Contra Costa County Municipal Code Ch. 94-4 Final Maps and Parcel Maps

A final map shall be submitted for approval for all subdivisions creating five or more lots, five or more condominiums as defined in Section 783 of the Civil Code, or a community apartment project containing five or more lots, except as provided in Government Code Sections 66426 and 66426.5.

A parcel map shall be submitted for approval for all subdivisions as to which a final map is not otherwise required by this title. Notwithstanding the foregoing, a parcel map shall not be required for (1) subdivisions of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code, which are created by short-term leases (terminable by either party on not more than thirty days' notice in writing), or (2) land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates such a parcel map.

The form and contents of the final map or parcel map shall be in conformance with the Subdivision Map Act and this title.

(Ords. 85-75 § 4, 78-5: see Gov. C. § 66428).

The boundary of the subdivision shall be designated by a solid black line one-sixteenth inch wide.

(Ord. 78-5).

On final maps, each lot shall be numbered, beginning with number "1" and continuing consecutively with no omissions or duplications.

On parcel maps, each lot shall be lettered, beginning with letter "A" and continuing consecutively with no omissions or duplications.

All figures shall be conspicuous and solid. Circles or other designs shall not be drawn around the lot numbers or letters. Each lot must be shown entirely on one sheet of the map. Dimensions of lots shall be given as the net dimensions to the boundaries of adjoining streets.

(Ord. 78-5).

The title sheet shall contain the subdivision number, conspicuously placed at the top of the sheet, 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. A subdivision name may be added below the subdivision number. The subdivision number shall be larger print and dominant to any name title. In case the property included within the subdivision lies wholly in unincorporated territory, the following words shall appear in the titles: "In the County of Contra Costa." If partly in unincorporated territory and partly within an incorporated city, the following words shall be used: "Lying within the County of Contra Costa and partly within the City of . . . . . . . . . ." (Ord. 78-5).

Affidavits, certificates, acknowledgments, endorsements, acceptances of dedication, and the notarial seals required by law and this title shall appear only once on the title sheet. The above certificates, etc., may be printed thereon with opaque ink and by photographic reproduction. Black ink shall be used for all signatures and seals. If more than three sheets are used, a key diagram shall be included on the first sheet. Where recommended by the public works department and approved by the board of supervisors, the requirements for owner's certificates on a parcel map may be waived.

(Ord. 78-5).

There must appear on each map sheet the scale, the north point, and the basis of bearings. The scale shall be forty feet, fifty feet, or sixty feet to the inch or as approved by the public works department. The basis of bearings shall be that approved by the public works department and the map shall show the equation of bearing to the true north. All bearings shall be based on the California Coordinate System, Zone III.

(Ord. 78-5).

(a) Easements for roads or streets, paths, storm water drainage, sanitary sewers, or other public use as may be required by a public agency, shall be dedicated to the public for future acceptance by a public agency, and the use shall be specified on the map.

(b) Easements for an existing or proposed utility installation for the use of a private or nongovernmental agency shall not be shown on the map unless there is a recorded conveyance to such individual or corporation, except as provided in subsection (d) of this section.

(c) 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.

(d) 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.

(e) The sidelines of all easements of record shall be shown by dashed lines on the map with the widths, lengths and bearings of record.

(Ord. 78-5).

Sufficient linear, angular, and radial data shall be shown to determine the bearings and lengths of the boundary lines of the subdivision and of the boundary lines of every lot and parcel which is a part thereof. Length, radius, and total central angle or radial bearings of all curves shall be shown.

(Ord. 78-5).

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 such subdivision is adjacent, then by the name of the owner and reference to the recorded deed by book and page number for the last recorded owner of such adjacent property.

(Ord. 78-5).

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

(Ord. 78-5).

The location and description of all existing and proposed monuments shall be shown. Adequacy of monumentation shall be determined by the public works department.

(Ord. 78-5).

When a soil report has been prepared, the certificate required by Section 94-4.420 shall be noted on the map.

(Ord. 78-5).

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. No ditto marks shall be used in the dimensions and data shown on the map.

(Ord. 78-5).

Article 94-4.4. Supplementary Documents

The final map or parcel map shall be accompanied by the documents designated in Sections 94-4.404 through 94-4.414, which shall be approved by proper authorities before the final map or parcel map is approved. A soil report conforming to the requirements of Section 94-4.420 of this title may be required by the advisory agency as a condition of approval of the tentative map for a subdivision of four lots or less.

(Ord. 78-5).

A subdivision agreement shall be executed by the subdivider or the subdivider's agent guaranteeing the completion of construction of improvements required by the county code and reviewed plans within a specified time, and payment therefor. The subdivision agreement shall guarantee that all street and storm drain improvements and equipment deemed necessary for the use of such subdivision or the proper drainage thereof and including, but not limited to, street surfacing, sidewalk, curbs, culverts, bridges, and storm drains shall be free from defects of material or professional services rendered and shall perform satisfactorily for a period of at least one year from and after the board of supervisors declares such improvements are complete.

The subdivider shall agree to repair any defect in any such improvement and to replace any defective improvement which cannot be repaired and which occurs within the one-year period, at the subdivider's own expense.

The one-year guarantee period shall not apply to the improvement of a private road, which is to remain a private road.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 78-5).

A cash deposit, equal to one percent of the estimated cost of construction of the improvements, but not less than one thousand dollars, shall be required, together with such additional security in the form of cash deposit, acceptable surety bond, or acceptable instrument of credit equivalent to the estimated cost of the improvement or the act to be performed, minus the cash deposit, guaranteeing performance of all work and repair of any defect in the improvements which occurs within one year of the acceptance of the work as complete, as set forth in the subdivision agreement. When there are no public improvements involved and the total cost of the private road improvements is less than one thousand dollars, the agreement shall be secured by a cash deposit in the full amount of the estimated cost. Upon acceptance of the work as complete, a new acceptable security guaranteeing the repair of any defective work may be substituted for the performance security. The new security shall include the cash deposit described above and shall be not less than said cash deposit or fifteen percent of the estimated cost of the construction of the improvements, whichever amount is greater, and shall be retained for the one-year guarantee period.

(Ord. 78-5).

Security in the form of cash deposit, acceptable surety bond, or acceptable instrument of credit equivalent to fifty percent of the estimated cost of the improvement or the performance of the required act, shall be required to secure payment to the contractor, the contractor's subcontractors and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act. Six months after the acceptance of the work as complete, said payment security may be reduced to an amount not less than the total of all claims on which an action has been filed and notice thereof given in writing to the legislative body; and if no such actions have been filed, the security may be released in full.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 78-5).

In lieu of complying with Sections 94-4.404 through 944.408, the subdivider of a minor subdivision may defer the installation of drainage facilities by granting to the county a deed of development rights in a form satisfactory to the public works director. The deed of development rights shall prohibit any development, construction or major surface alteration within the minor subdivision and shall prohibit any development, construction or major surface alteration within the minor subdivision and shall relinquish any rights to obtain building, mobilehome or grading permits until the required drainage facilities have been installed or assured pursuant to Section 94-4.404. Before any deferral shall be granted under this section, the advisory agency shall make all of the findings set forth in Section 92-6.002.

(Ord. 88-45 § 2).

Evidence of cash payment of all fees required for the checking and filing of maps, review of the improvement plans, inspection of the construction, park dedication fees, road, bridge or storm drainage improvement area fees, fire hydrant rental fees and lighting fees shall be required.

(Ord. 78-5).

Easements or rights-of-way required for road or drainage purposes which have not been dedicated on the final map or parcel map shall be deeded. Written evidence acceptable to the county 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 shall be required.

(Ord. 78-5).

Whenever improvements are required to be constructed outside of the subdivision, the subdivider shall:

(1) Furnish proof satisfactory to the public works department that the subdivider or county has sufficient title or interest in said property to permit the improvements to be made; or

(2) If the public works department determines that neither the subdivider, nor the county, has sufficient title or interest in said property, furnish all of the following:

(A) The names and addresses of the current owners of record of the property and a legal description (metes and bounds) and plat map (drawn to scale) of the property proposed to be acquired by eminent domain,

(B) Proof satisfactory to the public works department of full compliance with the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.), (Government Code, § 7260 et seq.) in connection with the proposed acquisition,

(C) A current title report and appraisal of the property, in a form and by an appraiser approved by the public works department,

(D) A written statement of all offers made to obtain the property by negotiation and copies of all correspondence relating to offers and responses, including evidence of an offer which satisfies the requirements of Government Code Section 7267.2,

(E) A fully executed agreement, in a form approved by the county counsel, under which the subdivider agrees to pay all costs for acquisition of the property, to post a cash deposit and security bond in the amounts approved by the public works department and specified in the agreement and to comply with the agreement's other terms.

(F) The cash deposit(s) and security bond required by the agreement.

(Ord. 89-28; Gov. Code, § 66462.5).

Agreements, acceptable to the county, executed by all owners of all utility and other easements within proposed rights-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 county for the public use and convenience of the road, shall be required.

(Ord. 78-5).

In addition to those documents specified in Sections 94-4.402 through 944-414, the final map shall be accompanied by the documents designated in Sections 94-4.418 and 94-4.420, which shall be approved by appropriate authorities before the final map is approved.

(Ord. 78-5).

A letter from the tax collector showing that all payable taxes and special assessments have been paid and giving the tax collector's estimate of taxes and assessments not yet payable and, as applicable, an acceptable surety bond or acceptable instrument of credit for their payment (where required by Government Code Section 66492) shall be filed with the clerk of the board of supervisors.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 78-5).

Two copies of a preliminary soil investigation report to the building inspection department shall be required unless waived because the building inspection department has determined that, due to the knowledge it has of the soil qualities within the subdivision, no preliminary analysis is necessary.

The report shall indicate the presence of any critically expansive soils or any other soil problems which, if not corrected, may lead to defects in structures, buildings or other improvements. If the report indicates such soil problems, it shall further report on an investigation of each lot of the subdivision, including recommended corrective action which is likely to prevent structural damage to each building, structure, or improvement to be constructed.

It shall also report on the suitability of the earth material for construction of stable embankments and excavation slopes, including those necessary for any artificial or natural drainage channel; recommendations for construction procedures to obtain required stability; maximum design velocities for any natural or artificial drainage channel; and any other geologic features, slides, unstable soil conditions, springs and seepage conditions, erosion control planting, or drainage facilities to enable proper development of the subdivision.

The "preliminary soil report" shall be prepared on eight and one-half inch by eleven-inch paper of durable quality and any map or document which accompanies the report shall be of a convenient size and scale to fold to eight and one-half inches by eleven inches.

If the building inspector, or the building inspector's designated representative, determines that the report is complete and that the recommended action and procedures contained in the report are likely to prevent structural damage to buildings, structures or improvements to be constructed within the subdivision, the building inspector shall approve the report and shall certify on the final map or parcel map that a preliminary soil investigation report has been prepared, together with the date of the report and the name of the soil engineer preparing the report and shall state that the report has been approved and is on file in the building inspection department. The recommended actions and procedures contained in the report shall become a condition of approval and shall be incorporated in the development of the subdivision.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 78-5).

Article 94-4.6. Checking

The subdivider shall submit three sets of prints of the map and certificate sheet to the public works department for checking purposes before the certificates on the original tracings are executed. The preliminary prints shall be accompanied by a current preliminary title report, furnished by the applicant and acceptable to the public works department; by traverse sheets prepared by the subdivider's engineer, showing the mathematical closure of the subdivision's exterior boundaries; and by a checking fee as established and adopted by the board of supervisors from time to time by resolution.

(Ord. 78-5).

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

(Ord. 78-5).

The public works department, within ten working days, shall note the required corrections, if any, on one set of the preliminary prints and return them to the engineer or surveyor for revision of the maps.

(Ord. 78-5).

Article 94-4.8. Approval

The original tracing and one set of prints of the revised map prepared in accordance with the Subdivision Map Act and this title and corrected to its final form, and signed by all parties required by the Subdivision Map Act and this title to execute the certificates on the map, together with all supplementary documents and fees, shall be presented to the public works department for filing. If the map, all documents and fees are determined to be satisfactory, the public works department, within ten calendar days following receipt, shall present them to the board of supervisors for approval. The board of supervisors, within a period of ten calendar days after the filing of the final map or parcel map with the public works department, or at its next regular meeting after the meeting at which it receives the map, whichever is later, shall approve the map if it conforms to all requirements of law and this title. The board shall not approve the map unless it shall find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the applicable general and specific plans required by law. In the event the final or parcel map is disapproved, the board shall set forth the basis of its action and identify the requirements or conditions which have not been met or performed. At the time of its actions thereon, the board shall accept, accept subject to improvements, or reject any or all offers of dedication of streets and other easements.

On approval of any final map or parcel map, the clerk of the board of supervisors shall release the map to the subdivider's title company for ultimate transmittal to, and filing with the county recorder. In addition to the original tracings, the subdivider's title company shall provide the county recorder with a blue line print on linen of each sheet.

(Ord. 78-5).

The time limit for recording the final map or parcel map shall be twelve months, commencing with the approval of the tentative map by the advisory agency, unless an extension of time is granted pursuant to Section 94-2.610.

(Ord. 78-5).

The subdivider shall present to the recorder the evidence of title required by the Subdivision Map Act and this title.

(Ord. 78-5).

The subdivider may elect to file 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 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. 78-5).

Article 94-4.10. Urban Lot Split

This article implements Government Code Section 66411.7 to provide an alternative method to subdivide a parcel located within a single-family residential zoning district or planned unit district for the purpose of housing development.

(Ord. No. 2023-19, § III, 10-24-23; Ord. No. 2022-14, § VI, 3-29-22).

(a) A parcel map for an urban lot split must be prepared by a registered civil engineer or licensed land surveyor in accordance with Government Code Sections 66444 through 66450 and this article. A fee in an amount established by the Board of Supervisors must be paid concurrently with the submission of the parcel map.

(b) The following supplemental information must be submitted with a parcel map application for an urban lot split:

(1) A map of appropriate size and to scale showing all of the following:

(A) Total area (in acreage and square feet) of each proposed lot.

(B) The location and dimensions of existing and proposed property lines.

(C) Zoning district.

(D) The location and use of all existing and proposed structures.

(E) All required zoning setbacks for the existing and proposed lots.

(F) The location of all existing water, sewer, electricity, storm drain, or gas service lines, pipes, systems, or easements.

(G) The location of all proposed new water, sewer, electricity, storm drain, or gas service lines, pipes, or systems.

(H) The location of any proposed easements for access or public utilities to serve a lot created by the subdivision.

(I) Any area of the parcel that is a watercourse by delineating the flow line and top of bank of the watercourse.

(J) The name and dimensions, including right-of-way and improved area, of public and private streets adjoining the parcel.

(K) The location of existing or proposed driveway dimensions, materials, and slope (including cross slope).

(2) A preliminary drainage plan.

(3) A statement of the owner, signed under penalty of perjury under the laws of California, that declares all of the following:

(A) The proposed urban lot split will not require or authorize demolition or alteration of any of the following types of housing:

(i) A residential unit that is a deed-restricted below-market-rate residential unit.

(ii) A residential unit that is subject to any form of rent or price control.

(iii) A residential unit that has been occupied by a tenant in the last three years.

(B) The parcel was not established through any prior exercise of an urban lot split under this article.

(C) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel under the provisions of this article.

(D) The owner intends to occupy one of the residential units located on a lot created by the parcel map as their principal residence for a minimum of three years after the date the parcel map was recorded.

(E) No residential unit on any lot created by the subdivision will be rented or offered for rent for a term of less than 30 days.

(F) The uses allowed on a lot created by the parcel map will be limited to residential uses.

(4) Any other information as required by the planning department.

(Ord. No. 2022-14, § VI, 3-29-22)

A parcel map for an urban lot split will be approved ministerially without discretionary review or public hearing by the Board of Supervisors if the Board determines that the parcel map meets all of the requirements of this article and Government Code Section 66411.7. A tentative parcel map is not required for an urban lot split.

(Ord. No. 2022-14, § VI, 3-29-22)

A parcel proposed for subdivision under this article must meet the following location requirements:

(a) The parcel is located in a single-family residential zoning district (R-6, R-7, R-10, R-12, R-15, R-20, R-40, R-65, and R-100), or in a planned unit (P-1) district that allows for an urban lot split under this article.

(b) The parcel is located within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.

(c) The parcel meets the requirements of Government Codes Section 65913.4(a)(6)(B)—(K).

(d) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined by Public Resources Code Section 5020.1, or in the County Historic Resources Inventory, as designated by the Board of Supervisors.

(Ord. No. 2023-19, § IV, 10-24-23; Ord. No. 2022-14, § VI, 3-29-22).

(a) A parcel map may subdivide an existing legal parcel to create no more than two new lots of approximately equal lot area. Each resulting lot may not be smaller than forty percent of the area of the original parcel proposed for subdivision, and neither resulting lot may be smaller than one thousand two hundred square feet.

(b) Each lot must be served by a separate water service meter and a separate sewer connection.

(c) Each lot must collect and convey all stormwater entering or originating on the lot, without diversion and within an adequate storm drainage system, to an adequate natural watercourse having definable bed and banks, or to an existing adequate public storm drainage system which conveys the stormwater to an adequate natural watercourse, in accordance with Division 914 of the Ordinance Code. All storm drainage facilities must be designed and constructed in compliance with this code and Public Works Department design standards.

(d) The applicant shall comply with all applicable rules, regulations, and standards of the County's National Pollutant Discharge Elimination System (NPDES) permit as required by Division 1014.

(e) On-site frontage improvements, including curbs and sidewalks, shall be provided as required by Section 96-14.002. No off-site frontage improvements shall be required.

(f) Development rights shall be dedicated or conveyed as required by Chapter 914-14.

(g) The placement of lot lines may not result in an accessory building on a lot without a primary building on the same lot.

(h) Lot lines may not render an existing structure as nonconforming in any respect (e.g. setbacks, yard, lot coverage, parking), nor increase the nonconformity of an existing nonconforming structure.

(Ord. No. 2023-19, § V, 10-24-23; Ord. No. 2022-14, § VI, 3-29-22).

Each lot must front upon or have access to a public street, or be served by an access easement serving no more than two lots. Access must be provided in compliance with these standards:

(a) Vehicle access easements serving a maximum of two residential units must have a minimum width of 12 feet, unless a wider driveway is required by the California Fire Code.

(b) Vehicle access easements serving three to four residential units must have a minimum width of 25 feet.

(c) Vehicle access easements may not be located closer than 25 feet to an intersection.

(d) If a vehicle access easement length is more than 75 feet, a vehicle turnaround must be provided.

(e) Surfacing of easements and turnaround dimensions must meet the requirements of the California Fire Code and this code.

(Ord. No. 2022-14, § VI, 3-29-22)

(a) The content and form of a parcel map must meet all the requirements of Government Code Sections 66444 through 66450.

(b) Except as otherwise provided in this article, a parcel map must meet all the applicable requirements of Chapter 94-4.

(c) The parcel map must show all easements for public utilities necessary to serve each lot created by the subdivision.

(d) The parcel map must show all easements necessary to provide each lot with access as required by this article.

(e) The parcel map shall contain a declaration of each of the following:

(1) Each lot created by the parcel map must be used solely for residential uses.

(2) No more than two single-family dwellings are permitted on each lot.

(3) Neither an accessory dwelling unit nor junior accessory dwelling unit is permitted on a lot that includes two single-family dwellings.

(4) No residential unit on a lot created by the parcel map may be rented or offered for rent for a term of less than 30 days.

(Ord. No. 2022-14, § VI, 3-29-22)

(a) No development, including grading or vegetation removal, may commence on either lot, concurrent with or subsequent to an urban lot split, unless the development is approved with a valid urban housing development permit under Chapter 88-36.

(b) Neither an urban housing development permit nor a building permit for development on a lot created by an urban lot split will be issued until the parcel map is recorded.

(Ord. No. 2022-14, § VI, 3-29-22)

A lot created by a parcel map under this article may not be further subdivided.

(Ord. No. 2022-14, § VI, 3-29-22)