A.
The
form, contents, accompanying data, and filing of the final and parcel
map hereinafter referred to as a "final map" shall conform to the
provisions of the Map Act and this chapter.
B.
The
final map shall be prepared by or under the direction of a registered
civil engineer or licensed land survey- or, in accordance with the
applicable sections of the Business and Professions Code of the state
of California.
(Ord. 469 § 1, 1990)
A.
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 department in writing of the subdivider's intention to file multiple final maps on the tentative map, pursuant to Section 16.12.030(F). In providing the notice, the subdivider shall not be required to define the number or configuration of the proposed multiple maps. The planning commission shall approve the sequence of map approvals.
B.
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 entire subdivision.
(Ord. 469 § 1, 1990; Ord. 645 § 3 Exh. C, 1996; Ord. 652 § 3 Exh. C, 1996)
A.
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, 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 one ten-thousandth for field closures and one twenty-thousandth
for calculated closures.
B.
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,
pursuant to Map Act Sections 66495 and 66496. At least one exterior
boundary line shall be monumented prior to recording the final map.
Other monuments shall be set as follows:
1.
Lot
corners: One-inch iron pipe, thirty inches long, set twelve inches
below ground level. Except, corners of lots fronting on streets may
be marked by an offset lead and tag set in the permanent concrete
curb as approved by the engineer. Such offset shall be noted on the
subdivision map;
2.
Subdivision
boundary corners: Two-inch iron pipe, thirty inches long, set twelve
inches below ground level;
3.
Private
street intersection centerlines, angle points, and beginning and endings
of curves: one-inch iron pipe, thirty inches long, set flush with
ground level;
4.
Public
street intersection centerlines, angle points, beginnings and endings
of curves, subdivision boundary and section quarter corners with street
intersection: One-inch iron pipe, thirty inches long, set flush with
ground level if pavement, set twelve inches below ground level if
soil. Except, major street intersections and section corners shall
be monumented with a city standard well monument set flush with ground
level. All street monuments shall be tied to lead and tag set in permanent
concrete curbs. Notes for ties shall be provided to the city on standard
survey note paper, eight and one-half by eleven inches, depicting
the tie information, stamped and signed by the surveyor or engineer.
(Ord. 469 § 1, 1990)
The form of the final map shall comply with the 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 polyester base film. Certificates,
affidavits and acknowledgements may be legibly stamped or printed
upon the map with opaque indelible 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 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
an engineering scale and 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 a 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 in
compliance with Map Act Section 66434 and as approved by the engineer.
(Ord. 469 § 1, 1990)
The contents of the final map shall comply with the Map Act
and as follows:
A.
Boundary.
The boundary of the subdivision shall be designated by a heavy black
line in 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 Rancho Mirage, Riverside County, California."
C.
Certificates
and Acknowledgments. All certificates and acknowledgements shall be
made pursuant to Map Act Section 66433 et seq., and as approved by
the engineer, and shall appear only once on the cover sheet.
D.
Scale,
North Point and Basis of Bearings. There shall appear on each map
sheet the scale and north point. The basis of bearings shall appear
on the title map sheet and each subsequent sheet or referenced on
each subsequent sheet. The basis of bearings shall be based on Zone
Six of the California Coordinate System unless otherwise approved
by the 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 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 monument types shall be set at the following
locations:
G.
Lot
Numbers. Lot 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 may begin
with the next consecutive number following the last number in the
preceding unit. Nonbuildable, open space and common lot areas shall
be lettered beginning with the letter "A" and shall continue consecutively
with no omissions or duplications. Each lot shall be shown entirely
on one sheet of the final map, unless approved by the 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 the 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.
1.
Easements
and dedications for roads or streets, paths, alleys, utilities, local
transit facilities, stormwater 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.
2.
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).
3.
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.
4.
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 engineer.
5.
Between
the time of the approval of the tentative map and the recordation
of the final map, no easements shall be granted to other agencies
or utility companies which interfere with the city's rights in any
public right-of-way.
L.
Open
Space Areas. Open space areas may be shown, subject to the approval
of the city. Public open space areas shall be dedicated in fee unless
otherwise specified in the approval or conditional approval of the
tentative map. Private open space areas shall be dedicated as open
space easements unless otherwise specified in the approval or conditional
approval of the tentative map.
(Ord. 469 § 1, 1990)
The subdivider shall submit prints of the final map to the engineer
for checking. The preliminary prints shall be accompanied by the following
data, plans, reports and documents in a form as approved by the engineer
and, where applicable, the city attorney:
C.
Title
Report. A title report showing the legal owners at the time of submittal
of the final map, to be current within ninety calendar days;
D.
Tax
Certificate. A certificate from 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, flood flows and retention facilities;
H.
Governing
Documents. The submittal of the final map for a common interest development
within the meaning of Section 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, and
containing all conditions of approval designated to be contained within
the "code, covenants and restrictions." The submittal of the final
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 director, engineer and city attorney;
I.
Guarantee
of Title. A guarantee of title, in form acceptable to the 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 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 required pursuant to Section 16.20.120 have not been completed prior to the presentation of the final map, an agreement pursuant to the requirements of Section 16.20.080 shall be filed for the improvement thereof. The subdivider shall secure the performance of the agreement pursuant to the requirements of Section 16.20.090;
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/her 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 section shall be subject to prior review and approval by the
engineer and city attorney;
L.
Any
additional data, reports, or information as required by the engineer
or city attorney.
(Ord. 469 § 1, 1990)
A.
The
engineer shall review the final map and any other required information
and the subdivider shall make corrections and/or additions until acceptable
to the engineer.
B.
The
subdivider shall submit to the engineer the original tracing of the
map and any duplicates pursuant to city 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.
Upon receipt of all required certificates and submittals, the engineer
shall sign the appropriate certificates and transmit the original
map to the city clerk.
(Ord. 469 § 1, 1990)
A.
The final map approved by the engineer as complying with the approved or conditionally approved tentative map shall be filed with the council for approval after all required certificates have been signed. The date the map shall be deemed filed with the council is the date on which the city clerk receives the map. The council shall consider the final map for approval at its next available regular meeting after the city clerk receives the map. Before approving the final map, the council shall consider approval of the subdivision improvement agreement pursuant to Section 16.20.080.
B.
If
the subdivision improvement agreement and final map are approved by
the council, the city manager shall execute the agreement on behalf
of the city. At the time the council approves the final map, it shall
also accept, accept subject to improvement, or reject any offer of
dedication. The city clerk shall certify on the final map the action
by the council. If at the time the final map is approved, any streets,
paths, alleys, public utility easements, rights-of-way for local transit
facilities, or storm drainage easements are not accepted by the council,
the offer of the dedication shall remain open and the council may,
by resolution at any later date, and without further action by the
subdivider, rescind its action and accept and open the 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.
C.
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.
D.
If
the subdivision improvement agreement and/or final map is unacceptable,
the council shall state its recommended corrections, instruct the
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.
E.
The 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. Consequently, the city shall follow the procedure outlined in Section 16.20.120. Additionally, the 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 council finds that the final map is in compliance with the requirements of the Map Act, this title, and the tentative map and all conditions thereof.
(Ord. 469 § 1, 1990)
Upon approval of the final map by the council, the city clerk
shall execute the appropriate certificate on the certificate sheet
and shall, pursuant to the provisions of Map Act Section 66464, transmit
the map, or have an authorized agent forward the map, to the county
recorder.
(Ord. 469 § 1, 1990)
A.
The
primary purpose of this section is to provide for a merger of parcels
upon application of the property owner without the necessity of processing
a parcel map. The specific requirements for a city-initiated merger
are as follows in compliance with Map Act Section 66451.11.
B.
Merger
Without Final Map.
1.
Application
by Property Owner.
a.
Upon application by the owner, on a form approved by the engineer,
contiguous parcels under the same ownership may be merged without
filing a map for reversion to acreage. The form and content of the
application and the information, data, fees and other details required
for the processing of same, shall be set by council resolution.
b.
The engineer shall have the authority to approve mergers, and no
final map shall be required provided the merger does not involve the
following:
c.
Upon approval of a merger, the engineer shall cause to be prepared
an appropriate instrument describing the parcels to be merged, which
shall be executed by the owner involved and the engineer, and which
shall be recorded with the county recorder.
2.
Initiated
by City.
a.
Two or more contiguous parcels which have been created under the
provisions of Map Act or any prior law regulating the division of
land or by county or city ordinance enacted pursuant thereto, or which
were not subject to such provisions at the time of their creation,
may be deemed merged by the city if all of the following conditions
apply:
i.
Any one of the contiguous parcels does not conform to standards for
minimum parcel size, preventing its use or development in compliance
with the municipal code;
ii.
At least one of the contiguous parcels is not developed with a building
for which a permit has been issued by either the city, or the county;
iii.
The contiguous parcels to be deemed merged are under the same
ownership.
b.
Whenever the city considers that contiguous parcels have merged as
provided in this section, the director shall cause the preparation
of an appropriate instrument describing the real property deemed merged,
and specifying the record owners of the property as listed on the
latest tax roll. The instrument, or notice of merger shall be filed
for record with the county recorder provided that at least thirty
days prior to the recording of the notice, the owner of the parcels
to be affected by the merger is advised of the intention to record
the notice, and the procedures of Map Act Section 66451.11 et seq.
have been followed.
c.
Such notification shall be pursuant to Section 16.22.020. At the public hearing the owner may present evidence to the commission as to why notice should not be recorded.
d.
Unmerger of Parcels. Any parcel for which a notice of merger had
not been recorded on or before January 1, 1984, shall be deemed not
to have merged, pursuant to Map Act Section 66451.30 et seq.
(Ord. 469 § 1, 1990)
The procedure outlined in this section shall govern the processing
of and requirements for boundary adjustments, pursuant to Map Act
Section 66412(d). Any adjustment may be filed pursuant to the provisions
of this section to adjust the boundaries between two or more adjacent
parcels, where the land taken from one parcel is added to an adjacent
parcel, and where a greater or lesser number of parcels than originally
existed is not created, provided the engineer determines that the
proposed boundary adjustment conforms to the General Plan, any applicable
specific plan and zoning and building ordinances, and provided the
proposed boundary adjustment does not:
A.
Create
any additional or fewer parcels;
B.
Include
any parcels which are not legal as defined in the municipal code;
C.
Impair
any existing access or create a need for new access to any adjacent
parcels;
D.
Impair
any existing easements or prospective easements or create a need for
any new or amended easements serving or burdening any adjacent parcels;
E.
Increase
or decrease the gross area of any property, in such a manner that
will require a modification to an existing development plan or other
land use entitlement, including but not limited to any specific plan
applicable to any of the affected parcels;
F.
Require
substantial alteration of any existing improvements or create a need
for any new improvements; and
G.
Adjust
the boundary between parcels for which a covenant of improvement requirements
has been recorded and all required improvements stated therein have
not been completed unless the engineer determines the proposed boundary
adjustment will not significantly affect the covenant of improvement
requirements.
(Ord. 469 § 1, 1990; Ord. 950 § 1, 2007)
A.
Subdivided
real property may be reverted to acreage, pursuant to Map Act Section
66499.11 et seq., and this title. This article shall apply to final
and parcel maps.
B.
Subdivided lands may be merged and resubdivided without reverting to acreage, pursuant to Map Act Section 66499.20 1/2. An application for reversion to acreage shall be filed with the department, and reviewed by the engineer. A public hearing shall be held by the council on all proposed reversions to acreage. Notice of public hearings shall be given by the department, pursuant to Section 16.22.020, legal notice requirements.
(Ord. 469 § 1, 1990)
A.
After
a final or parcel map is filed in the office of the county recorder,
it may be amended by a certificate of correction or an amending map,
pursuant to Map Act Section 66469 et seq.
B.
The
certificate of correction or amending map, shall be submitted to the
engineer, pursuant to Map Act Section 66471.
(Ord. 469 § 1, 1990)
