Article III — Final Land Division Maps

After the approval or conditional approval of the tentative map and prior to the expiration of such map, the subdivider may cause the real property included within the map, or any part thereof, to be surveyed and a final map thereof prepared in accordance with the current city standards and the approved or conditionally approved tentative map.

(Ord. 171 § 17.8(1), 1994)

• A. Surveys made in preparation of final land division maps shall be in accordance with standard practices and principles of surveying and all applicable provisions of the Subdivision Map Act.

• B. Before the final map of a subdivision may be accepted by the city engineer for checking, the land divider shall submit and obtain approval by the city engineer of a boundary survey plat showing:

  1. A boundary survey of the land division, including all courses and distances necessary to compute a closure;

  2. Sufficient data to prove the method by which the boundary was determined, including a description of all corners found or set, adjoining maps or property lines of record;

• C. The city engineer may waive the boundary plat requirement if the city engineer determines that sufficient survey information is of record.

• D. Whenever the city engineer has established the centerline of a street, that data shall be considered in making the surveys and in preparing the final map. All monuments found shall be

indicated and proper reference 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. The final map shall show city and county boundaries adjoining the division of land. (Ord. 171 § 17.8(2), 1994)

• A. Following the approval or waiver of the boundary survey plat by the city engineer, the subdivider may file the final map for preliminary checking in the office of the city engineer. The quantity of the number of positive prints required for such preliminary checking shall be determined by the city engineer.

• B. The final map shall be accompanied by:

  1. A map checking fee as set by the city council;

  2. Any additional data as determined by the city engineer.

• C. Proposed improvement plans shall be submitted and accompanied with the plan checking fee as set by the city council.

• D. Prior to the recordation of the final map, the subdivider shall provide and the city engineer shall have reviewed and approved:

  1. A copy of the approved conditions, covenants and restrictions (CC and Rs), as applicable, which are to be recorded with the final map;

  2. Evidence of title in the form of a current preliminary title report issued by a California title company, showing the names of persons having any record title interest in the land to be divided, together with the nature of their respective interests therein. In the event that any dedication is to be made for public use of any property shown on a final land division map, a subdivision guarantee shall be issued by a California title company. The consent of the owner or owners of any contingent reversionary interest in the lands to be subdivided is not necessary and need not be named in the guarantee of title.

  3. All request for waivers of signatures as provided in the Subdivision Map Act;

  4. Utility Plans.

     • a. An original and three positive prints of each map showing the proposed water distribution and sewage collection systems, signed by a registered civil engineer and the water and sewer purveyors. Each systems shall comply with all applicable state and county and city regulations. The city fire prevention officer shall also sign the water plans when conditions include fire protection; and

     • b. Letters from other utility purveyors that will serve the land division certifying that satisfactory provisions have been made with each of the said public utility purveyors as to location of their facilities and construction thereof.

• (Ord. 171 § 17.8(3), 1994)

Following the approval of a tentative parcel map, the land divider may cause a final parcel map to be prepared and submitted to the city engineer. The land divider shall submit the following along with the final parcel map:

• A. The number of positive prints of the final parcel map as determined by the city engineer with plan checking fee as set by the city council;

• B. All required improvement plans with plan checking fee as set by the city council; and

• C. Evidence of title in the form of a current preliminary title report issued by a California title company, showing the names of persons having any recorded title interest in the land to be divided, together with the nature of their respective interests herein. In the event that any dedication is to be made for public use of any property shown on a final parcel map, a subdivision guarantee shall be issued by a California title company.

• (Ord. 171 § 17.8(4), 1994)

• A. Final subdivision and final parcel maps shall conform to all of the following provisions:

  1. Each map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or good quality polyester base film, including certificates, except that such certificates may be legibly stamped or printed upon the map with opaque material when recommended by the city engineer and authorized by the county recorder. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch;

  2. Each map, including each sheet of a multisheet map, shall bear the map number as assigned by the San Bernardino county recorder's office, which shall be followed by a subtitle consisting of a general description of all the property being divided by reference to record maps, and to section surveys or ranchos. References shall be spelled out and worded identically with original records, with complete references to proper book and page of record;

  3. All sheets shall be numbered, the relation of one sheet to another clearly shown, and the number of sheets used shall be set forth on each sheet. An adequate number of sheets shall be submitted to clearly present all pertinent data;

  4. A location map shall be placed on the final map which indicates the location of the proposed land division and its relationship to existing streets and highways;

  5. The certificates and acknowledgements, required by the Subdivision Map Act and this chapter, shall appear on the first sheet only. "Certificates" shall include the following:

     • a. Owner's certificate.

     • b. Trustee's certificate.

     • c. Recorder's certificate.

     • d. Surveyor's/engineer's certificate.

     • e. City engineer's certificate.

     • f. City clerk's certificate.

     • g. Tax collector's certificate.

     • h. Tax bond certificate (As appropriate).

  6. The first sheet shall also include: (a) signature omissions (relating to oil, gas or mineral rights) and (b) notice of election by land divider to defer payment of drainage fees. If

needed, the second map sheet may be used for notary acknowledgements. In no case shall the certificates noted in subsection (A)(5) of this section be placed on the second sheet of a multisheet map;

7. The recorder's certificate shall be placed in the upper right-hand corner of the map or in the upper right-hand corner of the first sheet only of multisheet maps;

8. The surveyor's or engineer's certificate shall state that the survey was made by him or under his direction, that the survey is true and complete as shown, that all monuments are of the character and occupy the positions indicated and are sufficient to enable the survey to be retracted, that the map conforms to the approved tentative map and conditions of approval thereof, and that all provisions of the applicable state and local ordinances have been complied with;

as made by him or under his direction, that the survey is true and complete as shown, that all monuments are of the character and occupy the positions indicated and are sufficient to enable the survey to be retracted, that the map conforms to the approved tentative map and conditions of approval thereof, and that all provisions of the applicable state and local ordinances have been complied with;

9. The number, scale, north point and sheet number shall be shown on each sheet of the map. The map shall be drawn at a suitable engineer's scale to identify and describe all essential details clearly. If more than two map sheets are used, an index showing the division of land, with lots numbered as shown on the map, shall be shown. A complete boundary survey shall be shown on one sheet of every phase of a unitized subdivision. Said boundary shall also reflect the original boundary as shown on the tentative map of said subdivision;

10. A land division name shall not be shown on the map;

11. The exterior boundary of the land shown on a land division map shall be indicated by a distinctive delineation and clearly designated;

12. A statement labeled "Surveyor's Notes" or "Engineer's Notes" shall be shown on the first map sheet after the signature sheet of a multisheet map. The statement shall include the basis of bearings; the monuments that were found; the monuments and points that were set, with reference to city standards; and a key to the symbols and abbreviations and such other information required by the city engineer;

13. Lots shall be numbered consecutively, commencing with the number "1," with no omissions or duplications. Each lot shall be shown in its entirety on one sheet. Lots used for streets, alleys, or barrier strips shall be lettered. Easements shall be clearly identified; and

14. Where a part-width street is shown on a map, the centerline of the improvements shall be monumented and shown correctly, as related to the full future width of the street.

• B. The following data shall be shown on each final subdivision and parcel map:

  1. Dates of survey and the name and registration number of the person authorized to practice land surveying by the state of California and who is responsible for the preparation of the map;

  2. Locations and names (without abbreviations) of all adjoining, existing and proposed streets and the location of alleys. Proposed public area and easements shall also be identified;

  3. Gross area of land division, and the net acreage, computed to the nearest 0.1 acres, on all lots containing one acre or more. Lot lines shall be shown by solid lines;

  4. Centerlines of all streets and lengths, tangent, radius and central angle or radial bearings on all points on curves and the bearings of radial lines to each lot corner on a curve; the width of each street, the width of the portion being dedicated and the width of existing dedications; and the widths of right-of-way of railroads, flood control or drainage channels and other easements appearing on the map;

es of all streets and lengths, tangent, radius and central angle or radial bearings on all points on curves and the bearings of radial lines to each lot corner on a curve; the width of each street, the width of the portion being dedicated and the width of existing dedications; and the widths of right-of-way of railroads, flood control or drainage channels and other easements appearing on the map;

5. Sufficient data to determine readily the bearing and length of each line. Recorded survey data as required by the city engineer;

6. Sufficient primary survey control points;

7. Ties to and recording references to adjacent record maps and to section corners, quarter section corners and also to section lines and quarter section lines when adjacent or within the map;

8. Centerline data and width of all easements to which the division of land is subject. If the easements are not definitely located by record, a statement as to the easement shall appear on the title sheet of the land division. Distances and bearings on the side lines of lots which are cut by an easement shall be so shown as to indicate clearly the actual location. Alignment data alongside lot lines of easements shall be provided when not controlled by paralleling lines or centerline. The easement shall be clearly labeled and identified and, if already on record, proper reference to the records given. Easements dedicated in land divisions shall be included in the owner's certificate of dedication. Easements shall be shown on the map by broken lines;

9. Clear indication of stakes, monuments or other evidence found on the ground to determine the boundaries of the tract, data to determine physical description, size, ground position, tag number and record reference of survey markers; untagged monuments accepted as control shall be tagged or replaced by the surveyor or engineer making the survey;

10. No setback lines shall appear on the final map;

11. New street names shown on a land division map must be approved by the city engineer;

12. When an environmental constraint sheet is required, a note shall be placed below the surveyor's notes on the final map in one-fourth-inch high bold block letters, stating:

ENVIRONMENTAL CONSTRAINT NOTE: Environmental constraint sheet affecting this map is on file in the Office of the City Engineer. This affects Lot Nos. ___ or Parcel No. ___;

13. The basis of bearings and the basis of coordinates shall be based on the California State Plane Coordination System, Zone 6, and shall be shown on the map in accordance with the requirements of the city engineer.

• C. Composite Development Plan.

  1. Filing Criteria for Composite Development Plans. The city engineering department may require the filing of a composite development plan at the time a final or parcel map is accepted for recordation. These maps will reflect the information required by the city engineering department and shall be filed with the city engineering department concurrent with the recordation of the final or parcel map.

Wherever a composite development plan is required, these plans shall be submitted prior to recordation of the final or parcel map.

2. Content. The content and form of composite development plans shall be governed by the provisions of this section.

   • a. Standards and Preparation. A reproduction shall be made on linen or mylar of the map sheets of the final or parcel map which shall conform to the following provisions and adopted city standards.

     • i. In the top margin of all the map sheets, there shall be prominently labeled "Composite Development Plan." Advance copies shall be submitted for approval by the city engineer prior to submittal of the linen or mylar of the final or parcel map.

     • ii. Notes on Composite Development Plans.

• (A) The plan shall contain a section titled "Composite Development Plan Notes." The city may list here any conditions or mitigating measures stipulated for the development of the subject property. Any explanatory notes related to criteria delineated on the map shall also be listed within this section. In addition, any related reports regarding development criteria shall be listed, including the following information:

  • (1) Title and date of the report.

  • (2) Name and credentials of person or firm preparing report.

  • (3) The location where the reports are on file.

• (B) The plan may delineate and note applicable criteria to the development of the subject property. These criteria are limited to:

  • (1) Building criteria (e.g., building setback lines). Any yard setback lines that are delineated on composite development plans shall be the street and yard setback distances required on the property within said composite development plan.

  • (2) Geological and seismic criteria.

  • (3) Grading criteria.

  • (4) Flood control criteria (e.g., setbacks).

  • (5) Environmental criteria.

• (C) The following statement shall be prominently displayed on each map sheet:

Composite Development Plan

Notes on this plan are for informational purposes, to indicate conditions and criteria that exist on this property that were known and identified as of the date this plan was filed. This information is derived from public records or reports and is not intended to affect record title interest.

3. Procedures. This subsection shall govern the procedures for the processing, approval or disapproval of a composite development plan.

   • a. Filing Advance Copy. At least three weeks prior to the recordation of the final or parcel map, the composite development plan shall be submitted for coordination of review to the city engineer.

   • b. Filing Official Copy of Composite Development Plan. Concurrent with the filing for recordation of the final or parcel map, the composite development plan shall be filed with the city engineer.

4. Amendment to Composite Development Plan. Should any correction and amendment to a final or parcel map be made that affects the composite development plan as authorized by this section, then the applicant shall file with the city engineering department a corrected composite development plan that is reviewed by the community development director, building and safety. The city engineer is authorized to approve amended maps when they do not adversely impact the conditions of other departments and the amendment is in substantial compliance with the conditions of approval of the tentative or parcel map.

(Ord. 171 § 17.8(5), 1994)

A parcel map of four or less parcels may be compiled from recorded or filed data; provided, that such data is acceptable to the city engineer. (Ord. 171 § 17.8(6), 1994)

• A. After the preliminary final land division map is determined to be correct, the city engineer shall notify the land divider to prepare and submit the original and duplicate original of the final map together with all required agreements for improvements and securities and all other required documents as may be necessary for consideration of the final map. If the final land division map or documents are not determined complete by the city engineer, they shall be returned to the land divider for corrections.

• B. The original and duplicate original map shall be inscribed on polyester base film, including the required signatures, and shall meet the requirement of the city engineer.

• (Ord. 171 § 17.8(7), 1994)

When a final land division map and all agreements, securities and other required documents have been submitted and found to be in correct form, the city engineer shall, within 20 days thereafter, file the final map and documents with the city clerk and certify that:

• A. The map has been examined by the city engineer;

• B. The land division as shown is substantially the same as it appeared on the tentative map and any approved alterations thereof.

• C. All provisions of the Subdivision Map Act and all city ordinances applicable at the time of approval of the tentative map have been complied with;

• D. The map is technically correct; and

• E. In the certificate, the city engineer shall state the date of approval of the tentative map and the date of expiration.

• (Ord. 171 § 17.8(8), 1994)

The city council, upon filing of a final land division map, shall, at the meeting at which it receives the map or at its next regular meeting after the meeting at which it receives the map, approve the map if it conforms to all the requirements of the Subdivision Map Act and this chapter 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; provided, however, that the final map shall not be disapproved due to technical or inadvertent errors which in the opinion of the city engineer do not materially affect the validity of the map.

(Ord. 171 § 17.8(9), 1994)

• A. At the time of making the survey for a final land division map, the engineer or surveyor shall set sufficient durable monuments to conform to the standards described in Section 8771 of the

Business and Professions Code and also comply with city standards.

• B. All monuments for final land division maps containing five or more lots shall be set prior to the recordation of the map unless the land divider executes a secured agreement guaranteeing the setting of the monuments.

• C. All monuments for final land division maps containing four or less lots shall be set prior to the recordation of the map.

• (Ord. 171 § 17.8(10), 1994)

• A. Upon approval by the city council, the city clerk shall certify that all required certificates, security and deposits have been filed and shall transmit the final map to the recorder.

• B. The land developer shall present to the recorder evidence that, at the time of the filing of a final map, the parties consenting to the filing are all of the parties having a record title interest in the real property being divided whose signatures are required, as shown by the records in the office of the recorder. Failure to provide such evidence shall be cause for the recorder to refuse to accept the map for filing.

• C. The recorder shall have not more than 10 days within which to examine the final land division map and either accept or reject it for filing.

• D. If the recorder accepts the map for filing, such acceptance shall be certified on the face thereof.

• E. The recorder, upon filing the final subdivision map or parcel map, shall attach the recording data to the polyester type film duplicate original and thereupon deliver the same to the city engineer who shall retain custody thereof.

• (Ord. 171 § 17.8(11), 1994)

• A. The waiver of the final parcel map by the city engineer indicates that the city engineer has determined that adequate information is available, and the necessary conditions of the tentative map have been met, and therefore, that a final map is not required.

• B. The city engineer may waive a final parcel map according to the provisions set forth herein.

• C. When a final parcel map has been waived, the city engineer shall distribute copies of the certificate of compliance and waiver of the parcel map to the building official and file a certificate of compliance with the recorder's office, upon payment of the fee by the subdivider as set per the city council.

• (Ord. 171 § 17.8(12), 1994)

After a final map or parcel map is filed in the office of the county recorder, the recorded final map may be modified by a certificate of correction.

• A. Application. The land divider may apply for a certificate of correction upon finding that one or more of the following conditions apply:

  1. To correct an error in any course or distance shown thereon;

  2. To show any course or distance that was omitted therefrom;

  3. To correct an error in the description of the real property shown on the map;

  4. To indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments;

  5. To show the proper location or character of any monument which has been changed in location or character and originally was shown at the wrong location or incorrectly as to its character; or

  6. To correct any other type of map error or omission as approved by the city engineer which does not affect any property right. Such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent record maps. As used in the section, "error" does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final or parcel map.

• B. The application for a certificate of correction shall be made to the city engineer upon payment of fees set by the city council and on the forms provided by the city engineer and shall include such information as required by the city engineer in addition to the following:

  1. The certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor and shall show in detail the corrections made and show the names of the present fee owners of the property affected by the correction or omission.

• C. Recordation of Certificate of Correction. Once the certificate of correction has been certified by the city engineer, the certificate of correction shall be filed in the office of the county recorder in which the original map was filed. Upon such filing, the county recorder shall index the names of the fee owners and the appropriate tract designation shown on the amended map or certificate of correction in the general index and map index respectively. Thereupon, the original map shall be deemed to give notice of all such corrections in the same manner as though set forth upon the original map.

• (Ord. 171 § 17.8(13), 1994)

• A. In addition to the corrections authorized by HMC § 16.68.200 , after a final map or parcel map is filed in the office of the county recorder, the recorded final map may be modified by an amendment of final map.

• B. Application. The land divider may apply for an amendment of final map on the forms provided by the city engineer upon payment of fees as set by the city council and shall include such information as required by the city engineer.

• C. No amendment of final map shall be approved unless it complies with the following standards:

  1. There are changes in circumstances which make any or all of the conditions of such a map no longer appropriate or necessary;

  2. The modifications do not impose any additional burden on the present fee owner of the property;

  3. The modifications do not alter any right, title, or interest in the real property reflected on the recorded map; and

  4. The city engineer finds that the map as modified conforms to the provisions of this ordinance.

• D. Notice of Hearing. The city engineer shall set the matter for public hearing in accordance with HMC § 16.08.170 . The hearing shall be confined to consideration of and action on the proposed modification.

• E. Recordation of Amendment of Final Map. When the changes to a final map are in conformance with the adopted city standards, the city engineer shall certify to this fact on the amended map.

• F. Filing Requirements. Applications for lot line adjustment as defined in this section shall be made to the community development director on forms provided by the community development department. The applications shall be accompanied by the fee set by the city council.

• G. Procedure. Upon receipt of a completed application, the community development department shall transmit the application material to the following agencies: engineering department, forestry and fire warden department, and building and safety. The applicant and his representative shall be notified of any concerns expressed by the reviewing agencies which may delay approval of the application. The community development director shall limit his review and approval to a determination of whether or not the parcels resulting from the adjustment will conform to state law and city ordinances, and shall not impose conditions or exactions on the approval except to conform to city ordinances, or to facilitate the relocation of existing utilities, infrastructure, easements, or improvements.

• H. When special circumstances apply to a parcel of property, including but not limited to topographic constraints, parcel orientation, access restrictions, methods of circulation, existing improvements, and/or urbanization of the property under a requested permit, the community development director may, upon sufficient documentation and justification, approve a lot line adjustment so long as the proposed adjustment is not in conflict with state law, city ordinances, and requirements set by other city departments or agencies.

on, access restrictions, methods of circulation, existing improvements, and/or urbanization of the property under a requested permit, the community development director may, upon sufficient documentation and justification, approve a lot line adjustment so long as the proposed adjustment is not in conflict with state law, city ordinances, and requirements set by other city departments or agencies.

• I. Within 30 days of the lot line adjustment application being accepted as complete, the city engineer shall conditionally approve, disapprove, or notify the applicant and his representative that the request does not meet the requirements of a lot line adjustment.

• J. Applications for lot line adjustment shall not be considered final until the application documents and new legal description(s), reflecting the adjustment have been received.

• K. Recordation. Upon approval of the lot line adjustment, the city engineer, within six months or as agreed to by the city engineer and applicant not to exceed one year, shall receive proof of the recordation of the deed or record of survey and the notice of lot line adjustment with the county recorder. Said notice shall contain the following:

This document is being recorded pursuant to Lot Line Adjustment No. ______, approved by the Public Works Department on ________.

(Ord. 171 § 17.8(13), 1994)

• A. Purpose and Intent. This section establishes criteria and procedures for lot mergers required to achieve conformance with other provisions of this title or voluntarily requested on the part of any property owner.

• B. Applicability.

  1. Any lot, parcel or unit of land may be merged with a contiguous lot, parcel or unit held by the same owner if any one of the contiguous lots, units or parcels does not conform to current standards for minimum lot area or dimensions under the regulations of the zoning district applicable to the property, without reverting to acreage, if all of the following requirements are satisfied:

     • a. At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.

     • b. With respect to any affected parcel, one or more of the following conditions exists:

       • i. Comprises less than 5,000 square feet in area at the time of the determination of merger.

       • ii. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation.

       • iii. Does not meet current standards for sewage disposal and domestic water supply.

       • iv. Does not meet slope stability standards.

       • v. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.

       • vi. Its development would create health or safety hazards.

       • vii. Is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards.

  2. For purposes of this section, when determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded.

  3. This section shall not apply in the event of the existence of any of the conditions delineated in subparagraphs (A) through (E) of Subdivision Map Act Section 66451.11.

• C. Application. The land divider may apply for a lot merger on the forms provided by the city engineer upon payment of fees as set by the city council and shall include such information as required by the city engineer.

• D. Filing Requirements. Applications for lot merger as defined in this section shall be made to the community development director on forms provided by the community development department. The applications shall be accompanied by the fee set by the city council.

• E. Procedure. Upon receipt of a completed application, the community development department shall transmit the application material to the following agencies: engineering department, forestry and fire warden department, and building and safety. The applicant and his representative shall be notified of any concerns expressed by the reviewing agencies which may delay approval of the application. The community development director shall limit his review and approval to a determination of whether or not the parcels resulting from the adjustment will conform to state law and city ordinances, and shall not impose conditions or exactions on the approval except to conform to city ordinances, or to facilitate the relocation of existing utilities, infrastructure, easements, or improvements.

• F. Within 30 days of the lot merger application being accepted as complete, the city engineer shall conditionally approve, disapprove, or notify the applicant and his representative that the request does not meet the requirements of a lot merger.

• G. Applications for lot merger shall not be considered final until the application documents and new legal description(s) reflecting the merger have been received.

• H. Recordation. Upon approval of the lot merger, the city engineer, within six months or as agreed to by the city engineer and applicant not to exceed one year, shall receive proof of the

recordation of the deed or record of survey and the notice of lot merger with the county recorder. Said notice shall contain the following:

This document is being recorded pursuant to Lot Merger No. ______, approved by the Public Works Department on ________.

(Ord. 332 § 5, 2008)