The Secretary of the Planning Commission upon receiving the final map from the subdivider or his/her agent, shall examine the name to determine whether said map conforms with the tentative map and with all changes and requirements imposed as a condition to the acceptance of said tentative map by the Planning Commission. If it is determined that the final map does not conform, the subdivider shall be advised of the changes or additions that are still required before the final map can be certified by the Secretary. If the map does conform, the Secretary shall certify approval thereon.
A. Approval of the City Engineer. Upon approval by the Secretary of the Planning Commission, the final map and other data shall be submitted to the City Engineer, who shall examine and determine that the subdivision as shown is substantially the same as it appeared on the tentative map and approve that all the provisions of the law and this title applicable at the time of approval of the tentative map have been complied with and that he is satisfied that the map is technically correct. If the City Engineer shall determine that full conformity therewith has been made, he shall so certify on said map, otherwise it shall be immediately returned to the subdivider or his agent for correction.
B. Approval by the City Council, Recordation. At its first regular meeting following the filing of the final map with the City Clerk, the City Council shall consider said map, the plan of subdivision and the offers of dedications. The Council may reject any or all offers of dedications. In the event that all improvements required or conditions imposed upon approval under the terms of this title or by law are not completed before the filing of the final map, the City Council may enter into an agreement with the subdivider for posting a bond or cash deposit to guarantee the making and completion of such improvements. In such cases, when the agreement and bond or deposits have been approved by the City Attorney as to form, and by the City Engineer as to sufficiency, the City Council may consider the final map.
1. The Council shall approve said map if it is determined to be in conformity to the requirements of this title. The Council shall disapprove said map if it is determined to be not in conformity to this title and shall advise the subdivider of its disapproval, and the reason or reasons therefor. Within 30 days the subdivider may file with the City Engineer a map altered to conform to the requirements of the City Council.
2. The City Clerk, upon the approval of the final map, the receipt of the required fees, and after the signatures and seals have been affixed, shall transmit or release the map to the County Recorder for recording. No map shall have any force or effect and no title to any property described in any offer of dedication shall pass until the recordation is complete.
3. After said map has been recorded, the subdivider shall file a certified copy thereof with the City Clerk.
C. Agreement for Improvements. Prior to the approval of the Council of the final map, the subdivider shall execute and file an agreement between himself and the City specifying the period within which he shall complete all improvement work to the satisfaction of the City Engineer and providing that if he shall fail to complete such work within such period the City may complete the work and recover full cost and expense thereof from the subdivider. Such agreement may also provide for construction of improvements in units, the extension of time under conditions specified, progress payment from deposit or bond.
D. Bond. The subdivider shall also file with the aforesaid agreement, to insure his full and faithful performance thereof, a bond in an amount deemed sufficient by the City Engineer, to cover the cost of said improvements, engineering, inspection and incidental expenses. Such bond shall be executed by a surety company authorized to transact a surety business in the State of California and must be satisfactory to and be approved by the City Attorney as to form. In lieu of said bond the subdivider may deposit with the City a sum of money in an amount fixed as aforesaid by the City Engineer.
1. In the event the subdivider shall fail to complete all improvement work in accordance with the provisions of this title, and the City shall have to complete same or if the subdivider shall fail to reimburse the City for the cost of inspection, engineering, and general expenses, the City shall call on the surety for reimbursement, or shall appropriate, from any cash deposits, funds for reimbursement. If the amount of surety bond or cash deposit shall exceed all cost and expense incurred by the City, it shall release the remainder of such bond or cash deposit and should such bond or deposit be less than the cost and expense incurred by the City, the subdivider shall be liable to the City for such difference.
2. No extension of time, progress payments from cash deposits or release of surety bond or cash deposit shall be made except upon certification by the City Engineer that work covered thereby has been satisfactorily completed and upon approval of the Council.
(Ord. 77-19, 5-24-1977; Ord. 2014-9 § 3, 10-28-2014)