Chapter 5 — FINAL MAP REQUIREMENTS

In addition to conforming to the requirements of the SMA and this division, a final map shall comply with all requirements and conditions of the approved or conditionally approved tentative map. Whenever a final map is filed, the Director shall make a determination as to whether the final map is in substantial conformance with the approved tentative map and resolution of approval.

In determining whether the final map is in substantial conformance with the approved tentative map and resolution of approval, project change(s) required to comply with changes in State or Federal regulatory requirements shall be provided a 10 percent change allowance in addition to the substantial conformance determination if all of the following are met:

(a) It shall be determined that the project change(s) do not result in a new or substantially increased significant impact in accordance with the California Environmental Quality Act (CEQA).

(b) It shall be determined that that the project change(s) do not result in the creation of a situation that would be detrimental to the health, safety, or welfare of the public.

(c) It shall be determined that the project change(s) do not result in the elimination of project features required to meet other County of San Diego code requirements, including, but not limited to the following:

• (1) Elimination of a trail that provides a connection through the project that is needed for regional connectivity.

• (2) Reduction in the overall amount of parkland approved with the original project.

(3) Elimination of roads that are needed for emergency access, travel time, or to handle the traffic generated by the project.

(4) Reduction of area needed for required water supply well or onsite wastewater treatment system and reserve area.

The Director shall prepare written findings identifying the requirements or conditions that were not met or performed if the final map is disapproved.

(Amended by Ord. No. 6041 (N.S.), effective 5-28-81; amended by Ord. No. 6508 (N.S.), operative 3-1-83; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10529 (N.S.), effective 5-18-18; amended by Ord. No. 10744 (N.S.), effective 10-1-21)

No final map shall be filed in the Office of the County Recorder until approved by the Director. Upon receipt of a final map, the Director shall:

(a) Notify the Board, at its next regular meeting after receiving the map, that the map is being reviewed for approval.

(b) Cause the Clerk of the Board to post the notice of any pending approval by the Director, and include it on the Board's regular agenda. The Director will also notify community planning and sponsor group chairs, and other interested parties who request notice.

(c) Approve or disapprove the final map within ten (10) days following the meeting of the Board at which notice of the pending approval was given.

Approvals or disapprovals of final maps by the Director may be appealed to the Board within ten (10) days of the Director's decision. The Board shall periodically review the delegation of authority to approval final maps.

(Amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10529 (N.S.), effective 5-18-18)

No final map shall be approved unless the subdivider has offered for dedication all parcels of land shown on the map that are intended for public use. In those instances where a final map is approved by the Director, the Director may accept, accept subject to improvement or reject dedications and offers of dedication that are made by a statement on the face of the map or by separate instrument. The Director approving a final map where required improvements are secured by an agreement in accordance with Section 81.404 is delegated the authority to execute improvement agreements, accept security in the form prescribed by the SMA and Sections 81.408 and 81.409, and execute lien contracts, holding agreements and such additional agreements as may be necessary to secure the construction of the required improvements.

(Amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10529 (N.S.), effective 5-18-18)

In the event that a grant of an open space easement is to be made over any portion of the subdivision, the final map shall contain a certificate signed and acknowledged by those parties having any record title interest in the subdivided land granting the open space easement and stating the conditions of the grant. (Amended by Ord. No. 10037 (N.S.), effective 3-26-10)

A subdivider shall place on one or more additional map sheets all additional survey and map information including building setback lines, flood hazard zone lines, seismic lines and setbacks, limits of proposed street widening, approximate slope and drainage facility lines, geologic mapping, archaeological sites, solar notes, percolation certificate, soil notes, inundation lines, drainage swale lines or other information which may be required as a condition of a tentative map. The additional sheets shall indicate their relationship to the final map and shall contain a statement that the additional information is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest. The additional map sheets may also contain a notification that the information is derived from public records or reports and its inclusion in the map does not imply the correctness or sufficiency of these records or reports by the preparer of the map.

(Added by Ord. No. 7262 (N.S.), effective 2-13-87; amended by Ord. No. 10037 (N.S.), effective 3-26-10)

(a) Unless otherwise provided in this division a final subdivision map shall be prepared and filed pursuant to an approved tentative map for every major subdivision.

(b) In lieu of filing a final map, unless otherwise required by the SMA, a subdivider may file a parcel map for a major subdivision described in Government Code section 66426(a), (b), (c), (d) or (e). The parcel map shall comply with the requirements of chapter 8 of this division.

(Amended by Ord. No. 6508 (N.S.), operative 3-1-83; amended by Ord. No. 9675 (N.S.), effective 10-22-04; amended by Ord. No. 10037 (N.S.), effective 3-26-10)

Every final map shall:

(a) Contain a definite description of the land subdivided by references to recorded deeds, recorded maps and official United States surveys. Reference to tracts, recorded deeds and recorded maps shall be spelled out, worded identically with original records and show the book and page of records or map numbers.

(b) Use the California Coordinate System for its "basis of bearings" and express all measured and calculated bearing values in terms of that system. The angle of grid divergence from a true meridian (mapping angle) and the north point of the map shall appear on each map sheet. The basis of bearings may be established by using existing horizontal control stations meeting the standards of the California Public Resources Code. If the County Surveyor determines that global positioning satellite readings and first order control monuments are not available, the County Surveyor may waive the requirements of subsection (i) below and the use of the California Coordinate System as the basis of bearings. If these requirements are waived, two record monuments shown on a recorded map or an astronomic observation shall be required instead, subject to the County Surveyor's approval.

• (c) Show all easements to which the land is subject or to be subjected.

• (d) Clearly indicate existing monuments found and describe them.

• (e) Show the acreage of all parcels containing one acre or more.

(f) Clearly indicate, by description or a distinctive boundary line, any area subject to flooding at times of high tide or heavy rainfall and state that the area is subject to flooding at times of high tide or heavy rainfall. These areas shall be fixed by the Planning Commission or the Board at the time the tentative map is approved or conditionally approved.

(g) Show by a dotted line separating from public streets, all private ways, easements and other rights of way shown on the map that are not to be accepted as public streets. The map shall also clearly designate the nature and manner in which each private way, private easement and other private right of way is reserved or granted.

(h) Display on each map sheet, the tract number assigned by the Department for the subdivision. If the tentative map contains two or more units and the final map is to be filed separately by unit, the tract number shall also contain a numerical unit suffix assigned by DPW. The tract number shall be the only designated name of the subdivision appearing on the map and shall be preceded by the words "County of San Diego Tract."

(i) The following rules shall apply to field observed connections:

(1) When a survey for a final map was completed prior to January 1, 2000 and the survey is based on State plane coordinates, the survey shall show two measured ties from the boundary of the subject property to existing horizontal control stations having California Coordinate values of the second order accuracy or better, as provided in the County of San Diego's Horizontal Control book. These tie lines to the existing control shall be shown in relation to the California Coordinate System using grid bearings and grid distances. All other distances shown on the map shall be shown as ground distances. A combined factor for conversion of grid-to-ground distances shall also be shown on the map.

(2) When a survey for a final map was completed after December 31, 1999 and the survey is based on State plane coordinates, the survey shall show two measured ties from the boundary of the subject property to existing horizontal control stations having California Coordinate values of first order accuracy or better, as provided in the County of San Diego's Horizontal Control book or directly to the County's real time GPS network. These tie lines to the existing control shall be shown in relation to the California Coordinate System using grid bearings and grid distances. All other distances shown on the map shall be shown as ground distances. A combined factor for conversion of grid-to-ground distances shall be shown on the map.

(3) For purposes of this subsection, the date of the survey for the field observed connections shall be the date of survey as indicated in the surveyor's or engineer's certificate shown on the final map.

(Amended by Ord. No. 5062 (N.S.), effective 2-23-78; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 5589 (N.S.), effective 9-20-79; amended by Ord. No. 6508 (N.S.), effective 3-1-83; amended by Ord. No. 7695 (N.S.), effective 1-5-90; amended by Ord. No. 9102 (N.S.), effective 1-7-00; amended by Ord. No. 9697 (N.S.), effective 1-14-05, operative 2-14-05; amended by Ord. No. 10037 (N.S.), effective 3-26-10)

In addition to certificates and other material required by the SMA and this division every final map shall bear the following certificates:

(a) A certificate by the County Treasurer and the Director DPW that there are no unpaid special assessments or bonds shown by the records in their offices against the subdivision or any part of the subdivision.

(b) A certificate by the Clerk of the Board that the subdivider has complied with Government Code sections 66492 et seq. regarding deposits for taxes on the property within the subdivision.

(Amended by Ord. No. 4931 (N.S.), effective 7-7-77; amended by Ord. No. 5062 (N.S.), effective 2-23-78; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 5927 (N.S.), effective 12-12-80; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 10037 (N.S.), effective 3- 26-10)

Except as provided in section 81.510, every final map submitted to the Board shall bear the certificate of a qualified title company that the parties who signed and acknowledged the map as holders of record title interests are all the parties having any record title interest in the land subdivided, who are required by Government Code section 66436 to consent to the preparation and recording of the final map. The title company certificate shall also provide the name of each party owning an interest listed in Government Code section 66436(a) who did not sign the final map together with a description of each party's interest and the reason why that party was not required to sign the final map. The Clerk of the Board shall notify the title company making the certificate the date the Clerk will transmit the final map to the County Recorder, at least 48 hours before the date the Clerk will transmit the map to the Recorder. In accordance with Government Code section 66465, the subdivider shall have the title company, on the date the Clerk will transmit the map, provide written evidence to the Recorder that all the information contained on the original certificate is correct.

(Amended by Ord. No. 10037 (N.S.), effective 3-26-10)

(a) In lieu of the title company certificate required by section 81.509 the subdivider may obtain and file with the Director a guarantee from a qualified title insurance company that the parties who signed and acknowledged the final map are the only parties having any record title interest in the land subdivided, who are required to sign the final map. (b) If a subdivider obtains a guarantee from a title insurance company under this section the guarantee shall also list the name of each party who owns an interest described in Government Code section 66436(a) who did not sign the final map, together with a description of each party's interest and the reason why that party was not required to sign the final map.

(c) The Clerk of the Board shall notify the title company providing the guarantee the date the Clerk will transmit the final map to the County Recorder, at least 48 hours before the date the Clerk will transmit the map to the Recorder. In accordance with Government Code section 66465, the subdivider shall have the title company present written

evidence to the County Recorder on the date the Clerk will transmit the map, that at the time of filing of the final map with the County Recorder, the information in the original guarantee is correct.

(Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10529 (N.S.), effective 5-18-18)

In addition to complying with Government Code sections 66433 et seq., each final map shall be suitable for

microfilming and be of a drafting quality that when viewed or reproduced from microfilm at reduced scale, the map will be legible. The following standards shall also apply:

(a) Letter density shall be uniform and background density shall be uniform on each sheet to assure even contrast throughout each sheet.

(b) Minimum letter size shall be 0.10 inches in height for hand lettering and 0.08 for mechanically printed lettering. Letter spacing should be no less than 1/4 of the letter height used. Cursive writing and shadow block lettering shall not be used.

• (c) Minimum monument symbol size shall be 0.10 inches.

• (d) Self-adhesive or added on labels and certificates shall not be used.

• (e) Shading, screening or gray scale of any information shall not be greater than 20 percent.

• (f) Color shading shall not be used.

(g) In addition to a statement of scale, one graphic scale acceptable to the Director shall be shown on each sheet with one or more parcels. The graphic scale shall pertain to the predominant scale used on each sheet and be 4" minimum length.

(Amended by Ord. No. 6016 (N.S.), effective 5-7-81; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10529 (N.S.), effective 5-18-18)

When a soils report or geology report has been prepared for a subdivision, the report will be kept on file for public inspection with the Director.

(Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 6016 (N.S.), effective 5-7-81; amended by Ord. No. 6552 (N.S.), effective 4-15-83; amended by Ord. No. 7986 (N.S.), effective 11-7-91; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10529 (N.S.), effective 5-18-18)

A person requesting to amend a final map that has been recorded with the County Recorder to make one or more of the amendments listed in Government Code section 66469 or 66472.1, shall file a certificate of correction or an amending map with the Director. If the amending map or certificate of correction contains only those amendments allowed by Government Code section 66469 or 66472.1, complies with Government Code section 66470 and is certified by the County Surveyor, the Director shall file the amending map or certificate of correction with the County Recorder.

(Added by Ord. No. 6277 (N.S.), effective 5-27-82; amended by Ord. No. 7268 (N.S.), effective 2-27-87; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10529 (N.S.), effective 5-18-18)

(a) A person requesting modification of a filed final map due to a change in circumstances may only modify the final map by obtaining approval from the County, pursuant to this section, to file a certificate of correction or an amending map. The request for approval shall be filed with the Director. The request shall include the proposed certificate of correction or amending map, a statement of the changes in circumstances the applicant relies on and each condition of the recorded final map the applicant requests to modify.

(b) The Director shall hold a public hearing on the proposed modifications of the final map conditions and shall give notice of the public hearing according to Government Code section 66451.3. In addition, the Director will notify community planning and sponsor group chairs, and other interested parties who request notice. In order to approve the application to file a certificate of correction or an amending map the Director must find based on the evidence presented at the hearing that all of the following are true:

(1) There are changes in circumstances that make one or more of the conditions of the map no longer appropriate or necessary.

(2) The proposed modifications do not impose any additional burden on the fee owners of the real property.

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

(4) The map as modified conforms to Government Code section 66474.

(c) Within 10 days of the hearing the Director shall prepare a written decision approving or disapproving the application and include the reasons for the decision. A copy of the decision shall be mailed to the applicant, any person who opposed the application in writing or in person at the hearing and any other person who requested a copy of the decision.

(d) The applicant, a County officer or any person who opposed the application either in writing or in person at the public hearing may appeal the decision to the Board. The appeal shall be filed in writing with the Director within 10 days of the date of the Director's decision. The appeal before the Board shall be de novo.

(Added by Ord. No. 6277 (N.S.), effective 5-27-82; amended by Ord. No. 7268 (N.S.), effective 2-27-87; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10529 (N.S.), effective 5-18-18)

All final maps that include a designated remainder parcel shall include a statement on the face of the map advising that prior to the sale of the designated remainder parcel the seller shall obtain a certificate of compliance approved by the Department of Planning and Development Services.

(Added by Ord. No. 7204 (N.S.), effective 10-17-86; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10224 (N.S.), effective 10-25-12)

(a) Notwithstanding any other provision of this division, the Planning Commission may waive the requirement for filing a tentative subdivision map and preparing, filing and recording a final map for a condominium project on a single parcel if it finds that the proposed subdivision complies with the requirements as to lot area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and other requirements of this division and the SMA.

(b) An application for a waiver pursuant to this section shall contain sufficient information to enable the Planning Commission to make the findings required by this section.

(c) A tentative map and final map shall not be waived for a major subdivision for which dedications or improvements would be required.

(d) The processing of any application pursuant to this section shall be subject to the same time requirements and appeal procedures as are provided in this division for tentative subdivision maps. In any case where waiver of the tentative and final map is granted the Director shall file a certificate of compliance with the County Recorder pursuant to chapter 11 of this division.

(Added by Ord. No. 10037 (N.S.), effective 3-26-10)

(a) Notwithstanding any other provision of this division, the Planning Commission may waive the requirement for filing a tentative map and the preparing, filing and recording a final map for a mobilehome park conversion project on a single parcel if it finds that the proposed subdivision complies with the requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and other requirements of this division and the SMA.

(b) A major subdivision for conversion of an existing mobilehome park initiated by its residents shall have all public improvements waived if the Planning Commission finds that at least two-thirds of the existing residents support the subdivision of the mobilehome park and no existing resident will be displaced as a result of approving the subdivision. As used in this subsection, "resident" means a person who lives in the mobilehome park as a principal place of residence. The mobilehome park shall be deemed the principal place of residence for any existing resident where title to the mobilehome is in the name of a blood relative, including a: parent, child, sibling, uncle, aunt, niece, nephew, grandparent or grandchild.

(Added by Ord. No. 10037 (N.S.), effective 3-26-10)