Chapter 17.24
PARCEL AND FINAL MAPS
Sections:
17.24.020 Phasing of final maps.
17.24.060 Preliminary submittal for city approval.
17.24.070 City engineer review and approval – Parcel and final maps.
17.24.080 City council approval – Final map.
17.24.090 Exception – Judicial partitions.
17.24.100 Filing with county recorder.
17.24.010 General.
A. The form, contents, accompanying data, and filing of a parcel or final map shall conform to the Subdivision Map Act and this chapter. (Government Code Section 66433.)
B. The parcel or final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor.
C. The city engineer may waive a requirement of this chapter regarding map contents and accompanying information if the city engineer finds that the requirements is not applicable to the subdivision. [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.24.020 Phasing of final maps.
A. Multiple final maps relating to an approved tentative map may be filed if (1) the subdivider states in the tentative map application the subdivider’s intention to file multiple final maps; or (2) after filing of the tentative map, the planning commission and the subdivider concur in the filing of multiple final maps. In submitting such a request, the subdivider is not required to define the number or configuration of the proposed multiple maps. (Government Code Section 66456.1.)
B. Each final map which constitutes a part of the 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 assure a logical and orderly development of the whole subdivision. [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.24.030 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 parcel or 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 parcel or 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. The survey shall provide sufficient information as to enable the retracement of the exterior boundary lines and the establishment of the interior parcel or lot lines. Other monuments shall be set as required by the city engineer. [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.24.040 Form.
The form of the parcel or final map shall conform to the Subdivision Map Act and the following requirements. (Government Code Section 66434.)
A. The parcel or 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 acknowledgment 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. (Government Code Sections 66434(a), 66445(a).)
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. (Government Code Sections 66434(b), 66445(b).)
C. 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.
D. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. When two or more sheets including the certificate sheet are used, a key sheet shall be included. (Government Code Sections 66434(b), 66445(b).)
E. 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 in prints and other reproductions made from the original drawings.
F. 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.
G. All dimensions shown on the final map shall be in feet and decimals of a foot.
H. All lines shown on the final map that do not constitute a part of the subdivision itself shall be clearly distinguishable and any area enclosed by such lines shall be labeled “not a part of this subdivision.” (Government Code Sections 66434(e), 66445(d).)
I. There must appear on each map sheet the scale, the north point and the basis of bearings based on the California Coordinates, Zone 3, and the equation of the bearing on true north. The basis of bearings shall be approved by the city engineer.
J. The final form of the parcel or final map shall be as approved by the city engineer. [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.24.050 Contents.
The contents of the parcel or final map shall conform to the Subdivision Map Act and as follows:
A. Title Sheet. The title sheet shall include:
1. The subdivision number and subdivision name conspicuously placed at the top of the sheet;
2. Affidavits, certificates, acknowledgments, endorsements, acceptances of dedication and notarial seals required by law; (Government Code Sections 66435, 66435.2, 66445(e) through (i).)
3. Where the size of a subdivision permits, in lieu of a title sheet, required information may be shown on the same sheet as the final map;
4. The date of preparation and the signed certificate of the subdivider’s engineer or surveyor who prepared the final map;
5. A certificate of dedication signed by those persons having any record title interest in the land subdivided, if any land is to be dedicated for public use;
6. A certificate executed by all parties having any record title interest in the land subdivided, consenting to the preparation and recordation of the map; (Government Code Section 66430.)
7. Certificates for execution by the city engineer and the city clerk; and a statement of all easements, together with all building and use restrictions pertaining thereto. (Government Code Sections 66434, 66445.)
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 that 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 Pittsburg, Contra Costa County, California.”
C. 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 that 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.
D. 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, 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. (Government Code Sections 66495, 66498.)
E. Lots.
1. For a major subdivision, 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. If the subdivider elects to show the area of any lot on the map, such area shall be calculated excluding an area within any public street or alley (either existing or proposed) abutting the lot, but including the area within any easements for other purposes (either existing or proposed) which are not on the lot.
2. For a minor subdivision, the lots shall be lettered A, B, C, and D.
F. 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.
G. City Boundaries. City boundaries which cross or join the subdivision shall be clearly designated as shall locations of boundary lines of the school district or other taxing district adjacent to or intersecting the subdivision.
H. Street Names. The names of all existing and proposed streets, alleys, or highways within or adjoining the subdivision shall be shown. (Government Code Sections 66434(d), 66445(c).)
I. Easements and Dedications.
1. Every easement and proposed dedication for road or street, path, water main, stormwater drainage, sanitary sewer, utility or other public use as may be required shall be offered for dedication to the public for acceptance by the city or other public agency, and the use shall be specified on the map. If at the time the final map is approved, a street, path, alley or storm drainage easement is 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 street, path, alley or storm drainage easement for public use. The acceptance shall be recorded in the office of the county recorder.
2. The city may accept a dedication lying outside the subdivision boundary which requires a separate grant deed. The acceptance shall be recorded in the office of the county recorder.
3. Every easement of record shall be shown on the map, together with the name of the grantee and sufficient recording data to identify the conveyance, e.g., recorder’s serial number and date, or book and page of official records.
4. An easement not disclosed by the records in the office of the county recorder and found by the surveyor or engineer to be existing, shall be specifically designated on the map, identifying the apparent dominant tenements for which the easement was created.
5. The sidelines of each easement 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 each easement shall be approved by the city engineer.
J. Open Space Areas. Open space areas, including greenbelts and open space corridors, may be shown, subject to the approval of the city. These areas shall be dedicated as open space easements unless otherwise specified in the approval of the tentative map, and the subdivider shall agree to allow such land to be included within an open space maintenance assessment district if proposed by the city.
K. Statements and Certificates. Each certificate, statement, and acknowledgment required by the Subdivision Map Act and this title shall appear on the final or parcel map and may be continued where appropriate. (Government Code Sections 66435, 66435.1 through 66443, 66445(e) through (i), 66447 through 66450, 66430.)
L. Miscellaneous. The map shall also show:
1. The location and width of each drainage channel and utility and railroad right-of-way and easement;
2. The limitation, if any, on the right of access to and from a street; and
3. The location and width of nonaccess strips and reserve strips. [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.24.060 Preliminary submittal for city approval.
The subdivider shall submit two sets of preliminary prints of the parcel or 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 PMC 17.28.050;
B. Soils Report. A soils report prepared in accordance with the city grading ordinance and PMC 17.20.040;
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; (Government Code Section 66430.)
D. Guarantee of Title. A guarantee of title, in form acceptable to the city engineer and city attorney, shall be issued by a title company to and for the benefit and protection of the city and shall be continued complete up to the instant of recording of the final map, 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 acknowledgments thereto, appear on the proper certificates and are correctly shown on the map, both as to consents as to the making thereof and affidavits of dedication where necessary;
E. 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 payment of all taxes that are a lien but not yet payable has been filed with the county; (Government Code Section 66492.)
F. Deeds for Easements or Rights-of-Way. A deed for each off-site easement or right-of-way required for road or drainage purposes that has not been offered for dedication on the final map; written evidence acceptable to the city in the form of right of entry or permanent easement across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the facility;
G. Traverse Closures. Traverse closures for the boundary blocks, lots, easements, street centerlines and monument lines;
H. Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic calculations of all storm drains;
I. 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 as are appropriate under Section 1363 of the Civil Code; for all other subdivisions any declaration of covenants, conditions, and restrictions proposed in connection therewith. All governing documents are subject to review and approval by the city engineer and city attorney;
J. Utilities – Annexation. Written evidence from the utility company concerned that the utility easements are satisfactory and written confirmation that any necessary annexation is complete; (Government Code Section 66454.)
K. Improvement Agreement. If the required improvements are not completed before the presentation of the final map, the subdivider shall file an agreement in accordance with the requirements of PMC 17.28.060. The subdivider shall secure the performance of the agreement in accordance with the requirements of PMC 17.28.070;
L. Other Information. Additional data, reports, or information required by the city engineer or city attorney. (Government Code Section 66434.2.) [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.24.070 City engineer review and approval – Parcel and final maps.
A. Final Maps.
1. The city engineer shall review the final map, and the subdivider shall make corrections and additions until the map is acceptable to the city engineer.
2. The subdivider shall submit to the 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 and the subdivider’s payment of required fees, the city engineer shall within 20 days sign the appropriate certificate and present the corrected final map with accompanying documents to the city council for its consideration and approval. (Government Code Sections 66442, 53077.5.)
B. Parcel Maps.
1. The city engineer shall review the parcel map and the subdivider shall make corrections and additions until the map is acceptable to the city engineer. The subdivider shall submit the original tracing of the map, corrected to its final form and signed by all parties required to execute the certificates on the map, to the city engineer.
2. The city engineer shall approve the parcel map if it complies with the requirements of the Subdivision Map Act, this title and the tentative map conditions of approval. (Government Code Sections 66463, 66450.) [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.24.080 City council approval – Final map.
A. The date the final map is deemed filed with the city council is the date of the council meeting at which the council receives the map. The council shall consider approval of the improvement agreement and security before approving the map. (Government Code Section 66457.)
B. Upon presentation of the final map, the city council shall approve the map if it conforms with the tentative map conditions of approval, the Subdivision Map Act, and this title. If it does not conform, the council shall disapprove the map. The council shall make its decision at the meeting at which it receives the map or at its next regular meeting. (Government Code Sections 66458, 66473.)
C. The city council may not postpone or refuse approval of a final map because the subdivider has failed to meet a tentative map condition requiring construction or installation of off-site improvements on land which neither the subdivider nor the city has sufficient title or interest in to permit the improvements to be made. In this case, the city shall follow the procedure according to Government Code Section 66462.5 and PMC 17.28.020(J).
D. At the time of its action on the final map, the council shall accept, subject to improvement, or reject each offer of dedication. A rejected offer remains open to future acceptance under Government Code Section 66477.2 and Code of Civil Procedure Section 771.010. (Government Code Sections 66477.1, 66477.3.) [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.24.090 Exception – Judicial partitions.
When a parcel or final map is required to carry out a judicial partition of property which is under a Williamson Act contract, the city may not require the payment of exactions, the undertaking of improvements, or the posting of security for future performance, and may not accept any required offer of dedication until the contract terminates or is cancelled as to that parcel. This deferral of exactions and dedications does not apply to fees and assessments for services that are provided to the parcel before termination or cancellation of the contract. The original applicant for the parcel or final map remains personally liable for deferred obligations. (Government Code Section 66411.5.) [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.24.100 Filing with county recorder.
A. Upon approval of the parcel map by the city engineer or final map by the city council, the city engineer and 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. (Government Code Section 66429.)
B. After the filing, the subdivider shall provide to the city a copy of the recorded final map or parcel map and a microfilm copy. [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]