Brisbane Municipal Code Ch. 16.20 Final Map Procedures

The procedures set forth in this chapter shall govern with regard to final parcel maps and final subdivision maps.

(Ord. 282 § 5.1, 1982).

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, including certificates. If ink is used on polyester film, the ink surface shall be coated with a suitable substance to assure permanent legibility. In addition, a blue line cloth copy of the final map shall be submitted to the city. The map shall be so made and shall be in such condition when filed that clear legible prints and negatives can be made therefrom. The final map shall comply with all provisions of the Subdivision Map Act.

(Ord. 282 § 5.2(a), 1982).

The size of each sheet shall be eighteen (18) inches by twenty-six (26) inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one (1) inch.

(Ord. 282 § 5.2(b), 1982).

The map shall be drawn according to an engineer's scale, and the scale of the map shall be one inch equals one hundred feet (1″ = 100′), unless the city engineer and the planning director permit some other scale.

(Ord. 282 § 5.2(c), 1982).

If more than one (1) sheet is used to show the area being subdivided, then 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 the final map consists of more than two (2) sheets, a key map showing the relation of the sheets shall be included on sheet numbered one (1).

(Ord. 282 § 5.2(d), 1982).

The subdivision name and number, scale and north point shall be shown on each sheet.

(Ord. 282 § 5.2(e), 1982).

A. The title sheet shall be page number one (1) and shall contain the following information:

1. Title, comprising the subdivision name and number, followed by the words: "City of Brisbane, San Mateo County, California";

2. Below the title shall be a subtitle consisting of a general description of all the real property being subdivided by reference to recorded deeds or maps which have been previously recorded, or by reference to the plat of a United States survey;

3. References to tracts and subdivisions in the description, worded identically with original records, and with complete references to the book and page of record;

4. Affidavits, certificates, acknowledgments, endorsements, references to special reports, acceptances, dedications and notary seals required by law;

5. The basis of bearings used in the survey.

B. Where the size of a subdivision permits, in lieu of a title sheet, the information prescribed above may be shown on the same sheet as the final map.

(Ord. 282 § 5.2(f), 1982).

The final map shall also show clearly and legibly the following additional information:

A. Boundary. The boundary of the subdivision designated by a one-eighth (1/8) inch colored border applied on the reverse side of the tracing and inside the boundary line. Such border shall be of such density to be transferred to a blue line print, but shall not interfere with the legibility of any data.

B. Survey Data.

1. Stakes, monuments, or other evidences found on the ground to determine the boundaries of the subdivision;

2. Corners of all adjoining property identified by lot and block number, tract name, place of record, or by section, township and range, or other proper designation;

3. All information, data and monuments necessary to locate and retrace any and all exterior boundary lines, lot, parcel or block lines;

4. Bearings and distances of straight lines;

5. Radii, central angles, arc lengths and such additional information as may be necessary to determine the location of the center of curves and tangent points, plus bearings, tangent distances and radii, central angles and arc lengths of all lot lines;

6. The centerlines of all streets, if any, in and adjoining the subdivision, indicating all the permanent monuments found or placed and making reference to a map or field book wherever the city engineer has established such centerline. If any points were reset by ties, the source and detail or relocation data shall be stated.

C. Soils and Geologic Reports. When a soils report, a geologic report, or soils and geologic report 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 and the location in the city where the reports are on file.

D. Lots. All lots intended for sale or reserved for private purposes, and all parcels offered for dedication for any purpose, with all dimensions, boundaries, and courses clearly shown and defined in every case, and the lot area to the nearest one-one hundredth ( 1/100 ) acre. No ditto marks (″) shall be used. Parcels offered for dedication but not accepted shall be designated by letter, and private streets not offered for dedication shall have the words: "Not a Public Street." Each block in its entirety shall be shown on one (1) sheet. Where adjoining blocks appear on separate sheets, the street adjoining both blocks shall be shown on both sheets complete with centerline and property line data. Lots shall be numbered in consecutive sequence beginning with the number one (1), with no omissions or duplications throughout the subdivision. The numbers shall be solid and of sufficient size and thickness to stand out, shall be raised so as not to obliterate any figure and shall not be enclosed in any design.

E. Rights-of-way. The location of rights-of-way, the names of streets, the total width of each street and sidewalk, and the width on each side of the centerline, the width of the portion of the street and sidewalk being dedicated, and the width of the existing dedication, if any, within the subdivision.

F. Other Rights-of-way. The location and widths of any other rights-of-way within the subdivision.

G. Easements. The side lines of all easements, public and private, to which the lots are subject. Each easement must be clearly labeled and identified as to nature and purpose and, if already of record, its recorded reference given. If any easement is not definitely located and of record, a statement of such easement must appear on the title sheet. Easements shall be denoted by fine dotted lines. Distances and bearings on the side lines of lots which are cut by easements must be so shown that the map will indicate clearly the actual length of the lot lines. The width of the easement and the lengths and bearings of the lines thereof, and sufficient ties thereto to definitely locate the easement with respect to the subdivision shall be shown.

H. Utilities. The locations and widths of utilities rights-of-way within the subdivision, indicating the name and type of utility.

I. Access. Any limitations on the right of access to and from streets, lots and other parcels of land. The location and widths of any nonaccess strips to reserve strips shall not be shown.

J. City Boundaries. All city boundaries crossing or adjoining the subdivision clearly designated and located.

(Ord. 282 § 5.2(g), 1982).

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 pursuant to Section 16.16.120, notifies the planning director and the planning commission, in the subdivider's written application, of the subdivider's intention to file multiple final maps on such tentative map; or

2. After filing of the tentative map, the planning commission by resolution, and the subdivider in writing, concur in the filing of multiple final maps.

B. In providing such notice, the subdivider shall not be required to define the number or configuration of the proposed multiple final maps.

C. The filing of a final map on a portion of an approved or conditionally approved tentative map shall not validate any part of such tentative map.

D. The right of the subdivider to file multiple final maps shall not limit the authority of the city to impose reasonable conditions relating to the filing of multiple final maps.

(Ord. 308 § 7, 1985: Ord. 282 § 5.3, 1982).

Subject to the requirements and limitations of the Subdivision Map Act, the certificates set forth in Sections 16.20.110 through 16.20.170 shall appear on the final map.

(Ord. 282 § 5.4 (part), 1982)

A certificate, signed and acknowledged by all parties having any record title interest in the real property being subdivided, consenting to the preparation and recordation of the final map, is required except as follows:

A. Neither a lien for state, county, municipal, or local taxes, nor for special assessments, nor a trust interest under bond indentures, nor mechanics' liens constitute a record title interest in land for purposes of this title.

B. The signature of either the holder of beneficial interest under trust deeds or the trustee under such trust deeds, but not both, may be omitted. The signature of either shall constitute a full and complete subordination of the lien of the deed of trust to the map and any interest created by the map.

C. Signatures of parties owning the following types of interests may be omitted if their names and the nature of their respective interests are stated on the final map:

1. Rights-of-way, easements or other interests which cannot ripen into a fee, except those owned by a public utility or public entity;

2. Rights-of-way, easements or reversions, which by reason of changed conditions, long disuse or laches appear to be no longer of practical use or value and signatures are impossible or impractical to obtain. A statement of the circumstances preventing the procurement of the signatures shall also be stated on the map;

3. Interests in or rights to minerals, including but not limited to oil, gas or other hydrocarbon substances.

D. Real property originally patented by the United States or by the state, which original patent reserved interest to either or both such entities, may be included in the final map without the consent of the United States or the state thereto, or to dedications made thereon.

(Ord. 282 § 5.4(a), 1982).

A certificate signed and acknowledged as in Section 16.20.110 is required offering for dedication for public use any streets required to serve the subdivision and any other parcels of land or easements which the subdivider desires or is required to dedicate, subject to such reservation as may be contained in any such offer. An offer of dedication for street or highway purposes may include a waiver of direct access to any such street or highway from any property shown on the final map as abutting thereon.

(Ord. 282 § 5.4(b), 1982).

A certificate by the civil engineer or land surveyor responsible for the survey and final map is required, giving the date of the survey and stating that the survey was made by him or under his direction, and that the survey is true and complete, as shown. The certificate shall also state that the monuments are of the character noted and occupy the positions indicated, or that they will be set in such positions at such time as agreed upon, and that the monuments are or will be sufficient to enable the survey to be retraced. The signature of the civil engineer or land surveyor, unless accompanied by his seal, must be attested.

(Ord. 282 § 5.4(c), 1982).

A certificate for execution by the city engineer is required stating that:

A. He has examined the map;

B. The subdivision as shown is substantially the same as it appeared on the approved tentative tract map or tentative parcel map, and any approved alteration thereof;

C. All conditions of approval have been met or are guaranteed to be met;

D. That all provisions of the Subdivision Map Act and this title applicable at the time of approval of the tentative map have been complied with;

E. He is satisfied that the map is technically correct.

(Ord. 282 § 5.4(d), 1982).

A certificate for execution by the planning director is required stating that the map has been examined and conforms to the approved tentative map and conditions thereof.

(Ord. 282 § 5.4(e), 1982).

In the case of a final map, a certificate for execution by the city clerk is required, stating that the city council has found the final map to conform substantially with the approved tentative map, has approved the final map, and accepted or rejected on behalf of the public any parcels of land offered for dedication for public use in conformity with the terms of the offer of dedication.

(Ord. 282 § 5.4(f), 1982).

A certificate for execution by the county recorder is required stating that the map has been recorded in the official records of the county.

(Ord. 282 § 5.4(g), 1982).

Any parcel or easements on land shown on any final map and intended for general public use shall be offered for dedication for public use prior to the approval of the final map. Such dedication shall be made on the map or, in the case of a parcel map, by separate instrument, which instrument shall be recorded. Parcels or easements not to be offered for sale or reserved, or both, for the exclusive use of lot owners in the subdivision, their licensees, visitors, tenants and servants, or intended for other specific uses, shall be so designated.

(Ord. 282 § 5.5, 1982).

A complete and accurate survey of the land to be subdivided shall be made by a civil engineer or land surveyor in accordance with the standard practices and principles of land surveying.

(Ord. 282 § 5.6(a), 1982).

The traverse of the exterior boundaries of the subdivision, and of each block when computed from field measurements of the ground, must close within a limit of error of one (1) foot to ten thousand (10,000) feet of perimeter before balancing survey.

(Ord. 282 § 5.6(b), 1982).

Wherever the city engineer has established a system of coordinates, the survey shall be tied into such system.

(Ord. 282 § 5.6(c), 1982).

All monuments, property lines, centerlines of streets and easements adjoining or within the subdivision shall be tied into the survey.

(Ord. 282 § 5.6(d), 1982).

A. Placement. In making the survey of the subdivision, the surveyor shall set sufficient permanent monuments so that the survey, or any part thereof, may be readily retraced. Such monuments shall be set along the exterior boundaries of the subdivision at intervals not exceeding five hundred (500) feet and shall be placed at the angle points on the exterior boundary lines of the subdivision, at the intersections of centerlines of streets, and at the beginnings and ends of curves on the centerlines of streets and at such other points as may be required by the director of public works. Monuments may be placed on offset lines. Due consideration shall be given to visibility of monuments from each other. The monuments in the street areas shall be set so that tops are at least seven and one-half (7-1/2) inches below the top of finished pavement grade and enclosed in cast iron receptacles, with cast iron covers of a type acceptable to the city engineer. The receptacles shall be set flush with the top of the finished pavement grade and supported independently of the monument. Monuments at other locations shall not be placed until all grading is complete.

B. Timing of Placement. Monuments and benchmarks may be set after approval of the final map, but not later than the time of completion of subdivision improvements, if any. If the monuments are set after approval of the final map, a cash deposit or approved bond in an amount established by the city engineer shall be posted with the city clerk, guaranteeing such work. The engineer or surveyor shall certify to the city engineer that said monuments are complete. All monuments and their location shall be subject to inspection and approval by the city engineer.

C. Size and Materials. Monuments shall be either galvanized iron pipe, not less than two (2) inches in diameter and thirty-six (36) inches long; or reinforced concrete posts six (6) inches by six (6) inches in cross-section or six (6) inches in diameter and thirty (30) inches long, or an equally durable alternative approved by the city engineer. All monuments shall have a copper plate or disc securely attached to the top of the monument with a copper dowel or copper nail set in concrete or approved alternate device permanently marking the center. The registration or license number of the engineer or surveyor shall be stamped on the copper plate or disc.

D. Setting of Benchmarks. Permanent elevation benchmarks, of a type approved by the city engineer referring to the city datum or to mean sea level datum as established by the United States Coast and Geodetic Survey shall be set in the amount and locations satisfactory to the city engineer.

E. Replacement of Monuments and Benchmarks. Any monuments or benchmarks, required by this chapter, which are disturbed or destroyed before acceptance of all improvements shall be replaced by the subdivider.

(Ord. 282 § 5.6(e), 1982).

Lot corner and angle point markers shall be galvanized pipe or pin, not less than one (1) inch in diameter and twenty-four (24) inches long. They shall be driven flush with the surface of the ground at each lot corner, angle point and curve point where no monument is set. The registration or license number of the civil engineer or surveyor shall be stamped in an approved metal tag which shall be affixed to such markers. Any lot corner or angle point marker disturbed or destroyed before acceptance of all improvements shall be replaced by the subdivider.

(Ord. 282 § 5.6(f), 1982).

Upon the filing of the final map, the subdivider shall pay the required fee and post the required deposit with the city and shall submit to the city engineer the following information and materials:

A. Three (3) complete sets of blue line or black and white prints of the final map of the subdivision for checking;

B. A traverse sheet in a form approved by the city engineer giving latitudes, departures and coordinates, and showing the mathematical closure and area calculations;

C. Complete field notes, in a form satisfactory to the city engineer, showing references, ties, locations, elevations and other necessary data relating to monuments and benchmarks set in accordance with the requirements of this chapter shall be submitted to the city engineer and retained by the city as a permanent record;

D. A statement that all improvements have been completed in accordance with the plans and specifications as approved by the city engineer, or that the subdivider intends to install such improvements and will enter into agreements and post improvement security as required by this title;

E. Verification that all conditions of approval of the tentative map have been met or guaranteed to be met;

F. If the plans, profiles, cross-sections, and specifications, estimates and design calculations, such as storm drain runoff, have not been previously submitted and approved by the city engineer, the subdivider shall submit three (3) complete sets thereof, including one (1) copy of the specifications, estimates and design calculations;

G. Three (3) copies of conditions, covenants and restrictions, if any;

H. Letters from all public utilities indicating the adequacy and location of the public utility easements.

(Ord. 282 § 5.7, 1982).

A. The city engineer shall review the final map for the following:

1. Sufficiency of affidavits and acknowledgments;

2. Correctness of survey data, mathematical data and computations;

3. Compliance with the provisions of the Subdivision Map Act and this title;

4. Sufficiency and adequacy of public utility easements as evidenced by certification of such easements by the affected private utilities or public agencies.

B. One (1) copy of the final map shall be returned to the subdivider with notations as to errors or omissions or a statement by the city engineer for transmittal to the city council and city clerk with the original tracings and a complete set of blue line prints on cloth with legible original signatures on both the tracings and the prints. If the final map is found to be correct, the data shown thereon and submitted therewith are sufficient, and all applicable provisions of the Subdivision Map Act and this title have been complied with, the city engineer shall certify his approval on the original tracing and blue line cloth print of the map.

(Ord. 282 § 5.8, 1982).

A. After the final map has been checked and approved as provided above, and when all certificates, except for the approval certificate of the city clerk appearing on the final map have been signed and, where necessary, acknowledged, the city engineer shall transmit the final map to the city clerk for action by the city council.

B. The city council shall within a period of ten (10) days after the filing of the final map for approval, or at its next regular meeting, approve the final map if the map meets the requirements and conditions which were applicable to the subdivision at the time of the approval of the tentative map imposed by the Subdivision Map Act and by this title. The foregoing time limit may be extended by mutual consent of the city council and the subdivider.

C. The city council shall not approve the final map unless it finds that the proposed subdivision, together with the provisions for its design and improvement is consistent with the general plan of the city or any applicable specific plan. The city council shall deny approval of the final map if it makes any of the findings set forth in Section 16.16.230. Any such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed.

D. Concurrently with the approval of the final map the city council shall accept or reject such offers of dedication as it deems advisable. As a condition precedent to the acceptance of any roads or streets, pedestrianways, drainage channels, easements and other rights-of-way, the city council shall require the subdivider, at his option, to either improve, or in writing agree to improve the streets, pedestrianways, drainage channels, easements and other rights-of-way in the subdivision. The agreement shall be accompanied by adequate security to secure performance.

E. The city council shall not approve the final map for subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project unless it finds all of the following:

1. Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has received, pursuant to Section 66452.18 of the Government Code, written notification of intention to convert at least sixty (60) days prior to the filing of a tentative map pursuant to Section 66542 of the Government Code. There shall be a further finding that each such tenant, and each person applying for the rental of a unit in such residential real property, has, or will have, received all applicable notices and rights now or hereafter required by this title or Sections 66451 through 66469 of the Government Code. In addition, a finding shall be made that each tenant has received ten (10) days' written notification that an application for a public report will be, or has been, submitted to the department of real estate, that the period for each tenant's right to purchase begins with the issuance of the final public report, and that such report will be available on request. The subdivider shall also give written notice that the public report from the department of real estate has been received within five (5) days from receipt. 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 and the requirements of Section 66427.1 of the Government Code.

2. Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given written notification within ten (10) days of approval of a final map for the proposed conversion.

3. Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given one hundred eighty (180) days' written notice of intention to convert prior 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 provision of services, payment of rent or the obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code.

4. Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit 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 ninety (90) days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right.

5. This section and Section 16.20.280 shall not diminish, limit or expand, other than as provided in these sections, the authority of any city, county, or city and county to approve or disapprove condominium projects.

(Ord. 282 § 5.9(a), 1982).

(Ord. No. 566, § 8, 10-7-13)

The documents listed in this section shall be transmitted to the city clerk at the time the final map is transmitted for action by the city council.

A. Certificate Regarding Tax Lien. Prior to the filing of the final map with the city council, the subdivider shall file the certificates and documents set forth in Sections 66492 through 66494, inclusive, of the Government Code, or any amendments thereto, relating to taxes, assessments and liens.

B. Improvement Agreement. In the event that the improvements required under this chapter have not been installed to the satisfaction of the city engineer at the time of the filing of the final map, the subdivider shall execute and file with the city clerk an agreement between himself and the city providing that within a specific period to be determined by the city engineer he shall construct to completion all improvements and work in accordance with plans on file with and to the satisfaction of the city engineer. Such agreement shall require the subdivider to be responsible for control of erosion on the site of the subdivision and to prevent its entry into the storm drainage system. The subdivider shall submit to the city engineer a plan for such erosion control prior to the consideration of the final map. The improvement agreement shall also prescribe that the subdivider shall repair any damage to a public road, street and any other public or private property or improvement which results from or is incidental to the construction of improvements in the subdivision, or that, in lieu of making such repairs, the subdivider shall pay to the owner or the city the full cost thereof. The subdivider shall file with the city clerk, at the same time, a performance bond or other improvement security as required pursuant to Chapter 16.28.

C. Title Guarantee. The subdivider shall furnish a guarantee of title or a letter from a competent title company certifying that the signatures of all persons whose consent is necessary to pass a clear title to the land being subdivided and all acknowledgments thereto appear on the proper certificates and are correctly shown on the map, both as to the consents to the making of such map and the affidavits of dedication, where necessary. Such guarantees shall be issued for the benefit of the city and shall continue to be in effect up to the time of recordation of the map.

D. Deeds. The subdivider shall furnish grant deeds for any land or easements required as part of the subdivision which are not shown on the final map.

(Ord. 282 § 5.9(b), 1982).

Subsequent to the approval of the final map by the city council, the city clerk or a designated representative thereof shall transmit the final tract map to the county recorder.

(Ord. 282 § 5.10, 1982).

A. The city clerk shall present to the county recorder evidence that upon the date of recording, the public records show that the parties consenting to such recording are all of the parties having record title interest in the subdivision whose signatures are required pursuant to the Subdivision Map Act and this chapter. There shall be filed with the county for recording, the original tracings and one (1) complete set of blue line prints on cloth showing all certificates, affidavits and original signatures. All recording fees shall be paid by the subdivider.

B. After recording, two (2) sets of blue line or black line prints on cloth and one (1) set of reproducible tracing on mylar shall be procured for the city and shall be paid for by the subdivider. In addition, two (2) copies of such recorded conditions, covenants and restrictions as the subdivider may have caused to have been recorded shall be included with the sets of blue or black line prints.

(Ord. 282 § 5.11, 1982).