Tiburon Municipal Code Art. 2 Major Subdivisions

A tentative and final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in California Civil Code Section 783, a community apartment project containing five or more parcels, for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, or for an undivided interest project containing five or more residential dwelling units in which five or more individuals own an undivided interest coupled with the right of exclusive occupancy of any unit located thereon, except where any of the following apply:

(a) 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 town.

(b) Each parcel created by the division has a gross area of twenty acres or more and has an approved access to a maintained public street or highway.

(c) 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 town as to street alignments and widths.

(d) Each parcel created by the division has a gross area of not less than forty acres or is not less than a quarter of a quarter section.

(e) The land being subdivided is solely for the creation of an environmental subdivision pursuant to section 66418.2 of the Subdivision Map Act.

A parcel map pursuant to article 3 shall be required for those subdivisions described in subsection (a), (b), (c), (d), or (e) of this section or those creating four or fewer parcels.

(Ord. No. 573 N.S., § 3, 6-7-2017)

Ten paper sets of a tentative map, prepared as described in section 14-2.203, and ten reduced size (11" by 17") paper sets, shall be filed with the Director of Community Development, accompanied by an application form provided by the Director, data and reports as set forth in section 14-2.204, filing fees as set forth in the applicable Fee Schedule(s) of the Town of Tiburon, and all items listed on the town's tentative map application, or any successor thereto, which is available on the Town of Tiburon's official website. If the subdivision lies partially within two or more municipalities, the tentative map shall be filed with each municipality and acted upon by each.

(Ord. No. 573 N.S., § 3, 6-7-2017)

(a) General. A tentative map shall be based upon a field survey made in conformity with the Land Surveyors Act, shall be prepared by or under the direction of a land surveyor registered in the State of California or a civil engineer registered in the State of California who is authorized to perform land surveying, shall be legibly drawn, shall include a description of the real property being subdivided and the names, addresses, telephone numbers, and email addresses of the persons preparing and filing the map, and shall conform to the requirements of this section and the Subdivision Map Act.

(b) Map sheets. The size of each sheet shall be twenty-two inches by thirty-four 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 this. The number of each 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. The subdivision number shall be shown on each sheet. One or more reduced sets of the map sheets may also be required to be submitted, as specified by the director of community development.

(c) Scale, north arrow, basis of bearings, and elevation datum. Each sheet shall include a scale, north arrow, and basis of bearings based on previously recorded final maps, parcel maps, or records of survey in the vicinity of the site. The basis of bearings shall be approved by the town engineer. Elevation datum shall be NAVD 1988 unless specifically authorized in writing by the town engineer.

(d) Boundaries and monuments. The exterior boundaries of the land included within the subdivision shall be clearly indicated by distinctive symbols. The map shall show the definite location of the subdivision, and its relation to surrounding surveys. Town boundaries that cross or join the subdivision shall be clearly designated. The location of all existing and proposed monuments shall be shown based on the required survey. The map shall include a sufficient legal description, including all bearings, tract and lot identification, and distances, of the land as to define the boundaries of the area to be divided, including and describing all monuments found or set. The engineer or surveyor shall set sufficient durable monuments to conform to the standards described in section 8771 of the Business and Professions Code so that another engineer or surveyor may readily retrace the survey.

(e) 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 on every lot and parcel which is a part of the subdivision, and ties to existing monuments used to establish the boundary. Bearing and distance of all straight lines, and arc length, radius, 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.

(f) Parcels. The location of each parcel shall be shown, including the exact layout, bearings, dimensions and area of each parcel. New lot lines shall be shown as solid lines, and original lot lines shall be dashed lines. Each parcel shall be numbered or otherwise designated. Each parcel must be shown completely on one sheet; if more than one sheet is required to show a parcel, the first sheet shall contain a small-scale, un-dimensioned map of the entire parcel. The location of any remainder of the original parcel shall be shown, but if such remainder has a gross area of five acres or more, then it need not be shown as a matter of survey, but only by reference to the existing record boundaries of such remainder. Minimum lot size and width shall be in conformance with the requirements of chapter 16 of this Code, and as set forth in section 14-6.609(c).

(g) Streets. The locations, names, and widths of all existing adjacent highways, streets, and ways and the width of all proposed highways, streets, and ways within the subdivision shall be shown. Each proposed highway, street, and way shall be named or otherwise designated, and a cross-sectional drawing of each shall be provided on the map.

(h) Easements. The widths and locations of all existing and proposed easements for drainage, sewers, and public utilities shall be shown. Easements for roads or streets, paths, stormwater drainage, sanitary sewers, or other public use as may be required, shall be dedicated to the public for acceptance by the town or other public agency, and the use shall be specified on the map.

(1) 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, such as the county recorder's serial number and date, or book and page of official records.

(2) 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.

(3) The sidelines of all easements of record shall be shown by dashed lines on the final map with the widths, lengths and bearings of record.

(4) The width and location of all proposed easements shall be approved by the town engineer.

(i) Existing drainage courses. All existing drainage courses, creeks and waterways shall be identified and shown.

(j) Existing buildings and improvements. The location of existing buildings and improvements and their relationship to the existing and proposed lot lines shall be shown.

(k) Adjoining properties. All adjoining property shall be identified by subdivision number, or name when not identified by official number, and by reference to the book and page number of the filed map showing such subdivision. If no such subdivision is adjacent, the adjoining property shall be identified by the name of the owner and by reference to the recorded deed by book and page number for the last recorded owner of such adjacent property.

(l) Owners' consent. The tentative map shall indicate the names, addresses, telephone numbers and email addresses of all parties having any record title interest in the real property to be subdivided, and shall include a certificate, signed and acknowledged by all such parties, consenting to the preparation and recordation of the final map, except as provided in section 66436 of the Subdivision Map Act.

(Ord. No. 573 N.S., § 3, 6-7-2017)

The tentative map shall be accompanied by the following data and reports as may be required by the director of community development or town engineer.

(a) Title report. A preliminary title report, showing the legal owners at the time of filing the tentative map, along with two copies of all deeds, easements, and "exception" documents listed on the title report.

(b) Soils report. Unless waived in writing by the director of community development and town engineer, the preparation of a preliminary soils report is required. If a preliminary soils report indicates the presence of critically expansive soils, location of landslides, liquefaction or other soil problems which, if not corrected, could lead to structural defects, the soils report accompanying the final map shall contain an investigation of each lot within the subdivision. The director or town engineer may require additional information or reject the report if it is found to be incomplete, inaccurate or unsatisfactory. The preliminary soils report may be waived if the director or town engineer determines that, due to knowledge of the soil qualities in the subdivision, no preliminary analysis is necessary.

(c) Geotechnical report. A geotechnical report that evaluates seismic hazards and recommends appropriate mitigation measures, prepared in compliance with the requirements of the State Seismic Hazard Mapping Act, shall be submitted with the tentative map. The report shall identify mitigation measures that will be incorporated into the design of the subdivision to mitigate hazards from liquefaction, landslides and other seismic hazards subject to approval by the town engineer and the director of community development. With respect to landslide mitigation, the geotechnical report will address and provide mitigation consistent with the Town of Tiburon's currently adopted landslide mitigation policy. A professional independent review of the geotechnical report may be required by the town engineer or director at the applicant's expense, with the independent reviewer to be selected by the town.

(d) Preliminary drainage plan. A preliminary drainage plan that shows areas for treatment and storage of stormwater complying with the stormwater management requirements of chapter 20A of this Code for the two year storm. Provide calculations for determining these areas. Said plan shall also show areas for storage and detention of stormwater to needed to provide sufficient capacity to allow the storm drain system to convey the one-hundred year storm. At the tentative map stage these areas need not be based on complete hydrology and hydraulic calculations.

(e) Environmental site assessment. The director of community development and/or town engineer may require the preparation of a phase I environmental site assessment to determine the probable existence of any hazardous waste on the property, including contamination of soil, groundwater, or surface water. Such report shall be based on reasonably available knowledge of the property, including, but not limited to, historical use of the property, prior releases, visual and other surveys, records, consultant reports, and regulatory agency correspondence. The exact form and content of the report shall be as specified by the director or town engineer. If the report concludes that hazardous waste may exist on the property, further evaluation and/or remediation may be required as a condition of approval of the tentative map.

(f) Environmental review information. Where applicable, the subdivider shall provide additional data and information and pay such fees as may be required for the preparation and processing of environmental documents pursuant to the California Environmental Quality Act.

(g) A land capacity report (LCR) shall be required with all applications for major subdivision for which a precise development plan is not required pursuant to chapter 16.

(1) Submittal. An LCR shall be submitted before or in conjunction with the tentative map application for subdivision.

(2) Contents. An LCR shall contain the following:

a. A slope map depicting existing conditions and which shows, by shading or other clear means, areas of slope less than twenty percent, areas of slope twenty percent to thirty percent, areas of slope thirty percent to forty percent, and areas of slope in excess of forty percent. The acreage of each slope category shall be estimated.

b. A resource conservation analysis consisting of text and maps describing the land features and environmental resources including an identification and analysis of the following:

(i) Flood plains and areas where ponding may occur;

(ii) Geologic and soils conditions;

(iii) Hydrology;

(iv) Existing trees and areas of riparian vegetation;

(v) Scenic areas;

(vi) Rare or endangered plant and animal species and habitat areas;

(vii) Rock outcroppings;

(viii) Existing roads, trails and pathways;

(ix) Primary wildlife habitats and resources, including movement corridors;

(x) Cultural resources such as archaeological, historical and paleontological;

(xi) Knolls, ridges and other promontories where long-range views are seen;

(xii) Other noteworthy or unusual site characteristics.

(3) Waiver. An LCR may be waived by the Director of Community Development where a finding is made that the report would serve no useful purpose.

(4) Notice. A determination by the director to waive the requirement, or a refusal to do so after a waiver is requested by the applicant, shall be reported in writing to the applicant and to the planning commission within ten days of such decision.

(5) Planning commission action. The planning commission shall, at its next regular meeting following receipt of such decision, affirm or reverse the director's decision. The decision of the planning commission shall be final.

(h) Other reports. Any other data or reports deemed necessary by the Director of Community Development and/or the Town Engineer shall be submitted with the tentative map.

(Ord. No. 573 N.S., § 3, 6-7-2017)

(a) Applicability.

(1) Whenever a provision of the Subdivision Map Act, as implemented and supplemented by these subdivision regulations, requires the filing of a tentative map, a vesting tentative map may instead be filed, in accordance with the provisions of this section.

(2) If a subdivider does not seek the rights conferred by a vesting tentative map, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

(3) No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose that is inconsistent with the General Plan and any applicable specific plan, or not permitted by this title or other applicable provisions of the Municipal Code.

(b) Procedures.

(1) Filing and Processing. A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in this article for a tentative map, except as follows:

a. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map."

b. In addition to the submittal requirements set forth in sections 14-2.202 through 14-2.204 inclusive, a vesting tentative map shall be accompanied by the following plans and calculations when deemed necessary by the Director of Community Development:

i. Structural plans for any buildings or structures proposed to be constructed on the subdivided property in compliance with the building regulations in chapter 13.

ii. Energy calculations for any buildings proposed to be constructed on the subdivided property in compliance with the building regulations in chapter 13.

c. A subdivider shall obtain all discretionary approvals that will be required under this title in conjunction with the approval or conditional approval of the vesting tentative map in order to construct the development including, but not limited to, general plan amendments, rezoning or zoning text amendments, conditional use permits, variances, and site plan and architectural review approvals. An application for a vesting tentative map shall be determined to be incomplete if other required discretionary permit applications have not been submitted at the same time.

d. Upon filing a vesting tentative map, the subdivider shall pay the fees required by the town for the filing and processing of a tentative map as set forth in the applicable town fee schedule(s).

(2) Applications inconsistent with zoning. If the town determines that a vesting tentative map is inconsistent with the zoning of the property, the town may deny the vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary zoning changes to eliminate the inconsistency. If the necessary zoning changes are obtained, the approved or conditionally approved vesting tentative map shall confer the vested right to proceed with the development in substantial compliance with the zoning changes as approved.

(c) Vesting of development rights. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time that the application is determined to be complete by the town pursuant to California Government Code Section 66474.2 subject to the following:

(1) Any fees required for development under an approved vesting tentative map shall be payable at the rates in effect at the time such fees are due.

(2) A subsequent permit, approval, extension, building permit, or entitlement may be made conditional or denied pursuant to later ordinances, policies and standards if any of the following are determined:

a. A failure to do so would place the residents of the subdivision or the immediate community in a condition dangerous to their health or safety.

b. The condition or denial is required, in order to comply with State or Federal law.

(d) Expiration and Extension.

(1) The approval or conditional approval of a vesting tentative map shall expire at the end of the same period, and shall be subject to the same extensions that this article establishes for the expiration of the approval or conditional approval of a tentative map.

(2) Following the recording of a final map, the vested development rights shall last for the following periods of time:

a. An initial time period of one year beyond the recording of the final or parcel map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

b. The initial time period set forth in subsection (d)(2)(a) of this section shall be automatically extended by any time used for processing a complete application for discretionary approvals for the proposed development, including, but not limited to, General Plan amendments, zoning changes, conditional use permits, variances, design review or grading permits if such processing exceeds thirty (30) days from the date a complete application is filed.

(3) A subdivider may apply to the Planning Commission for a one year extension at any time before the initial time period set forth in subsection (d)(2)(a) of this section expires. If the extension is denied, the subdivider may appeal that denial to the Town Council pursuant to article 6 of chapter 16.

(4) If the subdivider submits a complete application for a building permit prior to the expiration of the final or parcel map, the development rights shall continue until the expiration of such building permit or the expiration of any extension of that permit.

(Ord. No. 573 N.S., § 3, 6-7-2017)

(a) Determination of complete application. The Director of Community Development shall determine whether an application is complete within thirty (30) days after receipt of the application and shall notify the applicant of the determination in writing. A tentative map application shall be accepted for filing only when the Director of Community Development determines that:

(1) All maps and information required by these subdivision regulations and the Subdivision Map Act have been submitted, checked and accepted as complete.

(2) All information required to conduct environmental review in compliance with the California Environmental Quality Act has been submitted.

(3) The required fees and deposits as set forth in the applicable Town fee schedule(s) have been paid.

(b) Referral. Within five (5) days of the Director's determination that a tentative map application is complete, the Director shall forward copies of the application to the Town Engineer, other affected Town departments, public agencies, utilities, and other interested parties. The affected public agencies and utilities may, in turn, forward to the Director their findings and recommendations.

(Ord. No. 573 N.S., § 3, 6-7-2017)

The Town Engineer shall review the form and contents of the tentative map and accompanying data and reports pursuant to the requirements of this chapter and any additional requirements established by the town engineer, and shall convey his or her comments to the subdivider's engineer or surveyor. The subdivider's engineer or surveyor shall make corrections and/or additions until the map is acceptable to the town engineer.

(Ord. No. 573 N.S., § 3, 6-7-2017)

(a) Public hearing. The planning commission and/or town council shall hold a public hearing on a tentative map pursuant to section 66451.3 of the Subdivision Map Act and the review authorities set forth in article 6 of chapter 16. The director of community development shall prepare and distribute a staff report pursuant to section 66452.3 of the Subdivision Map Act, including distribution of the staff report at least three days prior to the hearing to the subdivider and, in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, to each tenant of the subject property.

(b) Action required. After conducting a public hearing, the planning commission or town council, pursuant to their respective authorities, shall approve, conditionally approve, or deny a tentative map within fifty days after certification of an environmental impact report, adoption of a negative declaration or determination that the project is exempt from the requirements of the California Environmental Quality Act.

(c) Findings. A tentative map may be approved or conditionally approved only if all of the following findings are made:

(1) Consistency. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, any applicable specific plan, precise development plan or area plan, these subdivision regulations, and other applicable provisions of this Code.

(2) Lot width, area, and design. The proposed lots are of such width, area, and design as the review authority finds to be necessary to preserve the purpose and intent of this chapter and other applicable provisions of this Code.

(3) Passive or natural heating and cooling. The design of the subdivision will provide, to the extent feasible, for future passive or natural heating and cooling features in accordance with section 66473.1 of the Subdivision Map Act.

(4) Availability of water. Water will be available and sufficient to serve a proposed subdivision in accordance with section 66473.7 of the Subdivision Map Act.

(5) Site suitability. The site is physically suitable for the type and density of development proposed.

(6) Fish and wildlife. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or to substantially and avoidably injure fish or wildlife or their habitat.

(7) Public health. The design of the subdivision and the type of improvements are not likely to cause serious public health problems.

(8) Easements. The design of the subdivision and 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. The review authority may approve a map if it finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to easements previously acquired by the public. This shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is granted to the review authority to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

(9) Sewers. The waste discharge into the public sewer system from the proposed subdivision would not add to, or result in, violations of requirements of the regional water quality control board, any applicable National Pollutant Discharge Elimination System (NPDES) permit, or other restrictions of the sanitary sewer collection system imposed by the applicable sanitary district.

(d) Exceptions. Exceptions to the standards set forth in this chapter may be approved if all of the following findings are made:

(1) That the strict application of any such standard would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this chapter.

(2) That there are exceptional circumstances or conditions applicable to the property being subdivided or to its intended use or development.

(3) That the granting of the exception will not be materially detrimental to the public welfare nor injurious to the property being subdivided or to improvements in the immediate vicinity.

(e) Conditions of approval. Conditions necessary to make the findings required by this section or to meet the requirement of these planning regulations or the Subdivision Map Act may be imposed on the approval of a tentative map, including, but not limited to, the following:

(1) Recommendations of public agencies and utilities. Conditions related to any recommendations of affected public agencies and utilities submitted pursuant to section 14-2.206(b) may be imposed on the tentative map.

(2) Joint use. A condition may be imposed, when applicable, requiring agreements for the joint use of portions of private streets and driveways, including areas to be landscaped and jointly maintained.

(3) Indemnification. Whether or not such a condition is explicitly listed as a condition of approval, every approved tentative map shall be deemed to include a condition requiring the subdivider to defend, indemnify and hold harmless the town and its agents, officers and employees from any claim, action or proceeding against the town or its agents, officers or employees to attach, set aside, void or annul an approval of the planning commission or town council concerning a subdivision. The town shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense.

(4) Multiple final maps. If the subdivider has provided written notice of the intention to file multiple final maps on the tentative map pursuant to section 14-6.215, reasonable conditions may be imposed relating to the filing of multiple final maps.

(5) Residential condominiums. Residential condominiums, in the discretion of the director of community development, may be conditioned to require recordation of covenants, conditions, and restrictions that include the current basic eligibility requirements of the Federal Housing Administration (FHA) for condominium project approval, including, but not limited to, requirements for owner occupancy and limitations on investor ownership and commercial space.

(f) Approval by failure to act. If no action is taken by the planning commission or town council within the time limit specified in subsection (b) of this section, and all other applicable town and state requirements have been met, including but not limited to compliance with the Subdivision Map Act, these subdivision regulations, other applicable town regulations, the general plan and the California Environmental Quality Act, the tentative map application shall be deemed to be approved by the planning commission or town council. It shall be the duty of the town clerk to certify the approval. If applicable, the appeal period to the town council pursuant to article 6 of chapter 16 shall begin on the date of such certification.

(Ord. No. 573 N.S., § 3, 6-7-2017)

(a) Expiration. Except as otherwise provided by section 66452.6 of the Subdivision Map Act, a tentative map shall expire three years after the date of its approval by the planning commission or town council, unless an application for a parcel map or final map is filed pursuant to the requirements of this chapter within that period. However, the expiration date shall be extended in accordance with section 66452.6(a) of the Subdivision Map Act if the filing of multiple final maps is authorized pursuant to section 14-2.215, and if the subdivider is required to provide off-site improvements in the amounts specified in section 66452.6(a) of the Subdivision Map Act.

(b) Extensions.

(1) Request by subdivider. The subdivider may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the director of community development prior to expiration of the map. If such a request is filed, the map shall automatically be extended for sixty days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first.

(2) Public hearing. The director of community development shall prepare and distribute a staff report and the planning commission and/or town council, pursuant to their respective authorities, shall hold a public hearing on the requested extension.

(3) Planning commission or town council action. The planning commission or town council may approve the extension request only if it makes all of the following findings:

a. That the subdivider has clearly documented that it has made a good faith effort to complete the subdivision process.

b. That it is in the best interest of the Town of Tiburon to extend the tentative map.

c. That there are no substantial changes to the project, no substantial changes to the circumstances under which the project is undertaken, and no new information of substantial importance that would require any further environmental review pursuant to the California Environmental Quality Act.

(4) Time limit of extension. Time extensions approved by the planning commission or town council may be for a period of up to three years. In no case shall the expiration of the tentative map extend more than six years from the date of its approval by the planning commission or town council, except as otherwise provided by the Subdivision Map Act. After that time, a new tentative map application shall be required.

(Ord. No. 573 N.S., § 3, 6-7-2017)

(a) Minor changes. Minor changes in an approved tentative map may be approved by the director of community development and town engineer upon application by the subdivider or on the town's initiative; provided, that:

(1) No lots, units or building sites or structures are added.

(2) Changes are consistent with the intent of the original tentative map approval.

(3) There are no resulting violations of this Code.

(b) Substantive changes. Amendments of the tentative map that in the opinion of the director of community development or town engineer are not minor shall be referred to the planning commission and/or town council, pursuant to their respective authorities as set forth in article 6 of chapter 16, for a decision subject to the procedures for processing a tentative map as set forth in this article.

(c) Expiration date. Any approved amendment shall not alter the expiration date of the tentative map.

(Ord. No. 573 N.S., § 3, 6-7-2017)

The planning commission's decisions on tentative maps for minor subdivision, including extensions and amendments, may be appealed de novo to the town council using procedures set forth in article 6 of chapter 16 and pursuant to section 66452.5 of the Subdivision Map Act.

(Ord. No. 573 N.S., § 3, 6-7-2017)

Fifteen paper "check print" copies of a final map conforming to the approved or conditionally approved tentative map, prepared as described in section 14-2.213 and accompanied by data and reports as set forth in section 14-2.214, shall be filed with the director of community development for review in association with a final map or parcel map application form provided by the director. The subdivider's engineer, surveyor, or other professional shall make any corrections and/or additions to application materials as required by the town engineer and/or director of community development until the final map application meets the requirements of the approved or conditionally approved tentative map and related town requirements and is deemed complete and accepted for filing. If the subdivision lies partially within two or more cities, the map shall be filed with each town and acted upon by each as provided in section 66457(b) of the Subdivision Map Act.

(Ord. No. 573 N.S., § 3, 6-7-2017)

The form and content of a final map shall conform to the requirements of this section and section 66443 of the Subdivision Map Act, and shall be the same as that of a tentative map, as set forth in section 14-2.203, except as follows:

(a) Permanence. A final map shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on 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) Monuments. At least one exterior boundary line shall be marked with a standard town monument prior to recording the final map. Other monuments shall be set as required by the town engineer at or on approved offsets from the following locations:

(1) The intersection of street centerlines;

(2) Beginning and end of curves or intersection of tangents on centerlines; and

(3) Other locations as required by the town engineer.

(c) Abandonment of streets and easements. The filing of the final map shall constitute abandonment of all public streets and public easements not shown on the map; provided that written notation for each abandonment is listed by reference to the recording data or other official record creating these public streets or public easements and certified on the map by the town manager. Before a public easement vested in another public entity may be abandoned pursuant to this section, that public entity shall receive notice of the proposed abandonment. No public easement vested in another public entity shall be abandoned pursuant to this section if that public entity objects to the proposed abandonment.

(d) Engineer's/surveyor's statement. The final map shall contain a statement 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 those positions on or before a specified date, and that the monuments are, or will be, sufficient to enable the survey upon which the final map is based to be retraced.

(e) Town engineer's statement. The final map shall include a statement to be signed by the town engineer confirming that he or she has examined it and found it to be technically correct, consistent with the approved tentative map, and in compliance with these subdivision regulations and the Subdivision Map Act.

(f) Director of community development's statement. The final map shall include a statement to be signed by the director of community development confirming that he or she has examined it and found it to be in compliance with the tentative map as approved by the planning commission or town council, indicating the date of such approval, and indicating that the map is in compliance with the Tiburon General Plan and all other planning requirements.

(g) Additional information. The town may require additional information to be recorded simultaneously with the final map. Whenever additional information is made by a separate document, there shall appear on the final map a reference to the separately recorded document. This reference shall be completed by the Marin County Recorder according to section 66468.1 of the Subdivision Map Act. Additional information may include the following:

(1) Covenants, conditions and restrictions (CC&Rs).

(2) Regulatory agreements.

(3) Property maintenance agreements.

(4) Other documents or agreements required by the planning commission or town council as conditions of approval on the tentative map.

(5) Additional survey and map information including, but not limited to, information related to any associated precise development plan or other zoning permit requirements or conditions. The additional information shall be in the form of an additional "public information" map sheet or sheets, labeled as such, which shall indicate the relationship of the information to the final map, and shall contain a statement that the additional information is for public information purposes, describes conditions as of the date of the recording, and is not intended to affect record title interest. The additional map sheet or sheets may also contain a notation that the additional information is derived from public records, or reports, and does not imply the correctness or sufficiency of those records or reports by the preparer of the document or additional map sheet.

(Ord. No. 573 N.S., § 3, 6-7-2017)

The final map shall be accompanied by the following data or reports as may be required by the director of community development or town engineer:

(a) Title report. A current title report, showing the legal owners at the time of filing the final map, shall be submitted with the final map, accompanied by copies of all deeds and easement descriptions referenced in the report.

(b) Guarantee of title. A guarantee of title, in a form acceptable to the town engineer and town attorney, shall be issued by a competent title company to and for the benefit and protection of the town and shall continue 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 to the making thereof and affidavits of dedication where necessary.

(c) Deeds and maps. The final map shall be accompanied by copies of deeds for all adjoining property, and copies of all maps referenced in the title report.

(d) Easements. The final map shall be accompanied by written evidence of rights of entry or permanent easements across private property outside of the subdivision that permit or grant access to perform necessary construction work or permit the maintenance of any sewer, water, electric and/or other facility.

(e) Improvement plans and agreement. Improvement plans and an improvement agreement as required by article 6 of this chapter shall accompany the final map.

(f) Soils report. If the director of community development or town engineer required a preliminary soils report with the filing of the tentative map, and if the preliminary soils report indicated the presence of critically expansive soils, slides, slide plains or other soil problems which, if not corrected, could lead to structural defects, or site problems, the soils report accompanying the final map shall contain an investigation of each lot within the subdivision. The director or town engineer may require additional information or reject the report if it is found to be incomplete, inaccurate or unsatisfactory.

(g) Traverse closures. Traverse closure calculations for the subdivision boundary, lot blocks, all lots and parcels (including remainder parcels), road rights-of-way, and proposed non-parallel easements (including private easements), shall be submitted with the final map.

(h) Hydrology and hydraulic calculations. Complete hydrology and hydraulic calculations of all storm drains shall be submitted with the final map unless waived in writing by the town engineer. These calculations shall include, at a minimum, analyses for the two-year and one-hundred-year storm events sufficient to demonstrate the adequacy of existing and/or proposed drainage facilities. Stormwater runoff from the subdivision shall be treated on-site in accordance with the stormwater management requirements of chapter 20A of this Code, and shall be collected and conveyed by an approved storm drain system designed in accordance with article 6 of this chapter.

(i) Covenants, conditions and restrictions. If required by the town, the submittal of the final map for a common interest development within the meaning of California Civil Code Section 4000 et seq. shall include the proposed declaration of covenants, conditions and restrictions, containing the provisions described in currently applicable provisions of the California Civil Code, and all other governing documents for the subdivision. The submittal of the final map for all subdivisions other than a common interest development shall include any proposed declaration of covenants, conditions and restrictions, including provisions assigning maintenance responsibility for privately-maintained improvements. All documents shall be subject to review and approval by the director of community development, town engineer, and town attorney.

(j) Electronic copy. In addition to paper copies as required, the final map shall also be submitted in an approved electronic format as required by the director of community development and town engineer.

(k) Other reports. Any other data or reports deemed necessary by the director of community development and/or the town engineer shall be submitted with the final map.

(Ord. No. 573 N.S., § 3, 6-7-2017)

(a) Notice of intention to file multiple final maps. Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if the subdivider, at the time the tentative map is filed, informs the director of community development in writing of the subdivider's intention to file multiple final maps on the tentative map, or after the filing of the tentative map the subdivider and director of community development concur in the filing of multiple final maps. In providing the notice, the subdivider shall not be required to define the number or configuration of the proposed multiple maps.

(b) Filing of multiple final maps. The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map. Each final map that constitutes a part of the approved or conditionally approved tentative map shall have a separate subdivision number, and shall be subject to any reasonable conditions imposed pursuant to section 14-2.208(e)(4). The public 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.

(Ord. No. 573 N.S., § 3, 6-7-2017)

(a) Review by town engineer and director of community development. Following the acceptance for filing of the final map by the director, the subdivider's engineer or surveyor shall submit the polyester base film original of the final map, signed by all parties required to execute the statements on the map as of that date, to the director of community development.

(b) Certification by town engineer and director of community development. When the town engineer and director of community development are satisfied that the final map meets the requirements of this chapter, they shall certify the map by signing the their respective statements contained on the final map.

(c) Approval by town council. Ministerial approval of a final map shall occur at a public meeting of the town council.

(d) Acceptance of dedications by town council. If any dedications are required pursuant to article 6 of this chapter, the town council shall by resolution, accept, accept subject to improvement, or reject any offer of dedication prior to recordation of the final map. The town clerk shall certify the acceptance or rejection by signing a statement to this effect on the final map. Any certificate for dedications prepared pursuant to section 14-6.607 shall be included on the map.

(Ord. No. 573 N.S., § 3, 6-7-2017)

Except as provided in section 66493 of the Subdivision Map Act, upon approval of the final map by the town council and certification by the town clerk, the map shall be submitted to the Marin County Recorder by the town or by a title company or other authorized agent that the town has designated for transmittal to the county recorder. If any part of the subdivision is subject to a lien for taxes or special assessments collected as taxes which are not yet payable, the final map shall be processed in accordance with section 66493 of the Subdivision Map Act. If the subdivider dedicates property to the town, a certificate concerning the dedication as provided in section 14-6.607 shall also be prepared and appear on the face of the final map. A copy of the recorded map shall be provided to the director by the subdivider upon recordation.

(Ord. No. 573 N.S., § 3, 6-7-2017)

(a) General. After a final map is recorded by the Marin County Recorder, it may be amended by a certificate of correction or amending map. Corrections of errors and omissions may be approved by the town engineer pursuant to subsection (b) of this section. Modifications to a final map due to changes that make any or all of the conditions of the map no longer appropriate or necessary require approval of the town council pursuant to subsection (c) of this section. The amending map or certificate of correction shall be prepared by or under the direction of a land surveyor registered in the State of California or a civil engineer registered in the State of California who is authorized to perform land surveying. The form and contents of an amending map shall conform to the requirements for the form and contents of a final map as set forth in section 14-2.213. An amending map shall set forth in detail the corrections made and show the names of the owners of the property affected by the correction or omission as of the date of the filing or recording of the original recorded map.

(b) Corrections.

(1) Purposes. The town engineer may approve a certificate of correction or amending map for any of the following purposes:

a. To correct an error in any course or distance shown on the map.

b. To show any course or distance that was omitted from the map.

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

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

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

f. To correct any additional information filed or recorded pursuant to section 66434.2 of the Subdivision Map Act if the correction does not impose any additional burden on the present owners of the property and does not alter any right, title, or interest in the real property reflected on the recorded map.

g. To correct any other type of map error or omission as approved by the town engineer that does not affect any property right, including, but not limited to, lot numbers, acreage, street names, and identification of adjacent record maps.

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

(2) Review. The amending map or certificate of correction shall be submitted to the town engineer for review and approval, accompanied by the required fee as set forth in the appropriate town fee schedule(s). The town engineer shall examine the amending map or certificate of correction and, if the only changes are those set forth in subsection (b)(1) of this section, the town engineer shall certify to this fact on the amending map or certificate of correction.

(3) Certificate of correction. The town engineer shall have twenty working days to examine the certificate of correction for compliance with this chapter, endorse a statement on it of his or her examination and certification, and present it to the county recorder for recordation. If the town engineer determines that the certificate of correction fails to comply with this chapter, the town engineer shall return the certificate to the applicant with a written statement of the changes necessary. The town engineer shall have twenty working days after resubmission and approval of the amended certificate of correction to present it to the county recorder for recordation.

(c) Modifications. The town council must approve any modifications to a final map due to changes that make any or all of the conditions of the map no longer appropriate or necessary. The town council shall hold a public hearing pursuant to section 14-2.208(a) on the proposed modifications. The town council shall approve the modifications only if it makes all of the following findings:

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

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

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

(4) A general finding that the map as modified continues to conform to the findings of section 14-2.208(c) and section 66474 of the Subdivision Map Act.

The town engineer shall certify the amending map or certificate of correction as approved by the town council.

(d) Recordation. The amending map or certificate of correction certified by the town engineer shall be filed in the office of the Marin County Recorder. After the county recorder takes the actions required by section 66472 of the Subdivision Map Act, the original map shall be deemed to have been conclusively so corrected and shall impart constructive notice of all the corrections in the same manner as though set forth on the original map.

(Ord. No. 573 N.S., § 3, 6-7-2017)