Chapter 16.06
FINAL SUBDIVISION MAPS
Sections:
16.06.010 Filing a final subdivision map.
16.06.020 Preparation and form.
16.06.040 Action on final subdivision map.
16.06.050 Correction and amendment of maps.
16.06.010 Filing a final subdivision map.
A. Time for Filing. In accordance with the provisions of this chapter and the Subdivision Map Act, final subdivision maps shall be filed with the city engineer prior to the expiration of the approved or conditionally approved tentative subdivision map.
B. Final Subdivision Map Application. The following documents shall be completed and filed with the final subdivision map:
1. A completed application.
2. The final subdivision map prepared as to the requirements of EMC 16.06.020.
3. Executed subdivision improvement agreement(s) and accompanying improvement security as required by Chapter 16.16 EMC.
4. Written evidence of any other agency approvals required as a condition of the tentative subdivision map.
5. A completed plan check as applicable to the specific project.
6. Traverse sheets showing traverse closures and the computation of all distances, angles and courses shown on the final subdivision map. The traverse of the boundaries of the tract and of lots and blocks shall close within a limit of error of one in 10,000.
7. A title report prepared by a duly authorized title company naming the persons whose consent is necessary to the preparation and recordation of said map and to the dedication of the streets, alleys and other public places shown on the map and certifying that, as of the date of the preparation of the report, the persons therein named are all the persons necessary to give clear title to said subdivision. At the time of recording the approved map, there shall be filed with the county recorder a guarantee executed by a duly authorized title company for the benefit and protection of the city showing that the named persons consenting to the preparation and recordation of said map and offering for dedication the streets, alleys and other public places shown thereon are all the persons necessary to pass clear title to said subdivision and to the dedications shown thereon.
8. Improvement Plans. The subdivider shall furnish the following information (to be provided by a licensed engineer) to the city engineer and shall receive his or her authorization prior to construction of any of the improvements or recording of the final subdivision map:
a. Typical cross-sections and proposed final finished grades of all roads, streets and highways in the proposed new subdivision, together with a profile showing the relation between finished grade and existing ground elevations.
b. Proposed lengths, size and type of any pipes, culverts or structures necessary for drainage, erosion control or the public safety with plans and specifications therefor.
c. Elevations shall be referenced to the U.S.G.S. Datum.
If construction does not commence in 120 days of approval, the improvement plans must be reapproved prior to construction. Chapter 16.16 EMC contains requirements for improvement plans.
9. Division of Existing Buildings. For maps that will result in the division of any existing building or buildings into separate units or parts, the subdivider shall secure certification by the chief building official that any building or buildings to be divided will, after division, meet current code standards for new construction. As used in this subsection, the phrase “current code standards” refers to all standards in the current adopted editions of the building code, electrical code, plumbing code and mechanical code. (Ord. 510 § 2, 2007)
16.06.020 Preparation and form.
The final subdivision map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor in the manner required by the Subdivision Map Act and shall conform with all of the following provisions:
A. The general form and layout of the map, including size and type of lettering, drafting and location of acknowledgments, etc., shall be as approved by the city engineer where different from the standards established by the San Joaquin County Surveyor's Office Guide to the Preparation of Maps. The final subdivision map shall be legibly drawn in accordance with Section 66434 of the Government Code. The final subdivision map shall be clearly drawn, printed or reproduced by a process guaranteeing a permanent record, except that affidavits, certificates and acknowledgments may be legibly stamped or printed upon the map with black opaque ink. The map shall be so made and shall be in such condition when filed that good, legible prints and negatives can be made from the map. The size of each sheet shall be 18 by 26 inches leaving an entirely blank margin of one inch.
B. The scale of the map shall be not more than one inch equals 100 feet, unless otherwise permitted by the city engineer, but in any case, the map shall show clearly all details of the subdivision.
C. All dimensions shall be shown in feet and hundredths of a foot. No ditto marks shall be used.
D. If the final subdivision map consists of more than two sheets, a key map showing the relation of the sheets shall be placed on sheet one. Every sheet comprising the map shall bear the title, scale, north point, legend, sheet number and number of sheets comprising the map. If more than three sheets are necessary to show the entire subdivision, an index shall be included.
E. The city file number, if assigned, the scale and the north point shall be shown on the bottom left corner of each sheet.
F. A title sheet, designated as page number one of the final subdivision map, shall be provided; except that, where the size of the subdivision permits, in lieu of a separate title sheet, the information required to be shown thereon may be shown on the same sheet as the map of the subdivision. The title sheet shall contain the following information:
1. Title, followed by the words “City of Escalon”;
2. A title block consisting of the name of the tract and subtitle or general description of all the property being subdivided with reference to maps that have been previously recorded. In no case shall the title be the same, or so nearly the same as to cause confusion as a name of any existing city, town, tract or subdivision of land of which a map has been previously recorded. The subdivision name shown on the final subdivision map shall match the name shown on the approved or conditionally approved tentative subdivision map;
3. The subtitle of maps filed for the purpose of reverting subdivided land to acreage shall consist of the words “A reversion to acreage of….” (insert description as required herein);
4. Reference to tracts and subdivisions in the description must be worded identically with original records; and references to book and page of record must be complete;
5. Affidavits, certificates, acknowledgments, endorsements, acceptance, dedications and notary seals required by law and by this title;
6. The basis of bearings used in the field survey, making reference to some recorded subdivision map or other source acceptable to the city engineer; and
7. The certificates required by EMC 16.06.030, the Subdivision Map Act, the San Joaquin County Surveyor's Office Guide to the Preparation of Maps and the city engineer, at his or her discretion. The form of the certificate shall be approved by the city attorney.
G. Sufficient data must be shown to determine readily the bearing and length of every lot line, block line and boundary line. Lots containing one acre or more shall show total acreage to the nearest hundredth. Bearing and lengths of straight lines, and radii and arc length for all curves as may be necessary to determine the location of the centers of curves and tangent points shall be shown.
H. The final subdivision map shall show clearly any stakes, monuments or other evidence found on the ground to determine the boundaries of the tract. The corners of adjoining subdivisions or portions thereof shall be identified by lot and block numbers, subdivision name and properties shown.
1. Whenever the city engineer has established the centerline of a street or alley, adjacent to or in the proposed subdivision, the data shall be shown in the final subdivision map indicating all monuments found and making reference to a field book or map. If the points were reset by ties, the course and detail or relocation data used shall be stated.
2. The map shall show the location and description of all monuments and benchmarks found or placed in making the survey of the subdivision with proper reference sufficient to relocation. Chapter 16.15 EMC contains survey and monument requirements for subdivisions.
I. High Water Line. The line of high water shall be shown in any case where the subdivision is adjacent to a stream, channel or any body of water.
J. Flood Areas. The boundaries of any areas within the proposed subdivision that are subject to inundation by water shall be shown.
K. Boundary of Subdivision. The boundary shall not interfere with the legibility of figures or other data.
L. Right-of-Way Dimensions. The centerlines and sidelines of all streets, the total width of all streets, the widths of each side of the centerline, the widths of any portion of a street being dedicated, and the widths of existing dedications, and the widths of all railroad, irrigation or other rights-of-way shall be shown.
M. Building Lines. Building setback lines shall be indicated by dashed lines of the same width as the lines denoting street boundaries and shall be properly designated.
N. Easements. The map shall show the sidelines of all easements to which the lots are subject. Such easements must be clearly labeled and identified and if already of record, the record references given. If any easement is not definitely located of record, a statement of such easement must appear on the title sheet. Easements for storm drain, sewers and other purposes shall be denoted by fine broken lines. The width of the easement and the lengths and bearings of the lines thereof and sufficient ties thereto to definitely locate the easement with respect to the subdivision must be shown. If the map is dedicating the easement, it shall be properly referenced in the owner's certificate of dedication.
O. Acreage. The total acreage of the subdivision to the nearest one hundredth of an acre shall be shown on the face of the final subdivision map.
P. Block Numbers. The city engineer shall assign block numbers. The numbers shall be solid and have sufficient size and thickness to stand out, and shall be so placed as not to obliterate any figure and shall not be enclosed in any design. Each block in its entirety shall be shown on one sheet. Where adjoining blocks appear on separate sheets, the street adjoining both blocks shall be shown on both sheets complete with centerline and property line data.
Q. Lot Numbers. Lot numbers shall begin with the number “1” in each block and shall be consecutive with no omissions or duplications.
R. Other Data. The map shall also show all other data that is or may be required by law.
S. Disposition of Lots. The final subdivision map shall particularly define, delineate and designate all lots intended for sale or reserved for private purposes, all parcels offered for dedication for any purpose, public or private, with all dimensions, boundaries and courses clearly shown and defined in every case.
T. Any information required by the conditional approval of the city council.
U. Reversion to Acreage. Maps filed for the purpose of reverting subdivided land to acreage shall meet the requirements of Chapter 16.17 EMC and be conspicuously designated by the title: “The Purpose of This Map Is a Reversion to Acreage.” (Ord. 510 § 2, 2007)
16.06.030 Certificates.
The following certificates and acknowledgments and others required by law shall appear on the final subdivision map; such certificates may be combined where appropriate:
A. Certificate by Parties Holding Title. A certificate signed and acknowledged by all parties having any title interest in the land subdivided, consenting to the preparation and recordation of said map; provided, however, that the signatures of parties owning the following types of interests may be omitted if their names and the nature of their interests are set forth on the map:
1. Rights-of-way, easements or other interest which cannot ripen into fee, except those owned by a public entity or public utility unless it is determined by the city council that division and development of the property in the manner set forth on the final subdivision map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement; provided, that such signatures may be required by the city council. If such signatures are not required, the subdivider shall send, by certified mail, a sketch of the proposed final subdivision map, together with a copy of this section, to any public entity or public utility which has previously acquired a right-of-way or easement. If the public entity or public utility objects to recording the final subdivision map without signature pursuant to this section, it shall so notify the subdivider within 30 days after receipt thereof, otherwise the signature may be omitted. Failure of the public entity or public utility to object to recording the final subdivision map without its signature shall in no way affect its rights under a right-of-way easement.
2. Rights-of-way, easements or reversions, which by reason of changed conditions, long disuse or laches appear to be no longer of practical use or value and signature therefor is impossible or impractical to obtain. In this case, a statement of the circumstances preventing the reasonable procurement of the signature shall be set forth on the map.
3. Any final subdivision map including land originally patented by the United States or this state, under patent reserving interest to either or both of these entities, may be recorded under the provisions of this title without the consent of the United States or of this state thereto, or to dedication made thereon.
4. Interest in or rights to minerals including, but not limited to, oil, gas or other hydrocarbon substances, if:
a. The ownership of such interests or rights does not include a right of entry on the surface of the land; or
b. The use of the land, or the surface thereof, in connection with the ownership of such interests or rights, is prohibited by zoning or other local ordinances or regulations; provided, that such signatures may be required by the city council.
B. Dedication Certificate. A certificate, signed and acknowledged, offering for dedication all parcels of land shown on the final subdivision map and intended for any public use, except those parcels other than streets which are intended for the exclusive use of the lot owners in the subdivision, their licenses, visitors, tenants and servants.
C. Engineer's Certificate. A certificate of the civil engineer or licensed surveyor responsible for the survey and final subdivision map. The signature of such civil engineer or surveyor, unless accompanied by his or her seal, must be attested.
D. Certificates for Execution. A certificate for execution shall be provided for the city clerk, the city manager or his or her designated representative, the city engineer and the county recorder.
E. Certificates Regarding Tax Liens.
1. Prior to the filing of the final subdivision map with the city council, the subdivider shall file with the clerk of the board of supervisors of San Joaquin County a certificate from the appropriate state or local official computing redemptions in the county or any municipal corporation in which any part of the subdivision is located, showing that, according to the records of the 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.
2. As to taxes or special assessments collected as taxes not yet payable, the subdivider shall file with the clerk of the board of supervisors a certificate by each proper officer giving his or her estimate of the amount of taxes and assessments which are a lien but which are not yet payable.
3. Whenever any part of the subdivision is subject to lien for taxes or special assessments collected as taxes which are not yet payable, the final subdivision map shall not be recorded until the owner or subdivider executes and files with the board of supervisors a good and sufficient bond to be approved by said board and by its terms made to ensure to the benefit of the city and conditioned upon payment of all state, county, municipal and local taxes and all special assessments collected as taxes which at the time the final subdivision 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 same amount, and of the kind approved for securing deposits of public money. (Ord. 510 § 2, 2007)
16.06.040 Action on final subdivision map.
A. Approval by City Engineer. Upon receipt of a complete final subdivision map application, the city engineer shall examine and determine that the subdivision as shown is substantially the same as it appeared on the tentative subdivision map, and any approved alterations. The city engineer shall verify that all provisions of the law and of this title applicable at the time of approval of the tentative subdivision map have been complied with, and that he or she is satisfied that the map is technically correct. If the city engineer determines that the map fully conforms, he or she shall so certify on the map. If it is determined that the final subdivision map does not conform, the subdivider shall be advised of the changes or additions that must be made before the final subdivision map can be certified. If the subdivider is not satisfied with the determination made by the city engineer, the subdivider may appeal in writing within 15 days to the city council.
In the event a subdivision is partly in the city and partly outside the city, the county surveyor and the city engineer shall enter into an agreement by and with the consent of their respective governing bodies, providing that the county surveyor may perform the duties of the city engineer or vice versa, or providing for an apportionment between them of said duties. The county surveyor or the city engineer, when by such agreement all such duties devolve upon either one, may after his or her performance thereof make the aforesaid certification upon said map, and when by such agreement said duties are apportioned between the county surveyor and city engineer, it shall be sufficient if each shall, after the performance thereof, make a certification on said map, touching the duties performed by each. When all certificates required on the final subdivision map have been signed, except the approval certificate of the city council, the city engineer shall transmit said map to the city clerk.
B. Approval by City Council.
1. At its first regular meeting following the transmittal of the final subdivision map to the city clerk, the city council shall receive said map and shall consider the map, the plan of subdivision and the offers of dedication. The city council may reject any or all offers of dedication. In the event that all improvements required or conditions imposed upon the terms of this title or by law are not completed before the filing of the final subdivision map, the city council may enter into a subdivision improvement agreement with the subdivider as provided in Chapter 16.16 EMC.
2. The city council shall, at the meeting at which it receives the map, or at its next regular meeting thereafter, approve said map if it is determined to be in conformity with the provisions of law and of this title. The city council shall disapprove said map if it is determined to not be in conformity with the provisions of law and/or of this title and shall advise the subdivider of its disapproval, and the reason or reasons therefor.
C. Action by City Clerk. The city clerk, upon receipt of the necessary fees, after the signatures and seals have been affixed and upon the approval of the final subdivision map by the city council, shall transmit the map to the county recorder who shall record the same. No map shall have any force or effect until the city council has approved the same, and no title to any property described in any offer of dedication shall pass until recordation of the final subdivision map. (Ord. 510 § 2, 2007)
16.06.050 Correction and amendment of maps.
After a final subdivision map or parcel map is filed in the office of the county recorder, it may be amended by a certificate of correction or an amending map for any of the following purposes:
A. To correct an error in any course or distance shown.
B. To show any course or distance that was omitted.
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 or character of any monument which has been changed in location or character which originally was shown at the wrong location or incorrectly as to its character.
F. To correct any other type of map error or omission as approved by the city engineer, which does not affect any property right. Such errors and omissions may include, but are not limited to, lot numbers, acreage, street names and identification of adjacent record maps, but not changes in courses or distances if not ascertainable from the data shown on the map.
The amending map must conform to the requirements of this title and must be signed by a registered civil engineer or licensed land surveyor, current property owners and the city engineer. Said map shall be filed in the office of the county recorder. (Ord. 510 § 2, 2007)