Chapter 16.20
FINAL MAP REQUIREMENTS
Sections:
16.20.010 Maps to conform to requirements of Map Act and tentative map.
16.20.020 City council to approve maps.
16.20.030 Required offer of dedication.
16.20.040 Grant of open space easement.
16.20.050 Final map required – Filing of parcel map in lieu of final map – When permitted.
16.20.060 Additional data on final subdivision maps.
16.20.065 Nontitle information.
16.20.070 Record of easements.
16.20.110 Additional certificates on final subdivision maps.
16.20.115 Notice of owner’s development lien.
16.20.120 Title company certificate and report.
16.20.130 Title company subdivision guarantee.
16.20.140 Approval as to form.
16.20.150 Stamping or printing of certificates.
16.20.170 Transmittal of final map.
16.20.010 Maps to conform to requirements of Map Act and tentative map.
All final and parcel maps for major subdivisions shall conform to the requirements of the Subdivision Map Act and this title and also shall conform to the requirements specified in the resolution approving or conditionally approving the tentative map. (Ord. 101 Exh. A, 1989)
16.20.020 City council to approve maps.
A. The city council shall not consider a final map unless there is a valid tentative map for the subdivision.
B. No final map shall be filed in the office of the county recorder until approved by the city council, but such map shall be disapproved only for failure to meet or perform requirements or conditions which were applicable to the subdivision at the time of approval of the tentative map; providing, that any such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed. The city council may waive any such failure of the map to meet such requirements and conditions if such failure is a result of a technical and inadvertent error which, in the determination of the city council, does not materially affect the validity of the map. The city council shall not waive any requirement or condition relating to the design or improvement of the subdivision.
C. Multiple or phased final maps may be filed for portions of the tentative map, provided that the tentative map divides a subdivision into units and each final map or phased final map substantially conforms to one or more of the units as shown on the tentative map and complies with all conditions applicable to the units. The number of official maps or phased final maps which may be filed shall be determined by the decision making authority at the time of the approval or conditional approval of the tentative map. When dividing a subdivision into units, the decision making authority shall ensure that the design and improvement of each unit is consistent with the provisions of this title. If the subdivider is subject to a requirement to construct or improve or finance the construction and improvement of public improvements outside the boundary of the subdivision, the cost of that requirement shall be established at the time the tentative map is approved. If the cost of the off-site public improvements requirement is $100,000 or more, it shall be a condition of the tentative map that additional conditions may be placed on the extension of the tentative map which occurs by operation of SBMC 16.12.110(B); and further, it shall be a condition that upon the filing of any multiple final map or phased final map, the council may modify or eliminate the phasing scheme. Multiple or phased final maps shall be authorized for vesting tentative maps for which off-site improvements are required only if the city council finds that multiple final maps are necessary to accomplish the subdivision, that all off-site improvements are required as a condition of the zoning for the property or zoning approval for the project, that phasing of the project is consistent with the city’s general plan and any development, management or public facilities ordinances, policies or regulations, and that the subdivision consists of 100 or more units.
D. The city council shall not approve a final map for a subdivision to be created from a conversion of residential real property into a common interest development project unless it finds all of the following:
1. Each of the tenants of the proposed common interest development project has received written notification of intention to convert at least 60 days prior to the filing of a tentative map. There shall be a further finding that each such tenant and each such person applying for the rental of a unit in such residential real property has or will have received all applicable notices and rights now and hereafter required by this title or the Subdivision Map Act. In addition, a finding shall be made that each tenant has received 10 days’ written notification that an application for a public report will be, or has been, submitted to the department of real estate, and that such report will be available on request. The written notices to tenants required by this subdivision shall be deemed satisfied if such notices comply with the legal requirements for service by mail.
2. Each of the tenants of the proposed common interest development project has been, or will be given written notification within 10 days of approval of a final map for the proposed conversion.
3. Each of the tenants of the proposed common interest development project, or stock cooperative project has been, or will be given 180 days’ written notice of intention to termination of tenancy due to the conversion or proposed conversion. The provisions of this subdivision shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provisions of services, payment of rent or the obligations imposed by Sections 1941, 1941.1 and 1941.2 of the California Civil Code.
4. Each of the tenants of the proposed common interest development project has been or will be given notice of an exclusive right to contract for the purchase of his or her respective units upon the same terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenant. The right shall run for period of not less than 90 days from the date of issuance of the Business and Professions Code, unless the tenant gives prior written notice of his intention not to exercise the right.
5. The owners of a stock cooperative or community apartment project have voted in favor of such conversion as specified by Section 66452.10 of the State Government Code.
6. This section shall not diminish, limit or expand, other than as provided herein, the authority of the city council to approve or disapprove common interest development projects. (Ord. 101 Exh. A, 1989)
16.20.030 Required offer of dedication.
As a condition precedent to the approval by the city council of any final map, all parcels of land shown thereon and intended for any public use shall be offered for dedication for public use except those parcels, other than streets, intended for the exclusive use of the lot owners in the subdivision, their licensees, visitors, tenants and servants. (Ord. 101 Exh. A, 1989)
16.20.040 Grant of open space easement.
In the event that a grant of an open space easement is to be made over a portion of the subdivision, the final map shall contain a certificate signed and acknowledged by those parties having any record title interest in the subdivided land granting such open space easement and stating the conditions of the grant. (Ord. 101 Exh. A, 1989)
16.20.050 Final map required – Filing of parcel map in lieu of final map – When permitted.
Unless otherwise provided in this title, a final subdivision map shall be prepared and filed pursuant to an approved tentative map for every major subdivision. In lieu of filing a final subdivision map, unless otherwise required by the Subdivision Map Act, a parcel map with a form and content in accord with Chapter 16.32 SBMC may be filed pursuant to an approved tentative map when any of the following conditions prevail:
A. The land before division contains less than five acres, each parcel created by the division abuts upon a public street or highway and no dedications or improvements are required by the city council;
B. Each parcel created by this division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway and no dedications or improvements are required by the city council;
C. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprise part of a tract of land zoned for industrial or commercial development and which has the approval of the city council;
D. Each parcel created by the division has a gross area of 40 acres or more or each of which is a quarter section or larger;
E. The subdivision is for the purpose of converting a rental mobile home park to a mobile home park common interest development which conversion has been approved by the city council. (Ord. 101 Exh. A, 1989)
16.20.060 Additional data on final subdivision maps.
Every final subdivision map shall:
A. Contain a definite description of the land subdivided by references to recorded deeds, recorded maps and official United States surveys. Reference to tracts, recorded deeds and recorded maps shall be spelled out, worded identically with original records and show the book and page of records or map numbers;
B. Show the basis of bearings used, the relationship of the bearings to the true meridian, and the north point of the map shall appear on each sheet thereof;
C. Show the area of all parcels containing one-fourth acre or more to the nearest hundredth;
D. Clearly indicate, by description or a distinctive boundary line, any area subject to flooding at times of high tide or heavy rainfall, and state that such area is subject to flooding at times of high tide or heavy rainfall;
E. Show a solid line separating all private ways, easements and other rights-of-way not to be accepted as public streets and shown on the map from public streets and clearly designate their nature and the manner in which the right is reserved or granted;
F. Bear the name and the city tract number of the subdivision on every sheet of the map;
G. Indicate the exterior boundary of the land included within the subdivision by distinctive symbols and clearly so designate. The map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys. If the map includes a “designated remainder” parcel or a parcel designated as “not a part,” and the gross area of that parcel is five acres or more, that parcel need not be shown on the map and its location need not be indicated as a matter of survey but may be indicated by deed reference to the existing boundaries of the remainder parcel. (Ord. 101 Exh. A, 1989)
16.20.065 Nontitle information.
A. The city engineer may require that any or all of the following map and survey information be submitted concurrently with the final map: building setback lines, flood or safety hazard zones, seismic lines and setbacks, approximate slope lines, geologic mapping, archaeological sites, scenic overlay setbacks or boundaries, noise contour lines from major noise generators in the vicinity, other information which does not affect record title interests, but which may affect development of the site.
B. If the city engineer requires any of the information described in subsection A of this section the information shall be placed on an additional map sheet or sheets which shall indicate the relationship of the information to the subdivision. The additional map sheet or sheets shall contain a statement that the additional information is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest. If appropriate, the additional map sheet or sheets shall list the source or sources of the information stated. The additional map sheet or sheets may contain a notation that the additional information is derived from public records or reports, and does not imply the corrections or sufficiency of those records by the preparer of the additional map sheet or sheets. (Ord. 101 Exh. A, 1989)
16.20.070 Record of easements.
A. The final map shall show the centerline data, width and side lines of all easements to which the land is subject or to be subjected unless the easement is to be extinguished by the filing of the map pursuant to the State Subdivision Map Act. If the easement is not definitely located on record, a statement as to the easement shall appear on the title sheet.
B. Easements for storm drains, sewers and other purposes shall be denoted by broken lines.
C. The easement shall be clearly labeled and identified and, if already of record, proper reference to the records given.
D. Easements being dedicated shall be so indicated in the certificate of dedication.
E. Separate easements for utilities (i.e., those where the utilities are to be located other than in a public street right-of-way) shall be designated on the final map as “easements for public utilities”. (Ord. 101 Exh. A, 1989)
16.20.080 Survey data.
A. The final map shall show the centerlines of all streets, length, tangents, radii and central angles or radial bearings of all curves, the total width of each street, the width of the portion being dedicated and the width of existing dedication and the width of each side of the centerline; also the width or rights-of-way of railroads, flood control or drainage channels and any other easements existing or being dedicated by the map.
B. Surveys in connection with subdivision maps prepared pursuant to this chapter shall be made in accordance with standard practices and principles for land surveying. A traverse of the boundaries of the subdivisions and all lots and blocks shall close. Sufficient data shall be shown to determine readily the bearing and length of each line. The net dimensions of each lot shall be separately stated.
C. Traverse sheets and work sheets showing the closure of the exterior boundaries and of each irregular block and lot shall be provided.
D. The final map shall also have indicated thereon the following:
1. Suitable primary survey control points:
a. Section corners,
b. Monuments (existing outside of subdivision);
2. Location of all permanent monuments within subdivision;
3. Ties to any city or county boundary lines involved;
4. Ties to and identification of adjacent subdivisions; and
5. Required certificates.
E. The California Coordinate System shall be used as the “basis of bearings” and all measured and calculated bearing values shall be expressed in terms of said system. The angle of grid divergence from a true meridian (gamma or mapping angle), and the north point of said map shall appear on each sheet thereof. Establishment of said basis of bearings may be by use of existing horizontal control stations meeting the standards of the California Public Resources Code.
“Basis of bearing” means the source of uniform orientation of all measured bearings shown on the map. Unless otherwise approved, this source will be the California Coordinate System (CCS 83), Zone 6.
“California Coordinate System” means the coordinate system as defined in Section 8801 through 8819 of the California Public Resources Code. The specified zone for San Diego County is “Zone 6” and the official datum is the California Coordinate System of 1983 (CCS 83), based on the “North American Datum of 1983.”
The final map shall show two measured ties from the boundary of the subject property to existing horizontal control station(s) having California Coordinate values of first order accuracy or better, as published in the county of San Diego’s horizontal control book. These tie lines to the existing control shall be shown in relation to the California Coordinate System (i.e., grid bearings and grid distances). All other distances shown on the map are to be shown as ground distances. A combined factor for conversion of grid-to-ground distances shall be shown on the map.
If there are no acceptable horizontal control stations within one-half mile of the subject property, then the engineer or land surveyor may make a written request to the city engineer for additional control stations within the subject area.
In the event the city is unable to provide an acceptable horizontal control station within one-half mile of the subject property within 30 days of written request, this requirement may be waived.
None of the above will preclude a person authorized to practice land surveying from performing the necessary work to meet the requirements of this section. (Ord. 339 § 1, 2005; Ord. 101 Exh. A, 1989)
16.20.090 Lot numbers.
A. The lots shall be numbered consecutively, commencing with the number “1,” with no omissions or duplications; in the case of phased subdivisions of the same tentative map, the numbering may be successively extended from the previous phase of the subdivision.
B. Each lot shall be shown entirely on one sheet. (Ord. 101 Exh. A, 1989)
16.20.100 Established lines.
A. Whenever the city engineer has established the centerline of a street or alley, such data shall be considered in making the surveys and in preparing the final map, and all monuments found, shall be indicated and proper references made to field books or maps of public record, relating to the monuments. If the points were reset by ties, that fact shall be stated.
B. The final map shall show city boundaries crossing or adjoining the subdivision clearly designated and tied in. (Ord. 101 Exh. A, 1989)
16.20.110 Additional certificates on final subdivision maps.
In addition to certificates and other material required by the Subdivision Map Act and this title, every final subdivision map shall bear the following certificates or endorsements:
A. A certificate by the city treasurer to the effect that there are no unpaid special assessments or bonds which may be paid in full shown by the records in their offices against the subdivision or any part thereof;
B. A certificate or statement by the clerk of the board of supervisors that the provisions of Division 2, Title 7 of the Government Code have been complied with regarding deposits for taxes on the property within the subdivision;
C. Certificate of the county recorder as to the filing of the map;
D. A statement by the engineer/surveyor in accordance with Section 66441 of the Subdivision Map Act;
E. A certificate or statement signed by the city engineer in accordance with Section 66442 of the Subdivision Map Act;
F. Endorsement by the city attorney of approval of the map as to form;
G. A certificate or statement signed by the city clerk attesting to the approval of the map by the city council and their acceptance, acceptance subject to improvement; or rejection, on behalf of the public, of all dedications shown thereon;
H. An owner’s certificate as required by Section 66436 of the Subdivision Map Act which shall bear the signatures of all parties owning any record title interest in the land subdivided except those which have been omitted pursuant to Section 66436 of the Subdivision Map Act. The names of any parties who own interests described in Section 66436 of the Subdivision Map Act and who have not signed the owner’s certificate shall be set forth in the owner’s certificate, together with a description of their respective interests and the reasons why they have not signed the certificate. All such signatures of owners and others, whether individuals or corporations, must be properly signed and acknowledged before a notary public. In case a subdivision map is signed by a corporation, a certified copy of the resolution passed by the board of directors of such corporation authorizing that action must accompany the map;
I. Where dedications are required, a certificate offering to dedicate to the city or other appropriate public entity as determined by the city, the interests in real property for specified public purposes in accord with Section 66439 of the Subdivision Map Act. The certificate shall be properly signed and acknowledged before a notary public, and shall be signed by all parties having any record title interest in the real property being subdivided subject to the provisions of Section 66436 of the Subdivision Map Act. In case any dedication or consent shown on a subdivision map is signed by a corporation, a certified copy of the resolution passed by the board of directors of such corporation authorizing that action must accompany final map. (Ord. 101 Exh. A, 1989)
16.20.115 Notice of owner’s development lien.
When an owner’s development lien has been created pursuant to the provisions of Article 2.5, commencing with Section 39327 of Chapter 3 of Part 23 of the California Education Code, on the real property or portion thereof subject to the final map, a notice, as specified in Section 66434.1 of the California Government Code, shall be placed on the face of a final map. (Ord. 101 Exh. A, 1989)
16.20.120 Title company certificate and report.
Every final map submitted to the city council shall bear the certificate of a qualified title company that the parties who executed the owner’s certificate required by Section 66436 of the Subdivision Map Act are all the parties having any record title interest in the land subdivided. The certificate shall also indicate the names of the parties owning the interests set forth in Section 66436 of the Subdivision Map Act, together with a description of the interests and the reasons the parties did not execute the owner’s certificate. The title company shall, on the date the final map will be transmitted to the county recorder, present to the county recorder a letter stating that on said date the names of the parties and the other facts set forth in the title company’s certificate were the same as shown by the certificate. (Ord. 101 Exh. A, 1989)
16.20.130 Title company subdivision guarantee.
In lieu of the title company certificate required by SBMC 16.20.120, there may be filed with the city engineer a subdivision guarantee from a qualified title insurance company which guarantees that the parties named therein are the only parties having any record title interest in the land subdivided. The title company shall, on the date the final map will be transmitted to the county recorder, present to the county recorder, pursuant to the requirements of Section 66465 of the Subdivision Map Act, a letter stating that at the time of filing of the final map or parcel map in the office of the county recorder, the parties consenting to such filing are all of the parties having a record title interest in the real property being subdivided whose signatures are required by Division 2 of Title 7 of the Government Code, as shown by the records in the office of the recorder. (Ord. 101 Exh. A, 1989)
16.20.140 Approval as to form.
All final subdivision maps filed with, or submitted to, the city council shall be first submitted to the city attorney and approved as to form. (Ord. 101 Exh. A, 1989)
16.20.150 Stamping or printing of certificates.
The affidavits, certificates, acknowledgments and approvals required or permitted by this chapter or the Subdivision Map Act to appear upon maps may be legibly stamped or printed upon the map with opaque ink in such a manner as will guarantee a permanent record in black upon the tracing cloth or polyester base film. If ink is used on polyester base film, the ink surface shall be coated with suitable substance to assure permanent legibility. (Ord. 101 Exh. A, 1989)
16.20.160 Soil reports.
When a soils report, a geologic report, or soils and geologic reports have been prepared specifically for the subdivision, such fact shall be noted on the final map, together with the date of such report or reports, the name of the engineer making the soils report and geologist making the geologic report or the name of the geotechnical engineer making either or both of said reports, and the location where the reports are on file. A copy of the soils and geologic reports shall be filed with the city engineer and shall be kept on file for public inspection. (Ord. 101 Exh. A, 1989)
16.20.170 Transmittal of final map.
After the city engineer certifies that all applicable requirements of the Subdivision Map Act and this code have been satisfied and after approval of a final map by the city council, the city clerk or the clerk’s designee shall transmit the map to the appropriate county agency pursuant to Government Code Section 66464 for filing with the county recorder. The map shall be transmitted for recording within 15 working days after approval of the map by the council. (Ord. 101 Exh. A, 1989)