Article 3 — FINAL AND PARCEL MAPS

32.301

General Map Requirements

The form, contents, accompanying data, and filing of a Final Map or Parcel Map shall conform to the provisions of the Map Act and this chapter and to all applicable Conditions of Approval of the Tentative Map.

(Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

A Parcel Map, prepared in accordance with the Map Act and this chapter may be filed in lieu of:

• A. A Final Map, when an approved Tentative Subdivision Map has been filed for a subdivision which meets the requirements of Section 66426 of the Map Act.

• B. A Tentative Subdivision Map and Final Map, for construction of a condominium project on a single parcel.

• (Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

• A. Pursuant to Article 1 of Chapter 2 of the Map Act, the requirement for a Parcel Map may be waived if a finding is made that the proposed subdivision complies with the requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this chapter and the Map Act, including the following types of subdivisions:

  1. Residential purchase of mobilehome park according to Division 32.401.

  2. A subdivision, wherein the average gross area of all resulting lots or parcels equals 40 acres or more provided that no lot or parcel contains a gross area of less than 20 acres.

• B. The applicant for a subdivision, pursuant to subsection (A) of this section shall submit an application for a Tentative Parcel Map and a written request for waiver of the Parcel Map with sufficient information in the opinion of the Director of Planning and Building, to make the findings required by this section. The processing of any such application shall be subject to the same fees, time requirements and appeal procedures as are provided in this chapter for Tentative Parcel Maps.

• C. Where waiver of the Parcel Map is granted by the Director of Planning and Building, the Director shall cause to be filed for record with the County Recorder a Certificate of Compliance or Conditional Certificate of Compliance pursuant to Division 32.404 of this chapter.

• (Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

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City of Escondido, CA § 32.301.03 SUBDIVISIONS

§ 32.301.03

In addition to the information required by the Map Act, every Final Map or Parcel Map shall contain or show all of the following:

• A. A legal 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. The Basis of Bearings shall be the California Coordinate System (NAD 83) as established by use of existing monuments, Global Positioning System (GPS) surveys, or by use of astronomic observation;

• C. Those ties to such control monuments and the coordinates published by the City for these control monuments. The boundary of the map shall be tied into the California Coordinate System (NAD 83) in at least two locations, preferably on opposite ends of a single boundary line having found monuments or as agreed to by the City Engineer. These ties shall include both grid and ground distances and include the combined scale factor at one of the tie points on the subdivision boundary.

• D. All easements to which land is, or will be, subject, including all open space easements and mitigation requirements;

• E. Existing monuments that are found and a description of them;

• F. The size of all parcels expressed in square feet for parcels less than one acre and expressed in acres for parcels more than one acre in size;

• G. All areas which are subject to inundation as determined by the City Engineer, including flood-way limits and the 100-year floodplain;

• H. A solid line separating from public streets all private ways, easements and other rights-ofway not to be accepted as public streets, and clearly designate their nature and the manner in which the right is reserved or granted;

• I. The number of the subdivision on every sheet;

• J. Figures which are mathematically correct; and

• K. No contingencies. (Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

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City of Escondido, CA

• A. At Time of Filing. At the time of filing with the City Engineer, every Final Map shall bear, in addition to those certificates, statements, acknowledgements, and endorsements required by the Map Act, all of the following completed certificates and endorsements:

  1. A certificate by the City Treasurer, County Tax Collector, and County Public Works Director 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;

  2. A certificate by the Clerk of the Board of Supervisors that the provisions of the Map Act have been complied with regarding deposits for taxes on the property within the subdivision; and

  3. A certificate of a qualified title company guaranteeing that the parties who executed the Owner's Certificate, required by Section 66436 of the Map Act, are all the parties having any recorded title interest in the land subdivided. Said certificate shall also set forth the names of the parties owning the interests as defined in Section 66436 of said act together with a description of said interests and the reasons the parties did not execute the owner's certificate. The clerk of the Board of Supervisors shall notify the title company making such certificate of the date the Final Map will be transmitted to the County Recorder. Such notification shall be made at least 48 hours before said date. The title company shall, on said date, 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.

  4. In lieu of the title company certificate required above, there may be filed with the City Engineer a subdivision guarantee from a qualified title insurance company, in an amount approved by the City Engineer, which guarantees that the parties named are the only parties having any record title interest in the land subdivided. The Clerk of the Board of Supervisors shall notify the title company furnishing the subdivision guarantee of the date the Final Map will be transmitted to the County Recorder. Such notification shall be made at least 48 hours before said date. The title company shall, on said date, present to the County Recorder, pursuant to the requirements of Section 66465 of the Map Act, a letter stating that at the time of filing of the Final Map 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 whose signatures are required by the Map Act, as shown by the records in the office of the County Recorder.

• B. Additional Certificate on Final Maps. In addition to the certificates and other material required by the Map Act and by this chapter, every Final Map shall bear a certificate by the City Engineer that:

  1. The map conforms with all provisions of this chapter;

  2. The map conforms to the approved Tentative Map; and

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City of Escondido, CA § 32.302.01

SUBDIVISIONS

§ 32.302.02

3. Provides for acceptance, acceptance subject to improvement or rejection of a dedication or an offer to dedicate by the City Engineer.

• C. After Approval by the City Engineer. All of the following certificates and endorsements shall be completed after approval by the City Engineer:

  1. The Clerk of the County Board of Supervisors; and

  2. The County Recorder.

• D. The certificates and endorsements required by subsections (A) and (B) may be contained in a separate instrument in accordance with the provisions of the Map Act.

• (Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

• A. Additional Certificate on Parcel Maps. In addition to the certificates and other material required by the Map Act and this chapter, every Parcel Map shall bear a certificate by the City Engineer that:

  1. The map conforms with all provisions of this chapter;

  2. The map conforms to the approved Tentative Map; and

  3. Provides for acceptance, acceptance subject to improvement, or rejection of a dedication or an offer to dedicate by the City Engineer.

• B. The certificates and endorsements required by this section may be contained in a separate instrument as provided in the Map Act.

• C. Dedications or offers to dedicate may be made either by certificate on the Parcel Map, or by separate document in accordance with the Map Act.

• (Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

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City of Escondido, CA

A Final Map or Parcel Map shall not be approved unless:

• A. A Tentative Map has been approved or conditionally approved by the Director of Planning and Building, Planning Commission, or City Council, as required by this chapter; and

• B. The Final Map or Parcel Map meets all requirements of this chapter, and all requirements of the Map Act. The Final Map and all necessary documents shall be submitted to the City Engineer far enough in advance of the expiration date of the tentative map approval to allow sufficient time for processing.

• (Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

Prior to filing a Final Map or Parcel Map with the City Engineer, each of the following requirements shall be met:

• A. The Final Map or Parcel Map must conform to the approved or conditionally approved tentative map;

• B. All required fees shall be paid, including plan check and inspection fees;

• C. All bonds guaranteeing required improvements or performance shall be posted and shall be approved as to form by the City Attorney;

• D. All improvement agreements shall be executed, and approved as to form by the City Attorney;

• E. A Certified Map shall be submitted to and approved by the Director of Planning and Building; and

• F. A digital graphics file containing the boundary, street centerline, right-of-way, and lot/ parcel line data necessary to facilitate transferring of the file into the City mapping system shall be submitted in an acceptable format as determined by the City Engineer. In the event the surveyor or engineer submitting a map does not have the capability to fulfill this requirement, an appeal may be filed with the City Engineer to waive the requirement.

• (Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

• A. City Engineer. After the Final Map has satisfied all requirements of this chapter and all conditions of the tentative map, the Final Map shall be filed with the City Engineer for approval or disapproval as outlined in this chapter and in accordance with Chapter 3, Article 4, of the Map Act.

  1. Upon the City Engineer's receipt of a Final Map:

     • a. The City Engineer shall notify the City Council at its next regular meeting after the City Engineer receives the Final Map that the Final Map is being reviewed

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City of Escondido, CA § 32.303.03

SUBDIVISIONS

§ 32.303.04

for final approval; and

  - b. The Clerk of the City Council shall provide notice of any pending approval or disapproval by the City Engineer, which notice shall be attached and posted with the City Council's regular agenda and shall be mailed to interested parties who request notice. 

2. Upon receipt of a Final Map, the City Engineer shall examine the Final Map to determine:

   • a. Whether the subdivision as shown is substantially the same as it appeared on the approved tentative map, and any approved alterations thereof;

   • b. Whether all provisions of law and of this chapter applicable at the time of approval of the tentative map have been complied with; and

   • c. Whether the Final Map is technically correct.

3. Within 10 days following the meeting of the City Council that was preceded by the notice described in subsection 32.303.03(A)(1)(a) of this section, the City Engineer shall approve a Final Map if it conforms to: (i) all requirements of this chapter applicable at the time of approval or conditional approval of the tentative map; and (ii) all requirements of the Map Act. The City Engineer shall disapprove a Final Map for failure to meet or perform any such requirements, supported by a finding identifying the requirements or conditions that have not been met or performed.

4. In connection with the City Engineer's approval or disapproval of a Final Map, the City Engineer may accept, accept subject to improvement, or reject dedications and offers of dedications that are made by a statement on the Final Map.

5. Any appeal of the City Engineer's approval or disapproval of a Final Map shall be made to the City Council.

6. The City Council shall periodically review the delegation of authority to the City Engineer made pursuant to this section.

• B. Signatures. After approval, the City Engineer shall sign the map. (Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

A Parcel Map approved by the Director of Planning and Building as complying with the Certified Map shall be filed with the City Engineer for approval prior to the expiration of the Tentative Parcel Map, after the requirements of Section 32.303.02 have been completed to the satisfaction of the City Engineer. The date the map shall be deemed filed with the City Engineer is the date on which the City Engineer receives a complete parcel map package.

• A. The City Engineer is authorized to make all findings necessary for approval, conditional approval, or disapproval of a Parcel Map.

• B. In connection with the City Engineer's approval, conditional approval, or disapproval of a Parcel Map, the City Engineer may accept or reject dedications and offers of dedication that are made by a statement on the Parcel Map. The City Engineer shall disapprove a

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City of Escondido, CA § 32.303.04

ESCONDIDO CODE

§ 32.303.05

Parcel Map for failure to meet or perform any of the requirements or conditions imposed by the Map Act or this chapter.

• C. Any appeal of the City Engineer's approval, conditional approval, or disapproval of a Parcel Map shall be made to the City Council.

• (Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

After the approved Final Map or Parcel Map has been signed by the City Engineer, the map and any improvement agreement required by this chapter shall be filed in the Office of the County Recorder by the City Clerk. After recordation, the subdivider shall furnish the City Engineer with a reproducible copy of the recorded map and any improvement agreement required by this chapter.

• (Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

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City of Escondido, CA