Chapter 16.16


16.16.010    Purpose.

16.16.020    Applicability.

16.16.030    Application materials.

16.16.040    Final map contents.

16.16.050    Submission procedure.

16.16.060    Time limit.

16.16.070    Statements and certificates.

16.16.080    Property survey.

16.16.090    Improvement plans.

16.16.100    Improvement agreement.

16.16.110    Tax and assessment liens.

16.16.120    Approval by the city council.

16.16.010 Purpose.

This chapter establishes requirements for the preparation and processing of final maps. (Ord. 2007-08 § 4 (Exh. A (part)), 2007)

16.16.020 Applicability.

Prior to issuance of building permits for a subdivision project for any subdivision creating five or more parcels, five or more condominium units as defined in Section 783 of the Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, a final map shall be required, except where any one of the following occurs:

A.    The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the legislative body.

B.    Each parcel created by the division has a gross area of twenty acres or more and has an approved access to a maintained public street or highway.

C.    The land consists of a parcel or parcels of land having approved access to a public street or highway, which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths.

D.    Each parcel created by the division has a gross area of not less than forty acres or is not less than a quarter of a quarter section.

E.    The land being subdivided is solely for the creation of an environmental subdivision pursuant to Section 66418.2 of the Subdivision Map Act. (Ord. 2007-08 § 4 (Exh. A (part)), 2007)

16.16.030 Application materials.

Application for a final map shall be made to the community development department on forms provided by the community development department, accompanied by the required filing fee. The following material shall be submitted with each proposed final subdivision map application:

A.    Eight copies and one electronic copy in AutoCAD of the final map;

B.    Proposed improvement agreement, accompanying improvement security, a map filing title report, and proposed private deed restrictions;

C.    Traverse sheets prepared by a registered civil engineer or licensed surveyor showing the mathematical closure within one foot to ten thousand feet on the perimeter of the exterior boundary of the tract and of each block within the tract and each irregular lot. (Ord. 2007-08 § 4 (Exh. A (part)), 2007)

16.16.040 Final map contents.

The final map shall include the following:

A.    A scale large enough to show details clearly, minimum scale of one hundred feet to the inch or larger, using more than one sheet if necessary. The original shall be drawn in black ink upon tracing cloth or polyester base film of good quality. The size of the sheets shall be eighteen inches by twenty-six inches, and all sheets shall have a one inch margin on all borders.

B.    Numbered sheets showing the relation of one sheet to another shown.

C.    A map title consisting of a tract number and name, conspicuously placed at the lower right-hand corner of the sheet followed by the words, “consisting of ________ sheets” (showing the number thereof), followed by the words, “City of Marina”. If more than two sheets are necessary, an index diagram shall be provided.

D.    A subtitle that generally describes the property being subdivided using references to previously filed or recorded maps, or the plat of any state or U.S. survey. Each reference in such description shall be identical to the original record and reference the book and page of the record referenced.

E.    Border lines and center lines of all proposed streets with their widths and names; all easements including those to be dedicated to public use; vertical and lateral accessway easements shall be reviewed by a qualified biologist and/or geologist and easements shall be dedicated to the public as determined by the city unless otherwise specified in the local coastal program and in the approval of the tentative map. The exterior boundaries of the land in the subdivision shall be shown by a border one-eighth-inch wide.

F.    The lines of all adjoining properties, streets and alleys, showing their widths and names.

G.    All lot lines and numbers for all lots and letters for undevelopable areas. Building lines shall be shown if they differ from zoning requirements. All lots are to be numbered consecutively.

H.    All dimensions, both linear and angular, for locating boundaries of subdivisions, lots, street and alley lines, easements and building lines. The linear dimensions shall be expressed in feet and hundredths of a foot.

I.    All permanent monuments, together with their descriptions showing their location and size, and if any points were reset by ties, that fact shall be stated. Monuments shall be of a type and location per city standards and as prescribed by the standards set forth in Section 16.16.080 below.

J.    Title and description of property being subdivided, showing its location and extent, north arrow, scale of plan, basis of bearing and name of subdivider and of engineer or surveyor who prepared the map.

K.    The boundaries of any areas subject to periodic inundation by water or to geological hazards.

L.    Ocean meander lines from recorded data when sufficient survey information exists on filed maps and when the location of any points can be established by monuments.

M.    Scenic easements and open spaces if not shown as a lot or parcel shall be described by courses and distances and the basis of bearings shown. When a tentative subdivision map is approved with a prescribed net density and when final subdivision maps are filed in units, sufficient lot size plus open space in each unit to meet the approved net density shall be provided.

N.    Any city boundary that adjoins the subdivision shall be designated and located in relation to adjacent lot or block lines. No lot shall be divided by a city or district boundary line.

O.    Places where access rights have been waived or dedicated. (Ord. 2007-08 § 4 (Exh. A (part)), 2007) (Ord. No. 2009-04, § 4(Exh. A), 9-1-2009)

16.16.050 Submission procedure.

The engineering services manager shall examine the map and accompanying instruments, papers, and materials and determine whether the map is in substantial compliance with the tentative map as approved and as modified by any approved alterations, whether it complies with requirements of this chapter and of the Subdivision Map Act applicable at the time of approval of the tentative map, and whether it is technically correct. Once these findings are made, the engineering services manager (or a licensed civil engineer authorized to practice land surveying or licensed surveyor as delegated by the community development director) shall affix his/her certificate of approval to the map stating that he/she has examined the map and has made these findings. (Ord. 2007-08 § 4 (Exh. A (part)), 2007)

16.16.060 Time limit.

A.    Within twenty-four months after approval or conditional approval of the tentative map, the subdivider may cause the final map to be prepared in accordance with the tentative map as approved, or conditionally approved.

B.    An extension not exceeding two additional years may be granted by the planning commission upon application of the subdivider and provided all other approvals are in order and will remain effective through the extension period.

C.    Any failure to record a final map within twenty-four months from the approval or conditional approval of the tentative map, or within the time extension granted by the planning commission, shall terminate all proceedings.

D.    If the subdivider is required to expend one hundred twenty-five thousand dollars or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonably related to the development of that property, each filing of a final map authorized by Government Code Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by thirty-six months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than ten years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Government Code Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps which may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map, and shall be made in such a way as to ensure consistency with all other approvals. (Ord. 2007-08 § 4 (Exh. A (part)), 2007) (Ord. No. 2009-04, § 4(Exh. A), 9-1-2009)

16.16.070 Statements and certificates.

The following certificates and acknowledgments shall appear on the final map, and may be combined where appropriate:

A.    A certificate signed and acknowledged, by all parties having any record title interest in the land subdivided, consenting to the preparation and recording of the final map. In the event of dedication, there shall be a certificate signed and acknowledged by all parties having a record title interest in land being subdivided offering certain parcels of land for dedication for specified public uses, subject to such restrictions as may be contained in the offer of dedication. An offer of dedication for street or highway purposes may include a waiver of access rights to such street or highway from any property shown on the final map as abutting thereon. Any parcels of land shown on the map and intended for public use shall be offered for dedication for public use except those parcels intended for the exclusive use of lot owners in the subdivision, their licensees, tenants, and employees.

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, none of which can ripen into a fee.

2.    Rights-of-way, easements, or reversions, which by reason of changed conditions or long disuse, appear to be no longer of practical use or value and which signatures it is impossible or impractical to obtain. In this case, a reasonable statement of the circumstances preventing the procurement of the signatures shall be set forth on the map.

3.    Any subdivision map including land originally patented by the United States or the state of California, under patent reserving interest to either or both of these entities, may be recorded under the provision of this chapter without the consent of the United States or the state of California thereto, or to dedication made thereon.

4.    Interests in or rights to minerals, including but not limited to oil, gas, or other hydrocarbon substances, if: (1) the ownership of such interests or rights does not include a right of entry on the surface of the land, or (2) the use of the land, or surface thereof, in connection with the ownership of such interests or rights is prohibited by zoning or other governmental regulations of the governing body and the signatures of the owners of such interests or rights are waived by the governing body.

B.    A statement by the engineer or surveyor responsible for the survey and final map. His or her statement shall give the date of the survey, state that the survey and final map were made by him or her or under his or her direction, and that the survey is true and complete as shown. The statement shall also state that all the monuments are of the character and occupy the positions indicated, or that they will be set in those positions and on or before a specified later date. The statement shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced by city council.

C.    Certificates for execution by the engineering services manager or licensed civil engineer authorized to practice land surveying or licensed surveyor, as delegated by the community development director, clerk of the city council, and the county recorder. (Ord. 2007-08 § 4 (Exh. A (part)), 2007)

16.16.080 Property survey.

The procedure and practice for all survey work done on any subdivision, whether for preparation of a final map or parcel map shall conform to the standards and principals of land surveying, the Business and Professions Code of the state of California Section 8700 et seq., and the provision of this chapter. All related documents shall be executed by a California-Registered Civil Engineer or licensed land surveyor.

A.    At the time of making a survey for a final map or parcel map, the engineer or surveyor shall set sufficient durable monuments as provided below.

1.    Monuments set shall be sufficient in number and durability and efficiently placed so as not to be readily disturbed, to assure, together with monuments already existing, the perpetuation or easy reestablishment of any point or line of the survey.

2.    When monuments exist which control the location of subdivisions, tracts, streets or highways, or provide survey control, the monuments shall be located and referenced by or under the direction of a licensed land surveyor or registered civil engineer prior to the time when any streets or highways are reconstructed or relocated and a corner record of the references shall be filed with the county surveyor. The monuments shall be reset in the surface of the new construction, a suitable monument box placed at that location, or permanent witness monuments set to perpetuate their location, and a corner record filed with the county surveyor.

3.    Sufficient controlling monuments shall be retained or replaced in their original positions to enable land lines, property corners and tract boundaries to be reestablished without devious surveys necessarily originating on monuments differing from those that currently control the area.

4.    At least one exterior boundary line of a final map shall be adequately monumented or referenced before the final map is submitted for approval to the city council.

5.    Interior monuments and boundary monuments other than those required in subsection (A)(2) of this section, need not be set at the time the map is recorded, if the engineer or surveyor certifies on the map the monuments will be set on or before a specified later date, and if the subdivider furnishes to the city security guaranteeing the payment of the cost of setting such monuments.

6.    Within five days after the final setting of all monuments has been completed, the engineer or surveyor shall give written notice to the subdivider, and to the engineering services manager that the final monuments have been set. Upon payment to the engineer or surveyor for setting the final monuments, the subdivider shall present to the city evidence of payment and receipt thereof by the engineer or surveyor. If the subdivider does not present evidence to the city that the engineer or surveyor has been paid for the setting of the final monuments, and if the engineer or surveyor notifies the city that the monuments have been set but payment has not been received from the subdivider, the city shall, within three months from the date of the notification, pay to the engineer or surveyor any amounts so due from any deposit or security furnished in guarantee of monuments. (Ord. 2007-08 § 4 (Exh. A (part)), 2007)

16.16.090 Improvement plans.

After the approval by the city council of the tentative map of any subdivision, the subdivider shall enter into a subdivision improvement agreement with the city as set forth in Section 16.16.100 and furnish the following information to the community development director.

A.    A grading plan consisting of cross sections and finished grades of all lots to be graded as a part of the improvement of the subdivision, and of all roads, streets, and highways in the proposed subdivision.

B.    Plan and profile drawing on all streets, including sewer and drainage improvements. Utilities may be shown in plan only. Improvement plan scales shall not be smaller than one inch is equal to forty feet horizontally in plan; one inch is equal to four feet vertical in profile, unless otherwise approved by the community development director.

C.    Estimated costs of improvements to be constructed and estimated cost of conditions of approval of the subdivision.

D.    Any other pertinent information required by the conditional approval of the city council including a soils report on filled areas or areas proposed to be filled; and in all street and alley rights-of-way at intervals not exceeding one thousand feet and/or any change in soil conditions. The soils report and analysis will be in accordance with methods approved by the state of California for “R” values, sieve analysis and sand equivalent. (Ord. 2007-08 § 4 (Exh. A (part)), 2007)

16.16.100 Improvement agreement.

The subdivider shall execute and file with the city council an agreement between him or herself and the city of Marina for construction of improvements in the subdivision required by this chapter and other applicable laws. Said agreement shall provide for the following, in addition to other requirements which may be imposed.

A.    The period within which the subdivider shall complete the improvement work to the satisfaction of the engineering services manager, failing which city may complete the work and recover the cost thereof from the subdivider and his improvement security.

B.    Inspection of all improvement work by the engineering services manager and provision for payment to the city for the cost thereof.

C.    The agreement may also provide for the construction of improvements in units, for extensions of time for performance of the agreement, and for progress payments to the subdivider or his order from cash deposits which the subdivider may have made as improvement security; provided, however, that no such progress payment shall be made for more than ninety percent of the value of any installment of work provided. No progress payments from cash deposits shall be made except upon certification by the engineering services manager that the work covered thereby has been satisfactorily completed, and upon approval and authorization by the city council.

D.    That the subdivider file with the improvement agreement improvement security for the following purposes:

1.    “Improvement security,” as used in this section, means one or more of the following:

a.    A cash deposit or deposits made with the city;

b.    A bond or bonds by one or more duly authorized corporate securities;

c.    An instrument or instruments of credit from one or more financial institutions subject to regulation by the state or federal government pledging that the funds necessary to meet the performance are on deposit and the guarantee for payment and agreeing that the funds designated by the instrument shall become trust funds for the purposes set forth in the instrument.

2.    Improvement security may be released or reduced in the following manner:

a.    Improvement security given for faithful performance of the agreement may be released upon final completion and acceptance of the work; partial release of cash deposit improvement security as the work progresses shall be as established hereinabove.

b.    Improvement security securing the payment to the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials may, six months after the completion and acceptance of the work, be reduced to an amount not less than the total of all claims on which an action has been filed and notice thereof given in writing to the city council, and if there are no actions filed, the improvement security may be released in full. (Ord. 2007-08 § 4 (Exh. A (part)), 2007)

16.16.110 Tax and assessment liens.

Prior to the filing of the final map with the clerk of the city council, the subdivider shall file with the clerk a certification from the officer of the county computing redemptions 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.

A.    As to taxes or special assessments collected as taxes not yet payable, the subdivider shall file with the clerk of the city council a certificate by the county assessor giving his estimate of the amount of taxes and assessments which are a lien but which are not yet payable.

B.    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 subdivider executes and files with the city council a bond to be approved by the city council and by its terms made to inure to the benefit of the city and conditioned upon the payment of all state, county, municipal, and local taxes and all special assessments collected as taxes, which at the time the final 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. 2007-08 § 4 (Exh. A (part)), 2007)

16.16.120 Approval by the city council.

A.    When the certificates of the engineering services manager and all other required certificates, except that of the city council, have been placed on the final map it shall be filed with the city clerk together with accompanying proposed improvement agreements, improvement security, and any other papers and materials required by this chapter.

B.    The city council shall consider the map, the proposed improvement agreement, proposed improvement security, and all accompanying papers and materials. If the city council determines that they conform to the requirements of this chapter and the Subdivision Map Act, and that the conditions of approval of the tentative map are satisfied, it shall:

1.    Approve the Final Map. The city council at this time shall also accept, subject to improvement, or reject any or all offers of dedication; and

2.    Enter into an agreement for construction of improvements in the subdivision.

C.    After approval of the final map by the city council, the city clerk shall execute a certificate thereon stating that the city council approved the map and accepted or rejected, on behalf of the public, parcels of land offered for dedication for public use in conformity with the terms of the offer for dedication. The clerk shall thereupon transmit the final map together with the recording fee, to be paid by the subdivider, to the county recorder.

D.    The subdivider shall present to the county recorder evidence in the form of a title guarantee from a licensed title company that, upon the date of recording, as shown by public records, the parties consenting to the recordation of the map are all the parties having a record title interest in the land being subdivided whose signatures are required by the provisions of this chapter, otherwise the map shall not be recorded. (Ord. 2007-08 § 4 (Exh. A (part)), 2007)