Chapter 16.04


16.04.010    Time for filing final map.

16.04.020    Extension of time for filing final map.

16.04.030    Time for recording final map.

16.04.040    Effect of failure to file or record final map.

16.04.050    Filing of proposed final map with clerk – Filing fee.

16.04.060    Form of final map.

16.04.070    Title sheet.

16.04.080    Information on final map.

16.04.090    Surveys and monuments.

16.04.100    Certificate and acknowledgments on final map.

16.04.110    Processing by city.

16.04.120    Action on final map by council.

16.04.130    Improvement security.

16.04.140    Reversion to acreage.

16.04.150    Subdivisions prior to annexation.

16.04.010 Time for filing final map.

A. The final map shall be filed with the clerk within 18 months after the date of approval of the tentative map.

B. The date of approval of the tentative map shall be deemed to be the date of adoption of the resolution of the council declaring approval or conditional approval of the tentative map; provided, that if the council shall fail to act on the tentative map and the approval thereof is certified by the clerk, the date of such approval shall be deemed to be upon the last day of the maximum period of time as would be allowed for action by the council as provided in this subdivision code. The date of such approval of the tentative map shall be certified by the clerk on the face of the tentative map.

C. The final map shall conform to the tentative map as approved and the survey of the subdivision, and shall comply with the provisions of the Map Act and this subdivision code. (Ord. 346, 1975).

16.04.020 Extension of time for filing final map.

A. The council may, for good cause shown, upon written application of the subdivider, grant extensions of time within which to file the final map with the clerk as specified in HMC 16.02.090.

B. Such application shall be filed with the clerk not later than 30 days prior to expiration of the period within which the final map was required to be filed under HMC 16.04.010.

C. The standards and specifications for improvements in effect at the date of approval of the tentative map, or any time extension thereof, whichever is later, shall control with respect to all improvements to be made after such date. (Ord. 346, 1975).

16.04.030 Time for recording final map.

The final map shall be recorded within three months from the date of approval thereof by the council. (Ord. 346, 1975).

16.04.040 Effect of failure to file or record final map.

Any failure to file the final map with the clerk within the time required by HMC 16.04.010 or any extension granted under HMC 16.04.020 or any failure to record the final map within the time required by HMC 16.04.030 shall terminate all proceedings, in which case before a final map of the subdivision or any part thereof may be filed or recorded, as the case may be, a new tentative map shall be filed with the clerk which shall be subject to all of the fees, proceedings, and standards and specifications for improvements as may be in effect at the time of filing the new tentative map. (Ord. 346, 1975).

16.04.050 Filing of proposed final map with clerk – Filing fee.

A. The subdivider shall file the proposed final map with the clerk and shall pay a filing fee as may be established from time to time by resolution of the city council.

B. The proposed final map so filed shall be in the form hereafter mentioned, and shall be accompanied by four complete sets of black and white prints of the final map.

C. The clerk shall promptly transmit the original tracing and two sets of the prints to the commission. (Ord. 346, 1975).

16.04.060 Form of final map.

The final map shall conform to all of the following provisions:

A. It shall be clearly and legibly drawn, printed or reproduced by process guaranteeing permanent record in black on tracing cloth or by polyester base film (provided that if ink is used on polyester base film, ink surface shall be coated with substance to assure permanent legibility), including certificates, affidavits and acknowledgments; provided, that such certificates and acknowledgements may also be legibly stamped upon the map with opaque ink.

B. The size of each sheet shall be 18 inches by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entire blank margin of one inch.

C. The scale of the map shall be one inch equals 100 feet or a decimal fraction or a multiple of 100 feet.

D. Each sheet shall be numbered, the relation of one sheet to another clearly shown, and the total number of sheets shall be set forth on each sheet.

E. The exterior boundary of the land included within the subdivision shall be indicated by a blue border.

F. The tract number, scale and north point shall be shown on each sheet.

G. The map shall show the definite location of the original parcel, or parcels, and particularly its relation to surrounding surveys. (Ord. 346, 1975).

16.04.070 Title sheet.

A. The tract number or tract name shall comprise the title.

B. Below the title shall be set out a general description of all the property being subdivided, by reference to subdivisions or to sectional surveys, or both.

C. References to subdivisions shall be worded identically with original records, with references to the books and pages of official records if such subdivisions are recorded.

D. Affidavits, certificates, acknowledgments, endorsements, acceptances of dedications and notarial seals required by law and by this code shall appear on the title sheet.

E. The title sheet shall show the basis of bearings.

F. A kep map showing the proposed subdivision, and surrounding subdivisions, city boundaries, and streets within one-eighth of a mile radius of the boundaries of the proposed subdivision is required.

G. The information mentioned in this section may be shown on the same sheet as the final map; provided, that such does not interfere with clear exposition of the final map or such information. (Ord. 346, 1975).

16.04.080 Information on final map.

The final map shall also show:

A. The tract name or tract number as set forth on the tentative map as approved;

B. Date of preparation;

C. North point;

D. Scale;

E. The locations and names of streets and centerlines thereof; the lengths, tangents, radii and central angles and radial bearings of curves; the total widths of each street and the width on each side of the centerline; the width of the portion of the street being dedicated and the width of the existing dedication, if any;

F. The location and widths of alleys and pedestrian ways, if any;

G. Locations and widths of all streets, alleys and pedestrian ways, and names of streets abutting or intersecting the boundary of the subdivision;

H. All easements to which any part of the subdivided property is subject shall be shown, including centerlines, widths and sidelines, clearly labeled and identified, and if of record, precise reference to the record shall be made, and the date on which the easement was created shall be shown. If the easement is not definitely located, a description thereof shall be shown on the title sheet;

I. All right-of-way easements which are proposed to be dedicated shall be shown, including centerlines, width and sidelines, and clearly labeled as such, and shall be referred to in the certificate of dedication;

J. Locations and widths of ditches and drainage channels, with right-of-way lines, if any;

K. Right-of-way lines and widths of utility easements and railroads;

L. Limitations on rights of access between streets and lots and other parcels of land;

M. Locations and widths of reserve strips, or areas subject to waiver of access rights, and the terms and conditions attached thereto;

N. Locations of city boundary lines which pass through, or are contiguous to, the subdivision;

O. The net dimensions of each lot, and sufficient data to determine readily the bearing and length of each lot line. (No ditto marks shall be used.) On lots containing one acre or more, the final map shall also show net acreage to the nearest one-tenth of an acre;

P. All dimensions shall be shown in feet and decimals of a foot;

Q. All lots shall be numbered consecutively, commencing with the number one, with no omissions or duplications;

R. The following surveying data:

1. The radius, tangent, arc and central angle of curves;

2. Suitable primary survey control points, including section corners and monuments existing outside of the proposed subdivision;

3. The location of all permanent monuments within the proposed subdivision;

4. Ties to and names of contiguous subdivisions;

5. Ties to any city or county boundary lines lying within one-eighth of a mile of any boundary of the subdivision;

S. When a soil 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. (Ord. 346, 1975).

16.04.090 Surveys and monuments.

A. A complete and accurate survey of the land to be subdivided shall be made by a registered civil engineer or a licensed surveyor, in accordance with standards, practices and principles of land surveying. All monuments shall be set and marked or tagged according to the provisions of Sections 8771 and 8772 of the Business and Professions Code.

B. The final map shall show clearly all stakes, monuments or other evidence found on the ground which were used as ties to determine the boundaries of the tract. The corners of the adjoining subdivisions or portions thereof shall be identified and ties shown.

C. In making the survey for the subdivision, the surveyor shall set sufficient, permanent monuments so that the survey or any part thereof may be readily retraced. Such monuments shall generally be placed at the angle points on the exterior boundary lines of the tract, at the intersections of centerlines of streets and at the beginnings and ends of curves on the centerlines of streets. Monuments may be placed on offset lines. All monuments shall be set not less than eight inches below finished grade and shall be of concrete six inches in diameter and 12 inches long, or of capped iron pipe two inches in diameter and 24 inches long. Lot stakes shall be set flush to finished grade and shall be of redwood, two inches square and 12 inches long, or of iron pipe or rod, one-half inch in diameter and 18 inches long. The type and positions of all monuments shall be noted on the final map.

D. All monuments and lot stakes shall be set prior to filing of the final map with the council for approval, except as provided in subsection E of this section. All or any of the monuments or lot stakes may be set concurrently with or prior to the installation of improvements, subject to the following conditions:

1. The certificate of the engineer or surveyor on the final map shall certify that the monuments and lot stakes will be set on or before a specified date (but not later than installation of improvements) in the positions indicated on the final map.

2. The subdivider shall furnish to the council a bond or cash deposit, in an amount equal to the estimated cost of setting such monuments and lot stakes, guaranteeing payment of the cost thereof, but not in excess of the amount of the bond or deposit. Such bond or deposit shall be in an amount determined by the city engineer with the approval of the council, and the form of any such bond shall be determined by the city attorney.

3. Within five days after the setting of final monuments and lot stakes has been completed by the engineer or surveyor, he shall give notice to the subdivider and to the engineer. Upon payment to the engineer or surveyor for setting the final monuments and lot stakes, the subdivider shall present to the council evidence of such payment and receipt thereof by the engineer or surveyor, together with a request that his bond be released or that his cash deposit be returned, in which case said bond shall be released or said cash deposit returned to the depositor.

4. In lieu of the procedure set out in subsection (D)(3) of this section, as it involves a cash deposit, the council may pay the engineer or surveyor for the setting of the final monuments and lot stakes from said cash deposit, if so requested by the depositor, and upon presentation to the council of evidence of payment of such setting and receipt thereof the balance of such cash deposit shall be returned to the depositor.

5. If the subdivider does not present evidence to the council that he has paid the engineer or surveyor for the setting of the final monuments and lot stakes, and if the engineer or surveyor has completed the setting and notifies the council that he has not been paid by the subdivider for the setting of the final monuments, the council shall within three months from the date of such notification pay to the engineer or surveyor the amount of the bond or cash deposit, but any excess over and above the amount of his just claim shall be returned to the depositor or surety.

6. If the setting is not completed on or before the date so specified in said certificate, the council may order the work done by the city engineer, or order the work to be done by any civil engineer or licensed surveyor, in which case the city shall be entitled to bring action on the bond or cause the cash deposit to be forfeited, to the extent of the reasonable value of the work so done.

7. In those cases where improvements are permitted to be installed from time to time in portions of the subdivision, as provided in HMC 16.04.120(C), the monuments or lot stakes shall be set in such portions at the time of improvement thereof or on or before the date specified in the certificate, whichever is sooner.

8. The final map shall be accompanied by a statement by the subdivider showing the type of monuments and lot stakes that will be used.

E. Any monument or lot stake required by this code shall be reset at the expense of the subdivider, if disturbed or destroyed prior to acceptance of improvements in the portion of the subdivision where set.

F. The traverse of the exterior boundaries of a proposed subdivision and of each block and each lot shall close within a limit of error of one foot to each 7,500 feet of perimeter. (Ord. 346, 1975).

16.04.100 Certificate and acknowledgments on final map.

The following certificates and acknowledgments shall appear on the final map:

A. A certificate consenting to the preparation and recordation of the final map, signed and acknowledged by all parties having any record title interest in the land subdivided;

B. In the event of dedications, a certificate offering specified parcels of land for dedication for specified public uses, including streets, alleys, pedestrian ways, and other rights-of-way, subject to such reservations as may be contained in such offer, signed and acknowledged by those parties having any record title interest in the land subdivided. Any or all parcels of land shown on the final map and intended for any public use shall be offered for dedication for public use, except those parcels which are intended for the exclusive use of lot owners in the subdivision, their licensees, visitors, tenants and servants, and which shall be clearly labeled to that effect on the final map. The certificate may state that any certain parcel or parcels are not offered for dedication. In the event the streets or any of them are not offered for dedication, the certificate shall contain a statement to such effect, and such streets shall be clearly labeled to such effect on the map;

C. In event of waiver of direct access rights to any street or highway, a certificate waiving such rights, signed and acknowledged by those parties having any record title interest in the land subdivided;

D. No signatures shall be required of any person mentioned, and under the circumstances specified, in Section 66436 of the Map Act, in connection with the aforementioned certificates;

E. The certificates for the city clerk, county clerk, and the county recorder, and the certificates of the engineer or surveyor and of the city engineer, as required by the Map Act;

F. Form for the certificates mentioned in this section shall be as provided by the city clerk. (Ord. 346, 1975).

16.04.110 Processing by city.

A. One copy of a dark line print shall be filed permanently with the city engineer. One copy shall be transmitted to the city engineer for checking and report to the city council.

B. After receiving copies of the final map, the city engineer shall examine or have examined the map as to sufficiency of affidavits and acknowledgments, correctness of surveying data, mathematical data and computations and such other matters as require checking to insure compliance with the provisions of the State Subdivision Map Act and this chapter.

C. One copy shall be returned to the subdivider after showing thereon corrections, if any, or a statement by the city engineer that the map is correct. When the map is found to be correct, the final map tracing shall be certified by the city engineer and transmitted to the city council.

D. The subdivider shall submit to the city clerk all materials necessary for final approval of the subdivision map including, but not limited to, all bonds, agreements and fees, etc. Upon such admission, the city clerk shall have the city engineer examine all said materials and, if they are in order, the map shall be forwarded to the city council who shall act thereupon. If the city council approves such map, the city clerk shall attest such map on behalf of the city council. (Ord. 346, 1975).

16.04.120 Action on final map by council.

A. Time for Filing Final Map. The final map may be filed with the council for approval when all the certificates required on the final map have been signed (and, where necessary, acknowledged), excepting the certificates of the city clerk, county clerk and the county recorder.

B. Time for Consideration of Final Map. The council shall consider the final map at its next meeting after such filing, or within a period of not more than 10 days after such filing, whichever is later.

C. Acceptance of Dedications – Improvement Requirements. At the time of consideration of the final map, the council shall accept or reject any or all offers of dedication shown and certified on the map, and shall, as a condition precedent to acceptance of dedication of any street or easement, require that the subdivider, at his option, either improve or agree to improve the streets or easements so accepted and shall make or agree to make the improvements relating to the subdivision as may be required under the provisions of this code, in accordance with the standards established by such subdivision ordinance of the city as was applicable at the time of approval of the tentative map by the council, and such improvement or agreement to improve shall be a condition to approval of such final map by the council.

D. Approval of Final Map by Council. The council shall approve such final map within the time hereinabove required for its consideration, if it conforms to all of the requirements of:

1. The Map Act;

2. Any subdivision ordinance applicable at the time of approval of the tentative map;

3. Any rulings made under the said Map Act or subdivision ordinance; and

4. Any ordinance of the city, other than a subdivision; and

if there has been delivered to the clerk the duly executed and approved agreement, bond or cash deposit or instrument of credit, mentioned in this section, and all necessary fees have been paid.

E. Improvement Securities. In event of an agreement for improvement of the streets and easements being entered into as herein provided, the council shall require the same to be secured by improvement security as mentioned in Chapter 5 of the Map Act. The improvement security for faithful performance shall be 100 percent and the improvement security, securing payment to contractors, etc., shall be 50 percent of the total estimated cost of the improvement as determined by the city engineer.

F. Form of Agreements, Improvement Security, Etc. The form of any agreement for improvement, improvement security, escrow instruction or deed mentioned in this subdivision code or in Chapter 5 of the Map Act shall be subject to approval by the city attorney.

G. Extension of Time Limit – Effect of Failure of Council to Act. The time limit for the approval of the final map may be extended by mutual consent of the subdivider and the council. If no action is taken within such time limit or within the time to which it has been extended by such mutual consent, the map, if it conforms to all the requirements above set forth, shall be deemed to be approved and it shall be the duty of the clerk thereupon to certify such approval on such map; provided, that such approval shall not be deemed to constitute an acceptance of dedication of any street or easement on such map by the city.

H. Procedure after Approval. Upon approval of the final map by the council, and upon filing with the clerk of all agreements and security mentioned in subsection E of this section, the clerk shall certify the fact of such approval and of acceptance or rejection on behalf of the public of any parcels of land offered for dedication for public use in conformity with the terms of the offer of dedication, and shall transmit the map to the clerk of the county board of supervisors for action under the provisions of Chapter 3, Article 6 of the Map Act, and other provisions thereof. (Ord. 346, 1975).

16.04.130 Improvement security.

A. Improvement Security – Required. Any improvement agreement, contract or act required or authorized by the Subdivision Map Act, for which security is required, shall be secured in the manner provided for in Section 66499 of the Subdivision Map Act.

B. Improvement Security – Amount. The improvement security shall be in the amount set forth or authorized in Section 66499.3 of the Subdivision Map Act. If the improvement security is other than a bond or bonds furnished by duly authorized corporate surety, an additional amount shall be included as determined by the city council as necessary to cover the cost and reasonable expenses and fees, including reasonable attorney’s fees, which may be incurred by the city in successfully enforcing the obligation secured.

The improvement security shall also secure the faithful performance of any changes or alterations in the work to the extent that such changes or alterations do not exceed 10 percent of the original estimated cost of the improvement.

C. Improvement Security – Special Assessment Proceeding Reduction. In the event the required subdivision improvements are financed and installed pursuant to special assessment proceedings, the subdivider may apply to the city council for a reduction in the amount of the improvement security required hereunder up to an amount corresponding to the amount of faithful performance and labor and material bonds required by the special assessment act being used. The city council may grant such reduction if it finds that such bonds have been in fact provided and that the obligations secured thereby are substantially equivalent to that required by this title.

D. Improvement Security – Release. The improvement security required hereunder shall be released in the following manner:

1. Security given for faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work subject to the provisions of subsection (D)(2) of this section.

2. Security given to secure payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment may, six months after the completion and acceptance of the act or work, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the legislative body, plus an amount reasonably determined by the city council (director of public works/city engineer or other designee) to be required to assure the performance of any other obligations secured thereby. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

3. No security given for the guaranty or warranty of work shall be released until the expiration of the period thereof. (Ord. 346, 1975).

16.04.140 Reversion to acreage.

Previously subdivided land may be reverted to acreage in accordance with the procedures contained in Chapter 6, Article 1 of the Subdivision Map Act. Proceedings for reversion may be initiated by the city council or by petition of all of the owners of record of the real property within the subdivision. Dedications as are required for subdivisions may be required. (Ord. 346, 1975).

16.04.150 Subdivisions prior to annexation.

All plats of property situated outside the corporate limits which require action by the commission and the director of environmental services prior to annexation shall comply with the foregoing regulations insofar as applicable, subject to the limitations of Section 66454 of the Subdivision Map Act of the state. (Ord. 346, 1975).