Chapter 19.16

FINAL MAPS AND PARCEL MAPS*

Sections:

19.16.010 Filing and processing requirements.

• 19.16.020 Final map - Filing and recordation.

• 19.16.030 Parcel map - Filing and recordation.

• 19.16.040 Parcel map - Waiver of submittal authorized when.

• 19.16.050 Final map or parcel map - Form.

• 19.16.060 Final map or parcel map - Sheet size and margins.

• 19.16.070 Final map or parcel map - Materials required for permanent record.

• 19.16.080 Final map or parcel map - Title sheet requirements.

• 19.16.090 Final map or parcel map - Identification of individual sheets.

• 19.16.100 Maps showing only portions of tentative map.

• 19.16.110 Final map - Information to be shown.

• 19.16.120 Parcel Map - Information to be shown.

• 19.16.130 Final map - Director processing and transmittal.

• 19.16.140 Final map - City engineer processing and approval.

• 19.16.145 Final map - Appeal to city council.

Whenever this chapter conflicts with other provisions of this Code, the provisions of this chapter shall apply.

(Ord. 22152.)

• 19.16.150 Final map - Action by city council.

• 19.16.160 Final map - Approval and recordation conditions - Disapproved maps.

*State law references— For statutory provisions on final and parcel maps, see Gov. Code §§ 66433 - 66450 and 66456 - 66463; for provisions on reversion to acreage, see Gov. Code § 66499.11 et seq.

T19:25

SAN JOSÉ CODE

§ 19.16.010

• 19.16.170 Final map or parcel map - Condominium and common interest development.

• 19.16.180 Parcel map - Certificate of city engineer.

• 19.16.190 Exemption for certain parcels in minor subdivisions - Notation required on parcel map.

• 19.16.200 Parcel map - Not required for certain conveyances to public agencies.

• 19.16.210 Final or parcel map - Certificate of correction permitted when.

• 19.16.220 Requirements for maps amending final or parcel maps by certificate of correction.

• 19.16.230 Certificate of correction - Certified by county surveyor or city engineer when.

• 19.16.240 Amending map or certificate of correction - Filing and recordation - Effect.

• 19.16.245 Maps rejected by county recorder.

• 19.16.250 Merger and resubdivision of land.

• A. Each final map or parcel map shall be processed and approved or disapproved in accordance with the requirements of this chapter and the Subdivision Map Act.

• B. A tentative and final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where:

  1. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body; or

  2. Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway; or

  3. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the city council as to street alignments and widths; or

  4. Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter section.

• C. A parcel map shall be required for those subdivisions described in subsections B.1., 2., 3. and 4. herein and for other subdivisions for which a final map is not required under the Subdivision Map Act. A tentative and parcel map may be required for those subdivisions described in subsections B.1., 2., 3. and 4. herein for which the city engineer has determined that such maps are necessary to protect or preserve the public health, safety or welfare in accordance with Section 19.12.010.

(Prior code § 9218; Ords. 22126, 26734.)

• A. Within 30 months after the approval or conditional approval by the director of a tentative map showing subdivision for which a final map is required under Section 66426 of the Subdivision Map Act, the subdivider may cause the proposed subdivision or any part thereof, to be accurately surveyed and a final map thereof prepared in accordance with the tentative map as approved for recordation, and the original final map, together with as many copies thereof as are required by the city engineer.

• B. Failure to file such map with the city engineer within said period and to have said map recorded in the office of the county recorder within 30 months after the date of approval or

T19:26

SUBDIVISIONS

§ 19.16.030

• conditional approval of the tentative map shall automatically terminate all proceedings and a new tentative map must thereafter be submitted for processing. The time within which such filing and recording of a final map must take place may, upon written application of the subdivider, be extended by the director or the city council on appeal for a period not exceeding two years. Each application for such extension shall be accompanied by a processing fee in the amount set forth in the schedule of fees established by resolution of council. In the event the director denies a subdivider's application for extension, the subdivider may appeal to the city council within fifteen days after such denial.

• C. The period of time specified in subsections A. and B. above, shall not include any period of time during which a water or sewer moratorium, imposed after approval of the tentative map, is in existence; provided however, that the length of such moratorium does not exceed five years. Once such a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed; provided, however, that if such remaining time is less than 100 20 days, the map shall be valid for 100 20 days following the termination of the moratorium.

• D. The period of time specified in subsections A. and B. shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map if a stay of such time period is approved by the city pursuant to this section. Within ten days of the service of the initial petition or complaint in such lawsuit upon the city, the subdivider may apply in writing to the director for a stay. Within 40 days after receiving such application, the director shall either stay the time period for up to five years or deny the requested stay. Any

such denial may be appealed in accordance with the procedure set forth in Section 19.12.230 of this chapter.

(Prior code § 9219; Ords. 21035, 21051, 21298, 22126, 26386.)

• A. Within 30 months after the approval or conditional approval by the director of a tentative map showing a subdivision for which a parcel map is required under Section 19.16.010 above, the subdivider shall cause a parcel map thereof complying with the provisions of this title and of the Subdivision Map Act to be prepared, in accordance with the tentative map as approved for recordation of the original parcel map, together with as many copies thereof as are required by the city engineer to be filed with the city engineer.

• B. Failure to have such map recorded in the office of the county recorder within 30 months after the date of approval or conditional approval of the tentative map shall automatically terminate the proceedings, and a new tentative map must be thereafter submitted for processing. Upon application of the subdivider, an extension of the approval of the tentative map not to exceed two years may be granted by the city council or the director. In the event the director denies a subdivider's application for extension, the subdivider may appeal to the city council within fifteen days after such denial.

• C. The period of time specified in subsection B. shall not include any period of time during which a water or sewer moratorium, imposed after approval of the tentative map, is in existence; provided, however, that the length of such moratorium does not exceed five years. Once such a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed; provided, however, that if such remaining time is less than 100 20 days, the map shall be valid for 100 20 days following the termination of the morato-

T19:27

SAN JOSÉ CODE

§ 19.16.030

rium. This subdivision shall apply to a tentative map approved or conditionally approved prior to January 1, 1978, including any map which has expired during a moratorium which was imposed on or after April 1, 1977.

D. The period of time specified in subsections A. and B. shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map if a stay of such time period is approved by city pursuant to this section. Within ten days of the service of the initial petition or complaint in such lawsuit upon the city, the subdivider may apply in writing to the director for a stay. Within 40 days after receiving such application, the director shall either stay the time period for up to five years or deny the requested stay. Any such denial may be appealed in accordance with the procedure set forth in Section 19.12.230 of this chapter.

(Prior code § 9220; Ords. 19215, 22126.)

The director may waive the requirement of submission of a parcel map for subdivisions for which a parcel map is required under subdivisions (a), (b), (c) or (d) of Section 66426 of the Subdivision Map Act and other subdivisions for which a final map is not required under the Subdivision Map Act, if the director finds that the proposed division of land complies with the legal 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 the Subdivision Map Act and this title which are applicable to the division of such land. Whenever a parcel map is waived under this section, a tentative map is required pursuant to the provisions of Government Code Section 66428. (Prior code § 9220.1; Ord. 22126.)

Each final map or parcel map shall conform to all the requirements of this title and of the Subdivision Map Act applicable at the time of approval of the tentative map. The final map or parcel map shall conform to the approved or conditionally approved tentative map (if any is required), shall be prepared by a registered civil engineer or licensed land surveyor, shall be drawn to a scale large enough to show the details on the map clearly (100 feet to the inch or larger or such smaller scale as is approved by the city engineer) and more than one sheet shall be used if necessary to furnish sufficient space.

(Prior code § 9221.)

Each sheet of the final map or parcel map shall be eighteen inches by 26 inches in size. A marginal line shall be drawn on all four sides of the map leaving a one-inch blank margin. (Prior code § 9222.)

Each sheet of the final map or parcel map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth of good quality (or a polyester base film) except for signatures, which must be original. If ink is used on polyester base film, the surface shall be coated with a suitable substance to assure permanent legibility. (Prior code § 9223.)

The title sheet of each final map or parcel map shall contain a title consisting of the tract number and name, if any, conspicuously placed at the top of the sheet followed by the words "Consisting of _________ Sheets" showing the number thereof. The title shall also indicate whether the subdivision lies wholly or partly within the City of San José, and

T19:28

SUBDIVISIONS

§ 19.16.110

if partly in another city or cities, or in the unincorporated area of a county or counties, such fact shall be so indicated on the title sheet. The title sheet shall also contain a subtitle giving a general description of the property being subdivided by reference to maps which have been previously recorded or by reference to the plat of any United States survey. Each reference in such description to any tract or subdivision shall be spelled out and worded identically with the original recorded material on which such reference is based and complete references to the book and page of such recorded data in the office of the county recorder must be shown. (Prior code § 9224.)

Each sheet of the final map or parcel map shall bear the title of the map, the sheet number and the relation of one sheet to another, the scale of the map and a North point. (Prior code § 9225.)

The city engineer or the city council on appeal may refuse to approve for recording a final map showing only a portion of a tentative map when it finds it will not be feasible from an engineering standpoint to construct satisfactory improvements in the reduced area unless additional street or easement dedication and improvements are required and provided. The city engineer may refuse to approve for recording a parcel map showing only a portion of a tentative map when he finds it will not be feasible from an engineering standpoint to construct satisfactory improvements in the reduced area unless additional street or easement dedications and improvements are required and provided. (Prior code § 9226; Ord. 26386.)

The final map shall show and contain all of the following data:

• A. It shall be legibly drawn, printed or reproduced by a process guaranteeing a

permanent record in black on tracing cloth or polyester base film. Certificates may be legibly stamped or printed upon the maps 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 eighteen 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 large enough to show all details clearly and enough sheets shall be used to accomplish the 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.

• C. The date and scale of map, north point, and the dimensions of the boundaries. The exterior boundary of the land included within the subdivision shall be indicated by a blue-colored border. The definite location of the subdivision and particularly its relation to surrounding surveys.

• D. The names of the record owner, all parties having record title interest and the civil engineer or licensed land surveyor under whose direction the map was prepared, including the registration number of the engineer or surveyor.

• E. City boundaries which cross or adjoin the subdivision shall be clearly designated and located in relation to the subdivision.

• F. The location, width and purpose of all existing and proposed easements or rightsof-way (other than freeways, streets, alleys and pedestrian ways), whether public or private, within the proposed subdivision.

• G. The location, name (if existing), width and purpose of existing and proposed

• T19:29

SAN JOSÉ CODE

§ 19.16.110

easements or rights-of-way for freeways, streets, alleys and pedestrian ways within the proposed subdivisions.

• H. Lots shall be numbered and continue without omission or duplication throughout the subdivision. No prefix or suffix nor combination of letter and number shall be used. Each lot shall be shown entirely on one sheet unless such requirement is waived by the city engineer.

• I. The location of a designated remainder parcel shall be indicated, but need not be indicated as a matter of survey but only by deed reference to the existing boundaries of such remainder, if such remainder has a gross area of five acres or more.

• J. The names and/or numbers of adjacent subdivisions and the names of the record owners of unsubdivided property adjoining the proposed subdivision.

• K. All dimensions, both linear and angular, for locating the boundaries of the property, lots, streets, rights-of-way and easements within the subdivision and building setback lines adjacent to the proposed and existing streets within the subdivision, except that building setback lines shall not be required to be shown on the final map covering hillside areas. Linear dimensions shall be expressed in feet and decimals of a foot. Angular dimensions shall be expressed in degrees, minutes and seconds.

• L. The location of all permanent and proposed monuments, together with a description indicating their size. If any survey points were reset by reference points, that fact shall be stated.

• M. The location of any watercourse, channel, stream or creek adjoining or within the proposed subdivision.

• N. The existence of a soils report, a geologic report or soils and geologic reports required by this chapter or prepared specifically for the subdivision, together with

the date of such report or reports, the name of the engineer making the soils report and geologist making the geologic report, a copy of which said report or reports shall be kept on file in the office of the city clerk for public inspection.

• O. The approximate location of any known potentially active fault zone within the proposed subdivision.

• P. In the event that an owner's development lien has been created pursuant to the provisions of Article 2.5 (commencing with Section 39327) of Chapter 3 of Part 23 of the Education Code on the real property or portion thereof subject to the final map, a notice shall be placed on the face of the final map specifically referencing the book and page in the county recorder's office in which the resolution creating the owner's development lien was recorded. The notice shall state that the property subdivided is subject to an owner's development lien and that each parcel created by the recordation of the final map shall be subject to a prorated amount of the owner's development lien on a per acre or portion thereof basis.

• Q. Certificate stating 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 later date. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retracted.

(Prior code § 9228; Ords. 19629, 22126.)

The parcel map shall show and contain all of the following data:

• A. It shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates may be legibly stamped or printed upon

T19:30

SUBDIVISIONS

§ 19.16.120

the maps 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 eighteen 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 large enough to show all details clearly and enough sheets shall be used to accomplish the 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;

• C. The date and scale of map, north point, and the dimensions of the boundaries; the exterior boundary of the land included within the subdivision shall be indicated by a blue-colored border;

• D. The names of the record owner and the civil engineer or licensed land surveyor under whose direction the map was prepared, including the registration number of the engineer or surveyor;

• E. City boundaries which cross or adjoin the subdivision shall be clearly designated and located in relation to the subdivision;

• F. The location, width and purpose of all existing and proposed easements or rightsof-way (other than streets, freeways, alleys and pedestrian ways), whether public or private, within the proposed subdivision;

• G. The location, name (if existing), width and purpose of existing easements or rights-of-way for freeways, streets, alleys and pedestrian ways within the proposed subdivision;

• H. Lots shall be numbered or lettered and continue without omission or duplication throughout the subdivision. No prefix or suffix nor combination of letter

and number shall be used. Each lot shall be shown entirely on one sheet unless such requirement is waived by the city engineer;

• I. The location of each parcel and its relation to surrounding surveys. The location of any designated remainder of the original parcel shall be shown, but need not be shown as a matter of survey but only by reference to the existing record boundaries of such remainder if such remainder has a gross area of five acres or more;

• J. The names and/or numbers of adjacent subdivisions and the names of the record owners of unsubdivided property adjoining the proposed subdivision;

• K. All dimensions, both linear and angular, for locating the boundaries of the property, lots, streets, rights-of-way and easements within the subdivision, and building setback lines adjacent to the proposed and existing streets within the subdivision, except that building setback lines shall not be required to be shown on a parcel map covering hillside areas. Linear dimensions shall be expressed in feet and decimals of a foot. Angular dimensions shall be expressed in degrees, minutes and seconds;

rights-of-way and easements within the subdivision, and building setback lines adjacent to the proposed and existing streets within the subdivision, except that building setback lines shall not be required to be shown on a parcel map covering hillside areas. Linear dimensions shall be expressed in feet and decimals of a foot. Angular dimensions shall be expressed in degrees, minutes and seconds;

• L. The location of all permanent monuments, together with a description indicating their size;

• M. The location of any watercourse, channel, stream or creek adjoining or within the proposed subdivision;

• N. The date of any preliminary or final geologic and/or soils report required by this title, and the name of the engineer and/or geologist who prepared said report;

• O. The approximate location of any known potentially active fault zone within the proposed subdivision;

• P. In the event that an owner's development lien has been created pursuant to the

T19:31

SAN JOSÉ CODE

§ 19.16.120

• provisions of Article 2.5 (commencing with Section 39327) of Chapter 3 of Part 23 of the Education Code on the real property or portion thereof subject to the final map, a notice shall be placed on the face of the final map specifically referencing the book and page in the county recorder's office in which the resolution creating the owner's development lien was recorded. The notice shall state that the property subdivided is subject to an owner's development lien and that each parcel created by the recordation of the final map shall be subject to a prorated amount of the owner's development lien on a per acre or portion thereof basis.

• Q. If a field survey was performed, the parcel map shall contain a certificate by the engineer or surveyor responsible for the preparation of the map that states that all 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 the monuments are, or will be, sufficient to enable the survey to be retraced.

(Prior code § 9229; Ord. 22126.)

Upon receipt of the final map, the director shall check said final map to ascertain if it complies with the approved or conditionally approved tentative map and any requirements imposed as conditions to the acceptance of said map, and shall thereafter transmit it to the city engineer. (Prior code § 9230.)

• A. Upon receipt of the final map, the city engineer shall check same for correctness of surveying data, the adequacy of certificates of dedication, compliance with conditions of approval of tentative map, and any other matters

  • or features which require checking in order to insure that the map complies with the provisions of this title and of the Subdivision Map Act. If the final map complies in all respects with the tentative map as approved, if the subdivider has fulfilled all the conditions imposed by the director in connection with the provisions of the tentative map, and if the final map complies with the provisions of this title and the Subdivision Map Act, the city engineer shall endorse his or her certificate on the map in the form prescribed by the Subdivision Map Act and approve the map. The city engineer, by written finding, may waive the requirements of this subsection when the failure to conform is the result of a technical or inadvertent error which in the determination of the city engineer does not materially affect the validity of the map pursuant to the provisions of Government Code Section 66473.

• B. The city engineer shall accept, accept subject to improvement, or reject any and all offers of dedication of land for public use shown on the map, and the city clerk shall thereupon transmit said map to the clerk of the county board of supervisors for submittal to the county recorder; provided that the city engineer shall not endorse his or her certificate on or approve the map until the required improvements set forth in the approval of the tentative map have been installed or the subdivider has entered into an agreement to install such improvements.

• C. If the map does not comply with the provisions of this title and the Subdivision Map Act or does not conform to the approved or conditionally approved tentative map, the city engineer shall disapprove the map as provided in Section 19.04.060.

• D. The city engineer shall notify the city council at its next regular meeting after receipt of a final map that the city engineer is reviewing the map for final approval. The city clerk shall provide notice of the city engineer's pending decision on a final map by attaching and post-

T19:32

SUBDIVISIONS

§ 19.16.170

ing the notice with the city council's regular agenda and mailing the notice to interested parties who request notice. The city engineer shall approve or disapprove the final map within ten days following the meeting of the city council that was preceded by the clerk's notice.

• E. The city council shall review the delegation of authority to the city engineer hereunder annually in conjunction with its budget process.

• (Prior code § 9231; Ord. 26386.)

The city engineer's decision to approve or disapprove the final map may be appealed to the city council. Such appeal shall be in writing and filed with the city clerk within fifteen days of the city engineer's decision. The city clerk shall place the matter on the city council agenda as soon as is practicable.

(Ord. 26386.)

• A. The city council on appeal shall approve said map if it complies in all respects with the tentative map as approved, if the subdivider has fulfilled all the conditions imposed by the director in connection with the approval of the tentative map, and if the final map complies with all the requirements of the Subdivision Map Act and this title applicable at the time of approval or conditional approval of the tentative map. The city council, by resolution, may waive the requirements of this subsection when the failure to conform is the result of a technical or inadvertent error which in the determination of the city council does not materially affect the validity of the map pursuant to the provisions of Government Code Section 66473.

• B. The city council on appeal shall, at such meeting, also accept, accept subject to improvement, or reject any and all offers of dedication of land for public use, and unless the streets, alleys, pedestrian ways and easements have been improved and accepted shall, as a condi-

tion precedent to the acceptance of any streets, alleys, pedestrian ways or easements, provide for the improvement of such streets, alleys, pedestrian ways and easements in accordance with the standard specifications applicable at the time of approval of the tentative map and with the plans for the improvement of the subdivision which are approved by the city engineer.

(Prior code § 9232; Ords. 22126, 26386.)

If the city engineer or the city council on appeal approves said final map, it shall be recorded as provided by the Subdivision Map Act. The final map shall not be approved and recorded until the required improvements as set forth in the approval of the tentative map have been installed, or the subdivider has entered into an agreement to install such improvements. If the map is disapproved by the city engineer or the city council on appeal, the city engineer shall return the disapproved map to the subdivider with the reasons for such disapproval.

(Prior code § 9233; Ord. 26386.)

• A. Neither the city engineer nor the city council on appeal shall approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project, community apartment project, or a stock cooperative project unless the decisionmaker finds all of the following:

  1. Each of the tenants, and each prospective tenant, of the proposed condominium, community apartment project or stock cooperative project has received, pursuant to Sections 66452.9 and 6652.51 of the Subdivision Map Act, written notification of intention to convert at least 60 days prior to the filing of a tentative

T19:33

SAN JOSÉ CODE

§ 19.16.170

map pursuant to Section 19.12.010. There shall be a further finding that each such tenant, and each person applying for the rental of a unit in such residential real property, has, or will have, received all applicable notices and rights now or hereafter required by this title or the Subdivision Map Act. In addition, a finding shall be made that each tenant has 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. The written notices to tenants required by this paragraph shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

2. Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given written notification within ten days of approval of a final map for the proposed conversion.

3. Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given 180 days' written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. The provisions of this paragraph shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provisions of services, payment of rent or the obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code.

4. Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be ini-

tially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code of the state, unless the tenant gives prior written notice of his or her intention not to exercise the right.

• B. Neither the city engineer nor the city council on appeal shall approve a final map or a parcel map for a subdivision of commercial or industrial property into a condominium or common interest development unless the decisionmaker first finds that the subdivision complies with all of the requirements of Chapter 20.175 of this Code.

• C. This section shall not diminish, limit or expand, other than as provided herein, the authority of city to approve or disapprove condominium projects and common interest developments.

(Prior code § 9233.1; Ords. 18570, 22126, 26386, 27639.)

• A. If the parcel map complies with the provisions of this chapter and the Subdivision Map Act and conforms to the approved or conditionally approved tentative map, where required, if the subdivider has fulfilled all the conditions imposed by the director in connection with the approval of the tentative map, and if the city engineer after having examined the parcel map for the survey information shown thereon is satisfied that it is technically correct, the city engineer shall, within 20 days after receiving the parcel map or within such additional time as may be necessary endorse his or her certificate on the map in the form prescribed in the Subdivision Map Act and also accept, accept subject to improvement, or reject any and all offers of dedication of land for public use, and the city clerk shall thereupon transmit said

T19:34

SUBDIVISIONS

§ 19.16.190

• map to the clerk of the county board of supervisors for submittal to the county recorder; provided that the city engineer shall not endorse his or her certificate on a parcel map until the required improvements set forth in the approval of the tentative map have been installed or the subdivider has entered into an agreement to install such improvements. If the parcel map does not comply with the provisions of this title and the Subdivision Map Act or does not conform to the approved or conditionally approved tentative map, or if the subdivider has not fulfilled all the conditions imposed by the director in connection with the approval of the tentative map, the city engineer shall return such parcel map to the subdivider with the reasons of the city engineer for refusal to endorse his or her certificate on the map. In the event the city engineer refuses to endorse his or her certificate on the map for any reason other than that the survey information shown on the map is technically incorrect, the subdivider may appeal to the city council within fifteen days after such denial. References to the city engineer in this section shall in the absence of the city engineer be deemed to mean and include his or her authorized deputy.

(Prior code § 9234; Ords. 19629, 22126, 26734.)

• A. Whenever a parcel of real property is divided so as to become a minor subdivision, the director may, but shall not be required to, exempt the portion to remain in the original owner from the provisions and regulations of this title, except to the extent that such provisions and regulations are necessary to serve the parcel or parcels to be transferred or developed, or are necessary to insure adequate access to the parcel or parcels remaining in such owner, provided that the director finds that:

  1. The parcel or parcels so exempted are not currently proposed for development

and are subject to the issuance of a development permit or use permits, PD, conditional or site permit or permits before development can occur; and

2. Dedication of land, construction of improvements, payment of sanitary sewer connection fees, storm drainage fees and other fees normally required for parcels at the time of development are not needed for the parcel or parcels exempted at the time the development or use permit is approved and the parcel map recorded, and there is assurance that they will be provided if necessary or required under appropriate regulations at the time of development of such exempted parcel or parcels.

• B. Approval of the tentative map for a minor subdivision and recordation of a parcel map therefor shall not preclude the city from requiring further dedication of land and improvements and payment of applicable fees including, but not limited to, sanitary sewer connection fees and storm drainage fees for the parcel or parcels exempted under the provisions of this section, at the time of development of such parcel or parcels, and shall not be construed to be a waiver of requirements of such dedication, improvement and fees for such exempted parcel or parcels at the time of development, notwithstanding the provisions of Section 19.40.100 of the San José Municipal Code and Section 66499.35 of the Subdivision Map Act. Each tentative map and parcel map for minor subdivisions which contain a parcel or parcels exempted under this section shall contain the following notation which shall refer to the exempted parcel or parcels marked thereon:

"Parcel (or parcels) No.(s) _________ (insert the appropriate lot number or numbers of exempted parcel or parcels) is (are) subject to future dedication and improvement requirements under Site Development Permit(s), PD Permit(s), Conditional Use Permit(s), or similar regulations and

T19:35

SAN JOSÉ CODE

§ 19.16.190

payment of applicable sanitary sewer connection fees and storm drainage fees and other applicable fees before development." (Prior code § 9234.1; Ord. 26734.)

A parcel map shall not be required for (a) subdivisions of a portion of the operating right-ofway of a railroad corporation defined as such by Section 230 of the Public Utilities Code, which are created by short-term leases (terminable by either party on not more than 30 days' notice in writing), or (b) land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for right-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates such a parcel map.

(Prior code § 9234.3; Ords. 18570, 22126.)

• A. After a final map or parcel map is filed in the office of the county recorder, it may be amended by a certificate of correction or an amending map:

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

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

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

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

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

  6. To correct any other type of map error or omission as approved by the city engi-

neer, which does not affect any property right. Such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent record maps.

• B. As used in this section, "error" does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final or parcel map.

• (Prior code § 9234.2; Ords. 18570, 19215.)

The amending map or certificate of correction shall be prepared by a registered civil engineer or licensed land surveyor. An amending map shall conform to the requirements of Sections 19.16.050 through 19.16.090 and Section 19.16.110 if a final map, or Sections 19.16.050 through 19.16.090 and Section 19.16.120 if a parcel map. 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 or omission.

(Prior code § 9234.2a; Ords. 18571, 19215.)

If the subdivision is in unincorporated territory, the county surveyor shall examine the amending map or certificate of correction and if the only changes made are those set forth in Section 19.16.210, he shall certify to this fact on the amending map or certificate of correction. If the subdivision is in a city, such examination and certification shall be by the city engineer.

(Prior code § 9234.2b; Ord. 18571.)

The amending map or certificate of correction certified by the county surveyor or city engineer shall be filed in the office of the county recorder in

T19:36

SUBDIVISIONS

§ 19.20.020

which the original map was filed. Upon such filing, the county recorder shall index the names of the fee owners and the appropriate tract designation shown on the 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.

(Prior code § 9234.2c; Ord. 18571.)

Upon receipt of a final or parcel map which has been rejected for filing by the county recorder, the city clerk shall place the map on the agenda of the next regular meeting of the city council and the city council shall, within fifteen days thereafter, rescind its approval of the map and return the map to the subdivider unless the subdivider presents evidence that the basis for the rejection by the county recorder has been removed. The subdivider may consent to a continuance of the matter; however, the prior approval of the city council shall be deemed rescinded during any period of continuance. (Ord. 22126.)

Subdivided lands may be merged and resubdivided without reverting to acreage by complying with all the applicable requirements for the subdivision of land as provided by Subdivision Map Act and this title. The filing of the final map or parcel map shall constitute legal merging of the separate parcels into one parcel and the resubdivision of such parcel, and the real property shall thereafter be shown with the new lot or parcel boundaries on the assessment roll. Any unused fees or deposits previously made pursuant to this title pertaining to the property shall be credited pro rata towards any requirements for the same purposes which are applicable at the time of resubdivision. Any streets or easements to be left in effect after the resubdivision shall be adequately delineated on the map. After approval of the merger and resubdivi-

sion by the city council, the map shall be delivered to the county recorder. The filing of the map shall constitute legal merger and resubdivision of the land affected thereby, and shall also constitute abandonment of all streets and easements not shown on the map.

(Prior code § 9235.5; Ord. 19215.)