Del Mar Municipal Code Ch. 24.54 Major Subdivision: Final Map Procedure

After the approval or conditional approval of a tentative map and prior to the expiration of such map, a subdivider may cause the real property included within the map, or any part thereof, to be subdivided by complying with the procedures contained in this Chapter. (Government Code § 66456)

(Ord. No. 396)

The subdivider may file multiple final maps prior to the expiration of the tentative map in accordance with Section 66456.1 of the Act.

The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall be based upon a field survey, and shall conform to all of the requirements of Section 66434 of the Act.

Every final 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. Show the basis of bearings used, the relationship of said bearings to the true meridian, and the north arrow of said map shall appear on each street thereof.

C. Show the acreage of all parcels to the nearest hundredth, and corresponding square footage.

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 is subject to flooding at time 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 said map from public streets, and clearly designate their nature and the manner in which the right is reserved or granted.

Every final map shall:

A. Indicate the centerline data, width and side lines of all easements to which the real property is subject or will be subjected by the approval of the final map.

B. Easements for storm drains, sewer 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. Easements for public utility companies 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 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. Dimensions of lots shall be net dimensions, and no ditto marks shall be used.

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 the subdivisions.

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 the case of successive subdivisions of the same basic name, the numbering may be successively extended from the previous subdivision bearing the same general name.

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 map shall bear the following certificates or endorsements:

A. A certificate by the City Treasurer and the County Director of Sanitation and Flood Control, where applicable, to the effect that there are no unpaid special assessments or bonds which may be paid in full shown by the records in their offices against the subdivision or any part thereof.

B. A certificate 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. (Government Code § 66492)

C. Certificate of the County Recorder as to the filing of the map.

D. A certificate signed and sealed by the engineer-surveyor in accordance with Section 66441 of the Subdivision Map Act.

E. A certificate signed by the City Engineer in accordance with Section 66442 of the Act.

F. A certificate for execution by the City Clerk, stating that the City Council approved the final map; and accepted, accepted subject to improvement or rejected, on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. (Government Code § 66440)

G. A certificate, signed and acknowledged before a notary, by all parties, and if a corporation, a certified copy of the appropriate resolution of such corporation, having any record title interest in the real property subdivided, consenting to the preparation and recordation of the final map is required, except as set forth in Section 66436 of the Act. (Government Code § 66430)

H. Where dedications are required, a certificate offering to dedicate interests in real property for specified public purposes in accordance with the 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 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 must accompany the final map. (Government Code § 66439)

I. The certificate of a qualified title company that the parties who executed the owner's certificate required by Section 66436 of the Act are all the parties having any record title interest in the land subdivided. Said certificates shall also set forth the names of the parties owning the interests set forth in Section 66436 of the Act, together with a description of said 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. (Government Code § 66443)

J. In the event that a grant of an open space easement is to be made over any 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. (Government Code § 66443)

K. A notice in accordance with Section 66434.1 of the Act relating to the development lien created under the Education Code.

A. The City may require that the certificates and acknowledgements required by this Title be made by separate instrument to be recorded concurrently with the final map being filed for record.

B. Whenever a certificate or acknowledgement is made by separate instrument, there shall appear on the final map a reference to the separately recorded documents. This reference shall be completed by the San Diego County Recorder pursuant to Section 66468.1 of the Act.

In lieu of the title company certificate required by this Chapter there may be filed with the City Engineer a subdivision guarantee from a qualified title company which guarantees that the parties names 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 Act, a letter stating that at the time of filing of the final 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 who signatures are required by Division 2 of Title 7 of the Act, as shown by the records in the office of the Recorder.

A. When a soils report, a geologic report, or soils and geologic 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 and the location where the reports are on file.

B. The soils report, geologic report or soils and geologic reports specified in Subsection A. shall be kept for public inspection by the City. (Government Code § 66434.5)

A. The final map shall be submitted to the Planning Department at least 60 days prior to its expiration together with the established fee.

B. The Planning Department will obtain recommendations from all appropriate City staff and governmental agencies regarding the form and content of the proposed final map.

C. The Planning Department shall prepare a report to the City Council and provide to the subdivider a copy.

A. Upon receipt of the department report, the City Clerk shall place the matter on the agenda of the City Council at the next regular meeting.

B. The City Council shall approve the map if it conforms to all the requirements of this Title applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder; or, if it does not so conform, disapprove the map. If the City Council does not act 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. (Government Code § 66458)

After the approval by the City of a final map of a subdivision, the City Clerk shall transmit the map to the Clerk of the County Board of Supervisors for ultimate transmittal to the County Recorder. The City Clerk shall transmit parcel maps approved by the City directly to the County Recorder. (Government Code § 66464)

Correction of and amendments to the final map shall be made pursuant to Sections 66469 et seq. of the Act.

The rights conferred by a vesting tentative map shall last for an initial time period of two years beyond the recording of the final map. Extension of the initial time period shall be in accordance with Section 66452.6(g) of the Act.