Chapter 16.12
FINAL MAP
Sections:
16.12.010 Time of preparation.
16.12.040 City engineer review.
16.12.050 City council action.
16.12.060 Final tract map and parcel map requirements.
16.12.070 Condominium and community apartment project conversions.
16.12.080 Minimum improvements requirements.
16.12.090 Making dedications and improvements.
16.12.100 Corrections and amendments.
Prior legislation: Ords 156, 233 and 315.
16.12.010 Time of preparation.
After approval of the tentative map, the subdivider may cause a final map to be prepared in accordance with a completed survey of the subdivision and in substantial compliance with the approved tentative map, and in full compliance with the Subdivision Map Act and this title. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 667 § 3, 2006)
16.12.020 Contents and form.
The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall be based upon a survey, and shall conform to the requirements of the Subdivision Map Act. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 667 § 3, 2006)
16.12.030 Soil investigation.
A. Prior to the submission of the final subdivision map, the subdivider shall file with the city a preliminary soil report, prepared by a civil engineer who is registered by the state of California. The preliminary soil report may be waived if the city engineer determines that, due to the knowledge of the city as to the soil qualities of the subdivision, no preliminary analysis is necessary.
B. If the preliminary soil report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, or the presence of rocks or liquids containing deleterious chemicals which, if not corrected, could cause construction materials such as concrete, steel, and ductile or cast iron to corrode or deteriorate, a soil investigation of each lot in the subdivision shall be prepared by a civil engineer who is registered by the state of California. The soil investigation shall recommend corrective action which is likely to prevent structural damage to each dwelling proposed to be constructed on the expansive soil. The report shall be filed with the city.
C. The city engineer shall approve the soil investigation if he determines that the recommended corrective action is likely to prevent structural damage to each dwelling to be constructed on each lot in the subdivision. The decision of the city engineer shall be final. The building permit shall be conditioned upon the incorporation of the approved recommended corrective action in the construction of each dwelling. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 667 § 3, 2006)
16.12.040 City engineer review.
A. Prior to the time of filing a final map, the subdivider shall submit a copy of the map to the city engineer, who shall examine the map for sufficiency of affidavits and acknowledgments, for correctness of surveying data and other matters to ensure compliance of the map with the requirements of the Subdivision Map Act, of this chapter, and of any conditions imposed by conditional approval of the tentative map. The city engineer shall route the final map to all necessary departments to review and approve, including without limitation the planning director, and all necessary and required agencies, prior to submission to city council for approval.
B. If the final map is unsatisfactory to the city engineer, or otherwise does not meet any required standard, the city engineer shall return the map, together with a statement of the grounds of its rejection, to the subdivider for correction and resubmission.
C. If the final map is found by the city engineer and all necessary departments and agencies to be in correct form and matters shown thereon to be in compliance, and the city engineer determines that the applicant has submitted all required bonds and agreements to the city clerk, the city engineer shall schedule consideration of the final map at the city council’s next meeting to consider and act upon the final map. (Ord. 700 § 2 (Exh. 1), 2012)
16.12.050 City council action.
A. The city council shall approve for recordation the final map if it meets all the requirements of the Subdivision Map Act, this title, and each condition of approval imposed under the tentative map. Approval of the final map for recordation shall not be denied if the final map is in substantial compliance with a valid, previously approved tentative map relating to the same land division. The city council shall not approve for recordation a final map if such map does not comply with any requirement or condition imposed by the Subdivision Map Act or this title or is not consistent with the general plan or a specific plan.
B. After approval by the city council of a final map of a subdivision or a parcel map, the city clerk shall transmit the map to the county recorder after certifying that the applicant has paid all required fees, assessments, bonds and other applicable securities. (Ord. 700 § 2 (Exh. 1), 2012)
16.12.060 Final tract map and parcel map requirements.
A final map shall conform to all of the following requirements:
A. The applicant shall obtain a certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the final map, subject to the provisions of Section 66436 of the Subdivision Map Act.
B. A certificate by the engineer or surveyor responsible for the survey and final map is required. His or her certificate shall give the date of the survey, state that the survey and final map were prepared by him or her or under his or her direction, and that the survey is true and complete as shown. The certificate shall also state that all monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before a specified later date.
C. All environmentally sensitive conditions shall be represented on a separate form indicating the location of such issues as faults, geologically hazardous areas, sensitive resource areas such as endangered species or habitat areas, wildlife corridors, significant plant species, ridgelines, flood hazard areas and archaeologically significant sites. This map shall also include the primary site plan information including the proposed lot lines, building pads, streets, easements and all required setbacks required as conditions of approval.
D. The final map shall conform to all of the design standards provided in Section 66434 of the Subdivision Map Act, including all size, content, and reproduction standards.
E. A certificate or statement for execution by the city clerk shall be required, which provides that the city council approved the map and accepted, accepted subject to improvement, or rejected, on behalf of the public, any real property offered for dedication for public use.
F. The final map shall include a statement by the city engineer certifying that he or she has examined the map, the subdivision as shown is substantially the same as it appeared on the tentative map or any approved alterations thereof, the map complies with all requirements of the Subdivision Map Act and the city zoning ordinance in place at the time the tentative map was filed, and the map is technically correct.
G. Any public streets or public easements to be left in effect after the subdivision shall be shown on the final map. The filing of a final map constitutes abandonment of all public streets and public easements not shown on the final map; provided, that written notation of each abandonment is listed and certified by the city clerk or designee, and any public entity which owns a public easement to be abandoned pursuant to this subsection has been provided notice of the proposed abandonment. No public easement vested in another public entity may be abandoned if that public entity objects to the proposed abandonment. (Ord. 700 § 2 (Exh. 1), 2012)
16.12.070 Condominium and community apartment project conversions.
No final map for a subdivision to be created from the conversion of residential real property into a condominium project or community apartment project may be approved unless all of the following findings are made:
A. Each of the tenants of the proposed condominium or community apartment project has received written notification of intention to convert at least sixty days prior to the filing of a tentative map pursuant to Section 66452.18 of the Subdivision Map Act.
B. Each such tenant and each person applying for the residential real property shall receive all notices required pursuant to Chapter 3 of the Subdivision Map Act, including ten days’ written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, and that such report is available on request.
C. Tenants shall be provided written notification that the subdivider has received the public report from the Department of Real Estate, within five days of the subdivider receiving such report.
D. Each of the tenants of the proposed condominium, or community apartment project, has been, or will be, given written notification within ten days of approval of a final map for the proposed conversion.
E. Each of the tenants of the proposed condominium, or community apartment project, has been, or will be, given one hundred eighty days’ written notice of intention to convert prior to termination of tenancy due to conversion or proposed conversion. The provisions of this subsection shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including without limitation the provision of services, payment of rent or the obligations imposed by Cal. Civ. Code §§ 1941, 1941.1 and 1941.2.
F. Each of the tenants of the proposed condominium, or community apartment project, has been or will be given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than ninety days from the date of issuance of the subdivision public report pursuant to Cal. Bus. & Prof. Code § 11018.2, unless the tenant gives prior written notice of his or her intention not to exercise the right.
G. The written notices to tenants required by this subsection are satisfied if such notices comply with the legal requirements for service by mail. (Ord. 700 § 2 (Exh. 1), 2012)
16.12.080 Minimum improvements requirements.
A. The minimum improvements which the subdivider will be required to make or enter into an agreement to make in the subdivision prior to the acceptance and approval of the final map by the city council shall be established by the conditions of approval of the tentative map and shall include, but not be limited to:
1. Adequate distribution lines for domestic water supply to each lot where the subdivision is to be supplied with water;
2. Sewage collection system where main lines of an adequate disposal system are available;
3. Adequate drainage of the subdivision;
4. Street and right-of-way improvements, including but not limited to curb and gutter and street trees, as per minimum standards established by resolution of the city council.
B. All such improvements shall conform to the dimensions and material specifications established by the city engineer and the city council. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 667 § 3, 2006)
16.12.090 Making dedications and improvements.
A. The applicant shall make an irrevocable offer of dedication of real property within the subdivision that is needed for streets, highways, alleys, including access rights and abutters’ rights, drainage, public utility easements, public trails, bicycle paths, open space and other public easements and parcels of land shown on the final map and intended for any public use.
B. Wherever the city council has determined that a street is necessary for the future subdivision of the property as shown on the subdivision map or for adjoining property, but that the present dedication and construction of such street are not warranted, the city council may require that the location, width and extent of such street shall be shown on the final map as a future street. No improvement of such future street shall be required of the subdivider.
C. The subdivider shall improve, or agree to improve, all land dedicated pursuant to subsection A of this section as a condition precedent to acceptance and approval of the final map. Such improvements shall include such grading, surfacing, sidewalks, street lights, street signs, street trees, curbs, gutters, culverts, bridges, storm drains, sanitary sewers, permanent subdivision monuments, bench marks, and such other structures or improvements as may be required under prescribed circumstances and conforming to such specifications pertaining to design and materials as shall be defined by resolution of the city council.
D. All improvements shall be installed to alignments and grades approved by the city engineer.
E. Plans, profiles and specifications of proposed improvements shall be furnished to the city engineer prior to the time of submitting the final map to the city engineer, and be approved by the city engineer before the map is filed with the city council. Such plans and profiles shall show full details of the proposed improvements.
F. If such improvement work is not completed satisfactorily before the final map is approved, as a condition precedent to the approval of the final map the owner or owners of the subdivision shall enter into an improvement agreement in the form as specified by the city engineer and provide security therefor in compliance with the Subdivision Map Act.
G. If required by city council as a condition of approval of a map, the subdivider shall reserve sites appropriate in the area and location for schools, parks, recreation facilities, fire stations, libraries or other public facilities, subject to the provisions of the Subdivision Map Act.
H. For any proposed subdivision that fronts a public waterway, river or stream, the subdivider shall make a dedication for a public easement along a portion of the bank of the waterway bordering or lying within the proposed subdivision and shall provide reasonable public access by fee or easement from a public street or highway to the waterway. Any such public easement shall allow reasonable public use of the waterway consistent with public safety.
I. For any proposed subdivision that fronts the coastline or shoreline, the subdivider shall make a dedication for a public easement to provide public access to the coastline or shoreline, unless reasonable public access is otherwise available within a reasonable distance from the subdivision.
J. For any proposed subdivision that fronts any lake or reservoir which is owned in part or entirely by any public agency, the subdivider shall make a dedication for a public easement to provide public access to any water of the lake or reservoir upon which the subdivision borders, unless reasonable public access is otherwise available within a reasonable distance from the subdivision.
K. Any dedications made pursuant to this section shall be made by a statement on the final map, signed and acknowledged by all parties having any record title interest in the real property to be subdivided, subject to the provisions of Subdivision Map Act Section 66436. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 667 § 3, 2006)
16.12.100 Corrections and amendments.
A. An amending map or certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor. An amending map shall conform to the requirements of Section 66434 of the Subdivision Map Act, if a final map, or Section 66445 of the Subdivision Map Act, if a parcel map. The amending map or certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction or omission.
B. The city engineer has twenty working days to review the amending map or certificate of correction to determine compliance with this title and the Subdivision Map Act. If the city engineer determines that the proposed amendment or corrections do not comply with this title or the Subdivision Map Act, he or she shall return the submittal to the applicant with a statement of the corrections needed for compliance. Upon approval, the city engineer shall submit the amending map or certificate of correction to the county recorder for recordation.
C. Upon recordation of a certificate of correction, the county recorder shall, within sixty days of recording, transmit a certified copy to the city engineer, who shall maintain an index of recorded certificates of correction. (Ord. 700 § 2 (Exh. 1), 2012)