Chapter 17.20
FINAL MAP
Sections:
17.20.020 Survey practice and procedure.
17.20.040 Parcel map compiled from record data.
17.20.050 Preparation requirements.
17.20.070 Taxes and assessments (subdivisions only).
17.20.010 Generally.
After approval of a tentative map by the planning commission and, prior to the expiration of the approved tentative map or any approved extension of time as provided by this title, the land divider shall cause a final map to be prepared by a registered civil engineer or a licensed land surveyor in accordance with a complete survey of the division of land and in substantial compliance with the approved tentative map and the conditions of approval thereof, and with the provisions of the Subdivision Map Act and this title. The requirement for a survey of the division of land shall be waived if the approved tentative map complies with the following conditions:
(a) The division of land shall not result in more than two lots;
(b) Each of the two lots resulting from the division of land shall front on an existing city street;
(c) Each of the two lots resulting from the division of land shall be of such size, width and depth that a subsequent division of either of said lots could not result in additional conforming lots. (Ord. 291 Sec. 2, 1974: Ord. 233 Sec. 5.1, 1972)
17.20.015 Parcel map waiver.
A final parcel map may be waived in certain instances by the legislative body. The decision to waive the filing of a final parcel map shall be made by the legislative body during the approval of the tentative parcel map. To waive the final parcel map, the legislative body must find that the proposed division of land complies with requirements as to lot area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this section. The instances where a final parcel map may be waived are as follows:
(1) Subdivisions of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code, which are created by short-term leases (terminable by either party on not more than thirty days notice in writing);
(2) Land conveyed 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 right- of -way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates such a parcel map;
(3) 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;
(4) 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;
(5) 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: or
(6) 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. (Ord. 524 Sec. 3, 1984)
17.20.020 Survey practice and procedure.
The practice and procedure for all survey work done for the preparation of a final map of a land division shall conform to the accepted standards of the surveying and engineering profession. The allowable error of closure on any portion of a final map shall be one in ten thousand.
Wherever the city has established the centerline of a street, alley, or way, that data shall be considered in making the surveys and in preparing the final map and all monuments found shall be indicated and proper reference made to field books or maps of public record, relating to the monuments. If the points were reset by ties, that fact shall be stated. (Ord. 233 Sec. 5.2, 1972)
17.20.030 Boundary map.
Before the final map of land division will be accepted by the city engineer for checking, the land divider shall submit and obtain approval by the city engineer of a boundary map showing the following information:
(1) A boundary survey of the land division, including all courses and distances necessary to compute a closure. A copy of the boundary traverse calculations shall also be furnished;
(2) Sufficient data to prove the method by which the boundary was determined, including a description of all corners found or set, adjoining maps or property lines and records;
(3) The administration of this section shall be by policy of the city engineer. (Ord. 233 Sec. 5.3, 1972)
17.20.040 Parcel map compiled from record data.
In the case where a minor land division creates four or less parcels, the parcel map may be compiled from recorded or filed data when survey information exists on filed maps to sufficiently locate and retract the exterior boundary lines of the parcel map and when the location of at least one of these boundary lines can be established from an existing monumented line. (Ord. 233 Sec. 5.4, 1972)
17.20.050 Preparation requirements.
The final map shall be prepared in accordance with the following requirements and shall contain the following information:
(1) The final map shall be clearly and legibly drawn with black waterproof India ink, or reproduced by a process guaranteeing a permanent record in black on tracing cloth, or polyester base film including affidavits, certificates and acknowledgements;
(2) The size of each sheet shall be eighteen by twenty-six inches. A marginal line shall be drawn completely around each sheet leaving an entirely blank margin of one inch;
(3) The scale of the map shall be large enough to show all details clearly but in no case at an engineer’s scale where one inch equals more than two hundred feet, unless otherwise approved by the city engineer. One sheet or as many sheets as are necessary to accomplish this shall be used;
(4) If two or more map sheets are used, an index map showing the entire subdivision shall be prepared. The index map, to be placed on the title sheet or the sheet immediately following the title sheet and shall show the general plan of the subdivision and the portions thereof shown on each sheet shall be drawn to a scale of one inch equals five hundred feet or to a scale as approved by the city engineer;
(5) If more than one sheet is required, each sheet shall be numbered, the relation to the others clearly shown, and the number of sheets used shall be set forth on each sheet;
(6) The north point and scale shall be shown on each sheet of the final map. Each such sheet and the lettering thereon shall be so oriented that with the north point directed away from the reader, the map may be read most conveniently from the bottom or lower right corner of such sheet;
(7) Each sheet shall bear the final map number as assigned by the county surveyor which shall be followed by a sub title consisting of a general description of all the property being divided;
(8) Maps filed for the purpose of reverting subdivided land to acreage shall be conspicuously marked under the number, “The Purpose of This Map is a Reversion to Acreage of ___________.”;
(9) A statement labeled “map notes” shall be shown on the title sheet and the first map sheet of the final map. Such statement shall include the basis of bearings, description of the monuments found, a description of the monuments set, a key to symbols and abbreviations, name of engineer that prepared preliminary soils report and date, and such other information deemed by the city engineer to be necessary;
(10) A tract name shall not be shown on the final map;
(11) The boundary line of a land division shall be indicated by a border of light blue ink approximately one-eighth of an inch wide applied at the reverse side of the tracing and inside the boundary lines. Such ink shall be of such density as to transfer to a blue line print of the map and not to obliterate any line, figures, or other data appearing on the map. The border of the map shall be shown along the centerline of any street or highway adjacent to the land division;
(12) Dates of survey and preparation of map;
(13) Locations and names, without abbreviations, of all proposed streets and alleys; proposed public areas and easements; and all existing adjoining streets. Streets shown on the final map shall be named as approved by the planning director. Where only a part-width of a street is being shown or dedicated, the centerline shall be shown correctly related to the full future width of the street and shall be so marked;
(14) The final map shall show the centerline of each highway, street, easement or pedestrian/ equestrian trail, the total width thereof, the width on each side of the centerline thereof, the width of existing dedication, and for a subdivision, the width of that portion to be dedicated. The widths of rights-of-way of railroads, flood control or drainage channels and other easements within or adjacent to the land division shall also be shown. On each such centerline and sideline shall be shown the bearing and length of each tangent and the radius, central angle, and length of each curve;
(15) The bearing and length of each lot line, block line and boundary line shall be shown on the final map. Each required bearing and distance shall be shown in full and ditto marks or other designation of repetitions shall not be used;
(16) The final map shall show the length, radius, and total central angle for each curve and the length, and central angle of each segment within each lot. The bearing of each radial line to each lot corner of each curve shall also be shown;
(17) The final map shall show the centerline data, width and sidelines data for all easements to which the land division is subject. Distances and bearings on the lot lines which are cut by an easement shall be so shown as to indicate clearly the actual lengths of the lot lines and that portion of the easement which is within each lot. Any easements which are not definitely located of record shall be so indicated by a statement on the final map. In the case of a subdivision, the statement shall appear on the title sheet of the tract map. The easement shall be clearly labeled and identified, and proper reference to the recording data shall be shown. Any easement being dedicated in a subdivision shall be so stipulated in the owner’s certificate on the title sheet. Easements shall be shown on the final map by broken lines;
(18) Lots shall be numbered consecutively, commencing with the number “1” with no omissions or duplications. Each lot shall be shown in its entirety on one sheet;
(19) Lots containing one acre or more shall show net area to the nearest one hundredths acre. Lots less than an acre shall show net area in square feet to the nearest square foot;
(20) No setback lines shall appear on the final map, but a note shall be placed thereon stating that the setback lines shall conform to the existing zoning;
(21) If any portion of the land within the boundaries shown on any final map is subject to a dangerous condition by reason of geological conditions, unstable subsurface conditions, groundwater or seepage conditions, flood hazard, inundation or any other dangerous conditions, such fact and an identification of the affected portion shall be clearly shown on the final map by a prominent note on each sheet of the map whereon any such portion is shown;
(22) All monuments, stakes or other evidence as were found in the ground shall be clearly shown on the final map together with sufficient corners of adjoining land divisions by lot and tract number and place of record, or by section, township and range or other proper legal description as may be necessary to locate precisely the limits of the land division. References used and bearings and distances shown, unless otherwise indicated, shall be prima facie evidence that same references, bearings, and distances were actually used and measured;
(23) The precise position and character of each monument set or that will be set subsequent to the recordation of the final map shall be shown on the final map together with the approximate elevation of each such monument with respect to the surface of the ground;
(24) Any city or county boundary line adjoining the land division shall be clearly designated and tied in upon the final map. (Ord. 233 Sec. 5.5, 1972)
17.20.060 Title sheet.
(a) The title sheet of a final map shall be on the first sheet and shall contain the following:
(1) A title consisting of the tract number and a subtitle consisting of a description of all property being subdivided by reference to such map or maps, and the appropriate recording data, of the property shown thereon as shall have been previously recorded or by reference to the plat of an United States Survey;
(2) The sheet number of the title sheet and the total number of sheets;
(3) The map notes including basis of bearings, a description of the monuments found, a description of the monuments set, a key to symbols and abbreviations, name of engineer that prepared the preliminary soils report, and data and such other information deemed by the city engineer to be necessary;
(4) The certificates and acknowledgements in a form acceptable to the city engineer:
(A) Owner’s certificate,
(B) Notary acknowledgement,
(C) Engineer’s or surveyor’s certificate that prepared the map,
(D) City engineer’s certificate of approval,
(E) City planning commission certificate of approval,
(F) City clerk’s certificate of approval by the city council,
(G) County tax collector’s certificate,
(H) County board of supervisor’s certificate (required when taxes and assessments are a lien and not yet payable),
(I) Such other affidavits, certificates, acknowledgements, endorsements, as are required by provisions of the Subdivision Map Act and this title.
(b) The title sheet of a parcel map shall be on the first sheet and shall contain the following:
(1) A title consisting of the parcel number and a subtitle consisting of a description of the property being divided by reference to such map or maps, and the appropriate recording data, of the property shown thereon as shall have been previously recorded or by reference to the plat of the United States Survey;
(2) The sheet number of the title sheet and the total number of sheets;
(3) The map notes including basis of bearings, a description of the monuments set, a key to the symbols and abbreviations, and such other information deemed by the city engineer to be necessary;
(4) The certificates in a form acceptable to the city engineer:
(A) Engineer’s or surveyor’s certificate that prepared the map,
(B) City engineer’s certificate of approval,
(C) Such other certificates, affidavits, acknowledgements, and endorsements as are required by the provisions of the Subdivision Map Act and this title. (Ord. 233 Sec. 5.6, 1972)
17.20.070 Taxes and assessments (subdivisions only).
Prior to the filing of the tract map with the city council, the subdivider shall obtain the necessary certificates from the county tax collector and the county board of supervisors as required by the Subdivision Map Act and this title:
(1) When taxes are payable (November 1st through March 1st). The subdivider shall file with the county tax collector and obtain a certificate in a form acceptable to the city manager stating that there are no liens against the subdivision for unpaid taxes or assessments collected as taxes;
(2) When taxes are not yet payable (March 1st through November 1st):
(A) The subdivider shall file with the county tax collector and obtain a certificate in a form acceptable to the city manager stating that there are no liens against the subdivision for unpaid taxes or assessments collected as taxes except those not yet payable. An estimate of the amount of taxes and assessments which are a lien and not yet payable shall be obtained and shown on the certificate,
(B) The subdivider shall file with the county board of supervisors a bond or other security acceptable to the board to insure the payment of the taxes and assessments which are a lien and not yet payable. A certificate in a form acceptable to the city manager shall be obtained from the clerk of the board of supervisors that the required bond has been deposited with and accepted by the board of supervisors. (Ord. 233 Sec. 5.7, 1972)
17.20.080 Monuments.
Monuments for subdivisions and minor land divisions set as required herein shall be permanently marked or tagged with the registration or license number of the engineer or surveyor under whose supervision the survey was made. All monuments are to be set after completion of all improvements:
(1) Boundary monuments. Durable monuments of not less than a two-inch iron pipe at least eighteen inches long found or set at or near each boundary corner and at intermediate points, approximately one thousand feet apart, or at such lesser distances as may be made necessary by topography or culture to insure accuracy in reestablishment of any point or line without unreasonable difficulty;
(2) Lot monuments. All lot corners shall be monumented with not less than a three-quarter inch iron pipe at least eighteen inches or by offset monuments as approved by the city engineer;
(3) Centerline line monuments:
(A) Monuments shall be set to mark the intersections of all streets, highways, alleys, and pedestrian/equestrian trails, and also to mark the intersection of the same with the boundary of the land division. Street centerline monuments shall also be set to mark either the beginning and the end of curves or the points of intersection of tangents thereof,
(B) Such centerline monuments shall be of not less than three-quarter inch iron pipe at least eighteen inches long and set flush with finished grade,
(C) Four chisel marks in the rim of a manhole is an acceptable monument when properly referenced with four PK’s on line set four feet apart;
(4) Monument tie notes. For each centerline intersection set, the engineer or surveyor under whose supervision the survey has been made shall furnish to the city engineer a reproducible set of notes on eight and one-half inch by eleven inch sheets showing clearly the ties between each monument set and a sufficient number, no less than four, of durable distinctive reference points of monuments. Such reference points may be lead and tacks, PK’s or three-quarter inch iron pipe not less than eighteen inches long in which is secured a tag bearing the surveyor’s or engineer’s registration number, or such substitute therefor which will not likely be disturbed, and is approved by the city engineer;
(5) Deferred monuments. In the event any or all of the required monuments are to be set subsequent to the recordation of the final map, the monuments shall be set at a specified later date shown in the engineer’s or surveyor’s certificate in accordance with Section 66495 of the Subdivision Map Act. The subdivider shall agree that such monuments will be set and the required tie notes thereto will be furnished to the city. Such agreement shall be included and guaranteed in the “agreement in lieu of improvements” and accompanied by a bond as provided by this title (Ord. 783, Sec. 30, 2001);
(6) All monuments shall be subject to inspection and approval by the city engineer. (Ord. 233 Sec. 5.8, 1972)
17.20.090 Dedications.
(a) All streets, highways, alleys, easements, and other parcels of land shown on the final map and intended for public use shall be offered for dedication for public use. Such dedications shall be free of all and any encumbrances incurred subsequent to the date of filing of the tentative map.
(b) Wherever a limited access highway, as so declared by the State Highway Commission or as shown on the master plan of highways, or a dead-end street or part-width street, adjoins or passes through a division of land, access rights to the highway may be required to be offered for dedication to the city. In such event, the note “non-access rights” shall be shown along the highway right-of-way and the access rights thereto shall be offered for dedication:
(1) All required dedications for subdivisions shall be made to the city by the owner’s certificate on the title page of the tract map in accordance with the provisions of the Subdivision Map Act and this title;
(2) All required dedications for minor land divisions shall be offered for dedication to the city by separate instrument. The offer shall be properly executed by all parties having a record interest therein, as shown by the current preliminary title report. The offer shall be on a form approved by the city attorney; be in such terms as to be binding on the owner, his heirs, assigns, or successors in interest; and shall continue until the city council accepts, conditionally accepts, or rejects it. The offer shall provide that the dedication will be complete upon acceptance of the dedication and improvements by the city council.
For a dead-end or part-width street, the offer of dedication shall include an agreement as a covenant running with the land that upon recordation of the dedication, a one-foot wide portion of the property included within the dedication and abutting the adjoining property shall not be used for access thereto. This agreement shall, by its own terms, become null and void upon the completion of the dedication of the additional land needed for street purposes from the adjoining property. (Ord. 233 Sec. 5.9, 1972)
17.20.100 Supplementary data.
A sufficient number of prints of the final map as determined by the planning director to furnish the several interested city departments and public agencies with a copy for checking and filing purposes shall be filed for checking in the office of the planning director and shall be accompanied by the following:
(1) A copy of the protective covenants to be recorded. The covenants shall provide for the raising and expenditure of funds necessary for the maintenance of any private streets shown on the map. The covenants shall also provide for the enforcement of yard and private land use regulations proposed to be established and for their amendment;
(2) Written statements from each of the serving utility companies that they have examined the final map and are satisfied with the utility easements as delineated on the final map;
(3) A current certificate of title, title report, or a policy of title insurance issued by a title company authorized by the laws of the state of California to write the same showing the names of all persons having any record title interest in the land to be divided, together with the nature of their respective interests therein;
(4) The land divider shall file with the city engineer a preliminary soil report, prepared by a registered civil engineer based upon adequate test borings or excavations. If the preliminary soil report indicates the presence of critically expansive soils or other soil problems, the soil report shall recommend corrective action to be taken for each lot with such problems which will likely prevent structural damage to each building proposed to be constructed:
(A) The soil report shall be approved by the city engineer and the recommendations contained therein shall be incorporated in the construction of each building as a condition of the building permit for each lot containing such soil problems,
(B) The preliminary soil report may be waived by the city engineer if he determines that, due to the knowledge of the soil conditions in the area of the land division, no preliminary soil analysis is necessary;
(5) A copy of the traverse closure for the land division boundary, street centerline, and each lot shall be submitted for review and approval. The net area for each lot shall also be submitted for review and approval. (Ord. 233 Sec. 5.l0, 1972)
17.20.110 Checking fees.
The land divider shall pay a final map checking fee to the city at the time the final map is first submitted to the city engineer for the checking and processing of the final map. The checking fee shall be for the amount as shown on a schedule established by resolution of the city council and shall be non-refundable. (Ord. 233 Sec. 5.11, 1972)
17.20.120 Checking.
The final map and other required material shall be examined by the city engineer as to sufficiency of affidavits and acknowledgements, correctness of surveying data, and computations and all other matters to insure compliance with the provisions of the conditions of approval of the tentative map, the Subdivision Map Act, and this title.
To accomplish this, the city engineer may transmit maps to and request written reports from the city departments and agencies which have submitted recommendations on the tentative map.
Within twenty days after receipt of such written request, the department or agency receiving the request shall issue a written report as to the compliance or noncompliance of the final map as to the matters coming under its jurisdiction, together with a statement of the changes necessary thereon to cause such map to comply. These reports shall be transmitted to the planning director and he shall include them with his transmittal to the city council. Failure of any department or agency to issue a report after written request of the city engineer shall be deemed approval by such department or agency. (Ord. 233 Sec. 5.12, 1972)
17.20.130 Approval.
After the final map has been found to be in substantial compliance with the tentative map and is in correct form and the matters shown thereon are sufficient, the city engineer shall endorse his approval thereon and transmit the map to the planning director together with the plans and specifications of proposed improvements. After the planning director has received the final map and improvement plans from the city engineer and is satisfied that all of the requirements of the Subdivision Map Act, this title and the conditions of approval have been met, he shall transmit the map to the city council together with the plans, specifications, and such other material as may be required to enable the city council to act on the map.
The city council shall, at its next regular meeting after receipt of the final map, act on the map and, if it approves the final map and land division, it shall accept or reject each offer of dedication accordingly and shall accept all bonds and other material. The city shall then forward the final map to the county recorder for filing. (Ord. 233 Sec. 5.13, 1972)
17.20.140 Time limit.
The failure of a subdivider to file the final map and the required accompanying data with the city engineer or to have the map recorded prior to the expiration date of the approved tentative map or any approved extension of time as provided by this title, shall automatically terminate and void the tentative map approval or conditional approval and a new filing fee shall be paid and a new tentative approval obtained before further action can be taken for the land division. (Ord. 233 Sec. 5.14, 1972)
17.20.150 Duplicate original.
Upon presentation of a final subdivision map or parcel map to the city for recordation in the office of the county recorder, the subdivider shall also deliver therewith two duplicate originals thereof inscribed in polyester base film which shall satisfy all requirements of the Subdivision Map Act for such map to be filed on polyester base film and to which all required signatures shall be attached at the time of its delivery to the county recorder.
The county recorder, upon filing the final subdivision map or parcel map, shall attach the recording data to the polyester type film duplicate original and thereupon deliver one of the originals to the city, who shall retain custody thereof. (Ord. 233 Sec. 5.15, 1972)