Chapter 16.36
FINAL MAP
Sections:
16.36.030 Certificates and tax bonds.
16.36.040 Action on final map.
16.36.060 City staff action on final map.
16.36.070 Filing with the county recorder.
16.36.010 Filing.
A. The subdivider or his agent may file a final map within two years after the approval or conditional approval of the tentative map. In any case where a final map is not filed within two years after approval and where no extension of time has been granted, a new tentative map shall be required.
B. A tracing of the final map shall be filed with the city clerk together with the checking fee as established by resolution of the city council, no part of which shall be returnable, at least twenty-one days prior to the meeting of the city council at which approval is expected.
C. At the time of the filing of the final map with the city clerk, the subdivider shall also file traverse sheets showing closures and computations of boundaries and blocks. All closures within the subdivision shall be within the limits of error of one in five thousand.
D. The final map shall be accompanied by a 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 places shown on the map and certifying that as of the date of the preparation of the report, the persons named therein are all the persons necessary to give clear title to said subdivision. At the time of recording the approved map, there shall be presented to the county recorder a guarantee executed by a duly authorized title company for the benefit and protection of the city showing that the persons (naming them) consenting to the preparation and recordation of said map and offering for public 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. (Ord. 508 § 2 (part), 1993).
16.36.020 Form.
A. The final map shall be clearly and legibly drawn upon tracing cloth of good quality. All lines, letters, figures, certifications, acknowledgments and signatures shall be made in black waterproof India ink, except that affidavits, certificates and acknowledgements 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 therefrom. The size of each sheet shall be eighteen by twenty-six inches, leaving an entirely blank margin of one inch.
B. When the final map consists of more than two sheets, a key map showing the relation of the sheets shall be placed upon sheet one. Every sheet comprising the map shall bear the scale, north arrow, legend, street number and number of sheets comprising the map.
C. The final map shall contain a title consisting of the name of the tract and a subtitle or general description of all the property being subdivided with reference to maps which have been previously subdivided. In no case shall the title be the same or so nearly the same as to cause confusion as a name of any existing subdivision previously recorded within the county.
D. The final 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.
E. Sufficient data must be shown to determine readily the bearing and length of every lot line, block line and boundary line. Dimensions of lots shall be given as total dimensions corner to corner, and shall be shown in feet and hundredths of a foot. Lots containing one or more acres shall show the total acreage (exclusive of dedicated rights-of-way) to the nearest hundredth, bearing and length of straight lines, radii, tangent, interior angle and length of all curves.
F. When the city engineer has established the centerline of a street or alley, adjacent to or in the proposed subdivision, the date shall be shown on the final 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 of all ties shall be shown.
G. The map shall show the location and description of all monuments and bench marks found, used or placed in making the survey of the subdivision with proper reference sufficient for relocation.
H. In addition, the final map shall be prepared in full compliance with the following requirements:
1. The line of high water shall be shown in any case where the subdivision is adjacent to a stream, channel or body of water.
2. The boundaries of any areas within the proposed subdivision which are subject to periodic inundation by water shall be shown.
3. The boundary of the subdivision shall be designated by a border, one-eighth of an inch in width and placed contiguous with the inside of the boundary on the reverse side of the tracing, and in blue ink.
4. The center and side lines of all streets, the total widths of all streets, the widths of the portion or the portions of any street being dedicated and the widths of existing dedications, the widths each side of the permanent centerline, and the width of railroad rights-of-way shall be shown.
5. The map shall show the side lines of all easements to which the lots are subject. The easements must be clearly labeled and identified, and if already 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, with the width, bearings and ties shown thereon. If dedicated, it should be so noted in the subdivider’s certificate.
6. City boundary lines shall be clearly designated.
7. Block numbers shall be shown on each block and as assigned by the city clerk.
8. Lot numbers shall begin with the number “1” in each block and shall be consecutive with no omissions or duplications.
9. The map shall show all other data that is or may hereafter be required by law.
10. The map shall particularly define, delineate and designate all lots intended for sale or reserved for private purpose, with all dimensions, boundaries and courses clearly shown and defined in every case.
11. Maps filed for the purpose of reverting subdivided land to acreage shall be conspicuously so designated under the title, “The Purpose of This Map is a Reversion to Acreage.”
12. The map shall show a statement of restrictive covenants. (Ord. 508 § 2 (part), 1993).
16.36.030 Certificates and tax bonds.
A. The following certificates and acknowledgements and others required by law shall appear on the final map. Such certificates may be combined where appropriate:
1. A certificate signed and acknowledged by all parties having any title interest in the land subdivided, consenting to the preparation and recording 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:
a. Rights-of-way, easements or other interests, none of which can ripen into a fee,
b. Rights-of-way, easements or reversions, which by reason of changed conditions, long disuse or laches appears to be no longer of practical use or value and which signature it is impossible or impractical to obtain. In this case, a reasonable statement of the circumstances preventing the procurement of the signature shall be set forth on the map,
c. Any subdivision map including land originally patented by the United States or the 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 the state thereto, or to dedication made thereon;
2. A certificate signed and acknowledged as in subsection A 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;
3. A certificate by the civil engineer or licensed land surveyor responsible for the survey and final map. This certificate unless attested shall be accompanied by his seal;
4. A certificate by the city engineer showing he has examined the map and found it technically correct and in conformance with state laws and all city ordinances;
5. A certificate for the planning commission for execution by the secretary of the planning commission;
6. A certificate for the city clerk for execution by the city clerk;
7. A certificate for the county recorder for execution by the county recorder;
8. A certificate of limited access to streets of partial width with conditions for permitting access to these part-width streets.
B. Prior to the filing of the final map with the governing body, the subdivider shall file with the city clerk a certificate from the official computing redemptions for 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, district or local taxes or special assessments collected as taxes, except taxes or special assessments not yet due and payable.
C. As to taxes or special assessments collected as taxes not yet payable, the subdivider shall file with the city clerk 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. Duplicate copies of the certificates provided for by Section 66492 of the Government Code may be filed for the purposes of this section.
D. 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 has filed with the board of supervisors of the county the bond required by Section 66493 of the Government Code or made the deposit referred to in said section and has filed with the city clerk a copy of said bond or a statement of the amount and character of such deposit certified by the clerk of said board of supervisors. (Ord. 508 § 2 (part), 1993).
16.36.040 Action on final map.
Action approving the final map can be either taken at the staff level pursuant to Section 16.36.060 or at the city council level pursuant to Section 16.36.050. Whether or not a final map is processed pursuant to Section 16.36.050 or pursuant to Section 16.36.060 shall be determined by the city manager. (Ord. 768 § 1 (part), 2014: Ord. 508 § 2 (part), 1993).
16.36.050 Council action.
A. In the event the city manager determines that the city council will process the final map, the secretary of the planning commission, upon receiving the final map from the subdivider or his agent, shall examine the same to determine whether said map conforms with the tentative map and with all changes and requirements imposed as a condition to the acceptance of said tentative map by the planning commission or city council. If it is determined that the final map does not conform, the subdivider shall be advised of the changes or additions that are still required before the final map can be certified by the secretary.
B. The city council shall, at the meeting at which it receives the map or at the next succeeding regular meeting, approve the final map if the council finds that the map meets all the requirements and conditions imposed by the State Subdivision Map Act and by this title, which were applicable to the subdivision at the time of approval of the tentative map. If the map does not conform, the council shall disapprove the map.
C. Concurrently with the approval of the final map, the city council shall accept, accept subject to improvement, or reject any offer of dedication.
D. Prior to the time of approval of the final map by the city council, the subdivider and city shall enter into an agreement conforming with the provisions of this title or the State Subdivision Map Act which have not been completed and accepted in accordance with the city’s standard specifications applicable at the time of the approval or conditional approval of the tentative map. The subdivider shall provide approved security to assure performance of each and every term and condition of the agreement. (Ord. 768 § 1 (part), 2014: Ord. 508 § 2 (part), 1993).
16.36.060 City staff action on final map.
A. The city council designates the city engineer, fire chief, and the city manager with the authority to approve or disapprove a final map, subject to the provisions of this chapter, when the city manager determines that it is appropriate to do so. For a final map to be approved by the city, the city engineer, fire chief, and the city manager must approve of the final map. This authority includes the power to accept, accept subject to improvement, or reject dedications and offers of dedications that are made by a statement on the final map. Any action taken pursuant to this section must be done jointly, with the concurrence of the city engineer, fire chief, and the city manager, to be valid.
B. After the city receives a final map for approval, the city council clerk will provide notice of the pending action on the final map by attaching and posting such notice with the city council’s next regular meeting agenda and mailing such notice to interested parties. Either the city planning or the city manager will notify the city council at the next regular meeting after receipt of the final map that the final map is being reviewed for final approval.
C. The city engineer, fire chief, and city manager will approve or disapprove of the final map within ten days following the regular city council meeting where the matter was noticed.
D. Decisions made by the city engineer, fire chief and city manager may be appealed to the city council, pursuant to Chapter 16.88.
E. The city council will review the delegation of authority to the city engineer, fire chief, and city manager every three years from the effective date of the ordinance codified in this chapter, or as soon thereafter as is practical. (Ord. 768 § 1 (part), 2014).
16.36.070 Filing with the county recorder.
Upon approval of the final map by the city council or the city manager and city engineer and fire chief, the city clerk shall transmit the map to the county recorder. (Ord. 768 § 1 (part), 2014: Ord. 508 § 2 (part), 1993. Formerly 16.36.060).