Chapter 23.09 — FINAL MAPS

Section

• 23.09.001 General
• 23.09.002 Phasing
• 23.09.003 Survey required
• 23.09.004 Form
• 23.09.005 Contents
• 23.09.006 Submittal for county approval
• 23.09.007 Review and approval by County Engineer
• 23.09.008 Approval by Board of Supervisors
• 23.09.009 Denial by Board of Supervisors
• 23.09.010 Recording with the County Recorder
• 23.09.011 Correction and amendment

The form, contents, submittal, approval and recording of final maps shall conform to the provisions of the Subdivision Map Act and this title. (1966 Code, § 17-27) (Ord. 617, § 2(part))

(A) Multiple final maps relating to an approved or conditionally approved tentative map may be submitted prior to the expiration of the tentative map if the subdivider, at the time the tentative map application is filed, notifies the Planning Director in writing of the subdivider’s intention to file multiple final maps on the tentative map in accordance with §

In providing the notice, the subdivider shall not be required to define the number or configuration of the proposed

multiple final maps. (B) The recording of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map. The subdivision improvement agreement executed by the subdivider shall provide for the construction of improvements as required to constitute a logical and orderly development of the whole subdivision. (1966 Code, § 17-28) (Ord. 617, § 2(part))

(A) An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer authorized to practice land surveying in California or licensed land surveyor. (B) At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Cal. Business and Professions Code § 8771 so that another engineer or surveyor may readily retrace the survey. At least one exterior boundary line shall be monumented prior to recording the final map. Other monuments shall be set as required by the County Engineer. (1966 Code, § 17-29) (Ord. 617, § 2(part))

The final map shall be prepared by a registered civil engineer or licensed land surveyor in a form acceptable to the County Engineer and in conformity with the provisions of the Subdivision Map Act and as follows: (A) The final map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. (B) The size of each sheet shall be 18 by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be not less than one inch equals 100 feet or as may be necessary to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. When four or more sheets including the certificate sheet are used, a key sheet shall be included. All printing or lettering on the map shall be of one-eighth inch minimum height and of such shape and weight as to be readily legible on prints and other reproductions made from the original drawings. (1966 Code, § 17-30) (Ord. 617, § 2(part))

The contents of the final map shall conform to the provisions of the Subdivision Map Act and as follows: (A) Title. Each sheet shall have a title showing the subdivision number and name and the location of the property being subdivided with reference to maps which have been previously recorded or by reference to the plat of a United States Survey. The words “County of San Benito” shall appear in the title. (B) Scale, north point and basis of bearings. There must appear on each map sheet the scale, the north point and the basis of bearings. (C) Linear, angular and radial data. Sufficient linear, angular and radial data shall be shown to determine the bearings and lengths of monument lines, street centerlines, the boundary lines of the subdivision, the boundary lines of every lot and parcel which is a part of the subdivision, and ties to existing monuments used to establish the boundary. Arc length, radius and total central angle and radial bearings of all curves shall be shown. Ditto marks shall not be used in the dimensions and data shown on the map. (D) Subdivision boundary. The boundary of the subdivision shall be designated by a distinctive border in such a manner as not to obliterate figures or other data. Boundary shall be the limit of the underlying fee and title explanation shall be supplied where the boundary is not the centerline of abutting rights- of-way. (E) Adjoining properties. The adjoining corners of all adjoining subdivisions shall be identified by subdivision number and name and reference to the book and page of the recorded map showing the subdivision; if no subdivision is adjacent, then by reference to the last recorded deed by book and page number. (F) Lots. Lot lines shall be shown and dimensioned. The total area of each lot, calculated to the nearest thousandth of an acre or square foot, shall be indicated. Lot numbers shall begin with the number one in each subdivision and shall continue consecutively with no omissions or duplications. Each lot shall be shown entirely on one sheet of the final map, unless approved by the County Engineer. (G) City and county boundaries. City and county boundaries which cross or join the subdivision shall be clearly designated.

(H) Street names. The names of all streets, alleys or highways within or adjoining the subdivision shall be shown. (I) Monuments. The location and description of all existing and proposed monuments shall be shown. Standard county monuments shall be set at or on County Engineer approved offsets, at the following locations: (1) The intersection of street centerlines; (2) The beginning and end of curves or intersection of tangents on centerlines; and (3) Other locations as may be required by the County Engineer. (J) Easements and dedications. (1) Easements and dedications for roads or streets, paths, alleys, utilities, local transit facilities, stormwater drainage, sanitary sewers or other public use as may be required, shall be dedicated to the public for acceptance by the county or other public agency, and the use shall be specified on the map. All easements of record shall be shown on the final map with the widths, lengths and bearings of record. (2) All easements of record shall be shown on the map, together with the name of the grantee and sufficient recording data to identify the conveyance (e.g., Recorder’s serial number and date, or book and page of official records). (3) Easements not disclosed by the records in the office of the County Recorder and found by the Surveyor or Engineer to be existing, shall be specifically designated on the map, identifying the apparent dominant tenements for which the easement was created. (K) Certificates and acknowledgments. All certificates and acknowledgments shall be made as required by Cal. Gov’t Code Article 2 (commencing with § 66433) of Chapter 2 of Division 2 of Title 7 and shall appear only once on the cover sheet. Certificates shall include certificates for execution by the County Surveyor, Secretary of the Planning Commission, Clerk of the Board of Supervisors and County Recorder. (L) Additional information. (1) Additional survey and map information including but not limited to building envelopes, flood hazard zone, building setback lines, seismic zones geologic mapping and archaeological sites may be required. The information shall be in the form of an additional map sheet or a separate document that shall indicate its relationship to the final or parcel map according to Cal. Gov’t Code § 66434.2. (2) Any additional information as required by the County Engineer. (1966 Code, § 17-31) (Ord. 617, § 2(part))

(A) The subdivider shall submit prints of the final map to the County Engineer for review. (B) The preliminary prints shall be accompanied by the following data, plans, reports and documents in a form approved by the County Engineer and, where applicable, the County Counsel: (1) Improvement plans. Improvement plans as required by § 23.17.007; (2) Soil report. A soils report prepared in accordance with § 23.07.003 and Chapter 70 (Excavation and Grading) of the Uniform Building Code (adopted by reference by Chapter 21.01 of this code); (3) Title report. A title report showing the legal owners at the time of submittal of the final map; (4) Tax certificate. A certificate from the county’s Tax Collector stating that all state, county, municipal or local taxes, or special assessments collected as taxes, have been paid or that a tax bond or other adequate form of security assuring payment of all taxes or special assessments collected as taxes which are a lien but not yet payable has been submitted to the county; (5) Deeds for easements or rights-of-way. Deeds for off-site easements or rights-of-way required for road or drainage purposes which have not been dedicated on the final map. Written evidence acceptable to the county in the form of rights- of-entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the facility; (6) Traverse closures. Traverse calculations and closures for the boundary blocks, lots, easements, street centerlines and monument lines; (7) Hydrology and hydraulic calculations. Complete hydrology and hydraulic calculations of all storm drains and flood flow; (8) Governing documents. The submittal of a final map for a common interest development within the meaning of Cal. Civil Code §§ 1350 et seq. shall include the proposed declaration of covenants, conditions and restrictions containing the provisions described in Cal. Civil Code § 1353, and all other governing documents for the subdivision as are appropriate pursuant to Cal. Civil Code § 1363. The submittal of a final map for all subdivisions other than a common interest development shall include any declaration of covenants, conditions and restrictions proposed in connection therewith. All

documents shall be subject to review and approval by the County Engineer, Planning Director and County Counsel; (9) Guarantee of title. A guarantee of title, in a form acceptable to the County Engineer and County Counsel, shall be issued by a competent title company to and for the benefit and protection of the county and shall be continued complete up to the instant of recording of the final map, guaranteeing that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided, and all public easements being offered for dedication, and all acknowledgments thereto, appear on the proper certificates and are correctly shown on the map, both as to consents as to the making thereof and affidavits of dedication where necessary; (10) Improvement agreement. In the event sewer, water, drainage, grading, paving or other improvements required pursuant to § 23.17.003 have not been completed prior to the presentation of the final map, an agreement in accordance with the requirements of § 23.17.008 shall be submitted for the improvement thereof, except that in the case of a final map filed for a "large lot" subdivision or "small lot" subdivision containing any non-buildable lots permitted by § 23.07.001, such improvement requirements may be deferred until further subdivision of the large lot parcels. The subdivider shall secure the performance of the agreement in accordance with the requirements of § 23.17.009; (11) Liability agreement and insurance. A hold harmless agreement obligating the subdivider to hold the county and its officers, agents and employees harmless from any liability for damages or claims for damages for personal injury or death which arise from the wrongful operations of the subdivider and/or the subdivider’s subcontractors in connection with the subdivision. A certificate of insurance reporting to the county the amount of insurance the subdivider carries for the subdivider’s own liability for damages or claims for damages for personal injury or death which arise from the operations of the subdivider or his or her subcontractors in connection with the subdivision. The certificate of insurance shall name the county as an additional insured. The agreement and certificate required by this division shall be subject to prior review and approval by the County Engineer; and (12) Additional information. Any additional data, reports or information as required by the county. (1966 Code, § 17-32) (Ord. 617, § 2(part); Ord. 860, § 4 (part), 2010)

(A) The County Engineer shall review the final map and any other required information and the subdivider shall make corrections and/or additions until acceptable to the County Engineer. (B) The subdivider shall submit to the County Engineer the original tracing of the map and any duplicates per county requirements, corrected to its final form and signed by all parties required to execute the certificates on the map. Original signatures shall appear on the original drawing and on the blueline duplicate. Upon receipt of all required certificates and submittals, the County Engineer shall sign the appropriate certificates and transmit the original map to the Clerk of the Board. (1966 Code, § 17-33) (Ord. 617, § 2(part))

(A) The final map, approved by the County Engineer as complying with the approved or conditionally approved tentative map, shall be recorded with the Board of Supervisors of approval after all required certificates have been signed. The date the map shall be deemed recorded with the Board of Supervisors is the date on which the Clerk of the Board receives the map. The Board of Supervisors shall consider the final map for approval at its next regular meeting following receipt of the map by the Clerk of the Board. The County Engineer shall consider and if appropriate, approve the subdivision improvement agreement in accordance with the requirements of § 23.17.008. (B) At the time the Board of Supervisors approves the final map, it shall also accept, accept subject to improvement, or reject any offer of dedication. The Clerk of the Board shall certify on the final map the action of the Board of Supervisors. If at the time the final map is approved, any streets, paths, alleys, public utility easements, rights-of-way for local transit facilities or storm drainage easements are not accepted by the Board of Supervisors, the offer of dedication shall remain open. The Board of Supervisors may, by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, paths, alleys, rights-of-way for local transit facilities or storm drainage easements, which acceptance shall be recorded in the office of the County Recorder. The county may accept any dedications lying outside the subdivision boundary which require a separate grant deed. The acceptance shall be recorded in the office of the County Recorder. (C) If the final map is unacceptable, the Board of Supervisors shall make its recommended corrections, instruct the County Engineer to revise the final map and defer approval until an acceptable final map has been resubmitted. (D) The Board of Supervisors shall not postpone or refuse approval of a final map because the subdivider has failed to meet a tentative map condition requiring construction or installation of off-site improvements on land in which neither the subdivider not the county has sufficient title or interest to permit the improvements to be made. In such a case, the county shall comply with the provisions of § 23.17.003 and Cal. Gov’t Code § 66462.5. (1966 Code, § 17-34) (Ord. 617, § 2(part))

(A) The Board of Supervisors shall disapprove a final map if it finds that there has been a failure to comply with the requirements of the Subdivision Map Act, this title, the tentative map or any of the conditions thereof. The disapproval shall be accompanied by a finding specifically identifying the requirements or conditions which have not been met or performed. (B) The Board of Supervisors shall not disapprove a final map when the failure of the map is a result of a technical and inadvertent error which, in the opinion of the Board of Supervisors, does not materially affect the validity of the map; provided, however, that to the extent possible, the map shall be corrected prior to recordation. (1966 Code, § 17-35) (Ord. 617, § 2(part))

Upon approval of the final map by the Board of Supervisors, the Clerk of the Board shall execute the appropriate certificate on the certificate sheet and shall, subject to the provisions of Cal. Gov’t Code § 66464, transmit the map to the County Recorder. (1966 Code, § 17-36) (Ord. 617, § 2(part))

(A) Requirements. After a final map is recorded in the office of the County Recorder, it may be amended by a certificate of correction or an amending map for any of the following purposes: (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, retirement from practice or replacement 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, or originally was shown at the wrong location or incorrectly as to its character; and/or (6) To correct any other type of map error or omission as approved by the County Engineer, which does not affect any property right. The errors and omissions may include, but are not limited to, lot numbers, acreage, street names and identification of adjacent record maps. As used in this division, “error” does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final map. (B) Form and contents. The amending map or certificate of correction shall be prepared by a registered civil engineer or licensed land surveyor. The form and contents of the amending map shall conform to the requirements of §§ 23.09.004 and 23.09.005. The amending map or certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction. (C) Submittal and approval by County Engineer. The amending map or certificate of correction, complete as final form, shall be submitted to the County Engineer for review and approval. The County Engineer shall examine the amending map or certificate of correction and if the only changes made are those set forth in division (A) above, he or she shall certify to this fact on the amending map or certificate of correction. (D) Recording with the County Recorder. The amending map or certificate of correction, certified by the County Engineer, shall be recorded in the office of the County Recorder. Upon the filing, the County Recorder shall index the names of the fee owners and the appropriate subdivision designation shown on the amending map or certificate of correction in the general index and map index, respectively. Thereupon, the original map shall be deemed to have been conclusively so corrected, and thereafter shall impart constructive notice of all such corrections in the same manner as though set forth upon the original map. (E) Modifications. (1) A recorded final map may be modified by a certificate of correction or an amending map if the Planning Commission finds all of the following: (a) There are changes in circumstances which make any or all of the conditions of such a map no longer appropriate or necessary; (b) The modifications do not impose any additional burden on the present fee owner of the property; (c) The modifications do not alter any right, title or interest in the real property reflected on the recorded map; and (d) The map as modified conforms to the provisions of § 23.07.006. (2) The modification shall be set for public hearing before the Planning Commission in accordance with § 23.07.006. The Planning Commission shall confine the hearing to consideration of and action on the proposed modification. Any person aggrieved by a decision of the Planning Commission pursuant to this division may appeal the decision to the Board of Supervisors in accordance with the provisions of § 23.07.008.

(1966 Code, § 17-37) (Ord. 617, § 2(part))