Chapter 16.12
FINAL MAPS
Sections:
16.12.010 Final maps – Form and content.
16.12.020 Submittal of final map.
16.12.030 Final map approval by City Council.
16.12.040 Other actions by City Council.
16.12.050 Filing multiple maps – Submittal by units.
16.12.060 Filing maps with County Recorder.
16.12.070 Waiver of final parcel map.
16.12.080 Maps for reversion to acreage.
16.12.090 Reversion by parcel map.
16.12.010 Final maps – Form and content.
All final maps for five or more lots, parcel maps, reversion to acreage maps, boundary adjustment plats, and other maps submitted for final City approval, shall be in the form and quantity and shall contain and be accompanied with all the information, certificates, signatures, data, reports, and other particulars, as required by the City Council, expressed by resolution. (Ord. 80 § 1, 1982; CC § 81.401)
16.12.020 Submittal of final map.
A. After the approval or conditional approval of a tentative subdivision or parcel map, and prior to the expiration of such map, the subdivider may cause the real property included within the map, or any part thereof in the case of subdivision of five or more lots, to be surveyed and a final map prepared in accordance with the approved or conditionally approved tentative map.
B. The final map shall be submitted for technical review to the City Engineer, who shall review the map for correctness, survey accuracy, substantial conformance with the approved tentative subdivision or parcel map, compliance with the conditions of approval thereon, compliance with all requirements imposed by the Subdivision Map Act and City ordinances in effect at the time of tentative map approval, and for compliance with the requirements for form, content, and other details as set forth by City Council resolution pursuant to this chapter. The final map shall be submitted to the City Engineer at least 90 calendar days prior to the expiration date of the tentative map.
C. A reasonable fee shall be paid by the subdivider prior to the City Engineer’s review of the final map, to cover the expenses thereof, in an amount and in the manner as set by City Council resolution.
D. When the City Engineer is satisfied as to the above, the subdivider shall submit the original map tracing in its final form, completely signed and executed, to the City Engineer, who shall sign the appropriate certificates and then transmit the original, along with an explanatory report or transmittal, to the City Clerk. (Ord. 80 § 1, 1982; CC § 81.402)
16.12.030 Final map approval by City Council.
A. The final map, together with any subdivision agreement, shall be placed before the City Council by the City Clerk at the next meeting following the Clerk’s receipt of the final map from the City Engineer.
B. If the final map is submitted to the City Clerk prior to the expiration date of the tentative subdivision or parcel map, but the Council meeting at which its final approval is to be considered occurs after the expiration date, the expiration date of the tentative map shall be deemed to be extended accordingly; provided, however, the final map is recorded within 15 days after the date final approval of the subdivision or parcel map is given by Council.
C. If the final map conforms to all of the applicable provisions of the Subdivision Map Act and the requirements of all City ordinances applicable at the time the tentative subdivision or parcel map was approved or conditionally approved, any subsequent conditions added, and any rulings made thereunder, the City Council shall approve the map, and if it does not so conform, the City Council shall disapprove the map.
D. If the City Council does not approve or disapprove the final map at the meeting at which it received the map, or at its next regular meeting after the meeting at which it received the map, or after any continuance which was mutually approved by the subdivider and the City Council, and the map does conform to the Subdivision Map Act and all City ordinances, it shall be deemed approved, and the City Clerk shall certify approval thereon.
E. The City Council shall not deny approval of the final parcel map if it has previously approved a tentative parcel map for the same subdivision and it finds the final parcel map is in substantial compliance with the previously approved tentative map. (Ord. 80 § 1, 1982; CC § 81.403)
16.12.040 Other actions by City Council.
At the same meeting at which the final subdivision map or parcel map is scheduled for approval, the City Council may also approve the subdivision agreement for the construction of improvements, accept improvement securities, conditionally accept or reject dedications or offers of dedication, and take other actions as prescribed in the Subdivision Map Act and this division. (Ord. 80 § 1, 1982; CC § 81.404)
16.12.050 Filing multiple maps – Submittal by units.
A. Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if:
1. The subdivider, at the time the tentative map is filed, informs the Director of Development Services of the subdivider’s intention to file multiple final maps on the tentative map; or
2. After filing of the tentative map, the Director of Development Services and the subdivider concur in the filing of multiple final maps.
B. In providing such notice, the subdivider shall not be required to define in advance the number of configuration of the proposed multiple maps.
C. In order to assure a logical and orderly development of the entire subdivision, and to assure the provision of adequate access, streets, utilities, and other needed improvements, the shape, configuration and location of each final map increment or unit shall be subject to the review and approval of the Director of Development Services and the City Engineer, who may require that necessary dedications and improvements outside the increment or unit under consideration to be made, and/or guaranteed to be constructed by the execution of appropriate agreements and posting of improvement securities. (Ord. 518, 1999; Ord. 80 § 1, 1982; CC § 81.405)
16.12.060 Filing maps with County Recorder.
A. Upon the approval of the final map by the City Council and its acceptance of an improvement agreement and security, the City Clerk shall execute the appropriate certificate on the certificate sheet and forward the map, or have an authorized agent forward the map, to the Clerk of the County Board of Supervisors for transmittal to the County Recorder. In the case of a final map, the final map shall be forwarded directly to the County Recorder.
B. A reasonable fee shall be paid by the subdivider to cover the cost of recordation of the final map as set by City Council resolution. Upon recordation, the subdivider shall provide the City Engineer with a reproducible mylar copy of the recorded map, and with a sufficient number of prints of the maps as are determined by the City Engineer for City recordkeeping purposes. (Ord. 80 § 1, 1982; CC § 81.406)
16.12.070 Waiver of final parcel map.
A. The requirement that a final parcel map be prepared, filed for approval, and recorded may be waived, provided a finding is made by the City Council that the proposed subdivision complies with the requirements as to area, improvement and design, flood and runoff drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, fire protection, environmental protection, and other requirements of this division and the Subdivision Map Act. The following types of subdivisions are hereby deemed to comply with the findings required by this section for waiver of a final parcel map, unless a showing is made in individual cases upon substantial evidence that public policy necessitates such a final parcel map:
1. A division of land for or resulting from the conveyance of land to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way;
2. A division of land wherein no dedications or improvements are required, and the entire exterior boundary of which is monumented and shown on subdivision maps or parcel maps which were approved and recorded after February 1, 1972.
B. Subdivisions wherein dedications are required, or where improvements are to be installed or guaranteed to be installed by the execution of a secured agreement as a condition of tentative parcel map approval, are hereby deemed not to comply with the findings required by this section for waiver of a final parcel map, and a final parcel map shall be required.
C. When a final parcel map has been waived pursuant to this section, the City Engineer shall cause to be filed with the County Recorder a “certificate of compliance” for the land being divided. A reasonable fee shall be charged for the preparation and recordation of such a certificate of compliance, as set by City Council resolution.
D. The processing of any application for the division of land pursuant to this section shall be subject to the same time limits, appeal provisions, and time extensions as specified in Chapter 16.10 PMC. (Ord. 80 § 1, 1982; CC § 81.407)
16.12.080 Maps for reversion to acreage.
A. A final map shall be required for the reversion of subdivided real property to acreage. Such reversion process shall be done in accordance with Section 66499.11 et seq. of the Subdivision Map Act.
B. The City Council shall, as a condition precedent to the approval of a reversion, make the findings as required in the above specified section of the Subdivision Map Act, and may require dedications, offers of dedication and improvements for the purposes specified elsewhere in this division.
C. Subdivided lands may be merged and resubdivided without reverting to acreage by complying with all the applicable requirements for the subdivision of land as provided by this division and the Subdivision Map Act. The filing of the final map or parcel map shall constitute legal merging of the separate parcels into one parcel and the resubdivision of such parcel. Any unused fees or deposits previously made pursuant to this division pertaining to the property shall be credited pro rata towards any requirements for the same purposes which are applicable at the time of resubdivision. Any streets or easements to be left in effect after the resubdivision shall be adequately delineated on the map. After approval of the merger and resubdivision by the City Council, the map shall be delivered to the County Recorder. The filing of the map shall constitute legal merger and resubdivision of the land affected thereby, and shall also constitute abandonment of all streets and easements not shown on the map. (Ord. 80 § 1, 1982; CC § 81.408)
16.12.090 Reversion by parcel map.
A. A final parcel map may be filed for the purpose of reverting to acreage, land previously subdivided and consisting of four or less contiguous parcels under the same ownership.
B. Any map so submitted shall be accompanied by evidence of title and nonuse or lack of necessity of any streets or easements which are to be vacated or abandoned. Any streets or easements to be left in effect after the reversion shall be adequately delineated on the map.
C. After approval of the reversion by the City Council, the map shall be delivered to the County Recorder.
D. The filing of the map shall constitute legal reversion to acreage of the land affected thereby, and shall also constitute abandonment of all streets and easements not shown on the map.
E. The filing of the map shall also constitute a merger of the separate parcels into one parcel for purposes of this chapter. Except as provided in subdivision (f) of Section 66445 of the Subdivision Map Act, on any parcel map used for reverting acreage, a certificate shall appear signed and acknowledged by all parties having any record title interest in the land being reverted, consenting to the preparation and filing of the parcel map. (Ord. 80 § 1, 1982; CC § 81.408.1)