Chapter 26.08 — TENTATIVE AND FINAL MAPS

The subdivider shall file three copies and one reproducible tracing thereof of every tentative map with the city engineer. (1941 Code § 1989, Ord. 541, (1953); Ord. 1032 § 4, (1975))

Within 50 days after the tentative map has been filed, the commission shall report on the proposed subdivision and shall recommend approval, conditional approval or disapproval and shall submit a report of its findings to the council.

A report as to conformity to the general plan, required pursuant to Section 65402 of the Government Code, may be included as part of and at the same time as the action taken by the commission on such division of land. Such report is not required for a proposed subdivision which involves:

(a) The disposition of the remainder of a larger parcel which was acquired and used in part for street purposes;

(b) Acquisitions, dispositions or abandonments for street widening; or

(c) Alignment projects; provided that the advisory agency expressly finds that any such disposition for street purposes, acquisitions, dispositions, or abandonments for street widening, or alignment projects is of a minor nature. (1941 Code § 1990, Ord. 541, (1953); Ord. 1032 § 5, (1975))

At its next regular meeting following the filing of the commission's report, the council shall fix the hearing date at which the tentative map will be considered by it, which date shall be within 30 days thereafter. Notice shall be given to the subdivider at least five days before the hearing.

At the hearing the council shall hear testimony of the subdivider and witnesses in his or her behalf, and the testimony of representatives of the commission and any witnesses in its behalf. The council may also hear the testimony of any other competent persons. Testimony shall include matters respecting the character of the neighborhood in which the subdivision is to be located, the kinds, nature and extent of the improvements, the quality and kinds of development to which the area is best adapted, and any other phase of the matter into which it may wish to inquire.

Upon conclusion of hearing and within the 30 days after the hearing is fixed, the council shall approve, conditionally approve or disapprove the tentative map, and make such findings as are appropriate and not inconsistent with the provisions of the Map Act or this title.

Each or all of the time limits may be extended by mutual consent of the subdivider and the commission or council, as the case may be. If no action is taken within the time limits, or the time so extended, the tentative map shall be deemed approved and the clerk of the council shall certify such approval.

(Ord. 1032 § 6, (1975))

After the approval, or conditional approval, of the tentative map, the subdivider may survey the subdivision or any part thereof, and prepare a final map in accordance with the approved tentative map. He or she shall file the final map with the council within 90 days after the approval of the tentative map. An extension of 90 days may be granted by the council upon application by the subdivider.

The council shall within 10 days after the filing of the final map, or at its next regular meeting after the meeting at which it receives the map, whichever is later, consider the final map. If the final map then meets all of the requirements of the Map Act and of this code, and the rulings of the commission and the council, the council shall then approve the final map.

The council shall at that time also accept or reject any or all offers of dedication, and shall, as a condition precedent to the acceptance of any streets or easements, require that the subdivider, at its option, either improve or agree to improve the streets and easements, install sanitary sewers, storm drainage systems, lighting systems and water supply systems, all in accordance with standards established under this code. (1941 Code § 1911, Ord. 541, (1953); Ord. 1032 § 7, (1975))

Regulations covering the nature, accuracy and completeness of survey are established and the city engineer is designated as the official to whom maps shall be submitted for checking before submission to the commission and council. The regulations are as follows:

(a) The tentative map shall indicate the width and approximate grades of all streets, highways
or ways shown thereon, radius of all curves, approximate dimensions of all lots, relation of
proposed streets and ways to existing streets, approximate location and cross-sections of all
watercourses, approximate location of all easements for sewers, drainage and public
utilities, proposed name of tract or title of maps, and proposed street names and system of
numbering lots and blocks.

The tentative map shall show thereon, or be accompanied by reports and written statements
from the subdivider giving essential information regarding the following matters: (1)
source of water supply; (2) type of street improvement and utilities which the subdivider
proposes to install; (3) proposed method of sewage disposal; (4) proposed stormwater
sewer or other means of drainage; (5) protective covenants to be recorded; (6) proposed
tree planting; (7) detailed grading plan of area to be subdivided where cuts and fills are to
be made.

(b) The final map when submitted shall be accompanied by at least three blueline prints thereof
and shall be accompanied by: (1) a title guarantee or letter from a reputable title company
showing clear evidence of ownership; (2) tax receipts and special assessment receipts or
clear evidence that all taxes and special assessments have been paid; (3) traverse sheet
showing the mathematical closure of outside boundaries of the tract and of each lot and
block thereof.

(c) Title sheet shall contain the title, name of the tract, name of the city and of the county, a
"subtitle" or description of all the property being subdivided, by reference to maps which have previously been recorded or by reference to a plat of the U.S. survey. References to
tracts and subdivisions in the description must be spelled out and worded identically with
the original records and reference to book and page of record must be complete.

The name of licensed surveyor or engineer, date of survey, scale and basis of bearings must be shown. Every sheet must show the title, scale, north point and sheet number and the relation between the different sheets shall be shown. Sheets shall be eighteen inches by 26 inches, drawn in black waterproof ink on good tracing cloth. There shall be a border of two inches on the left and one inch on the other three sides. The number of each sheet and the total number of sheets comprising the map shall be stated on each sheet, and its relation to each adjoining sheet shall be clearly shown. Scale shall be not less than 100 feet to the inch.

(d) Lots shall be numbered in numerical order commencing with the numeral "1″ with no omissions. There must be no duplication of numbers in any block. No prefix or suffix as "1-A," "8-2," etc. is allowed. Blocks shall be either numbered or lettered in numerical or alphabetical order commencing with either the numeral "1" or letter "A." Such letters or numbers shall be shown clearly and must not be so drawn as to obliterate any dimensions or courses. Blocks must be shown entirely on one sheet. Streets shall be named and each name shall be submitted for approval by the city engineer and chief of the fire department.

The bearing and length of every lot line, block line and boundary line and the length, radius, tangent, arc, length and central angle of all curves, and the bearing of radial lines to each lot corner on a curve must be shown.

(e) The map shall show the total width of all streets; the width of existing dedications and of the portions being dedicated; the width of each side of a centerline where one is shown; the widths of railroad right-of-way, easements for flood control, and drainage channels and any other easement.

Easements for storm drains, sewers, and for light and air (setback lines) shall be denoted by fine dotted lines. Distances and bearings on the side lines of lots which are cut by any such easement must be arrowed or so shown that the map will indicate clearly the actual length of the lot lines. The width of the easement or the length and bearings of the lines thereof and sufficient ties thereto to locate definitely the easement with respect to the subdivision must be shown. The easement must be clearly labeled and identified and, if already of record, its recorded reference given.

If the easement is being dedicated by the map, it shall be properly set out in the owner's

certificate and dedication. Before recording, the map shall be certified by the chairperson and secretary of the planning commission, the city engineer, and the city clerk on behalf of the council.

Affidavits, certificates and acknowledgements may be legibly stamped or printed upon the map with opaque ink or lettered legibly with black India ink. All legal forms and notes used in certificates, etc., are subject to approval by the city attorney.

(f) Permanent monuments shall be set at all boundary corners and angle points and, in case of long tangents, at intervals of approximately 1,000 feet. Within the subdivision, monuments shall be set on long tangents at intervals no greater than one thousand feet (1,000), and at the beginning and end of all curves. Monuments are subject to approval by the city engineer before approval of the map and must be so designed that they will be readily available for inspection after the completion of the subdivision. Monuments shall be placed at the intersection of center lines of streets and at the beginning and end of curves of streets.

All such monuments together with stakes, monuments and evidences found on the subdivided area, shall be clearly shown on the map.

The exterior boundary of the land included within the subdivision shall be indicated by a colored border. The corners of adjoining subdivisions or portions thereof shall be so shown as to identify the tract in relation to adjoining subdivisions and streets.

(g) The survey procedure and practice shall conform with the standards of the city engineer. If any shortage or excess is found on the ground between monuments, compared with the original record, any division of the total must bear its proportion of the excess or shortage.

(h) Upon adoption and recording of final map, five blue-line print copies, one of which shall be upon cloth, shall be filed in the office of the city engineer. (1941 Code § 1992, Ord. 541, (1953))

If at the time of filing the final map, the streets depicted upon the final map, or some thereof, shall already be improved by street surfacing, curbs, culverts, bridges, drains or other structures necessary to use of such streets, or to the proper drainage thereof, and such other improvements as are hereinafter described, in accordance with city requirements, then and in that event the subdivider shall, prior to the approval of the final map, enter into an agreement with the city whereby, in consideration of the acceptance by the city of the streets offered for dedication, such subdivider shall agree to furnish the labor, material and equipment necessary therefor, and to complete the work within a certain time specified in the agreement.

In order to insure the city that this work will be duly completed, the subdivider shall furnish a good and satisfactory bond guaranteeing the faithful performance of the work and any repairs and replacements, or the cost of such repairs and replacements, together with a deposit for utilities hereinafter mentioned in a sum equal to the estimated cost of such improvements and shall also file a good and sufficient bond for the security of material and labor in a sum equal to one-half of the estimated cost thereof. The bonds and guarantees shall remain in effect for a period of one year following the completion of the work in order to insure against errors or inadequacies in the work. Such bonds must be furnished by a surety company and be approved by the city attorney or in lieu thereof, each bond must be signed by two good and sufficient sureties who must meet the requirements for sureties of the statutes of the state of California satisfactory to the city attorney. Such sureties may be required to justify before him or her. The agreement must show the names of all streets to be improved, and the bonds themselves shall be signed by the record owners of the subdivision, as principals on such bonds.

The subdivider may, in lieu of the aforesaid contract, furnish the city with a good and satisfactory agreement, by which he or she shall agree within such time as may be required by the council, to initiate, and so far as may be within his or her power, to consummate proceedings under an appropriate special assessment act or ordinance for the formation of a special assessment district covering such subdivision, or part thereof, for the financing and construction of the designated improvements upon the streets, highways, and ways dedicated upon such map together with the necessary improvements for water supply, drainage, sewerage and lighting required by the council.

Either of these contracts shall include, as a part thereof, an agreement to replace, repair, or to pay to the owner the entire cost of replacement or repairs, any and all property damaged or destroyed by reason of such work done, whether the property be owned by the United States, the state of California, the city of Burlingame, a public or private corporation, any person whomsoever, or any combination of such owners.

The subdivider shall further therein agree to file with the city clerk, prior to the commencement of such work, a written statement signed by the subdivider and each public utility corporation involved to the effect that the subdivider has made the deposit legally required by such public utility for the connection of any and all public utilities to be supplied by such corporation within such subdivision. (1941 Code 1993, Ord. 541, (1953))

The street layout of any subdivision shall conform as far as is practicable with other streets and highways in the immediate vicinity, and the streets and highways shown upon each subdivision map shall be in alignment with existing adjacent streets and in general conformity with the plan made for the most advantageous development of the area. Where a new subdivision adjoins acreage likely to be subdivided later, all new streets may be required to be dedicated through to the boundary lines of the tract. Whenever a dead-end street or cul-de-sac is shown on a subdivision map, an adequate turning circle will be required. (1941 Code § 1944 (a), Ord. 541, 1953))

The city council may disapprove a tentative or final map or maps of a subdivision where flood hazard or inundation may be expected to occur and require protective improvements to avoid such hazards as a condition precedent to approval of such map or maps. Such protective improvements as may be recommended by the city engineer and required by the city council shall become a part of the agreement for subdivision improvement. (1941 Code § 1994 (b), Ord. 541, (1953))

No parcel containing a creek or any area within the 100-year-flood or flow depth lines of a creek shall be subdivided unless each resulting lot has frontage on a public street and unless at least 60% or more of each resulting lot is contiguous land beyond the 100-year-flood or flow depth line of said creek.

For the purposes of this section: (a) a creek is defined as one of those watercourses so designated and detailed in the large scale map in the city engineer's office titled "1989 Creek Map," based upon the Storm Drainage Study, Project, No. 910, and dated January 16, 1989; (b) the 100-year- flood or flow depth line shall be determined by the city engineer, based upon said Storm Drainage Study and such other information as he or she may require from the subdivider. (Ord. 1407 § 1, (1990))

Dedication of all streets, highways, public ways, easements for utilities and storm drains, and public planting strips, where such dedications are necessary for public use, shall be required as a condition precedent to the approval of the final map or maps. (1941 Code § 1944 (c), Ord. 541, (1953))

width and area.

Street alignment, grades and widths of easements and rights-of-way for drainage and sanitary

sewers shall be shown on the map and must comply with the requirements of this code. Minimum lot width and area shall comply with the requirements of this code. (1941 Code § 1944 (d), Ord. 541, (1953))