Berkeley Municipal Code Ch. 21.20 Final Maps (five or More Parcels)

The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall be based on a survey, and shall substantially conform to the approved tentative map and any conditions attached thereto and to all of the requirements set forth in this chapter. (Ord. 5793-NS § 2 (part), 1987)

A filing fee including a fee for each lot shall be paid to the City of Berkeley in accordance with the current master fee schedule for checking the final map and shall be accompanied by an additional mylar copy of the map for City files. (Ord. 5793-NS § 2 (part), 1987)

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, center lines 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 one in ten thousand for field closures and one in twenty thousand for calculated closures.

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 State Business and Professions Code so that 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. 5793-NS § 2 (part), 1987)

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. The size of each sheet shall be coated with a suitable substance to assure permanent legibility. The size of each sheet shall be eighteen by twenty-six inches. A marginal inch. The scale of the map shall be not less than one inch equals one hundred feet (1" = 100’) 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 more than two map sheets including the certificate sheet are used, a map key sheet will 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. 5793-NS § 2 (part), 1987)

The contents of the final map shall conform to the Subdivision Map Act and as provided herein.

A. The boundary of the subdivision shall be designated by an opaque red line applied over India ink in such a manner as not to obliterate figures or other data.

B. 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: "In the City of Berkeley".

C. The following certificates shall appear only once on the cover sheet:

1. A certificate, signed and acknowledged by all parties having record title interest in the land subdivided, excepting those parties having rights of way, easements, or other interests which cannot ripen into a fee, or exceptions provided by the Subdivision Map Act, Section 66436.

2. A certificate by the engineer or surveyor responsible for the survey and final map shall appear on the map. The certificate shall give the date of the survey, state that the survey and final map were made by or under the direction of the engineer or surveyor and that the survey is true and complete as shown.

The certificate shall also state that all monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before a specified later date. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced.

The certificate shall state that the map complies to the Subdivision Map Act and the provisions of this title.

3. A certificate for execution by the City Engineer stating that the map has been examined and that it is in accord with the tentative map and any approved alterations thereof, complies with the Subdivision Map Act and the provisions of this title, and is technically correct.

4. A certificate for execution by the secretary of the Planning Commission stating that the tentative map was approved by resolution of the Planning Commission.

The date and number of the resolution shall appear in the certificate.

5. A certificate for execution by the City Clerk stating the date and number of the resolution adopted by the City Council approving the final map and stating that the City Council accepted, accepted subject to improvement, rejected, or did not accept or reject on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication.

6. If a soils report is required for the subdivision, a certification signed, stamped and stated by a soils engineer shall appear on the map. The certificate shall read: "A soils report for Subdivision No. was prepared by me or under my direction and was filed with the City of Berkeley on (Date) ".

7. A certificate to be executed by the county recorder stating that the map has been accepted for filing, that the map has been examined and that it complies with the provisions of state laws and local ordinances governing the filing of final maps.

The certificate shall show who requested the filing of the map, the time and date the map was filed and the book and page where the map was filed.

8. A certificate to be executed by the county clerk stating that all taxes due have been paid or that a tax bond assuring the payment of all taxes which are a lien but not yet payable has been filed with the county.

D. There must appear on each map sheet the scale, the north arrow, and the basis of bearings (based on zone III of the California coordinate system), and the equation of the bearing to true north. The basis of bearings shall be approved by the City Engineer.

E. Sufficient linear, angular, and radial data shall be shown to determine the bearings and length of monument lines, street centerlines, the boundary lines of the subdivision and of the boundary lines of every lot and parcel which is a part thereof. Lengths, radius, and total central angle or radial bearings of all curves shall be shown. Ditto marks shall not be used in the dimensions and data shown on the map.

F. The location and description of all existing and proposed monuments shall be shown. Standard City monuments shall be set at (or from offsets as approved by the City Engineer) the following locations:

1. The intersection of street centerlines.

2. Beginning and end of curves in centerlines.

3. At other locations as may be required by the City Engineer.

G. 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.

H. 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 subdivisions, and if no such subdivision is adjacent, then by the name of the owner and reference to the recorded deed by book page number for the last recorded owner of such adjacent property.

I. City boundaries which cross or join the subdivision shall be clearly designated.

J. The names of all streets, alleys, or highways within or adjoining the subdivision shall be shown.

K. Easements for roads or streets, paths, storm water drainage, sanitary sewers, 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, 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.

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.

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.

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. (Ord. 5793-NS § 2 (part), 1987)

The subdivider shall submit two sets of prints of the final map to the City Engineer for checking. The preliminary prints shall be accompanied by two copies of the following data, plans, reports and documents in a form as approved by the City Engineer:

A. Improvement plans as required by Section 21.20.100 of this title.

B. A soils report prepared in accordance with Department of Public Works standards.

C. A title report prepared within three months prior to submittal of the final map.

D. An improvement bond estimate which shall include all improvements within public rights-of-way, easements, or common areas and utility trench backfill as provided by the developer, except for those utility facilities installed by a utility company under the jurisdiction of the California Public Utilities Commission.

E. Deeds for 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. Agreements, acceptable to the City, executed by all owners of all utility and other easements within the proposed right-of-way, consenting to the dedication of the road or consenting to the joint use of the right-of-way, as may be required by the City for public use and convenience of the road. These owners shall join in the dedication and subordinate their rights to the right of the public in the road.

G. Traverse closures for the boundary, blocks, lots, easements, street centerlines, and monument lines.

The error of field closures in the traverse around the subdivision and around the interior lots or blocks shall not exceed one part in twenty thousand.

H. Complete hydrology and hydraulic calculations of all storm drains.

I. Proposed declaration of covenants and all other organizational documents for the subdivision in a form as prescribed by Section 1355 of the Civil Code of the State of California. All documents shall be subject to review by the City Engineer and City Attorney.

J. Any additional data, reports, or information as required by the City Engineer. (Ord. 5793-NS § 2 (part), 1987)

Upon completing the preliminary check the City Engineer shall note the required corrections on the preliminary prints, reports, and date and return one set to the subdivider’s engineer for revision. (Ord. 5793-NS § 2 (part), 1987)

The subdivider’s engineer shall submit two sets of the revised map, reports, and data to the City engineer. After checking the revisions, one set shall be returned to the subdivider’s engineer marked approved as submitted, approved when corrected as noted or revise and resubmit. (Ord. 5793-NS § 2 (part), 1987)

Upon receipt of an approved print, the subdivider shall submit the original tracing of the revised map, prepared in accordance with the Subdivision Map Act and this chapter and corrected to its final form, and signed by all parties required by the Subdivision Map Act and this chapter to execute the certificates on the map, to the City Engineer. The City Engineer and Planning Director shall sign the appropriate certificates and transmit the original to the City Clerk. (Ord. 5793-NS § 2 (part), 1987)

The final map, certified by the City Engineer and Planning Director, together with the subdivision improvement agreement, shall be placed on the council agenda for approval. The City Council shall consider the final map for approval within ten days after filing with the City Clerk, or at its next regular meeting at which it receives the map, whichever is later.

The City Council shall have approved the subdivision improvement agreement before approving the final map.

If the subdivision improvement agreement and final map are approved by the City Council, it shall instruct the City Manager to execute the agreement on behalf of the City. If the subdivision improvement agreement and/or final map is unacceptable, the council shall specify their recommended corrections, instruct the City Engineer to draft a new agreement and or require revision of the final map and defer approval until an acceptable agreement and or final map has been resubmitted. (Ord. 5793-NS § 2 (part), 1987)

The City Council shall deny approval of the final map upon making any of the findings contained in Section 21.16.047 of this title.

The City Council shall not deny approval of the final map if it has previously approved a tentative map for the proposed subdivision and if it finds that the final map is in substantial compliance with the previously approved tentative map. (Ord. 5793-NS § 2 (part), 1987)

If the City Council does not approve or disapprove the map within the prescribed time, or any authorized extension thereof, and the map conforms to all said requirements and rulings, it shall be deemed approved and the City Clerk shall certify its approval thereon. (Ord. 5793-NS § 2 (part), 1987)

Upon approval of the final map by the City Council and receipt of the improvement security by the City Engineer, the City Clerk shall execute the appropriate certificate on the certificate sheet and forward the map, or have an authorized agent forward the map, to the clerk of the county board of supervisors for transmittal to the county recorder. (Ord. 5793-NS § 2 (part), 1987)

The subdivider may elect to submit a final map for all or part of the approved tentative map in the sequence of units approved by the Planning Commission. Each final map which constitutes a part, or unit, of the approved tentative map shall have a separate subdivision number. The subdivision improvement agreement to be executed by the subdivider shall provide for the construction of such improvements as may be required to constitute a logical and orderly development of the whole subdivision by units. (Ord. 5793-NS § 2 (part), 1987)