La Mesa Municipal Code Ch. 22.02 Major Subdivisions

A tentative and final map shall be required for all major subdivisions.

A. Application: The subdivider applying for a major subdivision shall file the following material with the Director of Planning:

1. A fee determined by City Council resolution.

2. Tentative map copies in the quantity to be specified by the Director of Planning.

3. A grading plan showing any grading proposed for creation of building sites within the subdivision or the construction or installation of improvements to serve the subdivision. In the event that no grading is to be performed, a statement to that effect shall be included on the tentative map.

B. Requirements for approval or disapproval of maps. The Planning Commission and City Council for major subdivisions shall adhere to the following requirements in their review and approval or disapproval of maps.

1. Both tentative and final maps shall be disapproved for failure to meet or perform any of the requirements or conditions imposed by the Subdivision Map Act or City of La Mesa ordinances enacted pursuant thereto, and the disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed, provided that any failure of the map to meet those requirements and conditions may be waived by the reviewing body if the failure is a result of a technical or inadvertent error, which in the determination of the reviewing body, does not materially affect the validity of the map.

2. A proposed subdivision shall be consistent with the General Plan or a specific plan only if the proposed subdivision or land use is compatible with objectives, policies, general land use and programs specified in the plan.

3. Both tentative and final maps shall not be approved unless the following findings are made:

a) That the proposed map is consistent with applicable general and specific plans,

b) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans.

c) That the site is physically suitable for the type of development.

d) That the site is physically suitable for the proposed density of development.

e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or not likely to injure fish or wildlife or their habitat.

f) That the design of the subdivision or the type of improvements is not likely to cause serious public health problems.

g) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

4. Approval of a final map pursuant to subsection (3) shall not be denied by a reviewing body if it has previously approved a tentative map for the proposed subdivision and it finds that the final map is in substantial compliance with the approved tentative map.

5. The reviewing body shall determine whether the discharge of waste from the proposed subdivision into an existing community sewer system would result in violation of existing requirements prescribed by the California Regional Water Quality Control Board, San Diego Region. A tentative map may be disapproved if the proposed discharge would result in or add to violation of the Board's requirements.

6. A final map from which has been omitted the signatures of public entities or utilities owning rights-of-way or easements may be approved provided that the city council determines that division and development of the property in the manner set forth on the map will not unreasonably interfere with the free and complete exercise of the public entity or utility right-of-way or easement.

7. When filing a tentative map for a subdivision to be created from the conversion of a mobilehome park to another use, the subdivider shall also file a report on the impact of the conversion on the displaced residents of the mobilehome park to be converted. In determining this impact, the report shall address the availability of adequate replacement space in mobilehome parks. The city council may require the subdivider to take steps to mitigate any adverse impact of the conversion on the ability of displaced mobilehome park residents to find adequate space in a mobilehome park. The subdivider shall make a copy of the report available to each resident of the mobilehome park at least fifteen days prior to the hearing on the map by the planning commission.

C. Planning commission is advisory agency. The planning commission is hereby designated as the advisory agency for major subdivisions and is authorized and directed to:

1. Prescribe, subject to the approval of the city council, such additional rules and regulations as are advisable with respect to processing procedures and requirements for major subdivisions.

2. Prescribe such additional rules and regulations as are advisable with respect to the form and content of tentative and final maps or data supplemental thereto.

3. Investigate and hold a public hearing on each tentative map filed pursuant to this title.

4. Prescribe, subject to ratification by the city council, the kind, nature, and extent of the improvements to be constructed or installed in or to serve the subdivision for which the tentative map is filed.

5. Obtain the recommendations of the director of planning, city engineer, director of building inspection and housing, and fire marshal with respect to the design and the kind, nature and extent of the required improvements.

6. Waive or modify with respect to a particular subdivision, subject to ratification by the city council, particular requirements of this title when the planning commission finds that the real property to be divided is of such topographic conditions or is to be devoted to such usage that full compliance with the requirements of this title is impractical or impossible. Any such waiver or modification shall be in conformity with the spirit and purpose of the Subdivision Map Act and this title.

7. Disapprove, or subject to ratification by the city council, approve or conditionally approve tentative maps filed pursuant to this title. The responsibilities of the city council pursuant to Sections 66473.5, 66474, 66474.1 and 66747.6 of the Subdivision Map Act are hereby assigned to the planning commission for major subdivisions.

8. Make a report with respect to the subdivision's conformity to the general plan, the design and the kind, nature and extent of the required improvements of the subdivision.

9. Extend the time at which a tentative map expires. Such an extension shall not exceed twelve months at any one time nor shall the aggregate of all extensions equal more than twenty-four months.

D. Processing of a Tentative Map.

1. The subdivider shall submit the required fees, prints, a title report, a soils report, and a complete environmental assessment form with an attached list of all the property owners within three hundred feet of the boundaries of the proposed subdivision.

2. Copies of the submitted tentative map shall be sent, within twenty-four hours of its filing, to the city engineer, the fire and building departments, Helix Water District, San Diego Gas and Electric Company, and any school district affected by the proposed subdivision.

3. The engineering, building and fire departments shall respond to the planning department within seven days after receiving copies of the proposed map. Responses from Helix Water District, San Diego Gas and Electric Company, and any school district shall be returned within twenty days.

4. Each tentative map shall be reviewed by the director of community development and recommendations shall be forwarded along with a staff report to the planning commission.

5. A staff report on the tentative map shall be made in writing and a copy shall be provided to the subdivider at least three days before any hearing of action on the map by the planning commission.

6. The planning commission within fifty calendar days after the filing of a tentative map shall approve, conditionally approve or disapprove the map in conformance with the requirements set forth in Section 22.02.010 B. Copies of the planning agency's staff report and any recommended conditions, and certification of action taken shall be filed with the city clerk and the subdivider.

7. Upon receipt of the planning commission's certified action, the city clerk shall set the matter before the city council on their consent calendar. The date for council consideration shall not be sooner than ten days after the planning commission action. Should the city clerk receive a written appeal within ten days of the planning commission action, the matter shall be removed from the consent calendar and the appeal shall be set for hearing pursuant to Section 22.02.020 D 11.

8. Revision of Tentative Map. A tentative map which has been approved or conditionally approved and has not expired may be revised. The subdivider shall make application pursuant to Section 22.02.010 A. The revised map shall contain all of the information required of tentative maps and be accompanied by all data which is required to be filed with tentative maps. The filed revised tentative map shall be treated in all respects as an original tentative map and shall be reported on, approved, conditionally approved, or disapproved in the same manner as an original tentative map. Nothing in this section shall be construed as a limitation on the powers of the planning commission or city council to approve alterations of an approved tentative map or to modify conditions imposed as part of the approval of a tentative map.

9. Expiration of Tentative Map.

a) The approval of a tentative map shall expire thirty-six months from the date of approval. The date of approval shall be the date the city council ratifies the approval.

b) The period of approval may be extended by the planning commission at the written request of the subdivider. The request shall be filed with the community development director at least thirty days before the approval or conditional approval is due to expire. The planning commission, in their discretion, may extend the approval for a period not to exceed twelve months. Subsequent extensions may also be granted by the planning commission; however, the aggregate of all extensions may not exceed sixty months.

(Ord. 2307; March 24, 1983)

c) The period of time herein specified shall not include any period of time, not to exceed five years, during which a development moratorium (as defined in the State Map Act), imposed after approval of the tentative map, is in existence. Once such a moratorium is terminated, the tentative map shall be valid for the greater of one hundred twenty days or the same period of time as was left to run on the map when the moratorium was imposed.

d) The period of time herein specified shall not include any period of time during which a lawsuit has been filed and is pending in court involving the approval or conditional approval of a tentative map, providing that such a stay is approved by the city council. The subdivider may apply for a stay of such time period by written application to the planning director within ten days of the service of the initial petition or complaint in such lawsuit upon the city of La Mesa. The planning director shall make a recommendation regarding such a stay at a public hearing with the city council. Within forty days after receiving such application, the city council shall either approve the requested stay for up to five years or deny it.

10. Public Hearing Notice. Whenever a public hearing is held pursuant to this chapter, notice of the time and place thereof, including a general description of the location of the proposed subdivision shall be given at least ten days before the hearing. Such notice shall be given by publication once in a newspaper of general circulation, published and circulated in the city of La Mesa and by notifying by mail the owners, shown on the latest equalized roll of the county assessor of the parcels of land within three hundred feet of the site's boundaries of the proposed subdivision.

11. Appeals by Subdivider or Other Interested Persons.

a) The subdivider may appeal to the city council from action of the planning commission with respect to a tentative map or a denial of a time extension of the tentative map approval or conditional approval.

b) Any interested person adversely affected by a decision of the planning commission may file an appeal with the city clerk. The city clerk shall set the matter for hearing within thirty days of its filing.

c) Notwithstanding the provisions of subsection (b) of this section, any interested person may appeal to the city council any decision of the planning commission relative to the provisions of Section 22.02.010 B of this title.

12. Appeal Procedures.

a) Any appeal shall be filed with the city clerk within ten days after the action of the planning commission from which the appeal is being taken.

b) Upon the filing of an appeal, the city clerk shall set the matter for hearing. Such hearing shall be held within thirty days of when the date of hearing was set.

c) The city council shall render its decision on an appeal within ten days following the conclusion of the hearing. The decision shall comply with the requirements of Section 22.02.010 B of this title.

E. Processing of a Final Map.

1. A final map must be prepared in full compliance with the Subdivision Map Act, this title, the approved tentative map and the conditions of the planning agency report approved and modified by city council.

2. The subdivider shall submit the required fees, three copies of the final map and the supplemental information set forth in Section 22.02.030 B6.

3. The final map shall be filed with the city engineer and shall be acceptable only with the written consent of all parties having any record title interest in the real property to be subdivided (except for signature omission, see page 22, Section 22.02.030 B5).

4. The city engineer shall examine the map and, if required, indicate necessary changes on one copy and return the final map and copy to the subdivider for correction and return.

5. When the final map is found by the city engineer to be correct and in full compliance with the Subdivision Map Act, this title, the approved tentative map, and the appropriate certificates are executed by the city engineer and the secretary of the planning commission, the map shall be filed with the city clerk.

6. The date the map is deemed filed with the city council is the date of the meeting at which the city council receives the map.

7. The map will be considered and approved or disapproved in conformance with the requirements of Section 22.02.010 B by the city council at the meeting at which it receives the map, or at its next regular meeting after receipt of the map.

8. The city council's certificate will be executed by the mayor and city clerk, and the city clerk shall transmit the map to the clerk of the county board of supervisors for ultimate transmittal to the county recorder.

9. The subdivider shall provide to the city engineer one reproducible copy, one cloth or opaque mylar tracing copy and one paper copy of the recorded final map.

10. Time Limit Extension for Acting on Maps. The time limits specified in this chapter for acting on maps may be extended by mutual consent of the subdivider and the planning commission, or to accommodate the concurrent processing of related approvals or environmental review of the same project.

(Ord. 2620 § 1; February 23, 1993: Ord. 98-2690 § 1 (part); August 11, 1998; Ord. 2021-2886, § 4, June 8, 2021)

A. Dedication. The subdivider shall offer to dedicate for public use:

1. Right-of-way, in accordance with the city of La Mesa Street Improvement Standards, for streets and alleys within the subdivision intended for public use.

2. Right-of-way, in accordance with the city of La Mesa Street Improvement Standards, for off-site streets if such streets are required to connect the streets of the subdivision with the publicly maintained street system or to provide adequate circulation for the subdivision's traffic. If the subdivider is unable to obtain the right-of-way required by this subsection, the city may use its power of eminent domain to acquire the right-of-way, provided all costs are borne by the developer. The locations of such right-of-way shall be prescribed by the city council when it authorizes the exercise of its power of eminent domain.

3. Right-of-way for streets adjoining the boundaries of the subdivision if required to bring such streets into conformity with the city of La Mesa Street Improvement Standards.

4. Easements sufficient to permit installation and maintenance of publicly maintained storm drainage facilities, sewerage, street lighting, and other public utilities. Where a storm drainage facility is required to be extended outside of the boundaries of the subdivision, the required easement shall be obtained and the record data shown on the map.

B. Design. Each major subdivision shall conform to the following design requirements.

1. Each lot shall meet the lot area, lot width, lot depth and other development standards specified in the zoning ordinance, unless an approval has been given.

2. Each lot shall front on a dedicated street or a street offered for dedication. This subsection shall not apply to planned unit developments.

3. Lots other than corner lots having frontage on more than one street shall not be allowed unless direct vehicular access rights to one of the abutting streets are relinquished.

4. Panhandle-shaped or flag-shaped lots shall not be permitted except where necessitated by unusual terrain conditions. Panhandle-shaped or flag-shaped lots, if permitted, shall have a minimum frontage on a dedicated street and a minimum property width of the narrow portion or handle of the lot of:

a) Fourteen feet for a lot for a one-family dwelling, or

b) Twenty-two feet for a lot for two or more dwelling units.

5. The side lines of lots shall be approximately at right angles to the street line on straight streets or radial to curved streets.

6. Waiver of the right of direct vehicular access from individual subdivision lots to streets adjoining the boundaries of the subdivision may be required.

7. The design of a subdivision for which a tentative map is required shall provide, to an extent feasible, for future passive or natural heating or cooling opportunities. The design of the subdivision shall meet the requirements of city ordinance in providing for future passive or natural heating or cooling opportunities. In the design of a subdivision, consideration shall be given to climate, to contour and to configuration of the parcel to be divided. Examples of passive or natural heating opportunities in subdivision design, include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure. Examples of passive or natural cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

8. A planned residential development for residential purposes may be permitted in any R1 (single-family) zone when the application conforms to the requirements of the zoning ordinance for such developments and is accompanied by an application for a tentative tract map. The required findings for both applications shall be made prior to approval of the project.

C. Improvements. The subdivider, prior to approval of the final map by the city council, shall make or enter into an agreement to make all improvements prescribed on the approved tentative map and as a condition of approval of the tentative map. The agreement to make the subdivision improvements shall be guaranteed by the posting of appropriate security. Plans, profiles and specifications of proposed improvements shall be furnished to, and approved by, the city engineer prior to the approval of the final map by the city council. The minimum improvements required of the subdivider are:

1. Grading and improvement of public and private streets and alleys including surfacing, curbs, gutters, cross gutters, sidewalks, ornamental street lighting, street name signs and necessary barricades and safety devices.

2. Storm drainage and flood control facilities within and without the subdivision sufficient to carry storm run-off both tributary to and originating within the subdivision.

3. A public sewage system serving each lot of the subdivision. (A private sewer system designed and constructed to public sewer system standards for planned residential development and condominiums.)

4. A water supply system providing an adequate supply of potable water to each lot and fire hydrant within the subdivision. The water supply system shall be of the size and design prescribed by the Helix Water District, subject to the approval of the city engineer,

5. Fire hydrants and connections. Fire hydrants shall be of the type and at locations specified by the fire marshal.

6. Survey monuments.

7. Public utility distribution facilities including gas, electric, telephone and cable television necessary to serve each lot in the subdivision. All new and existing utility distribution facilities within the boundaries of the subdivision and within the half street abutting any new subdivision shall be placed underground. The subdivider is responsible for complying with the requirements of this subsection and shall make the necessary arrangements with each of the serving utilities for the installation of such facilities. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts and other facilities necessarily appurtenant to such underground utilities, and to street lighting systems, may be placed above ground. The provisions of this subsection shall not apply to the installation and maintenance of overhead lines which include electric transmission lines rated in excess of thirty-four thousand five hundred (34,500) volts or long distance and truck communication facilities. The installation of cable television lines may be waived by the planning commission if no licensed cable television operator can be found who is willing and able to install cable television lines in the subdivision.

The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, a capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision map, and thereafter to dedicate such improvements to the public. However, the subdivider shall be reimbursed for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements.

8. The subdivider may designate a portion of any unit or units of improved or unimproved land which is not divided for the purpose of sale, lease, or financing as a remainder parcel. The fulfillment of construction requirements for improvements for a designated remainder parcel shall not be required as provided in a written agreement between the subdivider and the City. Said agreement shall specify the timing and extent of improvements.

D. Improvement Security.

1. Security authorized or required by this title in connection with the performance of any act or agreement shall, at the option of and subject to the approval of the City of La Mesa, be one of the following;

a) A bond or bonds by one or more duly authorized corporate sureties.

b) A deposit, either with the City of La Mesa or a responsible escrow agent or trust company, of money or negotiable bonds.

c) An instrument of credit from one or more financial institutions pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment.

2. The amount of the security to guarantee the performance of any act or agreement shall be:

a) To guarantee the faithful performance of the act or agreement, an amount equal to the City Engineer's estimated cost of the improvements or of the act to be performed.

b) To guarantee payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act, an amount equal to fifty (50) percent of the City Engineer's estimated cost of the improvements or of the act to be performed.

c) For the warranty and guarantee of the work, for a period of one year following the completion and acceptance thereof, against any defective work or labor done or materials used, an amount equal to ten percent of the City Engineer's estimated cost of the improvements.

3. Security furnished pursuant to this section shall be released in the following manner:

a) Security given for faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work; provided that the release shall not apply to the amount of the security required for the guarantee and warranty period.

b) Security given to secure payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment may, six months after the completion and acceptance of the work or act, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the legislative body, plus an amount determined by the City Council to be required to assure the performance of any other obligations secured thereby. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

c) Security given for the guarantee or warranty of work shall be released upon the expiration of the period thereof.

E. Survey Monuments. The subdivider shall cause survey monuments to be set by a licensed land surveyor or registered civil engineer. Subdivision boundary monuments shall be set prior to approval of the final map by the City Council unless the City Engineer determines that such monuments might be disturbed by construction of improvements, provided that at least one exterior boundary line of the land being subdivided shall be adequately monumented or referenced before the map is recorded, Other required monuments shall be set prior to the filing of the final map unless the setting thereof is deferred. If deferred monumentation is authorized, the engineer or surveyor will be required to execute a delayed monumentation certificate on the final map and to post a security guaranteeing the payment of the cost of setting such monuments. Delayed monumentation shall be completed within thirty (30) days after completion of the required improvements and acceptance thereof by the City. The required monuments shall include:

1. Subdivision boundary monuments. Permanent monuments shall be set at each corner and the beginning and end point of each curve on the subdivision boundary; provided that any existing record and identified permanent monument, which meets all requirements of this subsection, found at such a point of corner, need not be replaced. Permanent monuments shall consist of an iron pipe at least two inches in diameter and two feet in length set vertically with the top of the pipe flush with the surface of the ground. The top of the pipe shall be filled with a metal, plastic, or cement plug to a depth of at least three inches and centered with a tack and disc. The City Engineer may establish the standards for monumenting corners where conditions preclude setting of iron pipes.

2. Lot corner monuments. Monuments shall be set at each lot corner other than those which are coincident with subdivision boundary monuments. Monuments set at lot corners may be offset and shall consist of:

a) An iron pipe three-fourths inch in diameter at least eighteen (18) inches in length. The top of the pipe shall be filled with a metal, plastic, or cement plug to a depth of at least three inches and centered with a tack and disc.

b) An iron rod one-half inch in diameter at least one foot in length, or

c) A metal plug with tack and disc set flush with the surface in Portland Cement Concrete sidewalk, curb or pavement.

3. Street alignment monuments. Covered monuments shall be required to mark the centerline alignment of public streets. Covered monuments shall conform to City of La Mesa Standard Drawings.

F. Soil Reports. The subdivider shall cause a preliminary soils report to be prepared by a registered civil engineer and submitted to the City Engineer. The report shall be based upon adequate test borings. If the preliminary soils report indicates the presence of critically expansive soils or other soil problems which, if not corrected would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the City Engineer. Such soils investigation shall be done by a registered civil engineer who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where the soil problem exists. The Planning Commission may approve the subdivision or portion thereof where such soil problem exists if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed.

(Ord. 2533 § 1; July 25, 1989)

A. Tentative Maps

1. General. Each tentative map shall be in the form, shall contain, and shall be accompanied by the data required by this chapter. Each tentative map shall also meet such additional requirements as may be imposed by the Planning Commission.

2. Form. The size of each sheet of the tentative map is optional and may be prescribed by the subdivider; provided that, if more than one sheet is used the sheets shall be of the same size. The scale of the map shall be large enough to show all details clearly and shall be not less than one inch equals one hundred feet. If the map is contained on more than one sheet, a composite or index sheet showing the entire subdivision shall be included, each sheet shall be included, each sheet shall be numbered, and the relation of each sheet to the adjoining sheet shall be clearly shown.

3. Information. Each tentative map shall contain:

a) A tract number which shall be assigned by the Director of Planning and shall be shown on each sheet of the tentative map.

b) The general legal description of the property being subdivided by reference to subdivisions or sectional surveys.

c) The identification of the record owners of the property including names, addresses and telephone numbers; except for purposes of this chapter and Government Code Sections 66436, 66439, 66465 and 66447, a public entity which has obtained a prejudgment order for possession of property pursuant to Section 1255.410 of the Code of Civil Procedure shall be deemed to be the record title owner of the property or property interests described in the order, provided the order for possession has not been stayed or vacated pursuant to Section 1255.420, 1255.430, or 1255.440 of the Code of Civil Procedure, no motion therefor is pending before the court, and the time prescribed by Section 1255.420 of the Code of Civil Procedure for filing a motion for relief from the order has passed.

d) The identification and signature of the subdivider including name, address and telephone number.

e) The identification and signature of the registered civil engineer or licensed land surveyor who prepared the map including name, address, telephone number and registration number.

f) The date of preparation of the map.

g) The zone classification as to intended land use of the lots in the subdivision.

h) The gross area of the subdivision calculated to the nearest hundredth of an acre.

i) The total number of lots proposed for the subdivision.

4. Mapping. Each tentative map shall show:

a) The subdivision boundary lines including dimensions. If the subdivider proposes to develop the subdivision in units, the boundaries of the proposed units shall be shown on the map.

b) Existing and proposed streets and alleys in and adjacent to the subdivision. The location and approximate dimensions of alleys and the location, approximate dimensions and name of existing and proposed streets shall be shown. The grades within one-half percent shall be indicated for proposed streets.

c) Railroads.

d) Lots. Lot lines, lot number and approximate dimensions and area shall be indicated for each lot.

e) Easements. The location, width and purpose of each existing or proposed easement shall be shown.

f) Utilities to be undergrounded which shall be clearly indicated.

g) Structures. The approximate location of existing structures shall be shown together with a clear indication of which structures are to be removed and which are to remain.

h) Flood hazards. Any area subject to flooding shall be clearly identified.

i) Topography. The approximate existing contours and the proposed general grading plan of streets, alleys, lots and easements shall be shown. Contours of adjacent land shall be shown when such contours affect the design of the subdivision.

j) Existing trees together with a clear indication of which are to remain and which are to be removed.

k) Fire hydrant locations.

l) Street light locations.

m) The north point which shall be shown on each map sheet.

n) The scale which shall be indicated on each map sheet.

5. Supplemental information. The tentative map shall show or be accompanied by a report from the subdivider regarding:

a) Street and alley improvements including a plan layout and typical sections.

b) Sewerage including sizes and approximate locations, alignment, lengths and grades.

c) Storm drainage facilities including types and approximate locations, alignment, lengths and grades.

d) A preliminary soils report in accordance with Section 22.02.020 F. Such report shall be kept on file for public inspection.

e) A title report covering the property subdivided.

f) Evidence shall be provided that each tenant in the case of conversion of residential real property into a community housing project received notification of intention to convert at least sixty (60) days prior to the filing of a tentative map.

g) Evidence shall be provided that each tenant in the case of conversion of residential real property into a community housing project received ten days' written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, and that such report will be available on request.

h) Evidence shall be provided that commencing at a date not less than sixty (60) days prior to the filing of the tentative map, the subdivider gave notice of such filing to each future tenant pursuant to Chapter 22.03.

B. Final Maps.

1. General. Each final map shall be based upon a survey and shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor. Each final map shall be in the form, shall contain and shall be accompanied by the data, required by this chapter. Each such map shall also conform to the requirements of the approved tentative map and any conditions to which the approval of the tentative map is subject.

2. Form. The final map shall be legibly drawn, printed, stamped or otherwise reproduced by a process guaranteeing a permanent opaque black record on tracing cloth or polyester base film. The size of each sheet shall be eighteen (18) inches in height by twenty-six (26) inches in width, and a marginal line leaving a blank one-inch margin shall be drawn completely around each sheet. The map shall consist of one or more title sheets and one or more map sheets. If the map is contained on more than one map sheet, a composite or index sheet showing the entire subdivision shall be included, The particular number of each sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and the relation of each sheet to each of the adjoining sheets shall be clearly shown. The scale of the map shall be large enough to show all details clearly and shall be not less than one inch equals one hundred feet.

3. Information. Each final map shall contain:

a) The tract number which shall be shown on each sheet of the map.

b) The general legal description of the property being subdivided by reference to subdivisions or sectional surveys which shall be shown on the title sheet.

c) A statement that a soils report of the soil conditions within the subdivision was prepared. The statement, which shall include the date of preparation and the name and registration number of the engineer who prepared the report, shall be shown on the composite sheet or on the map sheet of a map contained on one sheet.

d) The gross area of the subdivision calculated to the nearest hundredth of an acre which shall be shown on the composite sheet or on the map sheet of a map contained on one sheet.

e) The total number of lots in the subdivision which shall be shown on the composite sheet or on the map sheet of a map contained on one sheet.

f) The basis of bearings which shall be shown on the composite sheet or on the map sheet of a map contained on one sheet. The basis of bearings shall be a line through two existing permanent monuments of record for which a record bearing is shown.

g) A legend which indicates the meaning of any symbols used. The legend shall be shown on the composite sheet or on the map sheet of a map contained on one sheet.

4. Mapping. Each final map shall show:

a) All survey and mathematical data necessary to locate each monument and to locate and retrace each exterior or interior boundary line shown. Dimensions required are bearings and distances for straight lines and central angle, radius, arc length and tangent for curves. Distances and lengths shall be established in feet measured or calculated to the nearest hundredth of a foot. Angular measurements shall be established to the nearest second of arc.

b) The north point which shall be shown on each map sheet.

c) The scale which shall be indicated on each map sheet,

d) The exterior boundary of the land included within the subdivision which shall be indicated by distinctive symbols and clearly designated. The bearing and distance ties from the basis of bearings monuments to the subdivision boundary shall be clearly shown. The relationship of the subdivision to surrounding surveys shall be shown. If a designated remainder parcel consists of more than five acres gross area, it need only be indicated by deed reference to the existing boundaries. A remainder parcel, less than five acres, shall be surveyed and included in the map's boundaries.

e) Existing and proposed streets and alleys in and adjacent to the subdivision. The boundaries and dimensions of alleys and the name without abbreviations, boundaries, centerline data, total width, width of any portion being dedicated, width of the existing portion and width of each side of the centerline for each street shall be shown. Portions of streets to be dedicated shall be clearly identified. Any portion of a street which lies within the subdivision boundary and which has previously been dedicated shall be identified and the description of the recorded document by which the dedication was effected shall be stated.

f) Railroads. Railroad locations and right-of-way widths shall be shown.

g) Easements. The location and purpose of all existing and proposed easements shall be shown. Easement centerlines and boundaries shall be denoted by broken lines and centerline data and widths shall be indicated. The description of the recording document by which dedication was effected shall be indicated for each existing easement, and easements to be dedicated shall be clearly identified. In the case of easements which cannot be delineated, a note shall be placed in proximity to the legend indicating the purpose of the easement, a description of the recording document, and the reason the easement cannot be plotted.

h) Lots. Lot lines, lot line dimensions and lot number of each lot shall be shown. Each lot shall be shown entirely on one sheet. Lots shall be numbered consecutively commencing with number one.

i) Flood hazards. Any area subject to flooding shall be clearly identified.

j) Survey monuments. The location and nature of each monument found or set shall be shown. The map record of each monument found shall be indicated, provided that "no record" may be indicated when appropriate. The nature of monuments shall be indicated by symbols which shall be defined in the legend. Monuments reset shall be clearly designated.

5. Certificates. Each final map shall contain the following certificates which shall appear on the title sheet:

a) The owner's certificate, which is a certificate consenting to the preparation and recordation of the final map and dedicates or offers for dedication interests in portions of the real property for specified public purposes. This certificate shall be signed and acknowledged by all parties having any record title interest in the real property subdivided, except as follows:

1. A record title interest in land is not constituted by a lien for taxes, a special assessment lien, a mechanics lien, or a trust interest under bond indentures.

2. Signatures of parties owning the following types of interests may be omitted if their names and the nature of their respective interests are stated on the final map:

(a) Rights-of-way, easements or other interests which cannot ripen into a fee, provided that signatures shall be required for those owned by a public entity or public utility unless the City Council determines that division and development of the property in the manner set forth on the final map will not unreasonably interfere with the free and complete exercise of the right-of-way or easement.

(b) Right-of-way, easements or reversions which appear to be no longer of practical value and signatures which are impractical or impossible to obtain. A statement of the circumstances preventing procurement of the signatures shall be stated on the map.

3. The signature of either the holder of beneficial interests under trust deeds or the trustee under such trust deeds but not both, may be omitted. The signature of either shall constitute a full and complete subordination of the lien of the deed of trust to the map and any interest created by the map.

b) A title company certificate setting forth the names of all persons owning interest in the real property subdivided; provided that a subdivision guarantee in lieu of the certificate may be referenced on the title sheet.

c) A certificate by the engineer or surveyor. This certificate shall indicate the date of the survey, that the survey and map were made by him or under his direction and that the survey is true and complete as shown. The certificate shall also state that all the monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before a specified date, and that they are, or will be sufficient to enable the survey to be retraced.

d) A certificate by the City Engineer which shall indicate that he has examined the map, the subdivision is substantially the same as it appeared on the tentative map and any approved alterations thereof, all provisions of the Subdivision Map Act and local ordinances applicable at the time of approval of the tentative map have been complied with and that he is satisfied that the map is technically correct.

e) A certificate by the Secretary of the Planning Commission approving and recommending the map to the City Council.

f) A certificate for execution by the Mayor and City Clerk stating that the City Council approved the map and accepted on behalf of the public any real property offered for public use.

g) A certificate by the County Treasurer, County Engineer and County Director of Sanitation and Flood Control that no unpaid special assessments or bonds against the subdivision are shown by the records of their offices.

h) 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.

i) A certificate by the County Recorder indicating approval of the name of the subdivision.

j) A certificate of the County Recorder as to the filing of the map.

k) For purposes of this chapter and Sections 66436, 66439, 66465 and 66447, a public entity which has obtained a prejudgment order for possession of property pursuant to Section 1255.210 of the Code of Civil Procedure shall be deemed to be the record title owner of the property or property interests described in the order, provided the order for possession has not been stayed or vacated pursuant to Section 1255.420, 1255.430 or 1255.440 of the Code of Civil Procedure, no motion therefor is pending before the court, and the time prescribed by Section 1255.420 of the Code of Civil Procedure for filing a motion for relief from the order has passed.

6. Supplemental information. Material which, when required by the City Engineer, shall be submitted to the City Engineer, prior to or concurrent with the final map includes:

a) A title report covering the property subdivided.

b) A subdivision guarantee from a qualified title insurance company which guarantees that the parties named therein are the only parties having any record title interest in the property subdivided.

c) A letter from each public agency or public utility company furnishing utility services serving the area of the subdivision certifying that satisfactory provisions have been made as to location of their facilities, that required easements have been granted, and that the subdivider has made all deposits required for the connection of utilities within the subdivision.

d) A letter from each public entity or utility which shall be prerequisite to elimination of that public entity's or utility's signature from the final map. In each case the letter shall indicate that the public entity or utility does not object to the recording of the final map without its signature and that division and development of the property in the manner set forth on the final map will not unreasonably interfere with the free and complete exercise of the public entity or utility right-of-way or easement.

e) Letters of consent or easements from adjacent property owners, if required, for off-site grading or drainage facilities.

f) Traverse calculations for the map. Traverse data shall be provided for the exterior boundary of the subdivision with any necessary ties, the boundary of each irregular lot, and the centerline of each street and easement in the subdivision. Traverses shall be submitted in a form which facilitates checking the dimensions on the map. The error of closure shall be provided for each closed traverse.

g) An agreement executed by the subdivider guaranteeing the installation of subdivision improvements.

h) Plans and specifications for the subdivision improvements.

i) Improvement security and delayed monumentation security pursuant to the requirements of Section 22.02.020 D.

j) Evidence of the insurance coverage required pursuant to the subdivision improvement agreement.

k) Evidence that each tenant in the case of conversion of residential real property into a community housing project has been or will be given:

1. One hundred eighty (180) days' written notice of intention to convert prior to termination of tenancy due to the proposed conversion and

2. Notice of an exclusive right to contract for the purchase of their respective units upon the same terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than ninety (90) days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code unless the tenant gives prior written notification of his intention not to exercise the right.

3. Written notification within ten days of approval of the final map.