Division 6.
Maior Subdivision - Final Map.
25.159 Final map - Filing procedure.
Within the period prescribed by law or action by the city council and subsequent to the date of expiration of approval or conditional approval of the tentative map, the subdivider may cause the subdivision or any part thereof, to be surveyed and a final map to be prepared by a registered civil engineer or licensed surveyor in conformance with the tentative map as approved or conditionally approved. Eleven (11) blue or black line prints of the final map and such other copies as may be required for checking, and approval shall be submitted to the city engineer.
25.160 Checking fee.
At the time of submittal of the final map for checking and approval, a checking fee set by the city council shall be paid to the city’s engineering division.
25.161 Content and form of final maps.
The content and form of final maps shall be governed by the Subdivision Map Act.
25.162 Documents to be filed with final map.
At the time of submitting the final map to the city engineer for checking, the subdivider shall also submit therewith the following:
(a) Traverse sheets: Traverse sheets in a form approved by the city engineer giving latitudes and departures and coordinates of the boundary of the subdivision and blocks and lots therein. Closures shall be within one foot to ten thousand feet.
(b) Improvement plans: Three (3) copies of the subdivision construction plans shall be submitted to the city engineer, and of all other improvements proposed to be installed by the subdivider in, or over, or under any street right-of-way easement or parcel of land dedicated by the map or previously dedicated, including the estimated cost hereof. All such plans shall be prepared in accordance with the requirements of the city engineer. Sheets shall be twenty-four inches (24") by thirty-six inches (36") with a two inch (2") left margin and a plan and profile drawn to a scale of one inch (1") equaling forty feet (40’). Details shall be shown at approximate scale.
(c) Design data: Design data, assumptions and computation for proper analysis shall be in accordance with sound engineering practice.
(d) Lot area computations: The subdivider shall furnish data to the department of planning and development indicating the area of each lot which is not rectangular in shape in the subdivision.
(e) Guaranty 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 acknowledgments thereto appear on the proper certificates and are correctly shown on said map.
(f) Improvement agreement: In the event drainage structures, grading, paving or other required improvements have not been completed prior to presentation of the final map, the subdivider shall file an agreement for the improvement as herein required and as may be further required by the city engineer, and the city council, and shall secure the performance thereof by a good and sufficient surety bond as outlined in sec. 6.12 (sec. 25.166.4) of this article (chapter).
(g) Preliminary soils report: A preliminary soils report, prepared by a civil engineer registered in this state and based upon adequate test borings shall be submitted to the city engineer for every subdivision. The preliminary soils report may also contain a seismic study if the city engineer determines or the tentative map approval requires such study be conducted.
A preliminary soils report may be waived by the city engineer providing the city engineer finds that due to the knowledge of the public works department of the City of Fairfield has as to the soils qualities of the soils in the subdivision, no preliminary analysis is necessary.
If the public works department of the City of Fairfield has knowledge of, or 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 of any or all of the lots in the subdivision may be required by the city engineer. Such soils investigation shall be done by a civil engineer registered in this state, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problem exists.
The city council may approve the subdivision or portion thereof where such soils problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed and a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure.
(h) Agreement and bond: The agreement and bonds as specified in this ordinance.
(i) Deed restrictions: One copy of the deed restrictions shall be submitted to the department of planning and development.
(j) Owner certificate: A certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the final map is required, except for those parties expressly exempted by section 66436 of the Map Act.
(k) Any other information required by tentative map approval to be submitted with the final map.
25.163 Inspection costs.
Before approval is given the final map, the subdivider shall deposit with the city in cash the costs of inspections to be made by the city. The amount of money deposited shall be set by the city council based upon the total estimated cost of public improvements to be made within the subdivision, as determined by the city engineer.
25.164 Department approvals.
The following city officials shall take action as indicated within twenty (20) days after filing all required materials:
(a) Approval by city engineer: The city engineer shall examine the final map and accessory data submitted and upon determination that the subdivision as shown meets the requirements of the approved tentative map, the subdivision map act, and the provisions of this ordinance and is technically correct shall transmit such map and accompanying documents to the city council for approval.
If the city engineer shall determine that full conformity has not been made, the city engineer shall advise the subdivider of the changes or additions that must be made for such purposes and shall afford the subdivider an opportunity to make such changes or additions.
The subdivider may appeal the decision of the city engineer to the planning commission. The procedures for appeal shall be in accord with sections 66452.5 and 66451.3 of the subdivision map act. In the event the subdivider is not satisfied with the determination of the planning commission of the appeal, the subdivider may appeal the decision of the planning commission to the city council.
When the city engineer determines that full conformity therewith has been made, he shall transmit the final map to the city council.
(b) Approval by director of planning and development: The director of planning and development, upon receipt of a print of the final map from the city engineer, shall examine said map for conformity and if it complies with the approved tentative map, shall recommend approval of said map to the city engineer.
(c) Approval by city attorney: The city attorney shall examine the guaranty of title, offers of dedication and names of persons necessary to pass clear title to the property, and shall advise the city manager. If such documents are not current, he shall advise the subdivider.
25.165 Improvement agreement.
Prior to the approval by the city council of the final map, the subdivider shall execute and file an agreement between himself and the city, specifying the period within which he shall complete all improvement work at the satisfaction of the city engineer, and providing that if he shall fail to complete such work within such period, the city may complete the same and recover the full cost and expense thereof from the subdivider. The agreement shall also provide for inspection of all improvements by the city engineer. Such agreement may also provide:
(a) For the construction of the improvements in units.
(b) For extension of time under conditions therein specified.
(c) For progress payments to the subdivider or his order from any deposit money which the subdivider may have made in lieu of providing a surety bond, as provided by the next succeeding section; providing, however, that no such progress payment shall be made for more than ninety percent of the value of any installment of work and provided that each such installment of work shall be completed to the satisfaction of the city engineer.
(d) For the financing and construction of any or all of such improvements under appropriate special assessment act proceedings, within such time as may be prescribed by the city council.
All utilities and public services facilities which may be the subject of the above agreement will be maintained by the developer for a period of one year after the acceptance of these facilities by the city council. The repair and correction of any defects or deficiencies due to workmanship or materials which are discovered within one (1) year from date of acceptance by the city.
25.166 Improvement security.
The subdivider shall also file with the improvement agreement, a faithful performance bond in an amount deemed sufficient by the city engineer to cover the cost of the improvements. An additional bond in an amount required by law to secure payment to the contractor, subcontractors and to persons furnishing labor and materials or equipment shall also be required. Such bonds shall be executed by a surety company authorized to transact a surety business in this state and must be satisfactory to and be approved by the city attorney as to form. In lieu of the surety bonds, the subdivider may deposit with the city clerk an amount fixed, as aforesaid, by the city engineer, or an instrument of credit from an approved financial institution.
25.166.1 City council approval.
After approval is given by the city engineer, a final map conforming to the approved or conditionally approved tentative map and other required documents may be filed with the city council for approval after all required certificates on such map have been signed. The city council shall approve the map if it conforms to all requirements of the subdivision map act and this chapter applicable at the time of approval or conditional approval of the tentative map, or if it does not so conform, disapprove the map.
25.166.2 City clerk approval.
The city clerk upon approval by the council of the final map, shall certify on the map the action by the city council. The city clerk shall transmit the final map to the county recorder in accord with the procedures outlined in section 66464 of the subdivision map act.
25.166.3 Recording of final map.
The subdivider shall present to the county recorder evidence that, at the time of the filing of the final map in the office of the county recorder, the parties consenting to such filing are all of the parties having a record title interest in the real property being subdivided whose signatures are required by this division as shown by the records in the office of the recorder; otherwise, the map shall not be filed.
25.166.4 Submission of additional copies.
Immediately subsequent to the recordation of the final map, the subdivider thereof shall furnish, at his own expense, copies of the final map and affidavit sheet as follows:
(a) To the department of public works, one duplicate tracing on cloth or mylar with all recording data thereon.
(b) To the department of planning and development, one 8-1/2 x 11” mylar reduction of the final map.
25.166.5 Forfeiture of surety.
In the event the subdivider shall fail to complete all improvement work in accordance with the provisions of this chapter and the city shall have to complete same, or if the subdivider shall fail to reimburse the city for the costs of inspection, engineering, fees, and incidental expenses, the city shall call on the surety for reimbursement. In any case, if the amount of surety bond or cash deposit shall exceed all costs and expenses incurred by the city, it shall release the remainder of such bond or cash deposit, and if the amount of the surety bond or cash deposit shall be less than the cost and expense incurred by the city, the subdivider shall be liable to the city for such difference.
25.166.6 Release of surety.
(a) Except as otherwise provided in this section, no extension of time, progress payments from cash deposits, or a release of a surety bond or cash deposit shall be made except upon certification by the City Engineer that work covered thereby has been satisfactorily completed, and upon approval of the City Council. (Ord. 2006-15, eff. 10/5/06)
(b) Notwithstanding the foregoing, a partial release of a surety bond or cash deposit may be made upon the approval of the City Manager. The City Manager shall also have the authority to take whatever actions are necessary and proper to facilitate the partial release of the surety bond or cash deposit, including but not limited to responding to written demands for releases and reviewing and approving cost estimates. The City Manager may delegate the authority to carry out any or all of these functions. (Ord. 2006-15, eff. 10/5/06)
(c) At any time, the City Council may pass a resolution that authorizes another City official, employee or consultant to perform the functions described above and/or revokes the authority of the City Manager or his or her designee to perform these functions. (Ord. 2006-15, eff. 10/5/06)
25.166.7 Preparation of final map - Size, material and scale.
The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall be based upon a survey and shall conform to all of the following provisions:
(a) It shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, 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) The size of each sheet shall be 18 by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets and its relation to each adjoining sheet shall be clearly shown.
(c) All survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing thereon shall be shown, including bearings and distances of straight lines, and radii, and are length or chord bearings and length for all curves, and such information as may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries.
(d) Each parcel shall be numbered and each block may be’ numbered or lettered. Each street shall be named.
(e) 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.
(f) When a soils report has been prepared, this fact shall be noted on the final map, together with the date of the report and the name of the engineer making the report.
25.166.8 Final map title.
The title of each sheet of the final map shall consist of the approved name and unit number of the tract, conspicuously placed on the sheet, followed by the words, “City of Fairfield”.
Maps filed for the purpose of showing as acreage land previously subdivided into parcels or lots or blocks shall be conspicuously designated with an appropriate approved title.
25.166.9 Certificates acknowledgments and descriptions.
The title sheet of the map below the title shall show the name of the engineer or surveyor, together with the date of the survey, the scale of the map, and the number of sheets. The following certificates, acknowledgments and descriptions shall appear on the title sheet of the final maps. Such certificates may be combined where appropriate.
Prior to the filing of the final map with the city council, the subdivider shall file the certificates and documents set forth in the subdivision map act, or any amendments thereto, relating to taxes and assessments.
(a) Certificate by parties holding title: A certificate signed and acknowledged by all parties having any record title interest in the land subdivided, consenting to the preparation and recordation of the map, provided, however, that the signatures of parties owning the types of interest in the real property being subdivided which are enumerated in section 66436 of the subdivision map act may be omitted from the final map.
(b) Dedication certificate: A certificate signed and acknowledged as above offering for dedication all parcels of land shown on the final 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 licensees, visitors, tenants and servants.
(c) Engineer’s certificate:yA certificate by the engineer or surveyor responsible for the survey and final map is required. His certificate shall give the date of the survey, state that the survey and final map were made by him or under his direction, and that the survey is true and complete as shown.
The certificate shall also state that all the monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before a specified later date. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced.
(d) Certificate for execution: Certificates for execution by each of the following:
(1) Secretary of the planning commission.
(2) City engineer.
(3) City clerk.
(4) County recorder.
(e) Certificate restricting traffic if required: A certificate prohibiting trafficyover the right-of-way lines of a major street, highway, parkway oryfreeway, when and if the same is required.
(f) Notation of soils report: When a soils report has been prepared, this fact shall be noted on the final map together with the date of the report and the name of the engineer making the report.
(g) Certificate regarding tax lien: The title sheet shall contain a certificate for execution by the county assessor 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 not yet payable.
(h) Other affidavits, etc.: The title sheet shall contain such other affidavits, certificates, acknowledgements, endorsements, and notarial seals as are required by law and by this chapter.
25.166.10 Coordinate system.
Basis of bearings shall be California zone II as specified in section 8771.5 of the land surveyor’s act.
25.166.11 Subdivision boundary.
An accurate and complete boundary survey shall be made of the land to be subdivided. A traverse of the exterior boundaries of the tract, and of each block, when computed from field measurements on the ground, must close within a limit of one to ten thousand (1:10,000) feet of perimeter. The boundary of the subdivision shall be indicated on the final map as required by the subdivision’ map act. All lines shown on the map which do not constitute a part of the subdivision, shall be phantom labeled “not part of this subdivision”.
25.166.12 Dimensions, bearinq and curve data.
The final map shall show all survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing thereon, including bearings and distances of straight lines, and radii and are lengths for all curves, and such information as may be necessary to determine the location of the centers of curves.
25.166.13 Lots and blocks.
All lots and blocks and all parcels offered for dedication for any purpose shall be particularly delineated and designated with all dimensions, boundaries and courses clearly shown and defined in every case. Parcels offered for dedication other than for streets or easements shall be designated by letter. Sufficient linear, angular, and curve data shall be shown to determine readily the bearing and length of the boundary lines of every block, lot and parcel which is a part thereof. All lots and, wherever practicable, blocks in their entirety shall be shown on one sheet. No ditto marks shall be used for lot dimensions. Lot numbers shall begin with the numeral “1” and continue consecutively throughout the tract, with no omissions or duplications. Each unit of a subdivision shall be numbered separately.
25.166.14 Streets.
The map shall show the right-of-way lines of each street, and the width of any portion being dedicated, and widths of any existing dedications. The widths and locations of adjacent streets and other public properties within fifty feet (50’) of the subdivision shall be shown. If any street in the subdivision is a continuation of an existing street, the conformity or the amount of nonconformity of such street to such existing street shall be accurately shown. Whenever the center line of a street has been established or recorded, the data shall be shown on the final map.
25.166.15 Easements.
The side lines of all easements shall be shown by fine dashed and/or dotted lines. If any easement already of record cannot be definitely located, a statement of the existence, the nature thereof and its recorded reference must appear on the title sheet. Distances and bearings on the side lines of lots which are cut by an easement must be arrowed or so shown that the map will indicate clearly the actual lengths of the lot lines. The widths of all easements and sufficient ties thereto to definitely locate the same with respect to the subdivision must be shown. All easements must be clearly labeled and identified. If an easement shown on the map is already of record, its recorded reference must be given. If an easement is being dedicated by the map, it shall be set out in the owner’s certificate of dedication.
25.166.16 Building setback line.
The map shall show approved building setback lines on all streets by long, thin dash lines.
25.166.17 Area subject to inundation.
The map shall contain a statement about any lot or lots within the subdivision being subject to inundation.
25.166.18 Monuments.
At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in section 9881 of the business and professions code so that another engineer or surveyor may readily retrace the survey.
The final map shall show fully and clearly what stakes, monuments, or other evidence to determine the boundaries of the subdivision were found on the ground and each adjacent corner of each adjoining subdivision or portion thereof, by lot and block numbers, tract name or number, and place of record, or by section, township and range, or other proper designation. The following required monuments shall be shown on the final map.
(a) The location of all monuments placed in making the survey, and if any points were reset by ties, that fact shall be stated.
(b) Concrete monuments depressed below street grade with cast iron ring and cover of a type approved by the city engineer shall be set at intersections of street center line tangents or offsets therefrom. The exact location of all such monuments shall be shown on the final map before approval is requested.
(c) Any monument or benchmark as required by this ordinance, that is disturbed or destroyed before acceptance of all improvements shall be replaced by the subdivider.
(d) All monuments necessary to establish the exterior boundaries of the subdivision shall be set or referenced prior to recordation of the final map.
(e) All monuments other than those necessary to establish the exterior boundaries of the subdivision may be set after acceptance of the final map by the city council, as recommended by the city engineer and approved by the city council.
25.166.19 Tree planting easements.
The map shall show a tree planting easement, eight feet (8’) in width along the street frontages of each lot.
25.166.20 Dedication requirements for streets, alleys and easements.
As a condition of approval of a final map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets, alleys, including access rights and abutters’ rights, drainage, public utility easements and other public easements. In addition, the subdivider shall improve or agree to improve all streets, alleys, including access rights and abutters’ rights, drainage, public utility easements and other public easements.
Pursuant to the provisions of Section 66434.2 of the Subdivision Map Act an additional sheet or separate document shall be added to final maps, when requested by the city engineer, to indicate additional surveyor map information including, but not limited to, building set back lines, flood hazard zones, seismic lines and setbacks, geologic, mapping, and archaeological sites, not contained within the body of the map. (Ord. No. 95-29, § 1.)