Chapter 16.24
FINAL MAPS AND IMPROVEMENT DEDICATIONS
Sections:
16.24.020 Extension of time for filing.
16.24.040 Failure to file or record.
16.24.060 Form specifications.
16.24.090 Surveys and monuments.
16.24.100 Certificates and acknowledgments.
16.24.110 Planning commission report.
16.24.120 Examination and certification.
16.24.010 Time for filing.
A. The final map shall be filed with the clerk within eighteen months after the date of approval of the tentative map.
B. The date of approval of the tentative map shall be deemed to be the date of adoption of the resolution of the council declaring approval or conditional approval of the tentative map; provided, that if the council fails to act on the tentative map and the approval thereof is certified by the clerk, the date of such approval shall be deemed to be upon the last day of the maximum period of time as would be allowed for action by the council as provided in this title. The date of such approval of the tentative map shall be certified by the clerk on the face of the tentative map.
C. The final map shall conform to the tentative map as approved and the survey of the subdivision, and shall comply with the provisions of the Map Act and this title. (Ord. 424 § 300, 1967)
16.24.020 Extension of time for filing.
A. The council may, for good cause shown, upon written application of the subdivider, grant one extension of not exceeding six months within which to file the final map with the clerk.
B. Such application shall be filed with the clerk not later than thirty days prior to expiration of the period within which the map was required to be filed under Section 16.24.010.
C. The standards and specifications for improvements in effect at the date of expiration of the period within which the map was required to be filed under Section 16.24.010 shall control with respect to all improvements to be made after such date. (Ord. 424 § 301, 1967)
16.24.030 Recording.
The final map shall be recorded within three months from the date of approval thereof by the council. (Ord. 423 § 302, 1967)
16.24.040 Failure to file or record.
Any failure to file the final map with the clerk within the time required by Section 16.24.010 or any extension granted under Section 16.24.020, or any failure to record the final map within the time required by Section 16.24.030, shall terminate all proceedings, in which case, before a final map of the subdivision or any part thereof may be filed or recorded, as the case may be, a new tentative map shall be filed with the clerk, which shall be subject to all fees, proceedings, standards and specifications for improvements as may be in effect at the time of filing of the new tentative map. (Ord. 424 § 303, 1967)
16.24.050 Filing procedure.
A. The subdivider shall file the proposed final map with the clerk, upon payment of a filing fee to be established by, and subject to change by, resolution of the city council for the purposes of defraying expenses of examination of the map.
B. The proposed final map so filed shall be in the form mentioned in Section 16.24.060, and shall be accompanied by four complete sets of black and white prints of the final map.
C. The clerk shall promptly transmit the original tracing and two sets of prints to the city engineer, and two sets of prints to the commission. (Ord. 478 § 1 (part), 1971; Ord. 42,4 § 304, 1967)
16.24.060 Form specifications.
The final map shall conform to all of the following provisions:
A. It shall be clearly and legibly drawn, printed or reproduced by process guaranteeing permanent record in black on tracing cloth or polyester base film (provided that if ink is used on polyester base film, ink surface shall be coated with substances to assure permanent legibility), including certificates, affidavits and acknowledgments; provided, that such certificates, affidavits and acknowledgments may also be legibly stamped upon the map with opaque ink;
B. The size of each sheet shall be eighteen by twenty-six inches. A marginal line shall be drawn completely around each sheet, leaving an entire blank margin of one inch;
C. The scale of the map shall be one inch equals one hundred feet or a decimal fraction or a multiple of one hundred feet;
D. Each sheet shall be numbered, the relation of one sheet to another clearly shown and the total number of sheets used shall be set forth on each sheet;
E. The exterior boundary of the land included within the subdivision shall be indicated by a blue border;
F. The tract number, scale and north point shall be shown on each sheet;
G. The map shall show the definite location of the original parcel or parcels, and particularly its relation to surrounding surveys. (Ord. 424 § 305, 1967)
16.24.070 Title sheet.
A. The tract number or tract name shall comprise the title.
B. Below the title shall be set out a general description of all the property being subdivided, by reference to subdivisions or to sectional surveys, or both.
C. References to subdivisions shall be worded identically with original records, with references to the books and pages of official records if such subdivisions are recorded.
D. Affidavits, certificates, acknowledgments, endorsements, acceptances of dedications and notarial seals required by law and by this title shall appear on the title sheet.
E. The title sheet shall show the basis of bearings.
F. A key map showing the proposed subdivision, and surrounding subdivisions, city boundaries and streets within one-eighth of a mile radius of the boundaries of the proposed subdivision shall appear.
G. The information mentioned in this section may be shown on the same sheet as the final map; provided that such does not interfere with clear exposition of the final map or such information. (Ord. 421 § 306, 1967)
16.24.080 Contents.
The final map shall also show:
A. The tract name or tract number as set forth on the tentative map as approved;
B. Date of preparation;
C. North point;
D. Scale;
E. The locations and names of streets and centerlines thereof, the lengths, tangents, radii and central angles and radial bearings of curves, the total widths of each street and the width on each side of the centerline, the width of the portion of the street being dedicated and the width of the existing dedication, if any;
F. The locations and widths of alleys and pedestrian ways, if any;
G. Locations and widths of all streets, alleys and pedestrian ways, and names of streets, abutting or intersecting the boundary of the subdivision;
H. All easements to which any part of the subdivided property is subject shall be shown, including centerlines, widths and side lines, clearly labeled and identified, and if of record, precise reference to the record shall be made, and the date on which the easement was created shall be shown. If the easement is not definitely located, a description thereof shall be shown on the title sheet;
I. All rights-of-way easements which are proposed to be dedicated shall be shown, including centerlines, width and side lines, and clearly labeled as such, and shall be referred to in the certificate of dedication;
J. Locations and widths of ditches and drainage channels, with right-of-way lines, if any;
K. Right-of-way lines and widths of utility easements and railroads;
L. Limitations on rights of access between streets and lots and other parcels of land;
M. Locations and widths of reserve strips or areas subject to waiver access rights and the terms and conditions attached thereto;
N. Locations of city boundary lines which pass through, or are contiguous to, the subdivision;
O. The net dimensions of each lot, and sufficient data to determine readily the bearing and length of each lot line. (No ditto marks shall be used.) On lots containing one acre or more, the final map shall also show net acreage to the nearest one-tenth of an acre;
P. All dimensions shall be shown in feet and decimals of a foot;
Q. All lots shall be numbered consecutively, commencing with the number one with no omissions or duplications;
R. The following surveying data:
1. The radius, tangent, arc and central angle of curves,
2. Suitable primary survey control points, including section corners and monuments existing outside of the proposed subdivision,
3. The location of all permanent monuments within the proposed subdivision,
4. Ties to and names of contiguous subdivisions,
5. Ties to any city or county boundary lines lying within one-eighth of a mile of any boundary of the subdivision;
S. When a soil report has been prepared, this fact shall be noted on the final map, together with the data of the report and the name of the engineer making the report. (Ord. 424 § 307, 1967)
16.24.090 Surveys and monuments.
A. A complete and accurate survey of the land to be subdivided shall be made by a registered civil engineer or licensed surveyor, in accordance with standards, practices and principles of land surveying. All monuments shall be set and marked or tagged according to the provisions of Government Code Section 66495 et seq.
B. The final map shall show clearly all stakes, monuments or other evidence found on the ground which were used as ties to determine the boundaries of the tract. The comers of adjoining subdivisions or portions thereof shall be identified and ties shown.
C. In making the survey for the subdivision, the surveyor shall set sufficient permanent monuments so that the survey or any part thereof may be readily retraced. Such monuments shall generally be placed at the angle points on the exterior boundary lines of the tract, at the intersections of centerlines of streets and at the beginnings and ends of curves on the centerlines of streets. Monuments may be placed on offset lines. All monuments shall be not less than eight inches below finished grade and shall be of concrete six inches in diameter and twelve inches long, or of capped iron pipe two inches in diameter and twenty-four inches long. Lot stakes shall be set flush to finished grade and shall be of redwood, two inches square and twelve inches long, or of iron pipe or rod, one-half inch in diameter and eighteen inches long. The type and positions of all monuments shall be noted on the final map.
D. All monuments and lot stakes shall be set prior to filing of the final map with the council for approval, except as provided in subsection (E) of this section.
E. All or any of the monuments or lot stakes may be set concurrently with or prior to the installation of improvements, subject to the following conditions:
1. The certificate of the engineer or the surveyor on the final map shall certify that the monuments and lot stakes will be set on or before a specified date (but not later than installation of improvements) in the position indicated on the final map;
2. The subdivider shall furnish to the council a bond or cash deposit, in an amount equal to the estimated cost of setting such monuments and lot stakes, guaranteeing payment of the cost thereof, but not in excess of the amount of the bond or deposit. Such bond or deposit shall be in an amount determined by the city engineer with the approval of the council, and the form of any such bond shall be determined by the city attorney;
3. Within five days after the setting of final monuments and lot stakes has been completed by the engineer or surveyor, he shall give notice to the subdivider and to the city engineer. Upon payment to the engineer or surveyor for setting the final monuments and lot stakes, the subdivider shall present to the council evidence of such payment and receipt thereof by the engineer or surveyor, together with a request that his bond be released or that his cash deposit be returned, in which case the bond shall be released or said cash deposit returned to the depositor;
4. In lieu of the procedure set out in (3) above, as it involves a cash deposit, the council may pay the engineer or surveyor for the setting of the final monuments and lot stakes from the cash deposit, if so requested by the depositor, and upon presentation to the council of evidence of payment for such setting and receipt thereof, the balance of such cash deposit shall be returned to the depositor;
5. If the subdivider does not present evidence to the council that he has paid the engineer or surveyor for the setting of final monuments and lot stakes, and if the engineer or surveyor has completed the setting and notifies the council that he has not been paid by the subdivider for the setting of the final monuments, the council shall within three months from the date of such notification, pay to the engineer or surveyor the amount of the bond or cash deposit, but any excess over and above the amount of his just claim shall be returned to the depositor or surety;
6. If the setting is not completed on or before the date so specified in said certificate, the council may order the work be done by any civil engineer or licensed surveyor, in which case the city shall be entitled to bring action on the bond or cause the cash deposit to be forfeited, to the extent of the reasonable value of the work so done;
7. In those cases where improvements are permitted to be installed from time to time in portions of the subdivision, as provided in Section 16.24.130(E), the monuments or lot stakes shall be set in such portions at the time of improvement thereof or on or before the date specified in the certificate, whichever is sooner,
8. The final map shall be accompanied by a statement by the subdivider showing the type of monuments and lot stakes that will be used.
F. Any monument or lot stake required by this title shall be reset at the expense of the subdivider, if disturbed or destroyed prior to acceptance of improvements in the portion of the subdivision where set.
G. The traverse of the exterior boundaries of a proposed subdivision and of each block and each lot shall close within a limit of error of one foot to each seven thousand five hundred feet of perimeter. (Ord. 97-4 § 12, 1997; Ord. 424 § 308, 1967)
16.24.100 Certificates and acknowledgments.
The following certificates and acknowledgments shall appear on the final map:
A. A certificate consenting to the preparation and recordation of the final map, signed and acknowledged by all parties having any record title interest in the land subdivided;
B. In event of dedications, a certificate offering specified parcels of land for dedication for specified public uses, including streets, alleys, pedestrian ways and other rights-of-way, subject to such reservations as may be contained in such offer, signed and acknowledged by those parties having record title interest in the land subdivided. Any or all parcels of land shown on the final map and intended for any public use shall be offered for dedication for public use, except those parcels which are intended for the exclusive use of lot owners in the subdivision, their licenses, visitors, tenants and servants, and which shall be clearly labeled to that effect on the final map. The certificate may state that any certain parcel or parcels are not offered for dedication. In event the streets or any of them are not offered for dedication, the certificate shall contain a statement to such effect, and such streets shall be clearly labeled to such effect on the map;
C. In event of waiver of direct access rights to any street or highway, a certificate waiving such rights, signed and acknowledged by those parties having any record title interest in the land subdivided;
D. No signature shall be required of any person mentioned, and under the circumstances specified, in Government Code Section 66436 in connection with the aforementioned certificates;
E. The certificates for the city clerk, county clerk and the county recorder, and the certificates of the engineer or surveyor and of the city engineer, as required by Government Code Sections 66440 et seq.;
F. Form for the certificates mentioned in this section shall be as provided by the clerk (Ord. 97-4 §§ 13, 14, 1997; Ord. 424 § 309, 1967)
16.24.110 Planning commission report.
A. The commission shall examine the final map, and shall file an advisory report with the council with respect to the conformity thereof with the requirements mentioned in Section 16.24.130(D).
B. Neither such examination nor the filing of such report shall be a condition precedent to approval of the final map by the council. (Ord. 424 § 310, 1967)
16.24.120 Examination and certification.
A. At the time the final map is submitted to the city engineer, there shall be submitted to him by the subdivider the plans, profiles and specifications of the proposed improvements, showing the same in such detail as the city engineer may require, and the city engineer shall not make his certificate of approval until he shall find that such improvements comply with the approved tentative map and any approved alterations thereof, as well as the standards contained in this title or adopted by any subdivision ordinance applicable at the time of approval or the approval of the tentative map.
B. The subdivider shall provide the city engineer, when requested by him, traverse sheets and work sheets showing the closure of the exterior boundaries of the subdivision and of any irregular blocks and lots.
C. The city engineer shall examine the final map and if he is satisfied that
1. The subdivision as shown is substantially the same as it appears on the tentative map, and any approved alterations thereof, and
2. That all provisions of the Map Act and this title or any subdivision ordinance applicable at the time of approval of the tentative map have been complied with, and
3. That the map is technically correct; he shall make his certification on the map so showing, and shall return the final map to the subdivider.
D. Within twenty days after the final map, together with other matters mentioned in this section, have been submitted to the city engineer, he shall complete his examination of the same. (Ord. 424 § 311, 1967)
16.24.130 City action.
A. Time for Filing Final Map. The final map may be filed with the council for approval when all the certificates required on the final map have been signed (and where necessary, acknowledged), excepting the approval certificates of the council and the certificate of the county clerk and county recorder.
B. Time for Consideration of Final Map. The council shall consider the final map at its next meeting after such filing, or within a period of not more than ten days after such filing, whichever is later.
C. Acceptance of Dedications and Improvement Requirements. At the time of consideration of the final map, the council shall by resolution accept or reject any or all offers of dedication shown and certified on the map, and shall, as a condition precedent to acceptance of dedication of any street or easement, require that the subdivider, at his option, either improve or agree to improve the streets or easements so accepted and shall make or agree to make the other improvements relating to the subdivision as may be required under the provisions of this title, in accordance with the standards established by such subdivision ordinance of the city as was applicable at the time of approval of the tentative map by the council, and such improvement or agreement to improve shall be a condition to approval of such final map by the council.
The subdivider shall pay to the clerk a fee equal to four percent of the cost of improvement or the cost of improvements established by the agreement for improvement entered into by the subdivider and the city; the amount of the fee to be subject to change by resolution of the city council; and, payment of the fee shall be a condition to approval of such final map by the council.
D. Approval of Final Map by Council. The council shall approve the final map within the time hereinabove required for its consideration, if it conforms to all of the requirements of
1. The Map Act,
2. Any subdivision ordinance applicable at the time of approval of the tentative map,
3. Any rulings made under the Map Act or subdivision ordinance, and
4. Any ordinance of the city, other than a subdivision ordinance, applicable at the time of filing of the final map; and if there has been delivered to the clerk the duly executed and approved agreement, bond or cash deposit or instrument of credit, mentioned in this section.
E. Election To Install Improvements In Portion of the Subdivision. The subdivider may elect to install the improvements, from time to time, in a portion or portions of the premises covered by the subdivision map.
F. Improvement Securities. In event an agreement for improvement of the streets and easements is entered into as herein provided, the council shall require the same to be secured by improvement security as mentioned in Sections 11612, 11612.1 and 11612.2 of the Map Act. The improvement security for faithful performance shall be one hundred percent, and the security for payment of contractors, etc., shall be fifty percent of the total estimated cost of the improvement as determined by the city engineer.
G. Form of Agreements, Improvement Security. The form of any agreement for improvement, improvement security, escrow instructions or deed mentioned in this title or in Sections 11611, 11612 or 11612.5 of the Map Act shall be subject to approval by the city engineer.
H. Extension of Time Limit and Effect of Failure of Council to Act. The time limit for the approval of the final map may be extended by mutual consent of the subdivider and the council. If no action is taken within such time limit or within the time to which it has been extended by such mutual consent, the map, if it conforms to all the requirements above set forth, shall be deemed to be approved and it shall be the duty of the clerk thereupon to certify such approval on such map; provided however, that such approval shall not be deemed to constitute an acceptance of dedication of any street or easement on such map by the city.
I. Procedure after Approval. Upon approval of the final map by the council, and upon filing with the clerk of all agreements and security mention in subsection (F) above, the clerk shall certify the fact of such approval and of acceptance or rejection on behalf of the public any parcels of land offered for dedication for public use in conformity with the terms of the offer of dedication, and shall transmit the map to the clerk of the county board of supervisors for action under the provisions of Section 11617 of the Map Act, and other provisions thereof. (Ord. 97-4 § 15, 1997; Ord. 538 § 1, 1975; Ord. 525 § 1, 1974; Ord. 424 § 312, 1967)