Chapter 6.04
FINAL MAP
Sections:
6.04.030 Certificates, tax bond.
6.04.010 Filing of final map.
A. The subdivider or his agent may file a final map within one year after the approval or conditional approval of the tentative map. In any case where a final map is not filed within one year 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 21 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 limit of error of one in 5,000.
D. The final map shall be accompanied by a report prepared by a duly authorized title company naming the persons whose consents are 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 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. 2014-9 § 3, 10-28-2014)
6.04.020 Form of final map.
A. The final map 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 acknowledgements 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 street, 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 sheets 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. 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 Stanislaus 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 proper ties 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 a 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 center line of a street or alley, adjacent to or in the proposed subdivision, the data 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 this 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 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 center line, 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.
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 purposes, 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.” (Ord. 2014-9 § 3, 10-28-2014)
6.04.030 Certificates, tax bond.
A. The following certificates and acknowledgments 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 appear 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 of California, under patent reserving interest to either or both these entities, may be recorded under the provision of this title without the consent of the United States or the State of California thereto, or to dedication made thereon.
2. 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.
3. Engineer’s Certificate. 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. City Engineer’s Certificate. 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. Certificate for Planning Commission. Certificate for Planning Commission for execution by the Secretary of the Planning Commission.
6. Certificate for City Clerk. Certificate for City Clerk for execution by the City Clerk.
7. Certificate for County Recorder. Certificate for County Recorder for execution by the County Recorder.
8. Certificate of Limited Access. Certificate of limited access to streets of partial width with conditions for permitting access to these part-width streets.
9. Certificate of Tax Collector. 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.
10. 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 11600 of the Business and Professions Code may be filed for the purposes of this subsection.
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 owner or subdivider has filed with the Board of Supervisors of Stanislaus County, the bond required by Section 11601 of the Business and Professions 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. 2014-9 § 3, 10-28-2014)
6.04.040 Action on final map.
The Secretary of the Planning Commission upon receiving the final map from the subdivider or his/her agent, shall examine the name 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. 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. If the map does conform, the Secretary shall certify approval thereon.
A. Approval of the City Engineer. Upon approval by the Secretary of the Planning Commission, the final map and other data shall be submitted to the City Engineer, who shall examine and determine that the subdivision as shown is substantially the same as it appeared on the tentative map and approve that all the provisions of the law and this title applicable at the time of approval of the tentative map have been complied with and that he is satisfied that the map is technically correct. If the City Engineer shall determine that full conformity therewith has been made, he shall so certify on said map, otherwise it shall be immediately returned to the subdivider or his agent for correction.
B. Approval by the City Council, Recordation. At its first regular meeting following the filing of the final map with the City Clerk, the City Council shall consider said map, the plan of subdivision and the offers of dedications. The Council may reject any or all offers of dedications. In the event that all improvements required or conditions imposed upon approval under the terms of this title or by law are not completed before the filing of the final map, the City Council may enter into an agreement with the subdivider for posting a bond or cash deposit to guarantee the making and completion of such improvements. In such cases, when the agreement and bond or deposits have been approved by the City Attorney as to form, and by the City Engineer as to sufficiency, the City Council may consider the final map.
1. The Council shall approve said map if it is determined to be in conformity to the requirements of this title. The Council shall disapprove said map if it is determined to be not in conformity to this title and shall advise the subdivider of its disapproval, and the reason or reasons therefor. Within 30 days the subdivider may file with the City Engineer a map altered to conform to the requirements of the City Council.
2. The City Clerk, upon the approval of the final map, the receipt of the required fees, and after the signatures and seals have been affixed, shall transmit or release the map to the County Recorder for recording. No map shall have any force or effect and no title to any property described in any offer of dedication shall pass until the recordation is complete.
3. After said map has been recorded, the subdivider shall file a certified copy thereof with the City Clerk.
C. Agreement for Improvements. Prior to the approval of the 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 to 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 work and recover full cost and expense thereof from the subdivider. Such agreement may also provide for construction of improvements in units, the extension of time under conditions specified, progress payment from deposit or bond.
D. Bond. The subdivider shall also file with the aforesaid agreement, to insure his full and faithful performance thereof, a bond in an amount deemed sufficient by the City Engineer, to cover the cost of said improvements, engineering, inspection and incidental expenses. Such bond shall be executed by a surety company authorized to transact a surety business in the State of California and must be satisfactory to and be approved by the City Attorney as to form. In lieu of said bond the subdivider may deposit with the City a sum of money in an amount fixed as aforesaid by the City Engineer.
1. In the event the subdivider shall fail to complete all improvement work in accordance with the provisions of this title, and the City shall have to complete same or if the subdivider shall fail to reimburse the City for the cost of inspection, engineering, and general expenses, the City shall call on the surety for reimbursement, or shall appropriate, from any cash deposits, funds for reimbursement. If the amount of surety bond or cash deposit shall exceed all cost and expense incurred by the City, it shall release the remainder of such bond or cash deposit and should such bond or deposit be less than the cost and expense incurred by the City, the subdivider shall be liable to the City for such difference.
2. No extension of time, progress payments from cash deposits or release of 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 Council. (Ord. 2014-9 § 3, 10-28-2014; Ord. 77-19, 5-24-1977)