Chapter 16.20
FINAL SUBDIVISION MAPS – FIVE OR MORE PARCELS
Sections:
16.20.060 Preliminary submittal for city approval.
16.20.070 Review by city engineer.
16.20.080 Approval by director of public works or city engineer.
16.20.090 Approval by city council.
16.20.100 Limitation on denial by city council.
16.20.110 Filing with the county recorder.
16.20.010 General.
A. The form, contents, accompanying data, and filing of the final map shall conform to the provisions of the Subdivision Map Act and this title.
B. The final map shall be prepared by, or under the direction of, a registered civil engineer or licensed land surveyor. (Ord. 86-6, 1986).
16.20.020 Phasing.
A. Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if (1) the subdivider, at the time the tentative map is filed, notifies the community development director 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 community development director and the subdivider concur in the filing of multiple final maps. In submitting such a request, the subdivider shall not be required to define the number or configuration of the proposed multiple maps.
B. The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map. Each final map which constitutes a part, or unit, of the approved or conditionally approved tentative map shall have a separate subdivision number. The subdivision improvement agreement executed by the subdivider shall provide for the construction of improvements as required to constitute a logical and orderly development of the whole subdivision. (Ord. 86-6, 1986).
16.20.030 Survey required.
A. An accurate and complete survey of the land to be subdivided shall be made by a registered civil 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 closures and 1:20,000 for calculated closures.
B. At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments, conforming with the standards of 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. 86-6, 1986).
16.20.040 Form.
The form of the final map shall conform to the Subdivision Map Act and as follows:
A. The final map shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits and acknowledgements may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.
B. 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. 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. 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 four or more sheets, including the certificate sheet are used, a key sheet shall be included. All printing or lettering on the map shall be of one-eighth-inch minimum height and of such shape and weight as to be readily legible on prints and other reproductions made from the original drawings. The final form of the final map shall be as approved by the city engineer. (Ord. 86-6, 1986).
16.20.050 Contents.
The contents of the final map shall conform to the Subdivision Map Act and as follows:
A. Boundary. The boundary of the subdivision shall be designated by a heavy black line, one-sixteenth-inch thick, in such a manner as not to obliterate figures or other data.
B. Title. Each sheet shall have a title showing the subdivision number and name and the location of the property being subdivided with reference to maps which have been previously recorded, or by reference to the plat of a United States Survey. The following words shall appear in the title: “City of Benicia, Solano County, California.”
C. Certificates and Acknowledgements. All certificates and acknowledgements shall be made as required by the Subdivision Map Act (Sections 66544 et seq.) and shall appear only once on the cover sheet.
D. Scale, North Point and Basis of Bearings. There must appear on each map sheet the scale, the north point and the basis of bearings based on Zone II of the California Coordinates, and the equation of the bearing to true north. The basis of bearings shall be approved by the city engineer.
E. Linear, Angular and Radial Data. Sufficient linear, angular 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 lot and parcel which is a part of the subdivision, and ties to existing monuments used to establish the boundary. Arc length, radius and total central angle and radial bearings of all curves shall be shown. Ditto marks shall not be used in the dimensions and data shown on the map.
F. 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, and the following locations:
1. The intersection of street centerlines;
2. Beginning and end of curves or intersection of tangents on centerlines;
3. At other locations as may be required by the city engineer.
G. Lot Numbers. Lot 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 lot numbers may begin with the next consecutive number following the last number in the preceding unit. Each lot shall be shown entirely on one sheet of the final map, unless approved by the city engineer.
H. Adjoining Properties. The adjoining corners of all adjoining subdivisions shall be identified by subdivision number, or name when not identified by official number, and reference to the book and page of the filed map showing such 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.
I. City Boundaries. City boundaries which cross or join the subdivision shall be clearly designated.
J. Street Names. The names of all streets, alleys, or highways within or adjoining the subdivision shall be shown.
K. Easements and Dedications.
1. Easements and dedications for roads or streets, paths, water mains, storm water drainage, sanitary sewers or other public use as may be required, shall be dedicated to the public for acceptance by the city or other public agency, and the use shall be specified on the map. If at the time the final map is approved, any streets, paths, alleys or storm drainage easements are not accepted by the city council, the offer of dedication shall remain open and the city council may, by resolution at any later date, accept and open the streets, paths, alleys or storm drainage easements for public use, which acceptance shall be recorded in the office of the county recorder.
2. The city may accept any dedications lying outside the subdivision boundary which require a separate grant deed. The acceptance shall be recorded in the office of the county recorder.
3. 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.
4. Easements 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.
5. 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.
L. Open Space Areas. Open space areas, including greenbelts and open space corridors, may be shown, subject to the approval of the city. Such 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 such land to be included within an open space maintenance assessment district if proposed by the city. (Ord. 86-6, 1986).
16.20.060 Preliminary submittal for city approval.
The subdivider shall submit prints of the final map to the city engineer for checking. The preliminary prints shall be accompanied by the following data, plans, reports, and documents in a form as approved by the city engineer and, where applicable, the city attorney:
A. Improvement Plans. Improvement plans as required by BMC 16.36.060;
B. Soils Report. A soils report prepared in accordance with this title;
C. Title Report. A title report not more than six months old, showing the legal owners at the time of submittal of the final map;
D. Tax Certificate. A certificate from the county tax collector stating that all taxes due have been paid or that a tax bond or other adequate form of security assuring payments of all taxes that are a lien but not yet payable has been filed with the county;
E. Deeds for Easements or Rights-of-Way. Deeds for off-site easements or rights-of-way required for road or drainage purposes which have not been dedicated on the final map. Written evidence 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 of the facility;
F. Traverse Closures. Traverse closures for the boundary blocks, lots, easements, street centerlines and monument lines;
G. Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic calculations of all storm drains;
H. Governing Documents. For a cooperative apartment project, condominium, stock cooperative, or conversion, the proposed declaration of covenants, conditions and restrictions containing the provisions described in Section 1353 of the Civil Code, and all other governing documents for the subdivision, are as appropriate pursuant to Section 1363 of the Civil Code; for all other subdivisions any declaration of covenants, conditions and restrictions proposed in connection therewith. All governing documents shall be subject to review and approval by the community development director and city attorney;
I. Guarantee of Title. A guarantee of title, in form acceptable to the city engineer and city attorney, shall be issued by a competent 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, guaranteeing 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 acknowledgements 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;
J. Improvement Agreement. In the event drainage structures, grading, paving, or other required improvements have not been completed prior to the presentation of the final map, an agreement in accordance with the requirements of BMC 16.36.070 shall be filed for the improvement thereof. The subdivider shall secure the performance of the agreement in accordance with the requirements of BMC 16.36.080;
K. Liability Agreement and Insurance.
1. A hold-harmless agreement acceptable to the city engineer and city attorney obligating the subdivider to hold the city and its officers, agents and employees harmless from any liability for damages or claims for damages for personal injury or death which arise from the operations of the subdivider and/or the subdivider’s subcontractors in connection with the subdivision,
2. A certificate of insurance or contractual liability endorsement acceptable to the city attorney naming the city as additional insured and reporting to the city the amount of insurance the subdivider carries for the subdivider’s own liability for damages or claims for damages for personal injury or death which arise from the operations of the subdivider or his subcontractors in connection with the subdivision,
3. The city attorney, in consultation with the city manager or his designee, may waive the requirement for a certificate of insurance or contractual liability endorsement if evidence satisfactory to the city attorney is submitted indicating the subdivider’s inability to obtain such a certificate or endorsement naming the city as an additional insured,
4. Appeals. The subdivider or any interested person adversely affected by the city attorney’s or other city officer’s action under subsection (K)(2) of this section may file an appeal in writing pursuant to Chapter 1.44 BMC;
L. Other Information. Any additional data, reports, or information as required by the city engineer or city attorney. (Ord. 07-52 § 1; Ord. 86-6, 1986).
16.20.070 Review by city engineer.
The city engineer shall review the final map, and the subdivider shall make corrections and/or additions until the map is acceptable to the city engineer. (Ord. 86-6, 1986).
16.20.080 Approval by director of public works or city engineer.
The subdivider shall submit to the director of public works or city engineer the original tracing of the map, corrected to its final form and signed by all parties required to execute the certificates on the map. Original signatures shall appear on the original drawing and on any duplicates. Upon receipt of all required certificates and submittals, the director of public works or city engineer shall sign the appropriate certificates and transmit the original map to the city clerk. (Ord. 91-17 N.S. § 1, 1991; Ord. 86-6, 1986).
16.20.090 Approval by city council.
A. The final map approved by the city engineer as complying with the approved or conditionally approved tentative map shall be filed with the city council for approval after all required certificates have been signed. The date the map shall be deemed filed with the city council is the date on which the city council receives the map. The city council shall consider approval of the subdivision improvement agreement and improvement security before approving the final map.
B. If the subdivision improvement agreement and final map are approved by the city council, it shall instruct the mayor to execute the agreement on behalf of the city. If the subdivision improvement agreement and/or final map is unacceptable, the city council shall make its recommended corrections, instruct the city engineer to draft a new agreement and/or revise the final map and defer approval until an acceptable agreement and/or final map has been resubmitted.
C. The city council shall 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 for which neither the subdivider nor the city has sufficient title or interest to permit the improvements to be made. In this case, the city shall follow the procedure according to BMC 16.36.020(I). (Ord. 86-6, 1986).
16.20.100 Limitation on denial by city council.
The city council shall not deny approval of the final map if the city has previously approved a tentative map for the proposed subdivision and if the city council finds that the final map is in compliance with the requirements of the general plan, any applicable adopted specific plans, BMC Title 17, Zoning, the Subdivision Map Act, this title, the tentative map and all conditions thereof, and all other applicable provisions of this code. (Ord. 86-6, 1986).
16.20.110 Filing with the county recorder.
Upon approval of the final map by the city council, the city clerk shall execute the appropriate certificate on the certificate sheet and shall, subject to the provisions of Section 66464 of the Subdivision Map Act, transmit the map, or have an authorized agent transmit the map, to the county recorder. (Ord. 86-6, 1986).