The final map is the instrument which, upon approval by the City Council and recordation with the County recorder, provides for the dedication of streets, ways and other public uses; establishes the legal descriptions by which real property interests within the subdivision may be conveyed; and indicates utilities, facilities and improvements required in connection with the development of the subdivision.
(Ord. 84-4 Div. B, Part 3 §1)
A final map conforming to the tentative map as approved, or conditionally approved, shall be filed with the City Engineer within 18 months of the date of approval of the tentative map or as otherwise provided in accordance with the terms of the ordinance codified in this title. Neither the developer nor the City shall make, or cause to be made, any changes or requirements at the final map stage which are not in conformance with City standards or the conditions of approval of the tentative subdivision map.
(Ord. 84-4 Div. B, Part 3 §2)
A survey and final map of the entire subdivision, or of each unit of a segmented subdivision, shall be prepared by an engineer or surveyor, in accordance with the provisions of this title.
(Ord. 84-4 Div. B, Part 3 §3 (1))
The final map shall be clearly and legibly drawn in black, waterproof, opaque, permanent ink on good quality tracing cloth or other material approved by the City Engineer. The dimensions of each sheet of the map shall be 18 inches by 26 inches. A margin line shall be drawn completely on each sheet, leaving an entirely black margin of one inch on all sides. The map shall be drawn according to an engineer's scale at a scale between one inch equals 100 feet and one inch equals 40 feet. The number of each sheet and the total number of sheets comprising the map shall be indicated on each of the sheets. The relationship of each sheet to the other shall be clearly shown by a key on each sheet. Each sheet of the map shall show the date of the survey, north point, and written and graphic scale. The map shall be so made and shall be in such condition when filed that good legible prints and negatives can be made therefrom.
(Ord. 84-4 Div. B, Part 3 §3(2))
Unless allowed elsewhere by the City Engineer, the title block of each sheet of the final map shall contain the approved name, unit number and tract number of the subdivision conspicuously placed on the lower right hand corner of the sheet, and followed by the words, "City of Sand City."
(Ord. 84-4 Div. B, Part 3 §3(3))
Wherever the City Engineer has established a system of coordinates, the survey shall be tied into such system as required.
(Ord. 84-4 Div. B, Part 3 §3(4))
The certificate sheet of the final map shall show the name of the engineer or surveyor, date of the survey, map scale and the number of attached sheets. The following certificates, acknowledgments and descriptions shall appear on the certificate sheet of the final map and may be combined where appropriate. Specific wording of certificates may be established by subsequent resolutions of the City Council.
A. 
Certificates by parties holding title: a certificate signed and acknowledged by all parties having and recorded title interest in the subdivision, consenting to the preparation and recording of the final map. Signatures of parties who own the following types of interests may be omitted if their names and the nature of their interests are set forth on the map:
1. 
Rights-of-way, easements or other interests, 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 and where signatures are impossible or impractical to obtain. In this case, a reasonable statement of the circumstances preventing the procurement of such signatures shall also be set forth on the map,
3. 
Patent rights of the United States or of the State;
B. 
Dedication certificates: a signed and acknowledged dedication certificate of all land parcels shown on the final map intended for any public use. This shall not include parcels intended for the exclusive use of the owners of the subdivision lots, their licensees, visitors, tenants and employees;
C. 
Engineer's certificate: a certificate by the engineer of the surveyor responsible for the survey and the final map. The signature of each engineer or surveyor must be attested, unless it is accompanied by his or her seal;
D. 
Certificates for execution by each of the following:
1. 
City Engineer,
2. 
Planning Director,
3. 
City Clerk,
4. 
County recorder;
E. 
Certificate restricting traffic: a certificate waiving access rights across the right-of-way lines of streets, or the freeway, where required as a condition of approval;
F. 
Description of property: a legal description of all property being subdivided shall be submitted. Property being subdivided, which has been previously recorded or filed, may be described by map or deed reference. The description of an area vacated and abandoned shall also include the number of the Council resolution ordering its vacation and abandonment;
G. 
Other affidavits, etc.: Such other affidavits, certificates, acknowledgments, endorsements and notarial seals required by law and by this title.
(Ord. 84-4 Div. B, Part 3 §3(5))
An accurate and complete boundary survey shall be made of the land to be subdivided. A traverse of the exterior boundaries of the tract, and of each block, when computed from field measurements on the ground, must close within a limit of one foot to 10,000 feet of perimeter. The boundary of the subdivision shall be indicated on the final map by a colored line approximately one-sixteenth (1/16) of an inch wide. All areas shown on the map which do not constitute a part of the subdivision, shall be labeled, "Not a part of this subdivision." All lines delineating such areas shall be dashed.
(Ord. 84-4 Div. B, Part 3 §3(6))
The final map shall show all survey, mathematical and other data necessary to locate all monuments; and to locate and retrace all interior and exterior boundary lines appearing thereon, including bearings and distances of straight lines, and complete curve data for all curves.
(Ord. 84-4 Div. B, Part 3 §3(7))
Sufficient line, angle and curve data shall be shown so that the bearing and the length of boundary lines of every block, lot and parcel may be readily determined. Wherever practicable, blocks, lots and parcels shall be shown in their entirety on one sheet; when shown on two or more sheets, sufficient data shall be shown on each sheet so that the bearing and the length of the boundary lines may be readily determined. No ditto lines shall be used for lot dimensions. Lot numbers shall begin with the numeral "1" and shall continue consecutively throughout the tract, with no omissions or duplications.
(Ord. 84-4 Div. B, Part 3 §3(8))
The map shall show the right-of-way lines, widths and locations of all existing and proposed public streets within and immediately adjacent to the property being subdivided. Wherever the centerline of a public street has been previously established or recorded, the recordation data shall be shown on the final map.
(Ord. 84-4 Div. B, Part 3 §3 (9))
All easements shall be identified and clearly labeled. The side lines of all easements shall be shown by fine dotted lines. Distances and bearings of lot side lines cut by easements shall be shown so that the actual lengths of the lot lines shall be clearly indicated. The widths of all proposed easements, and sufficient ties to locate them definitely in the subdivision, shall be shown. Wherever easements previously have been established or recorded, the recordation data shall be shown on the final map. If such easements cannot be definitely located, a statement of their existence, nature and recorded references shall be included in the owner's certificate of dedication.
(Ord. 84-4 Div. B, Part 3 §3(10))
The map shall show by a continuous, identified line the high-water line of any body of water within or adjacent to the subdivision; and of any area within the subdivision subject to inundation.
(Ord. 84-4 Div. B, Part 3 §3(11))
The engineer or surveyor preparing the final map shall be responsible for the setting of sufficient monuments to allow another engineer or surveyor to retrace the survey. The final map shall show the following:
A. 
Stakes, monuments or other evidence determining the boundaries of the subdivision where found on the ground. Adjoining subdivisions or portions thereof shall be shown by lot and block numbers, subdivision names, numbers and the place of record; by section, township and range; or by other proper designation;
B. 
All monuments placed in making the survey. If any points were reset by ties, that fact shall be stated;
C. 
Concrete monuments, set in accordance with the Standard Specifications. Such monuments shall be set at intersections of street centerline tangents, or offsets therefrom, as directed by the City Engineer;
D. 
Permanent monuments, each not less substantial than a two inch galvanized pipe 30 inches long, shall be set at all corners or the exterior boundary of the subdivision, at all block-corners and at the beginning and ending of all curves. However a 1/2 inch galvanized pipe, 30 inches long, may be substituted for the two inch pipe at the beginning and the ending of all curves within the subdivision, provided that centerline concrete monuments are set opposite all such points;
E. 
Permanent monuments, each not less substantial than a 1/2 inch galvanized pipe, 30 inches long, shall be set at all lot corners.
(Ord. 84-4 Div. B, Part 3 §3(12))
Prior to or concurrently with the submission of the final map, but prior to the issuance of any permits, the subdivider shall submit detailed improvement plans, including final grading plans, crosssections, profiles, final soils report, estimated costs and specifications of the improvements installed, or proposed to be installed, as required by the provisions of this title and of all other improvements installed, or proposed to be installed in, on, over or under any street right-of-way, easement or parcel of land dedicated by the map or previously dedicated. All such plans shall be prepared on reproducible transparent materials by an engineer, in accordance with the requirements of the City Engineer. Sheets shall be 24 inches by 36 inches in size, with a two inch left margin and drawn to a horizontal scale of one inch equals 40 feet and a vertical scale of one inch equals four feet or in accordance with such variations as may be allowed by the City Engineer.
(Ord. 84-4 Div. B, Part 3 §3(13))
The subdivider shall submit to the City Engineer the following documents with the final map:
A. 
Electronic Closure Sheets. The originals of the electronically computed closure sheets for the entire subdivision area, as well as for the individual lots and blocks within the subdivision. Such sheets will not be required, if not more than five lots in the subdivision are irregular (not rectangular) in shape;
B. 
Design Data. Design data, assumptions and computations for proper analysis shall be in proper accord with sound engineering practice and approved by the City Engineer. Copies of computations shall be submitted to the City Engineer for approval;
C. 
Report and Guarantee of Clear Title. The final map shall be accompanied by a report prepared by a State-licensed title company, naming all persons necessary to give clear title to the subdivision. At the time the final map is recorded, the subdivider shall transmit to the County recorder a guarantee executed by such a title company as evidence that the parties consenting to the preparation and recordation of said map, and to those offering streets, easements, alleys and other public places shown thereon for dedication, are all parties having a record title interest in the land being subdivided;
D. 
Agreement and Bonds. The agreement and bonds specified in this title shall accompany the final map;
E. 
Deed Restrictions. Three copies of all proposed deed restrictions, if different from those submitted with the tentative map, shall accompany the final map;
F. 
Miscellaneous. All other data required by law shall accompany the final map.
(Ord. 84-4 Div. B, Part 3 §3(14))
A. 
City Engineer and Planning Director Action.
1. 
The City Engineer shall check and certify the final map for sufficiency of affidavits, offers of dedications, improvement plans and profiles, survey data, and other information required to insure compliance with this title.
2. 
The Planning Director shall check and certify the conformance of the final map to the approved tentative map, or to approved alterations.
3. 
If the final map and the required accompanying data are found to be in compliance with this title and the approved tentative map, the City Engineer, within 30 days of the filing of said map shall so certify. If the map and data are not in compliance, the City Engineer, before taking further action on the map, shall promptly notify the subdivider, who shall make all the necessary changes, additions or corrections.
B. 
City Council Action.
1. 
Approval. The City Council, at its next regular scheduled meeting after receipt of the final map from the City Engineer, shall consider said final map and, upon finding that the map conforms with all the requirements of this title, shall approve said final map. If no action is taken by the City Council within such time limits, or within the time limit extended by mutual consent as set forth herein, the final map shall be deemed to be approved provided that said map conforms to all the requirements herein. If the map is found not to be in conformity, it shall be disapproved and the Council shall promptly notify the subdivider the reasons therefor.
2. 
Conformance with Tentative Map.
a. 
The final map shall be denied by the City Council only for failure to meet or perform requirements or conditions which were applicable to the subdivision at the time of approval of the tentative map.
b. 
The City Council shall not deny the final map if it has approved a tentative map for the proposed subdivision and it finds the map is in substantial compliance with the previously approved tentative map.
3. 
Acceptance of Dedication and Improvement Agreement. At the time of the approval of the final map, the City Council also shall accept or reject any or all offers of dedication. As a condition precedent to recordation of the final map by the City Clerk, the City Council shall enter into an agreement with the subdivider requiring that he or she shall improve the streets, easements and dedications, unless such streets, easements and dedications already have been improved.
a. 
Said agreement shall include, but is not necessarily limited to:
i. 
Mutually agreeable terms to improve said dedications at the subdivider's expense;
ii. 
A statement indicating the period of time, satisfactory to the City Engineer, within which the subdivider shall complete all improvement work;
iii. 
A provision that if the subdivider fails to complete the work within the said period of time, the City may complete the improvement work and recover the full cost and expense thereof from him or her or his/her surety;
iv. 
Provisions for the repair and replacement of defective material and workmanship of said improvements by the subdivider, for a period of 12 months after the Council improvement acceptance date;
v. 
Provisions for the inspection of all improvements of the subdivider for a period of 12 months after the Council improvement acceptance date.
b. 
Said agreement may also provide for:
i. 
Construction of the improvements by units;
ii. 
Extension of time, under the conditions herein specified;
iii. 
Release or partial release of improvement security to the subdivider, for improvements installed. The total of any partial progress payments shall not exceed 90% of the value of the work installed.
c. 
City Clerk Action. At the time of the approval of the final map and the acceptance of the dedication and improvement agreement, the City Clerk shall certify as to such approval thereon; and, upon receipt of the necessary recording fee from the subdivider, shall forward the approved original map in a reproducible form to the County recorder for recordation. The final map shall be forwarded to the County recorder by the City Clerk within 10 days of its approval or conditional approval by the City Council. No final map shall have any force or effect and no title to any property described therein shall pass until the final map is recorded.
(Ord. 84-4 Div. B, Part 3 §4)
A. 
Required. Any improvement agreement, contract or act required or authorized by the Subdivision Map Act, for which security is required, shall be secured in the manner provided for in Section 66499 of the Subdivision Map Act.
B. 
Amount. The subdivider shall file with the improvement agreement an improvement security in the amount and for the following purposes:
1. 
An amount equal to 100% of the total estimated cost of the improvement or of the act to be performed, conditioned upon the faithful performance of the act or agreement;
2. 
An amount equal to 100% of the total estimated cost of the improvement or the performance of the required act, securing payment to the contractor, his or her subcontractors, and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act, or as otherwise provided in the subdivider's agreement;
3. 
An amount determined by the City Council to be necessary for the guarantee and warranty of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished;
4. 
If the improvement security is other than a bond or bonds furnished by duly authorized corporate surety, an additional amount shall be included as determined by the City Council as necessary to cover the cost and reasonable expenses and fees, including reasonable attorney's fees, which may be incurred by the City in successfully enforcing the obligation secured;
5. 
The improvement security shall also secure the faithful performance of any changes or alterations in the work to the extent that such changes or alterations do not exceed 10% of the original estimated cost of the improvement.
C. 
Type. Improvement security as used in this section means one or more of the following:
1. 
A cash deposit made to the City;
2. 
A bond secured by one or more duly authorized corporate sureties;
3. 
An instrument of credit from a financial institution subject to state or federal regulations pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment for the purposes set forth in the instrument;
4. 
A lien upon the property to be divided, created by contract between the owner and the City, if the City finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map;
5. 
Any form of security, including security interests in real property, which is acceptable to the City.
Any written contract or security interest in real property entered into as security for performance shall be recorded with the County Recorder. From the time of recordation of the written contract or document creating a security interest, a lien shall attach to the real property particularly described therein and shall have the priority of a judgment lien in an amount necessary to complete the agreed upon improvements. The recorded contract or security document shall be indexed in the grantor index to the names of all record owners of the real property as specified on the map in the grantee index to the City.
The City may at any time release all or any portion of the property subject to any lien or security interest created by this subdivision or subordinate the lien or security interest to other liens or encumbrances if it determines that security for performance is sufficiently secured by a lien on other property or that the release or subordination of the lien will not jeopardize the completion of agreed upon improvements.
D. 
Special Assessment Proceeding—Reduction. In the event the required subdivision improvements are financed and installed pursuant to special assessment proceedings, the subdivider may apply to the City Council for a reduction in the amount of the improvement security required hereunder up to an amount corresponding to the amount of faithful performance and labor and material bonds required by the special assessment act being used. The City Council may grant such reduction if it finds that such bonds have been in fact provided and that the obligations secured thereby are substantially equivalent to that required by this title.
E. 
Release. The improvement security required hereunder shall be released in the following manner:
1. 
Security given for faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work.
2. 
The City Council may release a portion of the security in conjunction with the acceptance of the performance of the act or work as it progresses upon application therefor by the subdivider. In no event shall the City Council authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the act or work and any other obligation imposed by this title, the Subdivision Map Act or the improvement agreement.
3. 
Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment, may, six months after the completion and acceptance of the act or work, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the legislative body, plus an amount reasonably determined by the City Council to be required to assure the performance of any other obligations secured thereby. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.
4. 
No security given for the guaranty or warranty of work shall be released until the expiration of the period thereof.
F. 
Forfeiture. In the event that the subdivider fails to complete all improvement work agreed upon, or required in accordance with the provisions of this title, and the City must complete said work, the City shall call on the surety company for reimbursement, or shall appropriate funds for reimbursement from any cash deposits. If the amount of the surety bond or the cash deposit exceeds all costs and expenses incurred by said work, the City shall release the remainder of the bonds or of the cash deposit to the subdivider. If the amount of the surety bond or of the cash deposit is less than the costs and expenses incurred by the City for the work, the subdivider shall be liable to the City for the difference.
(Ord. 84-4 Div. B, Part 3 §5)
The subdivider shall furnish the City a separate bond issued by a duly authorized corporate surety, or a cash deposit, in an amount equal to the estimated cost of the final survey and setting of monuments required herein. Upon payment to the engineer or the surveyor for setting the final monuments, the subdivider shall present to the City Council evidence of such payment and receipt thereof signed by the engineer or the surveyor, together with a request that his or her bond be released, or that the cash deposit be returned. The bond shall be released, or said cash deposit shall be returned to the depositor, at the earliest possible date.
(Ord. 84-4 Div. B, Part 3 §6)
Checking, recording and inspection fees in an amount or amounts set by resolution of the City Council shall be submitted at the time of filing of the final map.
(Ord. 84-4 Div. B, Part 3 §7)
Requirements. As a condition of approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets, alleys, including access rights and abutters' rights, drainage, public utility easements and other public easements. Vertical and lateral access easements shall be dedicated or granted to the public unless otherwise specified in the local coastal program and in the approval of the tentative map. In addition, the subdivider shall improve or agree to improve all streets, alleys, including access rights and abutters' rights, drainage, public utility easements and other public easements.
(Ord. 84-4 Div. B, Part 3 §8)
Prior to filing of any final map or parcel map, the subdivider shall pay or cause to be paid any fees for defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and stormwaters from local or neighborhood drainage areas or sanitary sewer facilities for local sanitary sewer areas.
(Ord. 84-4 Div. B, Part 3 §9)
A. 
Required. The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map, and thereafter to dedicate such improvements to the public. However, the subdivider shall be reimbursed for the portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements pursuant to the provisions of the Subdivision Map Act.
B. 
Reimbursement Agreement—Funding Procedures. No charge, area of benefit or local benefit district shall be established unless and until a hearing is held thereon by the City Council and the City Council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.
In addition to a hearing notice, written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment roll, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the City Clerk at least 10 days prior to the date established for hearing.
C. 
Drainage, Sewerage, Bridges and Major Thoroughfares. If the City has adopted a local drainage or sanitary sewer plan or map as required for the imposition of fees therefor, or has established an area of benefit for bridges or major thoroughfares as provided in this title, the City may impose a reasonable charge on property within the area benefited and may provide for the collection of said charge as set forth in this title. The City may enter into reimbursement agreements with a subdivider who constructs said facilities, bridges or thoroughfares and the charges collected by the City therefor may be utilized to reimburse the subdivider as set forth herein.
(Ord. 84-4 Div. B, Part 3 §10)
A. 
Reversions to Acreage by Final Map. Subdivided property may be reverted to acreage pursuant to provisions of this section.
B. 
Initiation of Proceedings by Owners. Proceedings to revert subdivided property to acreage may be initiated by petition of all the owners of record of the property. The petition shall be in a form prescribed by the Planning Director. The petition shall contain the information required by subsection D of this section and such other information as required by the Planning Director.
C. 
Initiation of Proceedings by City Council. The City Council at the request of any person or on its own motion may by resolution initiate proceedings to revert property to acreage. The City Council shall direct the Planning Director to obtain the necessary information to initiate and conduct the proceedings.
D. 
Data for Reversion to Acreage. Petitioners shall file the following:
1. 
Evidence of title to the real property;
2. 
Evidence of the consent of all of the owners of an interest(s) in the property; or
3. 
Evidence that none of the improvements required to be made have been made within two years from the date the final map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or
4. 
Evidence that no lots shown on the final or parcel map have been sold within five years from the date such final or parcel map was filed for record;
5. 
A tentative map;
6. 
A final map which delineates dedications which will not be vacated and dedications required as a condition to reversion.
E. 
Fees. A filing fee, in an amount set by resolution of the City Council, shall be submitted with a petition to revert property to acreage.
F. 
Proceedings Before the City Council. A public hearing shall be held before the City Council on all petitions for initiations for reversions to acreage. Notice of the public hearing shall be given as provided in Section 66451.3 of the Government Code. The City Council may give such other notice as deemed necessary or advisable.
The City Council may approve a reversion to acreage only if it finds and records in writing that:
1. 
Dedications of offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and
2. 
Either:
a. 
All owners of an interest in the real property within the subdivision have consented to reversion; or
b. 
None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later;
c. 
No lots shown on the final or parcel map have been sold within five years from the date such map was filed for record.
3. 
The City Council may require as conditions of the reversion:
a. 
The owners dedicate or offer to dedicate streets or easements;
b. 
The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if the same are necessary to accomplish any of the provisions of this title.
G. 
Return of Fees—Deposits—Release of Securities. Except as provided in subsection F of this section, upon filing of the final map for reversion of acreage with the County recorder, all fees and deposits shall be returned to the subdivider and all improvement securities shall be released by the City Council.
H. 
Delivery of Final Map. After the hearing before the City Council and approval of the reversion, the final map shall be delivered to the County recorder.
I. 
Effect of Filing Reversion Map with the County Recorder. Reversion shall be effective upon the final map being filed for record by the County recorder. Upon filing, all dedications and offers of dedication not shown on the final map for reversion shall be of no further force and effect.
(Ord. 84-4 Div. B, Part 3 §11)