Chapter 17.28


17.28.010    Preparation—Submission time—Extensions.

17.28.020    Form, contents and conditions.

17.28.030    Examination—Approval conditions—Certification.

17.28.040    Council approval—Conditions—Recordation.

17.28.050    Map certificates—Tax bond.

17.28.060    Improvement agreement and bond.

17.28.070    Reversion to acreage.

17.28.010 Preparation—Submission time—Extensions.

A. After approval or conditional approval of a tentative map or a tentative parcel map, the subdivider shall cause the subdivision, or any part thereof, to be surveyed and shall cause to be prepared a final map or a parcel map, in conformance with the tentative parcel map as approved or conditionally approved, and in compliance with the provisions of the Subdivision Map Act and this chapter. The subdivider shall submit such map, comply with all conditions of approval, and the final map or parcel map shall have been recorded within twenty-four months of such approval or conditional approval.

B. An extension of time, up to twelve additional months, for filing a final map or parcel map, may be granted by the Planning Commission, provided that written application for such extension is made by the subdivider prior to expiration of the twenty-four-month period. (Ord. 959 § 1, 1986: Ord. 879 § 1 Ex. A (part), 1981)

17.28.020 Form, contents and conditions.

1. Form and Scope. The form of a final map or parcel map shall be as provided in the Map Act. The scale of the map shall be not more than one inch per one hundred feet, unless a different scale is approved by the City Engineer.

2. Certificates. The final map or parcel map shall contain all certificates required by this title or the Map Act.

3. Compliance with Conditions. All conditions of approval of the tentative map or tentative parcel map shall be fulfilled prior to approval of a final map or parcel map, except those conditions which are fulfilled by the filing of an agreement to perform those conditions as specified in this title.

4. Expiration of Maps. Unless a final map or parcel map is filed, and all conditions of approval are fulfilled within such eighteen-month period, or such extension as may be granted, the tentative map or tentative parcel map shall expire and all proceedings shall terminate. Thereafter, no final or parcel map shall be filed without first processing a tentative map or tentative parcel map.

5. Dedications. All streets, highways and other public ways, and all other easements, dedication of access rights or areas required or offered for public use and dedication shall be shown on the final map. In the case of a parcel map, such dedications may be made either on the parcel map or by separate instrument, as determined by the City Engineer.

6. Number of Prints. Tracings and an additional number of prints of the final or parcel map, as determined by the Director of Planning, which conform to the requirements of the Map Act shall be submitted to the Director of Planning.

7. Additional Documents. The subdivider shall submit along with the final map or the parcel map the following documents:

a. A preliminary title report with each dedication or offer of dedication for public use, issued by a title insurance company in the name of the record owner, issued to or for the benefit and protection of the City, showing all parties whose consent is necessary and their interest therein;

b. The instrument prohibiting traffic over the sidelines of a major highway, street or freeway, when and if the same is required by this title;

c. Sheets and drawings showing closures and the computation of all distances, angles and courses shown on the final map, ties to existing and proposed monuments, and adjacent subdivisions, street corners, and/or highway stations. The allowable field survey error shall not exceed one part in five thousand in distance or thirty seconds in angular measurement;

d. A copy of the proposed deed restrictions;

e. Any other documents, certifications or instruments necessary to fulfill requirements of State law or requirements imposed at the time the tentative map or tentative parcel map was approved or conditionally approved.

8. Key Map and Legend. When the final map or parcel map consists of two or more sheets, except sheets showing only certificates and similar in text, a key map showing the relation of the sheets shall be placed on the first sheet. Every sheet shall bear the scale, north point, legend, sheet number, and the number of sheets comprising the map.

9. System. Whenever the City Engineer has established a system of coordinates, the survey shall be tied into such system. The map shall show clearly what stakes, monuments or other evidences were found on the ground to determine the boundary of the tract. The corners of all adjoining recorded subdivisions shall be identified by lot and block numbers, tract name and place of record, or other proper designation.

10. Block Numbers. Block numbers, if used, shall begin with the number "1" and continuing consecutively without omission or duplication throughout the tract. The numbers or letters shall be solid and of sufficient size and thickness to stand out and shall be so placed as not to obliterate any figure and shall not be enclosed in any design. Each block in its entirety shall be shown on the sheet. Where adjoining blocks appear on separate sheets, the street adjoining both blocks shall be shown on both sheets complete with centerline and property line data.

11. Boundary. The boundary of the subdivision shall be designated by a distinctive border applied to the reverse side of the tracing and on the face of the blueline prints. Such border shall not interfere with the legibility of figures or other data.

12. City Boundary Line. City boundary lines crossing or abutting the subdivision shall be clearly designated and referenced.

13. Easements. The map shall show the sideline of all easements to which the lots are subject. The easements must be clearly labeled and identified and, if already of record, their recorded references given. If any easement is not definitely located 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 dotted lines. Building lines shall be indicated by dotted lines of the same width as the lines denoting street boundaries. The width of the easement and the lengths and bearings of the lines thereof and sufficient ties thereto to definitely locate the easement with respect to the subdivision must be shown. If the easement is being dedicated by the map, it shall be properly referenced in the owner’s certificate of dedication.

14. High Water Line. The map shall show the line of high water if the subdivision or any part thereof is adjacent to a stream and/or an area or areas subject to periodic inundation by floodwaters. If any portion of any land within the boundary shown on any final map or parcel map is subject to overflow, inundation or flood hazard by stormwaters, such fact and such portion shall be clearly shown on the final map or parcel map. Such portion shall be enclosed in a separate border on each sheet of the map upon which such portion appears.

15. Lot Lines and Boundary Lines. Sufficient data shall be shown to determine readily the bearing and length of every street centerline, lot line, block line and boundary line. Dimensions of lots shall be given as the net dimensions, corner to corner, and shall be shown in feet and hundredths of a foot. No ditto marks shall be used. Bearings and distances of straight lines and radii and arc length of curves, as may be necessary to determine the location of the curves and tangent points, shall be shown. Lots containing one acre or more shall show total acreage to nearest hundredth of an acre. No lot shall be dimensioned to contain any part of any existing or proposed public right-of-way.

16. Lot Numbers. Lot numbers shall begin with the number "one" and shall continue consecutively through the block, with no omissions or duplications. They shall be numbered in a clockwise direction from the upper left-hand corner. North shall be generally up on the map.

17. Monument Line. Whenever the City Engineer has established the monument line of a street or alley adjacent to or in the proposed subdivision, the map shall show the date that all such monuments were established, shall indicate all such monuments found, and shall refer such monuments to a field book or map. If the points were reset by ties, the course and detail of relocation data used by the City Engineer shall be stated.

18. Monuments. The map shall show the location and description of all monuments found in making the survey of the proposed subdivision, and shall include the bearings and distances to such other existing monuments as may be necessary to establish each portion of the proposed subdivision in relation to such existing monuments.

19. Use of Lots. The map shall particularly define, delineate and designate all lots intended for sale or reserved for private purposes, all parcels offered for dedication for any purpose, public or private, with all dimensions, boundaries and courses clearly shown and defined in every case. Parcels offered for dedication but not accepted shall be designated by letter.

20. Soils and/or Geologic Report. When a soils and/or geologic report has been prepared, the date of the report(s) and the name(s) of the engineer(s) making the report(s) shall be recorded on the map.

21. Streets and Other Rights-of-Way. The map shall show the centerlines of all streets, the total width of all streets, the width of the portion being dedicated and the width of existing dedications, and the width each side of the centerline. It shall also show width of any railroad rights-of-way appearing on the map.

22. Additional Data. The map shall show all other data that is or may be required by law. (Ord. 879 § 1 Ex. A (part), 1981)

17.28.030 Examination—Approval conditions—Certification.

A. Action on Parcel Map. Upon receipt of the parcel map check prints and other data as submitted to the City Engineer, he shall examine the same to determine that the subdivision as shown complies with the requirements of the Map Act and any conditions of approval of the tentative parcel map. If the City Engineer determines that the map does not so comply, he shall advise the subdivider of the changes or additions that must be made, and when the City Engineer is satisfied that compliance has been made, he shall advise the subdivider who shall then submit the original, one linen copy and three blueline or blackline prints of the map to the City Engineer for signature. The City Engineer shall then affix his signature and seal to the map and cause the map to be presented to the County Recorder for filing.

B. Action on Final Map—Approval of City Engineer. When the final map and other data are received by the City Engineer, he shall examine such to determine that the subdivision as shown is substantially the same as it appeared on the tentative map, and any approved alterations thereof, that all provisions of the law and of 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 has not been made, he shall advise the subdivider of the changes or additions that must be made to bring the map into conformity and give the subdivider an opportunity to make such changes or additions. When the City Engineer determines that full conformity has been made, he shall so certify on said map and shall transmit the map to the City Council. (Ord. 879 § 1 Ex. A (part), 1981)

17.28.040 Council approval—Conditions—Recordation.

A. At its first regular meeting following the filing of the final map with the City Clerk, or within ten days following the filing thereof, whichever is later, the City Council shall consider the map, the plan of subdivision, and the offers of dedication. The City Council may reject any or all offers of dedication. If the City Council shall determine that the map is in conformity with the requirements of this title and the Map Act, it shall approve the map.

B. When the subdivider has filed with the City Clerk any agreement and bonds or deposits required, and when such agreement and bond shall have been approved by the City Attorney and City Engineer, the City Clerk shall transmit a final map to the Clerk of the County Board of Supervisors. The City Clerk shall transmit a parcel map approved by the City directly to the County Recorder.

C. If the City Council determines that the map is not in conformity with the requirements of this title and Map Act, it shall disapprove the map, specifying its reason or reasons therefor, and the City Clerk shall, in writing, advise the subdivider of such disapproval and of the reason or reasons for such disapproval. Within thirty days after the City Council has disapproved any map, the subdivider may file with the City Engineer a map altered to meet the requirements of the City Council. In such case, the subdivider shall conform to all the requirements imposed upon him by this title when filing the first final map with the City Engineer.

D. No map shall have any force or effect until the same has been approved by the City Council and no title to any property described in any offer of dedication shall pass until the recordation of the final map. (Ord. 879 § 1 Ex. A (part), 1981)

17.28.050 Map certificates—Tax bond.

The following certificates and acknowledgements and any other now or hereafter required by law shall appear on the final map. (Such certificates 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 recordation of the map, provided that the signatures of parties owning the following types of interests may be omitted if their names and the nature of their interest 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, 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;

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

B. Dedication Certificate. A certificate, properly signed and acknowledged, 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;

C. Engineer’s Certificate. A certificate by the civil engineer or licensed surveyor responsible for the survey and final map. The signature of such civil engineer or surveyor unless accompanied by his seal must be attested;

D. A certificate for execution by the City Engineer;

E. A certificate for execution by the City Clerk;

F. A certificate for execution by the County Recorder. (Ord. 879 § 1 Ex. A (part), 1981)

17.28.060 Improvement agreement and bond.

A. Agreement and Bond for Improvements. Upon the approval by the City Council of the final map, the subdivider shall execute and file an agreement between himself and the City, specifying the period within which he or his agent or contractor shall complete all improvement work to the satisfaction of the City Engineer, and providing that if he shall fail to complete such work within said period, the City may complete the same and recover the full cost and expense thereof from the subdivider. The agreement shall also provide for the inspection of all improvements by the City Engineer and reimbursement of the City by the subdivider for the cost of such inspection. Such agreement may also provide the following:

1. For the construction of the improvements in units;

2. For an extension of the time to perform specified improvements,with appropriate conditions on such extension;

3. For the termination of the agreement upon the completion of proceedings under an assessment district for the construction of improvements deemed by the City Engineer to be at least the equivalent of the improvements specified in said agreement and required to be constructed by the subdivider; and

4. For progress payment.

B. Improvement Bond. The subdivider shall also file with said agreement, to assure his full and faithful performance, a bond for such sum as the City Council deems sufficient to cover cost of the improvements, engineering, inspection and incidental expenses, to cover replacement and repair of existing streets, other improvements damaged in the development of the subdivision and to cover costs and reasonable expenses and fees, including attorney’s fees, to guarantee the work for two years following completion against defective work and/or materials. Such bond shall be executed by a surety company authorized to transact a surety business in the state, and must be satisfactory to and be approved by the City Attorney as to form and by the City Engineer as to sufficiency; the form of such bond shall be as prescribed by Government Code Section 66499.1. In lieu of such bond, the following may apply:

1. The subdivider may deposit with the City Treasurer cash in an amount fixed by the City Engineer; or

2. Certification by a bank or other reputable lending institution that money is being held to cover the cost of the improvements, engineering and inspection, and it will be released only upon authorization of the City Engineer.

C. Liability of Subdivider. In the event the subdivider shall fail to complete all improvement work in accordance with the provisions of this title, and the City completes it, or if the subdivider fails to reimburse the City for the cost of inspection, engineering and incidental expenses, or to cover the cost of replacement and repair of existing streets or other improvements damaged in the development of the subdivision, the City shall call upon the surety for reimbursement. If the amount of surety bond or cash deposit exceeds all costs and expense incurred by the City, it shall release the remainder of such bond or cash deposit. If the amount of the surety bond, cash deposit or certification is less than the cost and expense incurred by the City, the subdivider shall be liable to the City for such difference.

D. Requirement for Final Release of Funds. No extension of time, progress payments from cash deposits, or releases of surety bond, cash deposit or certification shall be made except upon a written statement by the City Engineer that work covered thereby has been satisfactorily completed, and upon recommendation of the City Manager and approval of the City Council. (Ord. 879 § 1 Ex. A (part), 1981)

17.28.070 Reversion to acreage.

A reversion to acreage shall be accomplished in conformance with Chapter 6 of the Subdivision Map Act. A parcel map may be filed for the purpose of reverting to acreage land previously subdivided and consisting of four or less contiguous parcels under one ownership. All maps filed for the purpose of reverting land to acreage shall be conspicuously so designated under the title "The Purpose of this Map is a Reversion to Acreage." (Ord. 879 § 1 Ex. A (part), 1981)