[Ord. #87-017, A5, § 31.501]
The form, contents, accompanying data and filing of the final
map shall conform to the provisions of this section and the Subdivision
Map Act.
The final map shall be prepared by or under the direction of
a civil engineer or licensed land surveyor.
[Ord. #87-017, A5, § 31.502]
Multiple final maps relating to an approved or conditionally
approved tentative map may be filed prior to the expiration of the
tentative map if the subdivider, at the time the tentative map is
filed, informs the Planning Director of the subdivider's intention
to file multiple final maps on the tentative map. In providing the
notice, the subdivider shall not be required to define the number
or configuration of the proposed multiple maps. The Planning and Zoning
Commission shall approve the sequence of map approvals. After filing
of the tentative map, the Planning Director and the subdivider shall
concur in the filing of multiple final maps.
The filing of a final map on a portion of an approved or conditionally
approved tentative map shall not invalidate any part of the requirements
to provide for the construction of improvements as required to constitute
a logical and orderly development of the whole subdivision.
[Ord. #87-017, A5, § 31.503]
An accurate and complete survey of the land to be subdivided
shall be made by a registered civil engineer or licensed land surveyor.
All monuments, property lines, center lines of streets, alleys and
easements adjoining or within the subdivision shall be tied into the
survey. The allowable error of closure on any portion of the final
map shall not exceed one-ten thousands (1/10,000) for field closures
and one-twenty thousands (1/20,000) for calculated closures.
At the time of making the survey for the final map, the engineer
or surveyor shall set sufficient durable monuments to conform with
the standards described in Section 8771 of the State Business and
Professions Code so that another engineer or surveyor may readily
retrace the survey. At least one (1) exterior boundary line shall
be monumented prior to recording the final map. Other monuments shall
be set as required by the City Engineer.
[Ord. #87-017, A5, § 31.504]
The form in the final map shall conform to the Subdivision Map
Act and as follows:
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 eighteen (18") inches by twenty-six
(26") inches. A marginal line shall be drawn completely around each
sheet, leaving an entirely blank margin of one (1") inch. The scale
of the map shall not be less than one inch equals one hundred feet
(1" = 100') at the discretion of the City Engineer, or as may be necessary
to show all details clearly, and enough sheets shall be used to accomplish
this end. The particular number of the sheet 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. When
four (4) or more sheets, including the certificate sheet, are used,
a key sheet shall be included. All printing or lettering on the map
shall be of one-eighth (1/8") inch minimum height and of such shape
and weight as to be readily legible on prints and other reproductions
made from the original drawings. The final form of the final map shall
be as approved by the City Engineer.
[Ord. #87-017, A5, § 31.506]
The contents of the final map shall conform to the Subdivision
Map Act and as follows:
a.
Boundary. The boundary of the subdivision shall be designated by
a heavy black line in such a manner as not to obliterate figures or
other data.
b.
Title. Each sheet shall have a title showing the subdivision number
and name and the location of the property being subdivided with reference
to maps which have been previously recorded, or by reference to the
plat of a United States Survey. The following words shall appear in
the title, "City of Albany, Alameda County."
c.
Certificates. The following certificates shall appear only once on
the cover sheet:
1.
Owner's Certificate. A certificate, signed and acknowledged by all
parties having record title interest in the land subdivided, consenting
to the preparation and recordation of the map and offering for dedication
to the public certain specific parcels of land or easements. Except
as provided in Section 66436 of the Subdivision Map Act, the owner's
certificate shall include the dedication of or offer to dedicate interests
in real property for specified public purposes.
2.
Trustee's Certificate. A certificate, signed and acknowledged by
any trustees of record at the time of City Council approval of the
final map, consenting to the recording of the map and any offers of
dedication.
3.
Engineer's Certificate. A certificate by the engineer or surveyor
responsible for the survey and final map. The certificate shall give
the date of the survey, state that the survey and final map were made
by or under the direction of the engineer or surveyor, and that the
survey is true and complete as shown. The certificate shall also state
that all the monuments are of the character and occupy the positions
indicated, or that they will be set in those positions on or before
a specified later date. The certificate shall also state that the
monuments are, or will be, sufficient to enable the survey to be retraced.
The certificate shall state that the map complies to the Subdivision
Map Act and the provisions of this character.
4.
Certificate of Soils and Geologic Report. When a soils report, a
geologic report or soils and geologic reports have been prepared specifically
for the subdivision, it shall be noted on the final map, together
with the date of the report or reports, and the name of the engineer
making the soils report and geologist making the geologic report and
where the reports are on file.
5.
City Engineer's Certificate. A certificate by the City Engineer stating
that the map has been examined and that it is substantially the same
as the tentative map and any approved alterations, that it complies
with the Subdivision Map Act and the provisions of this chapter, and
is technically correct.
6.
City Clerk's Certificate. A certificate for execution by the City
Clerk stating the date of the resolution adopted by the City Council
approving the final map and stating that the City Council accepted,
subject to improvement or rejected on behalf of the public, any real
property offered for dedication for public use in conformity with
the terms of the offer of dedication.
7.
County Recorder's Certificate. A certificate to be executed by the
County Recorder stating that the map has been accepted for filing;
that the map has been examined and that it complies with the provisions
of State laws and local ordinances governing the filing of final maps.
The certificate shall show who requested the filing of the map, the
time and date the map was filed and the book and page where the map
was filed.
d.
Scale, North Point and Basis of Bearings. There must appear on each
map sheet the scale, the north point, and the basis of bearings based
on the California Coordinates, and the equation of the bearing to
true north. The basis of bearings shall be approved by the City Engineer.
e.
Linear, Angular and Radial Data. Sufficient linear, angular and radial
data shall be shown to determine the bearings and lengths of monument
lines, street center lines, the boundary lines of the subdivision,
the boundary lines on every lot and parcel, which is a part of the
subdivision, and ties to existing monuments used to establish the
boundary. Arc length, radius and total central angle and radial bearings
of all curves shall be shown. Ditto marks shall not be used in the
dimensions and data shown on the map.
f.
Monuments. The location and description of all existing and proposed
monuments shall be shown. Standard City monuments shall be set at,
or on City Engineer approved offsets, the following locations:
g.
Lot Numbers. Lot numbers shall begin with the number one (1) in each
subdivision and shall continue consecutively with no omissions or
duplications except where contiguous lands, under the same ownership,
are being subdivided in successive units, in which event lot numbers
may begin with the next consecutive number following the last number
in the preceding unit. Each lot shall be shown entirely on one (1)
sheet of the final map, unless approved by the City Engineer.
h.
Adjoining Properties. The adjoining corners of all adjoining subdivisions
shall be identified by subdivision number, or name when not identified
by official number, and reference to the book and page of the filed
map showing such subdivision; and if no subdivision is adjacent, then
by the name of the owner and reference to the recorded deed by book
and page number for the last record owner.
i.
City Boundaries. City boundaries which cross or join the subdivision
shall be clearly designated.
j.
Street Names. The names of all streets, alleys or highways within
or adjoining the subdivision shall be shown.
k.
Easements and Dedications. Easements and dedications for roads or
streets, paths, storm water drainage, sanitary sewers or other public
use as may be required, shall be required, shall be dedicated to the
public for acceptance by the City or other public agency, and the
use shall be specified on the map. If at the time the final map is
approved, any streets, paths, alleys or storm drainage easements are
not accepted by the City Council, the offer of dedication shall remain
open and the City Council may, by resolution at any later date, accept
and open the streets, paths, alleys or storm drainage easements for
public use, which acceptance shall be recorded in the office of the
County Recorder.
The City may accept any dedications lying outside the subdivision
boundary which require a separate grant deed. The acceptance shall
be recorded in the office of the County Recorder.
All easements of record shall be shown on the map, together
with the name of the grantee and sufficient recording data to identify
the conveyance, e.g. recorder's serial number and date, or book and
page of official records.
Easements not disclosed by the records in the office of the
County Recorder and found by the surveyor or engineer to be existing,
shall be specifically designated on the map, identifying the apparent
dominant tenements for which the easement was created.
The sidelines of all easements of record shall be shown by dashed
lines on the final map with the widths, lengths and bearings of record.
The width and location of all easements shall be approved by the City
Engineer.
l.
Greenbelt Areas. Greenbelt areas may be shown subject to the approval
of the City. Public greenbelt areas shall be dedicated in fee unless
otherwise specified in the approval, or conditional approval, of the
tentative map. Private greenbelt areas shall be dedicated as open
space easements unless otherwise specified in the approval or conditional
approval of the tentative map.
[Ord. #87-017, A5, § 31.506]
The subdivider shall submit prints of the final map to the City
Engineer for checking. The preliminary prints shall be accompanied
by the following data, plans, reports and documents in a form as approved
by the City Engineer:
b.
Soils Report. A soils report prepared in accordance with subsection 22-4.3, Chapter 70 of the Uniform Building Code, and any other City regulations.
c.
Title Report. A title report showing the legal owners at the time
of submittal of the final maps.
d.
Tax Report. A letter from the County Assessor stating that all taxes
due have been paid or that a tax bond assuring payments of all taxes
which are a lien but not yet payable has been filed with the County.
e.
Deeds for Easements or Rights-of-Way. Deed for off-site easements
or rights-of-way required for road or drainage purposes which have
not been dedicated on the final map. Written evidence acceptable to
the City Engineer and City Attorney in the form of rights of entry
or permanent easements across private property outside of the subdivision
permitting or granting access to perform necessary construction work
and permitting the maintenance of the facility.
f.
Traverse Closures. Traverse closures for the boundary blocks, lots,
easements, street center lines and monument lines.
g.
Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic
calculations of all storm drains.
h.
Governing Documents. The submittal of the final map or parcel map
for a common interest development within the meaning of Sections 1350
et seq. of the State Civil Code shall include the proposed Declaration
of Covenants, Conditions and Restrictions containing the provisions
described in Section 1353 of the Civil Code and all other governing
documents for the subdivision as are appropriate pursuant to Section
1363 of the Civil Code. The submittal of the final map or parcel map
for all subdivisions other than a common interest development shall
include any Declaration of Covenants, Conditions and Restrictions
proposed in connection therewith. All documents shall be subject to
review and approval by the City Engineer and City Attorney.
i.
A guarantee of title, in form acceptable to the City Engineer and
City Attorney, shall be issued by a competent title company to and
for the benefit and protection of the City and shall be continued
complete up to the instant of recording of the final map, guaranteeing
that the names of all persons whose consent is necessary to pass a
clear title to the land being subdivided, and all public easements
being offered for dedication, and all acknowledgements thereto, appear
on the proper certificates and are correctly shown on the map, both
as to consents as to the making thereof and affidavits of dedication
where necessary.
j.
Improvement Agreement. In the event sewer, water, drainage, grading, paving or other improvements required pursuant to subsection 22-9.2 have not been completed prior to the presentation of the final map, an agreement in accordance with the requirements of subsection 22-9.3 shall be filed for the improvement thereof. The subdivider shall secure the performance of the agreement in accordance with the requirements of subsection 22-9.8.
k.
Liability Agreement and Insurance. A hold-harmless agreement obligating
the subdivider to hold the City and its officers, agents and employees
harmless from any liability for damages or claims for damages for
personal injury or death which arise from the operations of the subdivider
and/or the subdivider's subcontractors in connection with the subdivision.
A certificate of insurance reporting to the City the amount of insurance
the subdivider carries for the subdivider's own liability for damages
or claims for damages for personal injury or death which arise from
the operations of the subdivider or his subcontractors in connection
with the subdivision. The certificate of insurance shall name the
City as an additional insured. The agreement and certificate required
by this subsection shall be subject to prior review and approval by
the City Engineer and City Attorney.
l.
Any additional data, reports or information as required by the City
Engineer and City Attorney.
[Ord. #87-017, A5, § 31.507]
The City Engineer shall review the final map and any other required
information and the subdivider shall make corrections and/or additions
until acceptable to the City Engineer.
[Ord. #87-017, A5, § 31.508]
The subdivider shall submit to the City Engineer the original
tracing of the map and any duplicates per County requirements, corrected
to its final form and signed by all parties required to execute the
certificates on the map. Original signatures shall appear on the original
drawing and on the blueline duplicate. Upon receipt of all required
certificates and submittals, the City Engineer shall sign the appropriate
certificates and transmit the original map to the City Clerk.
[Ord. #87-017, A5, § 31.509]
A final map approved by the City Engineer and conforming to
the approved or conditionally approved tentative map shall be filed
with the City Council for approval after all required certificates
have been signed. The date the map shall be deemed filed with the
City Council is the date on which the City Clerk receives the map.
The City Council shall consider the final map for approval within
fourteen (14) days after the City Clerk receives the map. The City
Council shall consider approval for the Subdivision Improvement Agreement
before approving the final map.
If the Subdivision Improvement Agreement and final map are approved
by the City Council, it shall instruct the Mayor to execute the agreement
on behalf of the City. If the Subdivision Improvement Agreement and/or
final map is unacceptable, the Council shall make their recommended
corrections, instruct the City Engineer to draft a new agreement and/or
revise the final map and defer approval until an acceptable agreement
and/or final map has been resubmitted.
The City Council shall not postpone or refuse approval of a final map because the subdivider has failed to meet a tentative map condition requiring construction of off-site improvements on land which neither the subdivider or the City has sufficient title or interest to permit the improvements to be made. In this case, the City shall follow the procedure according to subsection 22-9.2i.
[Ord. #87-017, A5, § 31.510]
The City Council shall not deny approval of the final map if
it has previously approved a tentative map for the proposed subdivision
and if the City Council finds that the final map conforms to the requirements
of the Subdivision Map Act, this section and the tentative map and
all conditions thereof.
[Ord. #87-017, A5, § 31.511]
Upon approval of the final map by the City Council, the City
Clerk shall execute the appropriate certificate on the certificate
sheet and shall subject to Section 66464 of the Subdivision Map Act,
and forward the map, or have an authorized agent forward the map to
the County Recorder.
