[Ord. No. 1034, § 1.]
The form, contents, accompanying data, and filing of the final
map shall conform to the provisions of the Subdivision Map Act and
this article.
The final map shall be prepared by or under the direction of
a registered civil engineer or licensed land surveyor.
[Ord. No. 1034, § 1.]
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 application
is filed, notifies the community development director in writing of
the subdivider's intention to file multiple final maps on the
tentative map in accordance with this chapter. In providing the notice,
the subdivider shall not be required to define the number or configuration
of the proposed multiple final maps. The planning commission shall
approve the sequence of map approvals. After filing of the tentative
map application, the community development director, the public works
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 tentative
map. Each final map which constitutes a part, or unit, of the approved
or conditionally approved tentative map shall have a separate subdivision
number. The subdivision improvement agreement executed by the subdivider
shall provide for the construction of improvements as required to
constitute a logical and orderly development of the whole subdivision.
The right of the subdivider to file multiple final maps shall not
limit the authority of the city to impose reasonable conditions related
to the filing of multiple final maps.
[Ord. No. 1034, § 1.]
An accurate and complete survey of the land to be subdivided
shall be made by a registered civil engineer authorized to practice
land surveying or licensed land surveyor. All monuments, property
lines, centerlines 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 1/10,000
for field closures and 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 Business and Professions
Code so that another engineer or surveyor may readily retrace the
survey. All exterior boundary lines shall be monumented prior to recording
the final map exceptions may be approved by the public works director.
[Ord. No. 1034, § 1.]
The final map shall be prepared by or under the immediate direction
of a registered civil engineer or licensed land surveyor, shall be
based on a survey and shall be in the following form and content.
The final map shall be legibly drawn, printed, or reproduced
by a process guaranteeing a permanent record in black on 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.
The size of each sheet shall be eighteen inches by twenty-six
inches. A marginal line shall be drawn completely around each sheet,
leaving an entirely blank margin of one inch. The scale of the map
shall be not less than 1" = 100' 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 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 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 public works director.
[Ord. No. 1034, § 1.]
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 recorded survey. The following words shall appear in the
title, "City of Oakdale, Stanislaus County."
(c)
Certificates and acknowledgements. The following certificates and
acknowledgements and others required by law shall appear on the final
map; such certificates may be combined where appropriate:
(1)
A certificate signed and acknowledged by all parties having
any title interest in the land subdivided, consenting to the preparation
and recording of the map, provided, that the signature of parties
owning the following types of interests may be omitted if their names
and the nature of their interests are set forth on the map:
a.
Rights-of-way, easements or other interest, none of which can
ripen into a fee;
b.
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;
c.
Any subdivision map including land originally patented by the
United States or the state, under patent reserving interest to either
or both of these entities, may be recorded under the provision of
this chapter without consent of the United States or the state, thereto,
or to dedication made thereon.
(2)
A certificate signed and acknowledged as in subsection (1) 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;
(3)
A certificate by the civil engineer or licensed land surveyor
responsible for the survey and final map. This certificate unless
attested shall be accompanied by his seal;
(4)
A certificate for the city engineer showing he has examined
the map and found it technically correct and in conformance with state
laws and all city ordinances;
(5)
Certificate for city clerk for execution by the city clerk;
(6)
Certificate for county recorder for execution by the county
recorder;
(7)
Prior to the filing of the final map with the governing body,
the subdivider shall file with the city clerk a certificate from the
official computing redemptions for the city, showing that according
to the records of his office there are no liens against the subdivision
or any part thereof for unpaid state, county, district or local taxes
or special assessments collected as taxes, except taxes or special
assessments not yet due and payable.
As to taxes or special assessments collected as taxes not yet
payable, the subdivider shall file with the city clerk a certificate
by each proper officer giving his estimate of the amount of taxes
and assessments which are a lien but which are not yet payable.
(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 Zone II of the California Coordinates, and the equation of the
bearing to true north. The basis of bearings shall be approved by
the public works director.
(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 centerlines, 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 public works director approved offsets, the following locations:
(g)
Lot numbers and block numbers. Lot numbers and block numbers shall
begin with the number one 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 and block numbers may begin with the next consecutive
number following the last number in the preceding unit. Each lot and
block shall be shown entirely on one sheet of the final map, unless
approved by the public works department.
(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)
Street dedications and easements. Easements and dedications for,
including but not limited to roads or streets, paths, alleys, utilities,
local transit facilities, storm water drainage, sanitary sewers or
other public use as may 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.
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 public
works director.
[Ord. No. 1034, § 1.]
The subdivider shall submit prints of the final map to the public
works director for checking. The preliminary prints shall be accompanied
by the following data, plans, reports, and documents in a form as
approved by the public works director and, where applicable, the city
attorney:
(a)
Improvement plans. Improvement plans as required by this chapter.
(b)
Soils report. A soils report prepared in accordance with this Code
and the current adopted edition of the Uniform Guideline Code.
(c)
Title report. A title report showing the legal owners at the time
of submittal of the final map, being no older than six months.
(d)
Tax certificate. Prior to map recordation, a certificate shall be
signed by the county tax collector stating that all taxes due have
been paid, or that a tax bond or other adequate form of security,
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. Deeds 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 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 centerlines and monument lines.
(g)
Hydrology and hydraulic calculations. Complete hydrology and hydraulic
calculations of all storm drains and flood flow.
(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 public works director and city attorney.
(i)
Guarantee of title. A guarantee of title, in form acceptable to the
public works director 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 acknowledgments
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 are required and have not been completed
prior to the presentation of the final map, an agreement complete
with the appropriate security shall be approved and recorded prior
to, or concurrent with, final map recordation.
(k)
Liability agreement and insurance. Prior to construction, a hold-harmless
agreement shall be provided 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 public works
director and city attorney.
(l)
Any additional data, reports, or information as required by the public
works director or city attorney.
[Ord. No. 1034, § 1.]
The public works director shall review the final subdivision
map and any other required information and the subdivider shall make
corrections and/or additions until acceptable to the public works
director.
[Ord. No. 1034, § 1.]
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. No. 1034, § 1.]
The final map approved by the city engineer as complying with
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 is 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 at its next regular meeting
after the city clerk receives the map. Before approving the final
subdivision, an improvement agreement in accordance with the requirements
of this chapter shall be approved.
Upon approval of the subdivision improvement agreement and final
map, the city council shall instruct the city clerk to execute the
agreement on behalf of the city. With the approval of the final map,
the city council shall also accept, conditionally accept, or reject
any offer of dedication. The city clerk shall certify on the final
map the action by the city council. If at the time the final map is
approved, any offers of dedication including but not limited to streets,
paths, alleys, public utility easements, rights-of-way for local transit
facilities, or storm drainage easements are not accepted by the city
council, the offer of dedication shall remain open. The city council
may, by resolution at any later date, and without further action by
the subdivider, rescind its action and accept and open the offer of
dedication including but not limited to streets, paths, alleys, rights-of-way
for local transit facilities, or storm drainage easements, 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.
If the subdivision improvement agreement and/or final map is
unacceptable, the city council shall make its recommended corrections,
instruct the public works director 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 or installation of off-site improvements
on land which neither the subdivider nor the city has sufficient title
or interest to permit the improvements to be made. In such a case,
the city shall require the use of an improvement and acquisition agreement.
[Ord. No. 1034, § 1.]
The city council shall not deny approval of the final map if
the city has previously approved a tentative map for the proposed
subdivision and if the city council finds that the final map is in
compliance with the requirements of the Subdivision Map Act, this
chapter, and the tentative map and all conditions thereof.
[Ord. No. 1034, § 1.]
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 the provisions of the Subdivision Map
Act, transmit the map, or have an authorized agent forward the map,
to the county recorder.
