Chapter 16.08


16.08.010    Purpose.

16.08.020    Preparation.

16.08.030    Phasing.

16.08.040    Survey required.

16.08.050    Form.

16.08.060    Contents.

16.08.070    Submittal for city approval.

16.08.080    Review by city engineer and planning manager.

16.08.090    Approval by city engineer.

16.08.100    Improvements.

16.08.110    Action by city council.

16.08.120    Waiver of inadvertent error.

16.08.130    Recordation.

16.08.140    Fees.

16.08.150    Amendment of map.

16.08.010 Purpose.

The purpose of this chapter is to set forth the practices and procedures regarding the preparation and approval of final subdivision maps. (Ord. 05-002 § 1 (part), 2005)

16.08.020 Preparation.

The final map shall be prepared by or under the direction of a registered engineer, duly licensed to practice land surveying, or a licensed land surveyor; shall be based upon a field survey; and shall conform to the provisions of Government Code Section 66434. (Ord. 05-002 § 1 (part), 2005)

16.08.030 Phasing.

Phasing of multiple final maps shall be in accordance with the provisions of this section.

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

1.    The subdivider, at the time the tentative map is filed, notifies the planning division in writing of the subdivider’s intention to file multiple final maps on the tentative map; or

2.    After filing of the tentative map, the planning commission and the subdivider concur in the filing of multiple final maps.

B.    Requirements. In submitting such a request, the subdivider shall be required to define the number or configuration of the proposed multiple maps.

C.    Tentative Map. The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of such tentative map, including the expiration date.

D.    Conditions. The right of the subdivider to file multiple final maps shall not limit the authority of the city to impose reasonable conditions relating to the filing of multiple final maps. (Ord. 05-002 § 1 (part), 2005)

16.08.040 Survey required.

Required surveys shall be in accordance with the provisions of this section.

A.    Survey Accuracy. An accurate and complete survey of the land to be subdivided shall be made by a registered engineer or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys, and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the final map shall not exceed 1/10,000 for field closure and 1/20,000 for calculated closures.

B.    Boundary Monuments. 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 Section 8771 of the Business and Professions Code so that another engineer or surveyor may readily retrace the survey. At least one exterior boundary line shall be monumented prior to recording the final map. Other monuments shall be set as required by the city engineer. (Ord. 05-002 § 1 (part), 2005)

16.08.050 Form.

The form of the final map shall comply with the Subdivision Map Act and shall be as approved by the city engineer. (Ord. 05-002 § 1 (part), 2005)

16.08.060 Contents.

A.    Title. The title sheet of each final map shall contain a title consisting of the tract number and name of the subdivision, followed by the words “City of San Pablo,” and a subtitle consisting of a description of all property being subdivided.

B.    Property Description. The property description shall be by reference to such map or maps of the property as shall have been previously recorded or filed in the office of the Contra Costa County Recorder under authority of Division 3 (commencing at Section 66499.50) of Title 7 of the Government Code, or by reference to the plat of any United States survey.

C.    Certificates and Statements. The following certificates or statements shall appear on the title sheet:

1.    The statement of consent as set forth in Government Code Section 66430, provided, however, that the exceptions in Section 66436 of the Government Code shall apply;

2.    A statement, signed and acknowledged by any trustees of record at the time of city council approval of the final map, consenting to the recording of the map and any offers of dedications;

3.    A statement offering dedications of interest in real property for any public use pursuant to Government Code Section 66439(a);

4.    A statement by the engineer or surveyor responsible for the survey and final map that is consistent with the provisions of Government Code Section 66441;

5.    A statement as to the existence, date, and author of any soils report and/or geologic report pertaining to the proposed subdivision;

6.    A certificate by the city engineer consistent with Government Code Section 66442;

7.    A certificate for execution by the city clerk in accordance with Government Code Section 66440;

8.    A certificate to be executed by the county recorder pursuant to Government Code Section 66492; and

9.    A certificate to be executed by the county recorder in accordance with Government Code Section 66466(c).

D.    Index Map. If more than one sheet is used in preparing the final map, there shall be included, either on the title sheet or the first map sheet, an index map showing the general plan of the subdivision, street names, lot numbers, and the portions of the subdivision included on each map sheet.

E.    Boundary Monuments. Each final map shall show boundary monuments, as required by Government Code Section 66495.

F.    Bearings and Distances. The bearing and length of each lot line, block line, and boundary line shall be shown on the final map. Each required bearing and distance shall be shown in full and no ditto mark or other designation of repetition shall be used.

G.    Basis of Bearings. The basis of bearings shall appear on the title sheet or one map sheet. Reference shall be made to some filed final map, parcel map, record of survey map, city engineer’s map, or other record acceptable to the city engineer. Such basis of bearings shall be derived from at least two found monuments of record.

H.    Lot Areas. For lots containing one acre or more, final maps shall show net acreage to at least the nearest one-hundredth of an acre.

I.    Lot Numbers. Lots shall be numbered consecutively, commencing with the number “1,” except as otherwise approved by the city engineer, with no omissions or duplications. Each numbered lot shall be shown to scale entirely on one sheet.

J.    Curve Data. The following curve data shall be shown on the final map:

1.    Terminal Radii. The arc length, chord length and bearing, radius and total central angle and bearings of terminal radii of each curve;

2.    Bearing. The bearing of each radial line to each lot corner on each curve; and

3.    Central Angle. The central angle of each segment within each lot.

K.    Dedications and Offers to Dedicate. Dedications shall be made in accordance with Government Code Section 66439 and shall be shown on the final map.

L.    Limited Access Designation. When the vehicular access rights from any lot to appropriately designated roads are or will be restricted by a subdivision, such rights, if not already a matter of record, shall be offered for dedication to the city by an appropriate statement on the title sheet of the final map. A note that clearly defines the extent and nature of the restriction shall be lettered on the final map for any subdivision adjacent to the lots affected.

M.    City or County Boundary Lines. Any city or county boundary line adjoining the subdivision shall be clearly designated and tied in upon the final map.

N.    Easements. All easements 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.

1.    Easements not disclosed by the records in the office of the county recorder and found by the surveyor or engineering to be existing, shall be specifically designated on the map, identifying the apparent dominant tenements for which the easement was created.

2.    The sidelines of all easements of record shall be shown by dashed lines on the final map with the widths, lengths, and bearings of record. The width and location of all easements shall be approved by the city engineer.

3.    All existing easements that are to remain shall be resolved unless the surveyor makes findings pursuant to the State Subdivision Map Act.

O.    Additional Information. The city engineer may require additional information, in the form of a separate document or an additional map sheet, to be filed or recorded simultaneously with the final map in accordance with Section 66434.2 of the Government Code. (Ord. 05-002 § 1 (part), 2005)

16.08.070 Submittal for city approval.

Prior to the expiration of the tentative map, the subdivider shall submit three prints of the final map to the city engineer for checking. The preliminary prints shall be accompanied by the following data, reports, and documents in a form as approved by the city engineer and, where applicable, the city attorney:

A.    Improvement Plans and Specifications. Three complete sets of improvement plans, specifications, and engineer’s cost estimates of improvements;

B.    Soils Report. A soils report prepared pursuant to Government Code Sections 66490 and 66491;

C.    Statement Regarding Hazardous Waste. A signed statement indicating whether the subdivision is located on a site which is included on any of the local lists prepared by the California Integrated Waste Management Board of all solid waste facilities from which there is a known migration of hazardous waste, pursuant to Government Code Section 95962.5;

D.    Hydrology and Hydraulic Calculations. Storm drain calculations (e.g., hydrology, sub-area map, pipe line, hydraulic design, ponding basin, pump system, etc., if applicable);

E.    Utility Requirements. Evidence that all requirements of the sanitary district, water district, fire protection district, and other affected agencies and utilities have been met;

F.    Guarantee of Title. A subdivision guarantee of title, in a form acceptable to the city engineer and city attorney, issued by a competent title company to and for the benefit and protection of the city. This guarantee of title shall be continued complete up to the instant of filing the final map with the county recorder, guaranteeing that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided, all public easements being offered for dedication, and all acknowledgements thereto appear on the proper statements and are correctly shown on the map, both as to contents as to the making thereof and affidavits of dedication where necessary;

G.    Improvement Agreement. In the event sewer, water, drainage, grading, paving, or other improvements required by this title have not been completed prior to the presentation of the final map, an agreement in accordance with the provisions of Section 16.22.070 shall be filed for the improvements. The subdivider shall secure the performance of this agreement in accordance with the provisions of Section 16.22.080;

H.    Traverse Closures. Traverse closures for the boundary, blocks, lots, road centerlines, easements and offset lines;

I.    References. Copies of the deeds, easements, and unfiled surveys referenced on the final map;

J.    Deeds for Easements or Rights-of-Way. Deeds for off-site easements or rights-of-way required for road or drainage purposes that have not been dedicated on the final map. Written evidence shall be acceptable to the city in the form of rights of entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance for the facility;

K.    Other Information. Other information as may be required by the tentative map and/or the city engineer. (Ord. 05-002 § 1 (part), 2005)

16.08.080 Review by city engineer and planning manager.

The city engineer and planning manager shall review the final map and any other required information, and the subdivider shall make corrections and/or additions until the following determinations are made by the city engineer and planning manager:

A.    Comparison with Tentative Map. The subdivision as shown is substantially the same as it appeared on the approved tentative map, and any approved alterations thereto;

B.    Compliance with Laws. All provisions of law and of this title applicable at the time of approval of the tentative map have been complied with;

C.    Correctness. The map is technically correct. (Ord. 05-002 § 1 (part), 2005)

16.08.090 Approval by city engineer.

The subdivider shall submit to the city engineer the original tracing of the map and any duplicates per city requirements, corrected to its final form and signed by all parties required to execute the statements on the map. Original signatures shall appear on the original drawing. Upon receipt of all required certificates and submittals, the city engineer shall sign the appropriate statements and transmit the original map to the city clerk. (Ord. 05-002 § 1 (part), 2005)

16.08.100 Improvements.

Prior to approval of the final map by the city council, the subdivider shall enter into an improvement agreement with the city in accordance with Section 66462 of the Government Code. The subdivider shall file, with the improvement agreement required in Section 16.08.070, security for the faithful performance of the agreement in accordance with Title 7, Division 2, Chapter 5 of the Government Code, commencing at Section 66499. (Ord. 05-002 § 1 (part), 2005)

16.08.110 Action by city council.

A.    General. At the meeting at which it receives the map, or at its next regular meeting following receipt, the city council shall approve the final map subsequent to approval of the improvement agreement if it conforms to all the requirements of this chapter applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder. If the map does not conform, the city council shall disapprove the map.

B.    Off-Site Improvements. Prior to approval of the final map the city may require the subdivider to enter into an agreement to complete the improvements. In this case, the city shall take action pursuant to Government Code Section 66462.5.

C.    Approval by Inaction. If the city council does not approve or disapprove the final map within the prescribed time, or any authorized extension thereof, and the map conforms to all requirements and rulings, it shall be deemed approved, and the city clerk shall certify or state its approval thereon. The meeting at which the city council receives the final map shall be the date on which the city clerk receives the final map. (Ord. 05-002 § 1 (part), 2005)

16.08.120 Waiver of inadvertent error.

When, in the opinion of the review authority, a defect or error of a technical or inadvertent nature has caused a final map to fail to meet or perform any of the conditions of this article, the review authority may waive such defect or error and process the final map as though none had occurred, provided that such defect or error is noted on or attached to the final map. (Ord. 05-002 § 1 (part), 2005)

16.08.130 Recordation.

Upon approval by the city council of the final subdivision map, and receipt of the necessary recording fee, the city clerk shall transmit the map to the county recorder. (Ord. 05-002 § 1 (part), 2005)

16.08.140 Fees.

The subdivider shall pay all county recording and filing fees. The subdivider shall also pay an improvement plan checking fee, a final map checking fee, and other applicable fees as required by city resolutions as well as city ordinances. (Ord. 05-002 § 1 (part), 2005)

16.08.150 Amendment of map.

A.    General. A final map may be amended pursuant to Government Code Section 66469.

B.    Changes in Circumstances. In addition to an amendment pursuant to subsection A of this section, if a change in condition affecting the proposed subdivision occurs which renders a condition of approval of the tentative map unreasonable or arbitrary, the review authority may, upon written application of the subdivider or owner, eliminate or amend such condition pursuant to Government Code Section 66472.1. This section shall be applicable only to conditions of approval, not to amendments to the face of the tentative map itself.

1.    Applications for amendment shall set forth the facts showing the change in conditions affecting the proposed subdivision that have occurred since the approval and the condition which has become arbitrary or unreasonable as a result of the changes. Applications shall be subject to a fee as established by the city council.

2.    Review of the application shall be the same as the review of the tentative map. The review authority shall confine its review to consideration of, and action on, the proposed modification. (Ord. 05-002 § 1 (part), 2005)