Chapter 17.44 FINAL MAP

Within twenty-four months after approval or conditional approval of the tentative map or maps by the planning commission, the subdivider may cause the subdivision, or any part thereof, to be surveyed and a final map to be prepared in accordance with the tentative map as approved, or conditionally approved. (Ord. 435-89 § 10.01, 1989)

17.44.020 Preparation—Extension of time.

Upon application of the subdivider to the planning commission, an extension of not exceeding one additional year may be granted by the planning commission. (Ord. 435-89 § 10.02, 1989)

17.44.030 Time limits affected by moratoriums and lawsuits.

A. The twenty-four-month period for tentative plans, as specified in Section 17.44.010 above, will be extended as provided in Government Code Section 66452.6 in the case of a development moratorium imposed after approval of the tentative map. The tentative map shall not be extended any longer than a five-year period.

B. In the case of a lawsuit which has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map, the subdivider may apply to the planning commission for a stay of the time period pursuant to Government Code Section 66452.6.

C. All requests for such a stay of time shall be made within thirty days after the court action has been filed with the planning commission. The planning commission shall act upon the request within forty days, and may either grant an extension of not to exceed five years or deny the requesting stay. (Ord. 435-89 § 10.025, 1989)

17.44.040 Expiration date for final maps.

Any failure to record a final map within twenty-four months from the approval or conditional approval of the tentative map, or any extension thereof granted by the planning commission, shall terminate all proceedings. Before a final map may thereafter be recorded, a new tentative map shall be submitted. (Ord. 435-89 § 10.03, 1989)

17.44.050 Form, scale, materials and preparation.

The final plan or map shall be made to a scale of one hundred feet to the inch or larger, using more than one sheet if necessary to furnish the desired space. The original shall be legibly drawn in black ink upon tracing cloth or polyester base film of good quality, and the size of the sheets shall be eighteen inches by twenty-six inches. All sheets shall have a margin of one inch at all four edges. Ink used on polyester based film shall be coated with a suitable substance to assure permanent legibility. All lettering shall be a minimum of one-tenth inch in height. (Ord. 435-89 § 10.04, 1989)

17.44.060 Numbering of sheets.

Each sheet shall be numbered, and the total number of sheets comprising the map shall be shown on each of the sheets and the relation of one sheet to another clearly shown. If more than two sheets are necessary for the map, an index map shall be required. (Ord. 435-89 § 10.05, 1989)

17.44.070 Title and tract name to be shown.

The title of each such final map shall consist of a trace name and “In the City of Cloverdale.” The title shall be located in the lower right-hand corner of all sheets of the final map. (Ord. 435-89 § 10.06, 1989)

17.44.080 Subtitle requirements.

The map (or maps) of 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 filed or recorded, or by reference to deed(s). Each reference in such description to any tract or subdivision shall be spelled out and worded identically with the original record thereof, and references to book and page of record must be complete. (Ord. 435-89 § 10.07, 1989)

17.44.090 Contents and data required.

The final map shall show the following:

A. Boundaries and Streets. The exterior boundaries of the property (as defined in accordance with Subdivision Map Act), the border lines and centerlines of all proposed streets and alleys with their widths and names, and other portions intended to be dedicated to the public use;

B. Adjacent Streets. The lines of all adjoining properties and a description of such properties, acceptable to the city engineer as reasonably adequate to enable him to identify the properties, and the lines of adjacent streets and alleys, showing their widths and names. Each street and alley shall be named;

C. Lot Lines and Numbers. All lot lines and numbers for all lots, easements and their purposes. All lots are to be numbered consecutively throughout the subdivision, starting with the number 1;

D. Dimensions. All dimensions, both linear and angular, for locating boundaries of subdivisions, lots, streets, alleys and easements. The linear dimensions shall be expressed in feet and hundredths of a foot. No ditto marks shall be used. The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. The map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys. 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;

E. Monuments. All permanent monuments installed, or proposed to be installed, together with their descriptions, showing fully and clearly their location and size, and if any points were reset by ties that fact shall be stated. All survey and mathematical information and data necessary to locate all exterior boundary lines appearing thereon shall be shown, including bearings and distances of straight lines, and radii and arc length or chord bearings and length for all curves, and such information as may be necessary to determine the location of the cents of curves and ties to existing monuments used to establish the subdivision boundaries;

F. Title and Description. The title and description of property being subdivided, showing its location and extent, north arrow, scale of plan, basis of bearing and name of owner of the land and name of engineer or surveyor platting the tract;

G. Areas Subject to Inundation by Water. The boundaries of any areas within the proposed subdivision which are subject to periodic inundation by water;

H. Private Restrictions. Any private restrictions shall be shown on the plat or reference to them thereon, and the plats shall contain proper acknowledgement of owners and mortgagees accepting such platting and restrictions;

I. County Boundaries. County boundaries which adjoin the subdivision shall be clearly designated and located in relation to adjacent lot or block lines. No lot shall be divided by a county boundary line;

J. Vehicular Access Rights. The title sheet shall indicate where vehicular access rights have been surrendered on adjacent streets;

K. Error of Closure. Error of closure shall be in accordance with Subdivision Map Act;

L. Public Easements. Proposed or existing public easements shall be shown on the map. Such easements shall be identified as public utility easements or easements for other public purposes with the specific public purpose being indicated;

M. Utility Certificates. At the time the subdivider presents the final map to the city council, there shall be presented certificates executed respectively by the various public utility companies authorized to serve in the area of the subdivision, certifying that satisfactory provisions have been made with each of such public utility companies as to location of their facilities, and that satisfactory easements have been provided;

N. Soils and Geologic Reports.

1. When a soils report, a geologic report or soils and geologic reports have been prepared specifically for the subdivision, such fact shall be noted on the final map, together with the date of such report or reports, the name of the engineer making the soils report and geologist making the geologic report, and the location where the reports are on file, pursuant to Section 66434.5 of the Government Code;

2. If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation shall be made of each lot in the area of the subdivision where such soils problem exists. Such investigation shall be made by a civil engineer, who shall recommend corrective action which is likely to prevent structural damage to each structure proposed to be constructed. The report of such investigation shall be filed with the city, which may approve the subdivision if it determines that the recommended corrective action is likely to prevent structural damage to any structure to be constructed on any of the lots in the area where the soils problem exists. Subsequent building permits shall be conditioned upon the incorporation of the latest approved recommended corrective action in the construction of each building;

O. Owner’s Development Lien. 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;

P. Approval of the final map shall be subject to the following additional data to be submitted by the subdivider for approval by the city council for condominium projects:

1. A copy of the subdivider’s proposed application for a subdivision permit, if required by the Department of Real Estate of the state,

2. A copy of the proposed budget for maintenance, operation and reserves for the project, including the proposed monthly cost to each unit; the budget shall establish sufficient reserves in operating funds for reasonable operation of the project. The monthly cost shall be projected at least five years into the future,

3. A description of how parking, storage, and other areas outside of each unit will be owned, managed and maintained,

4. Twelve copies of the proposed CC&Rs which would apply to the project; as a minimum, the CC&Rs shall provide for the following:

a. Statement of ownership and application of CC&Rs to owners and occupants; this section shall specifically and irrevocably subject owners and occupants to the provisions of CC&Rs,

b. A section describing voting rights and vote distribution. This section shall provide that the subdivider shall have all of the rights and responsibilities of an owner prior to sale of each unit,

c. A section describing the administration and responsibilities of the association. Association responsibilities shall include administration of the project, preparing and approving an annual budget, establishing and collecting annual or monthly assessments, maintaining the project with special provisions for maintenance of building exteriors and landscaping, appointing a representative to authorize the towing from all common areas of any abandoned or dismantled vehicles left on the property in excess of ten calendar days, enforcing the CC&Rs and levying penalties for noncompliance with CC&Rs,

d. A section describing the obligations of owners. This section shall include provisions for annual or monthly assessments, maintenance and repair of individual units, use of units, internal structural alterations, use of common areas and facilities, right-of-entry for repair and emergency, rules of conduct,

e. A section assigning parking space(s) for the exclusive use of the owners or occupants of each unit. The number of parking spaces to be assigned to each unit shall be determined by reference to the requirements of off-street parking set forth in the city Zoning Ordinance. (Ord. 435-89 § 10.08, 1989)

17.44.100 Additional documents and plans.

The following additional material shall be submitted with the final map:

A. Guarantee of Title. The subdivider shall furnish to the city council a guaranty of title or letter from a competent title company, certifying that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided and all acknowledgements thereto appear on the proper certificates and are correctly on the map, both as to consents as to the making thereof and affidavits of dedication where necessary. Such guaranty shall be issued for the benefit of the city and protection of the city council and shall be continued complete up to the instant of recording;

B. Subdivision Improvement Plans. Detailed plans, cross-sections, profiles and specifications of the improvements to be installed, as required by the provisions of this title and the conditions of the tentative map approval and of all other improvements proposed to be installed by the subdivider within any street, right-of-way, easement or parcel of land dedicated on the map or preexisting within or contiguous to the subdivision, including the estimated cost thereof, shall be prepared and submitted in accordance with the requirements of the city engineer. Design data, assumptions and computations for proper analysis in accordance with sound engineering practice shall be submitted along with the improvement plans when required by the city engineer;

C. Subdivision Improvement Agreement and Bonds. When required, a subdivision improvement agreement and bonds or other approved security as provided in Sections 17.44.220, 17.44.230 and 17.44.240 of this chapter;

D. Subdivision Improvement Guaranty. A subdivision improvement guaranty, in a form approved by the city, covering all public improvements installed or constructed in connection with the subdivision for a period of one year following acceptance of such improvements by the city council. (Ord. 435-89 § 10.09, 1989)

17.44.110 Insurance documentation.

Certificates of public liability, worker’s compensation and employer’s liability insurance in the minimum amounts specified by the city engineer and on forms approved by the city are required. (Ord. 435-89 § 10.095, 1989)

17.44.120 Off-site improvement reimbursement method request.

The developer shall file a request for a method of reimbursement for proposed off-site improvements that benefit properties other than his own, and such method of reimbursement shall, if approved, be included in the subdivision agreement approved by the city council. (Ord. 435-89 § 10.10, 1989)

17.44.130 Improvements—Inspection costs.

The agreement shall also provide for inspection of all improvements by the city engineer, and reimbursement to the city for the cost of such inspection by the subdivider. The cost of inspection shall be secured by a cash deposit with the city in the amount established by city resolution. (Ord. 435-89 § 10.11, 1989)

17.44.140 Improvements—Repair agreement.

A. Upon the installation and completion of all public improvements to be made by the subdivider, and prior to the approval and acceptance thereof by the city, the subdivider shall execute and file with the city a written agreement whereby he shall agree to repair or replace, at his own expense, any work of public improvement (including but not limited to streets and highways, drainage structures, curbs and gutters, sidewalks, sewers, water mains and fire hydrants, street trees, street lighting and street signs, and railroad crossings) which at any time during the one-year period subsequent to the date of approval and acceptance thereof, proves to be defective or which becomes damaged by differential settlement, action of the elements or through ordinary usage. The subdivider shall also file with the aforesaid agreement, to assure his full and faithful compliance therewith, a bond for such sum as the city council may deem sufficient to cover the cost of inspection; provided, however, that the amount of such bond shall not be less than ten percent of the total cost of all public improvements installed within the subdivision nor more than twenty-five percent of such total cost;

B. Such bond shall be executed by a surety company authorized to transact a surety business in the state of California and must be satisfactory to, and be approved by, the city attorney as to form. In lieu of the bond, the subdivider may deposit with the city treasurer cash money in an amount fixed, as aforesaid, by the city council. In the event the subdivider fails to make the repairs or replacements specified above, in this section, then the city may make the necessary repairs or replacements or cause the same to be done, and thereafter call upon the surety or the subdivider for reimbursement. (Ord. 435-89 § 10.12, 1989)

17.44.150 Tax payment certification.

A. Prior to the recordation of the final map, the subdivider shall file with the clerk of the county, and provide a copy to the city, certification from the official computing redemptions in the county and in the city showing that, according to the records of his office, there are no liens against the subdivision or any part thereof for unpaid state, county, municipal or local taxes or special assessments collected as taxes, except taxes or special assessments not yet payable.

B. As to taxes or special assessments collected as taxes not payable, the subdivider shall file with the clerk of the county a certificate by each proper officer, giving his estimate of the amount of taxes and assessments which are a lien but which are not yet payable.

C. Whenever 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 not be recorded until the owner or subdivider executes and files with the city council a good and sufficient bond to be approved by the council and by its terms made to inure to the benefit of the city upon payment of all state, city, municipal and local taxes and all special assessments collected as taxes, which at the time the final map is recorded are a lien against the property but which are not yet payable. In lieu of a bond, a deposit may be made of money or negotiable bonds in the amount and of the kind approved for securing deposits of public money, with the approval of the city council. (Ord. 435-89 § 10.13, 1989)

17.44.160 Completion—Certification to appear on map.

A. A final map shall be considered complete for submission when it complies with Sections 17.44.050 through 17.44.140 and is accompanied by the statements, agreements and security required.

B. No final map shall be considered acceptable for submission to the city council until the city clerk receives:

1. A statement in writing from the city engineer that the final map complies with all the requirements of this title and the Subdivision Map Act and the map is ready for submission to the city council, and a statement from the city attorney that a title report, deed restrictions and improvement agreement reviewed and approved by him and are ready for submission to the city council;

2. A certificate signed and acknowledged by all parties, with such exceptions as provided in the Subdivision Map Act, having any recorded title interest in the land being subdivided, consenting to the preparation and recordation of the map, and offering for dedication all parcels shown and intended for public use, subject to any reservations contained in such offer;

3. A certificate by the civil engineer or licensed surveyor responsible for the survey and final map made in accordance with the Subdivision Map Act. The signature of such civil engineer or surveyor, unless accompanied by his seal, must be attested;

4. A certificate for execution by the county surveyor;

5. A certificate for execution by the clerk of each approving governing body, which certificate may include statement of approval of bond or other securities guaranteeing payment of tax liens and indicating approval of the map and action on offers of dedication;

6. A certificate for execution by the county recorder;

7. Any other certificate required by law. (Ord. 435-89 § 10.14, 1989)

17.44.170 Material submitted to city engineer.

The subdivider shall submit the following to the city engineer:

A. Ten blue line copies, original tracing on polyester base film, of a quality acceptable to the city engineer, and duplicate mylar. Two sets of approved improvement plans, and a nonrefundable processing fee in an amount established by resolution of the city council, together with the necessary recording fee;

B. The approved title guarantee, deed restrictions, improvement agreement, recording fee, and bond adequate to cover all required improvements. (Ord. 435-89 § 10.15, 1989)

17.44.180 Department approval procedures—Time limit.

The following functions of Sections 17.44.190 through 17.44.220 shall be acted upon within thirty days after submission. (Ord. 435-89 § 10.16, 1989)

17.44.190 Prints distributed for review.

Upon receipt by the city clerk, prints of the final map shall be distributed to the city engineer, planning director, public works, police chief and fire chief; any comments from these officials on the adequacy of the final map shall be submitted to the city engineer. (Ord. 435-89 § 10.17, 1989)

17.44.200 Examination by city engineer.

The city engineer or designate shall examine the final map. If he determines that the surveys are correct and that the map is technically correct, substantially conforms to the tentative map and conditions imposed thereon and any approved alteration thereof, and to the provisions of this title and the Subdivision Map Act, he shall execute the map as required and forward the map to the city council for its consideration. If he finds that full conformity has not been made, he shall so advise the subdivider and afford him an opportunity to make the necessary changes. (Ord. 435-89 § 10.18, 1989)

17.44.210 Approval conditions—City engineer authority.

A. Upon receipt of the final map and other data submitted therewith, the city engineer shall review the same to determine:

1. That the final map conforms substantially to the approved tentative map and any approved alterations thereof;

2. Compliance with the provisions of the Subdivision Map Act and this title;

3. That the map is technically correct;

4. Sufficiency of maps, documents, reports, improvement plans and other submitted data.

B. The city engineer shall inform the subdivider or authorized agent of any errors or omissions and of any corrections to the final map, plans and other data which are required. When the city engineer finds the final map and the data thereon and submitted therewith, including the improvement plans, to be sufficient, and that all provisions of the Subdivision Map Act, city code and adopted policies and standards have been complied with, he shall certify his approval on the original tracing and all necessary prints of the final map and shall submit the same to the city clerk. (Ord. 435-89 § 10.19, 1989)

17.44.220 Approval by city council.

(Reference: Government Code Sections 66458 and 66473.)

A. The final map shall be filed with the city council at its first regular meeting following the transmission of the final map to the city clerk. The city council shall consider the map, the layout of the subdivision and the offers of dedication. The city council may reject any or all offers of dedication, but such offers may nevertheless be accepted at a later time.

B. In the event that all improvements required or conditions imposed are not completed before the filing of the final map, the subdivider shall enter into an agreement with the city providing for completion of all required improvements and conditions as provided in Section 17.44.230. Performance of the agreement shall be guaranteed by bonds or other approved security as specified in Section 17.44.240(C). At the meeting at which it receives the map or at its next regular meeting thereafter, the city council shall approve the map if it is determined to be in conformity with the requirements of this title and the Subdivision Map Act in effect at the time the tentative map was approved, and in substantial compliance with the previously approved tentative map. If any final map is found to not be in conformity or in compliance as stated above, the city council shall disapprove the final map and such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed. This requirement may be waived upon a finding by the city council that the failure of the map is the result of a technical and inadvertent error which does not materially affect the validity of the map. (Ord. 435-89 § 10.20, 1989)

17.44.230 Improvement agreements—Required when—Conditions.

A. If all improvements required and conditions imposed at the time of tentative map approval or by this title or the Subdivision Map Act have not been completed, after approval of the final map by the city council, the subdivider shall execute and file an agreement between himself and the city providing for completion by the subdivider at the subdivider’s expense of all improvement work and other conditions, and setting all monuments and lot corner markers to the satisfaction of the city engineer within twelve months following approval of the final map by the city council. If the subdivider fails to complete such work within such period, the city may complete the same and recover the full cost and expense thereof from the subdivider or his security. The agreement shall also provide for inspection of improvements by the city and reimbursement thereof by the subdivider.

B. At the sole discretion of the city council, such agreement may also provide:

1. For an extension of time under conditions therein specified;

2. For the financing and construction of any or all of such improvements upon appropriate special assessment act proceedings, in which case the subdivider shall agree in writing to initiate and consummate such proceedings within such time as may be prescribed by the city council, or if not completed under such special assessment act, to complete such improvements at the subdivider’s expense. (Ord. 435-89 § 10.21, 1989)

17.44.240 Bond requirements.

A. The subdivider shall file a labor and materials bond and a faithful performance bond with the subdivision improvement agreement required by this title. Such bonds shall meet all of the requirements of the Subdivision Map Act and this title. The faithful performance bond shall be in the amount of one hundred percent of the full estimated cost of the required improvements and conditions covered in the agreement, including the estimated costs of setting monuments and lot corner markers that are to be set after approval of the final map by the city council. The amount of the labor and materials bond shall be fifty percent of such estimated cost. The bonds shall be executed by a corporate surety company authorized to transact a surety business in the state of California and shall be on forms provided by the city and approved by the city attorney.

B. In lieu of bonds, the subdivider may deposit with the city clerk a cash deposit, instruments of credit, or certificates of deposit acceptable to the city attorney. The amount of such in-lieu security shall be the same as the total amount which would be required for both of such bonds. The liability of the improvement security shall include the maintenance of the work for a period of one year following completion and acceptance thereof against any defective work or labor done, or defective materials furnished, in the performance of the agreement with the city. (Ord. 435-89 § 10.22, 1989)

17.44.250 Improvement agreements—Security forfeited when.

In the event the subdivider shall fail to complete all improvement work and conditions in accordance with the provisions of this title and the subdivision improvement agreement and the city shall have to complete same, the city shall call upon the surety company for reimbursement or shall demand funds for reimbursement from any cash deposit or other security. If the amount of security shall exceed all costs and expenses incurred by the city, it shall release the remainder of such security and if the amount of the security shall be less than the cost and expenses incurred by the city, the subdivider shall be liable to the city for such difference. (Ord. 435-89 § 10.23, 1989)

17.44.260 Improvement agreements—Release of security.

Release of bonds, cash deposits or other security shall be authorized by the city engineer at the appropriate time subject to the conditions prescribed in Government Code Section Sections 66499.7 and 66499.8. (Ord. 435-89 § 10.24, 1989)

17.44.270 Recordation of approved map.

The city clerk, after approval of the city council, and after signatures and seals have been affixed, shall transmit the final map and deed restrictions for the ultimate transmittal to the county recorder. Such transmitted final map shall consist of one cloth print and one permanent record, either on tracing cloth or polyester-based film. No map shall have any force or effect until it has been approved by the city council, and no title to any property described in any offer of dedication shall pass until recordation of the final map. No building permit shall be issued until the final map and any approved improvement agreement and deed restrictions have been recorded by the county recorder and a reproducible mylar, or equal, copy of the recorded final map is filed for reference in the office of the department of public works. (Ord. 435-89 § 10.25, 1989)