A. To
establish the form, contents, accompanying data, and filing of the
final and parcel map hereinafter referred to as a “final map”
in conformance with the provisions of the Subdivision Map Act and
this chapter.
B. Final
maps shall be prepared by or under the direction of a registered civil
engineer or licensed land surveyor, in compliance with the applicable
sections of the
Business and Professions Code of the State of California.
(Prior code § 159.48.010)
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 of tentative map application filing, notifies the Department in writing of the subdivider’s intention to file multiple final maps on the tentative map, pursuant to Section
16.24.120(F). In providing the notice, the subdivider shall not, at that time, be required to define the number or configuration of the proposed multiple maps.
B. 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.
(Prior code § 159.48.020)
A. Accurate
and complete surveys 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
1/10,000 for field closures and 1/20,000 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 California Business and Professions
Code so that another engineer or surveyor may readily retrace the
survey, pursuant to Subdivision Map Act Sections 66495 and 66496.
At least 1 exterior boundary line shall be monumented prior to recording
the final map. Other monuments shall be set as follows:
1. Lot
corners: 1-inch iron pipe, 30 inches long, set 12 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 along the
prolongation of the lot line as approved by the City Engineer. Such
monument shall be noted on the subdivision map.
2. Subdivision
boundary corners: 2-inch iron pipe, 30 inches long, set 12 inches
below ground level.
3. Private
street intersection centerlines, angle points, beginnings and endings
of curves: 1-inch iron pipe, 30 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: 1-inch iron pipe, 30 inches long, set flush with ground
level if pavement, set 12 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, 8 1/2 by 11 inches, depicting the tie information, stamped
and signed by the surveyor or engineer.
(Prior code § 159.48.030)
The form of the final map shall comply with the Subdivision
Map Act and as follows:
A. Final
maps shall be legibly drawn, printed, or reproduced by a process guaranteeing
a permanent record in black on polyester base film. Certificates,
affidavits and acknowledgments 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. Map
sheet shall be 18 inches by 26 inches. A marginal line shall be drawn
completely around each sheet, leaving an entirely blank margin of
1 inch. The scale of the map shall be an engineering scale and not
less than 1inch equals 100 feet 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 through the
use of match lines or similar notations. When 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 1/8 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 Subdivision Map Act Section
66434 and as approved by the City Engineer.
(Prior code § 159.48.040)
The contents of the final map shall comply with the Subdivision
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 Desert Hot Springs, Riverside County, California.”
C. Certificates
and Acknowledgments. All certificates and acknowledgments shall be
made pursuant to Subdivision Map Act Sections 66433 et seq. and as
approved by the City Engineer, and shall appear only once on the cover
sheet.
D. Scale,
North Point and Basis of Bearings. The scale and north point shall
appear on each map sheet. The basis of bearings shall appear on the
title map sheet and each subsequent sheet or referenced on each subsequent
sheet. The basis of bearing shall be based on Zone 5 of the California
Coordinate System unless otherwise 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 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:
1. The
intersection of street centerlines;
2. The
intersection of a street centerline and subdivision boundary;
3. Beginning
and end of curves or intersection of tangents on centerlines;
4. Each
lot/parcel corner; and
5. At
other locations as may be required by the City Engineer.
G. Lot
Numbers. Lot numbers shall begin with the number 1 in each subdivision
and shall continue consecutively with no omissions or duplications
except where contiguous lands, under the same ownerships, are being
subdivided in successive units, in which event, lot numbers may begin
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,” etc. and shall continue
consecutively with no omissions or duplications. Each lot shall be
shown entirely on 1 sheet of the final map, unless otherwise 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 the subdivision; and if no subdivision is adjacent, then by
reference to the last 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, 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.
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 City
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.
(Prior code § 159.48.050)
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 and, where applicable, the City Attorney:
A. Improvement Plans. Improvement plans pursuant to Chapter
16.08.
B. Soils Report. A soils report prepared pursuant to Section
16.24.120.
C. Title
Report. A title report showing the legal owners at the time of submittal
of the final map, to be current within 90 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 purposed 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 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, 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 and/or City Engineer.
I. Guarantee
of Title. 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 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
16.04.010 have not been completed prior to the presentation of the final map, an agreement pursuant to the requirements of Section
16.08.050 shall be filed for the improvement thereof. The subdivider shall secure the performance of the agreement pursuant to the requirements of Sections
16.08.060—
16.08.100.
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 related
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 City Engineer.
L. Any
additional data, reports, or information as required by the City Engineer.
(Prior code § 159.48.060)
A. The
final map and any other required information shall be reviewed by
the City Engineer, and the subdivider shall make corrections and/or
additions until acceptable to the City Engineer.
B. The
original tracing of the map and any duplicates shall submit by the
subdivider to the City Engineer 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 City Engineer shall sign the appropriate certificates and transmit
the original map to the City Clerk or maintain same in the City Engineer’s
office, as deemed appropriate by the City.
(Prior code § 159.48.070)
A. The final map approved by the City 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
16.08.050.
B. If
the subdivision improvement agreement and final map are approved by
the Council, the Mayor 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 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 not in substantial
compliance with the approved tentative map, the Council shall deny
the agreement and/or final map.
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. 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 Subdivision
Map Act, this Zoning Ordinance, and the tentative map and all conditions
thereof.
(Prior code § 159.48.080)
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 Subdivision Map Act Section
66464, transmit the map, or have an authorized agent forward the map,
to the County Recorder.
(Prior code § 159.48.100)
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 Subdivision Map Act Section 66451.11.
B. Merger
Without Final Map.
1. Upon
application by the property owner, on a form approved by the City
Engineer, contiguous parcels under the same ownership may be merged
without filing a map for a 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.
2. The
City Engineer shall have the authority to approve mergers, and no
final map shall be required provided the merger does not involve the
following:
a. Streets or other easements to be vacated;
b. Release of previously posted agreements or securities for improvements;
c. Release of previously paid fees or deposits made pursuant to the
division of the parcels to be merged; and/or
d. Merger of more than 4 parcels.
3. Upon
approval of a merger, the City 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 City Engineer, and
which shall be recorded with the County Recorder.
(Prior code § 159.48.110)
Procedures outlined in this section shall govern the processing
of and requirements for lot line or boundary adjustments, pursuant
to Subdivision Map Act Section 66412(d). Any adjustment may be filed
pursuant to the provisions of this section to adjust the boundaries
between 2 or more adjacent parcels, where the land taken from 1 parcel
is added to an adjacent parcel, and where a greater or lesser number
of parcels than originally existed is not created, provided the Director
determines that the proposed adjustment does not:
A. Create
any additional or fewer parcels;
B. Include
any parcels which are not legal as defined in the City municipal code:
C. Impair
any existing access or create need for new access to any adjacent
parcels;
D. Impair
any existing easements or create a need for any new easements serving
any adjacent parcels;
E. Increase
or decrease the gross area of any property involved by more than 20%;
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 Director determines the proposed adjustment
will not significantly affect the covenant of improvement requirements.
(Prior code § 159.48.120)
A. Subdivided
real property may be reverted to acreage, pursuant to Subdivision
Map Section 66499.11 et seq. and this Development Code. This section
shall apply to final and parcel maps.
B. Subdivided
lands may be merged and resubdivided without reverting to acreage,
pursuant to Subdivision Map Act Section 66499.20 1/2.
C. An application for reversion to acreage shall be filed with the Department and reviewed by the City Engineer. A public hearing shall be held by the Commission on all proposed reversions to acreage. Notice of public hearing shall be given by the Department, pursuant to Chapter
17.104.
(Prior code § 159.48.130)
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 Subdivision Map Act Section 66469 et seq.
B. The
certificate of correction or amending map shall be submitted to the
City Engineer pursuant to Subdivision Map Act Section 66471.
(Prior code § 159.48.140)
Any person owning real property within the City may request
whether the property complies with the provisions of the Subdivision
Map Act and the municipal code. Upon making this determination, the
City Engineer shall cause a Certificate of Compliance, with or without
conditions, to be filed for recordation with the office of the County
Recorder, pursuant to Subdivision Map Act Section 66499.35. Any person
requesting a Certificate of Compliance shall pay the applicable application
and engineering fee(s).
(Prior code § 159.48.150)