§ 19.20

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.

(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 technical and inadvertent error which, in the determination of the City Council, does not materially affect the validity of the map.

(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 and complies with all conditions applicable to the units. The number of final 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 $100,000.00 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 Section 19.12.110(b) of this chapter; 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)

Interim Final Map. A subdivider may file an interim final map dividing the property for the purposes of financing only, subject to the following restrictions:

(1)

The interim final map is authorized by a tentative map approval for the division of the property into ultimate building sites proposed to be developed by the subdivider. The units to be created by the interim final map shall be shown on the tentative map.

(2)

The tentative map shall be for the development of property pursuant to an approved specific plan.

(3)

The subdivider shall dedicate or irrevocably offer to dedicate the streets shown on the tentative map so that each unit created by the interim final map has frontage on a street.

(4)

No grading, building or other permits to develop shall be issued for any unit created by the interim final map until and unless a subsequent final map is filed dividing the property into final lots in substantial compliance with the tentative map. A note containing this restriction shall be placed on the interim final map.

(5)

The interim final map shall not be construed as operating to extinguish the tentative map or to extend its expiration date by operation of Government Code Section 66452.6.

This Section is intended to accommodate the financing needs of subdividers developing large projects over an extended period of time.

(e)

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 ten 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 ten 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, 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 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 a period of not less than 90 days from the date of issuance of the Business and Provisions 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.

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 licenses, visitors, tenants and servants.

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.

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 19.32 of this Title 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 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 mobilehome park to a mobilehome park common interest development which conversion has been approved by the City Council.

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)

Use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearing values in terms of said system. The angle of Grid divergence from a true meridian (Theta or mapping angle), and the North point of said map shall appear on each street thereof. Establishment of said Basis of Bearings may be by use of existing Horizontal Control stations or astronomic observations.

(c)

Show the area of all parcels containing one-quarter 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 San Marcos 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.

(h)

Show two measured ties from the boundary of the subject property to existing Horizontal Control station(s) having 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 not acceptable Horizontal Control stations within one-half mile of subject property, then the engineer or land surveyor may make a written request to the Developmental Services Department for additional control stations within the subject area.

The City may provide a coordinated monument (using the North American Datum of 1983) by tying either a section, quarter-section, or rancho or other appropriate land net corner or road centerline which is

intervisable with an existing monument in the local control network.

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.

(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, geological 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) 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.

(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."

(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.

(5)

Required certificates.

(a)

The lots shall be numbered consecutively, commencing with the number "1", with no omissions or duplications; in 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.

(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.

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 of 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)

Certificates 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 owners' certificate shall be set forth in the owners' 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 the final map.

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 the final map.

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 an 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.

In lieu of the title company certificate required by Section 19.20.120, 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.

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.

The affidavits, certificates, acknowledgements 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 in polyester base file, the ink surface shall be coated with suitable substance to assure permanent legibility.

When a soils report, a geological report, or soils and geological 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 geo-technical 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.

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.