the county recorder’s office in which the resolution creating the owner’s development lien was recorded. The notice shall state that the property subdivided is subject to an owner’s development lien and that each parcel created by the recordation of the final map shall be subject to a prorated amount of the owner’s development lien on a per acre or portion thereof basis. (Ord. 1659 § 2, 5-7-85. 1990 Code § 8-1323.1.)

Article II. Parcel Maps

17.15.260 Preparation of parcel maps.

The preparation of a parcel map shall conform to the same requirements as prescribed for final maps pursuant to Sections 17.15.030, 17.15.050 and 17.15.060. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1324.)

17.15.270 Preparation of parcel maps – Registered engineer.

The parcel map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, and shall be based upon a field survey made in conformity with the Land Surveyors Act. The map may be compiled from recorded or filed data when said data is approved by the city engineer indicating that sufficient survey information exists on filed maps to locate and retrace the exterior boundary lines of the parcel map, and if the location of at least one of these boundary lines can be established from an existing monumented line. The recording information for such data shall be shown on the parcel map.

A registered engineer or licensed land surveyor intending to file a parcel map compiled from recorded or filed data shall submit two sets of such data to the city engineer for his/her review at the time of filing the parcel map. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat. 1990 Code § 8-1325.)

17.15.280 Parcel map boundary.

An accurate and complete boundary shall be made of the land to be included on the parcel map. The boundary of the parcel map shall be indicated by a one-half-inch dash and three dot line approximately one-sixteenth of an inch wide. 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 indicated, but need not be indicated as a matter of survey but only by deed reference to the existing record boundaries of such remainder if such remainder has a gross area of five acres or more. (Ord. 1050 § 1, 6-10-75; Ord. 1231 § 6, 2-21-78; Ord. 1659 § 2, 5-7-85. 1990 Code § 8-1326.)

17.15.290 Parcel numbers.

Each parcel created and enclosed within the parcel map boundary shall be numbered beginning with the numeral “1” and continue consecutively throughout the map, with no omissions or duplications. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1327.)

17.15.300 Parcel map details.

(a)    The title of each sheet of the parcel map shall consist of the parcel number of the map followed by the words “City of Fremont.”

(b)    All streets, easements and parcels shall be clearly defined and dimensions for all sides and widths indicated.

(c)    Where access rights are required to be dedicated, a certificate prohibiting access over the sidelines of the thoroughfare shall be placed on the map.

(d)    Private streets, when permitted, shall be shown and any conditions as to use, installation and/or other restrictions shall be indicated. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1328.)

17.15.310 Parcel map monuments.

The map shall show fully and clearly all monuments as required by the city engineer. The monuments required include but are not limited to street, alley, and way center lines at the intersections with other streets, alleys, and ways and at the map boundary line. Street center line monuments shall also be located at the beginning and end of curves or at the point of intersection of tangents thereof.

The subdivider shall as a condition of approval of the parcel map provide such security necessary to assure the installation of all required monuments in conjunction with the installation of street improvements. When street improvements are not a condition of approval of the parcel map, all required monuments shall be installed within 90 days after the recordation of the parcel map. The street center line monument and installation shall be as required for final maps. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1329.)

17.15.320 Certification by parties holding title.

A certificate, signed and acknowledged by all parties having any record title interest in the real property being subdivided, consenting to the preparation and recordation of the parcel map is required except:

(a)    In cases in which it would not be required for a final map pursuant to Section 17.15.150; and

(b)    With respect to a division of land into four or fewer parcels, where dedications or offers of dedication are not required, in which case the certificate shall be signed and acknowledged by the subdivider only.

If the subdivider does not have a record title ownership interest in the property to be divided, the subdivider shall provide the city with satisfactory evidence that the persons with record title ownership have consented to the proposed subdivision.

The city engineer shall have the same responsibility with respect to parcel maps that the city council has with respect to final maps pursuant to Section 17.15.150(d)(1). (Ord. 1050 § 1, 6-10-75; Ord. 1231 § 7, 2-21-78; Ord. 1569 § 5, 9-13-83. 1990 Code § 8-1330.)

17.15.330 Certification by engineer preparing parcel map.

The following certificate shall appear on the parcel map:

Engineer’s (Surveyor’s) Certificate

This map was prepared by me or under my direction (and was compiled from record data) (and is based upon a field survey) in conformance with the requirements of the Subdivision Map Act at the request of (name of person authorizing map) on (date). I hereby state that the parcel map procedures of the local agency have been complied with and that this parcel map conforms to the approved tentative map and the conditions of approval thereof which were required to be fulfilled prior to the filing of the parcel map. I hereby certify that the monuments indicated hereon are of the character and occupy the positions indicated or will be set in such positions on or before (date), and that said monuments will be sufficient to enable the survey to be retraced.

Signed ______________

R.C.E. (or L.S.) No. ____

(Ord. 1050 § 1, 6-10-75; Ord. 1231 § 7, 2-21-78; Ord. 1569 § 6, 9-13-83. 1990 Code § 8-1331.)

17.15.340 Certification by county recorder.

The following certificate shall appear on the parcel map:

Recorder’s Certificate

Filed this ________ day of ________, 20________, at ________m. in Book ________ of ________ at page ________, at the request of ________.

Signed _______________
County Recorder

(Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1332.)

17.15.350 Certification by city engineer.

(a)    The following certificate shall appear on the parcel map. The city engineer shall, within 20 days after receipt of the map, examine it for the survey information shown thereon, and if it is found to be technically correct, sign the certificate.

City Engineer’s Certificate

This map conforms with the requirements of the Subdivision Map Act and local ordinance.

Dated: _____ Signed ___________
City Engineer

(b)    If dedications to the public are being made on the parcel map, the city engineer’s certificate shall include the following wording:

I, ________, city engineer of the City of Fremont, County of Alameda, State of California, do hereby certify that the herein embodied map entitled “Parcel Map ________, City of Fremont, Alameda County, California,” consisting of ________ sheets, this certificate being upon sheet one thereof, was presented to me, as provided by local ordinance this ________ day of ________, 20________, and I approve said map and accept on behalf of the public all parcels of land as offered for dedication for public use in conformity with the terms of the offer of dedication.

(Ord. 1050 § 1, 6-10-75; Ord. 1569 § 7, 9-13-83; Ord. 1959 § 2, 5-7-85. 1990 Code § 8-1333.)

17.15.360 Notation of soil or geological report.

When a soil report or geological report has been prepared, the parcel map shall contain a notation to that effect, indicating the date of the report and the name of the engineer making the report. Each report shall be kept on file for public inspection by the city of Fremont. (Ord. 1050 § 1, 6-10-75; Ord. 1569 § 8, 9-13-83. 1990 Code § 8-1334.)