The requirements and procedures set forth in this Article are supplemental to the Subdivision Map Act.
(a)
The subdivider shall file with the Public Works Director one (1) complete set of original tracings and four (4) complete sets of black and white prints of the final map.
(b)
At the time of filing the final map the subdivider shall pay to the Public Works Director the applicable fee set forth in Article 5 of this Chapter.
(c)
Within three (3) days after the filing of the final map, the Public Works Director shall transmit two (2) copies thereof to the Planning and Development Director.
(d)
A copy of the deed restrictions applicable to the subdivision shall be filed with the Planning and Development Director at the time of filing the final map.
(e)
At the time of filing the final map, the subdivider shall file with the Public Works Director an original and one (1) copy, fully executed by the subdivider, of any covenants, agreements, trusts, or other provision for private road maintenance required by section 7-01-1300 of this Article. The Public Works Director shall transmit the copy forthwith to the Planning and Development Director.
The final map shall conform to all of the following provisions:
(a)
It shall be a map legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film, including affidavits, certificates and acknowledgments, except that such certificates, affidavits and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If polyester base film is used, such film shall be of a washable type and shall have a minimum thickness of four one thousandths (0.004) of an inch. 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 (18) by twenty six (26) inches.
(c)
A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one (1) inch.
(d)
The exterior boundary of the land included within the subdivision shall be indicated by a blue line which shall be approximately one eighth (1/8) of an inch in width.
(e)
The scale of the map shall be one (1) inch equals one hundred (100) feet or a decimal fraction or a multiple of one hundred (100) feet.
(f)
Each sheet shall be numbered, the relation of one sheet to another clearly shown, and the total number of sheets used shall be set forth on each sheet.
(g)
The tract number, scale and north point shall be shown on each sheet. When the subdivider proposes to file more than one final map, relating to an approved or conditionally approved tentative map, the Planning and Development Director shall assign a unit designation for each of said maps, which shall be shown in conjunction with the tract number on the final maps.
(a)
The tract number and the tract name, if any, shall comprise the title.
(b)
Below the title shall be a subtitle consisting of a general description of all the property being subdivided by reference to subdivisions or to sectional surveys.
(c)
References to subdivisions shall be worded identically with original records, with references to the books and pages if the subdivisions are recorded.
(d)
Affidavits, certificates, acknowledgments, endorsements, acceptances of dedication and notarial seals required by the Subdivision Map Act, shall appear on the title sheet.
(e)
The title sheet shall show the basis of bearings.
(f)
A key map showing the proposed subdivision and surrounding subdivisions and streets located within one quarter (1/4) mile radius of the boundaries of the proposed subdivision shall appear on the title sheet.
In addition to providing the information required by the Subdivision Map Act, the final map shall contain the following information:
(a)
The tract number and the tract name, if any, date of preparation, north point, scale and graphic scale.
(b)
The locations and names of streets; the centerlines of streets; the lengths, tangents, radii and central angles and radial bearings of curves; the total width of each street and the width on each side of the centerline; the width of the portion of the street being dedicated and the width of any existing dedication.
(c)
The locations and widths of easements for pedestrian ways that are to be located outside of street rights of way.
(d)
The locations and dimensions of public areas and the net acreage, to the nearest one tenth (1/10) of an acre, contained therein.
(e)
The locations and widths of any easements for bicycle paths that are to be located outside of street rights of way.
(f)
The locations and widths of access rights and easements to and along any public waterway, river or stream, and the locations and widths of access rights to any lake or reservoir owned by a public agency.
(g)
The centerlines, widths and side lines of all easements to which the lots are subject and the date on which each easement was created. If the easement is not definitely located of record, a statement as to the easement shall appear on the title sheet. Easements for storm drains, sewers and other similar purposes shall be denoted by broken lines. Easements shall be clearly labeled and identified and, if already of record, precise reference to the records given. Easements being dedicated shall be referred to in the certificate of dedication.
(h)
Locations and widths of easements for drainage channels and watercourses.
(i)
Locations and widths of easements for public utilities.
(j)
Locations and widths of railroad rights of way.
(k)
Waivers of rights of access to and from streets and lots and other parcels of land.
(l)
Locations and widths of lots to be conveyed to the County pursuant to section 7-01-1270 of this Chapter.
(m)
Locations, widths and names of streets, alleys and pedestrian ways adjacent to the proposed subdivision.
(n)
Locations of city boundary lines.
(o)
The net dimensions of each lot. No ditto marks shall be used. Sufficient data shall be shown to determine readily the bearing and length of each lot line. On lots containing one (1) acre or more, the final map shall show net acreage to the nearest one tenth (1/10) of an acre.
(p)
All lots numbered consecutively, commencing with the number "1," with no omissions or duplications, except for the lots covered by section 7-01-1270 of this Chapter which shall be lettered consecutively, commencing with the letter "A."
(q)
Location of, or reference to, any designated remainder parcel in accordance with section 66434 of the Government Code of the State of California.
(r)
All dimensions in feet and decimals of a foot.
(s)
The following surveying data:
(1)
The radius, tangent, arc, central angle and radial bearings of curves.
(2)
Suitable primary survey control points including section corners and monuments existing outside of the proposed subdivision.
(3)
The character, type and location of all permanent monuments within the proposed subdivision.
(4)
Ties to and names of adjacent subdivisions.
(5)
Ties to any city and county boundary lines involved.
(t)
A notation or reference to the additional information required in section 7-01-1980 of this Article.
(u)
Any additional information which, in the judgment of the body which took final action of the tentative map, affects record title interests shall be shown on the final map.
In accordance with section 66434.2 of the Government Code, the following information shall be filed or recorded simultaneously with the final map. The additional information shall be in the form of a separate document or an additional map sheet which shall indicate its relationship to the final map, and shall contain a statement that the additional information is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest. The document or additional map sheet may also contain a notation that the additional information is derived from public records or reports and does not imply the correctness or sufficiency of those records or reports by the preparer of the document or additional map sheet.
(a)
Locations and widths of drainage channels, watercourses, selected flood lines and proposed flood control works.
(b)
Building setback lines, if required by the body, which took final action on the tentative map.
(c)
If a final geological hydrological report and/or a soil investigation report has been prepared, this fact shall be noted, together with the date of the report, the name of the registered civil engineer or geologist making the report, and the location where the report is on file.
(d)
Any additional information which was required to be filed or recorded with the final map by the body which took final action on the tentative map and which does not affect record title interests.
In making the survey for the subdivision, monuments shall generally be placed at the angle points on the exterior boundary lines of the tract, at the intersections of centerlines of streets and at the beginnings and ends of curves on the centerlines of streets. Monuments may be placed on offset lines. All monuments shall be set not less than eight (8) inches below finished grade and shall be of concrete six (6) inches in diameter and twelve (12) inches in length, or of capped iron pipe two (2) inches in diameter, and twenty four (24) inches in length. Lot stakes shall be set flush to finished grade and shall be of redwood, two (2) inches by twelve (12) inches, of or iron pipe or rod, one half (1/2) inch in diameter and eighteen (18) inches in length. The requirements of this section supplement the requirements of sections 66495-66498 of the Government Code of the State of California.
A complete and accurate survey of the land to be subdivided shall be made by a registered civil engineer or licensed surveyor, in accordance with standard practices and principals of land surveying. Except in mountainous areas, the traverse of the exterior boundaries of a proposed subdivision and of each block and lot shall close within a limit of error of one (1) foot to seven thousand five hundred (7,500) feet of perimeter. In mountainous areas the limit of error shall be one (1) foot to two thousand five hundred (2,500) feet of perimeter.
(a)
In accordance with section 66475 of the Government Code of the State of California, all parcels of land shown on the final map as intended for public use shall be offered for dedication for public use at the time the final map is filed, except those parcels which are intended for the exclusive use of lot owners in the subdivision, their licensees, visitors, tenants and servants.
(b)
All streets, alleys, pedestrian ways, drainage channels, flood control works, easements and other rights of ways shown on the final map as intended for public use, except easements for those public utilities regulated by the Public Utilities Commission of the State of California, shall be offered for dedication for public use at the time the final map is filed.
(c)
All rights of access to and from streets, lots and parcels of land shown on the final map to be surrendered shall be offered for dedication at the time the final map is filed.
(d)
A deed shall be submitted with the final map conveying to the County the lots required to be conveyed to the County by section 7-01-1270 of this Chapter.
(e)
Letters shall be submitted with the final map from the public utilities that will serve the subdivision certifying that satisfactory arrangements have been made with said public utilities for providing utility service and necessary easements therefore to serve each lot within the subdivision.
Pursuant to section 66478 of the Government Code of the State of California, any subdivider who develops or completes the development of one or more subdivisions in one or more school districts maintaining an elementary school, shall dedicate to the school district within which such subdivisions are located, such land as the Board of Supervisors shall deem to be necessary for the purpose of constructing thereon such elementary schools as are necessary to assure the residents of the subdivision of adequate public school service. Such dedications shall not be required by a subdivider who has owned the land being subdivided for more than ten (10) years prior to the filing of the tentative maps. Dedications required by this section shall be subject to all of the terms, conditions and procedures set forth in said section 66478 of the Government Code.
The subdivider shall improve all lands dedicated for streets, alleys, pedestrian ways, drainage facilities, flood control works, easements and other rights of way, subject to the following exceptions:
(a)
If the subdivision is served by a frontage road parallel to a limited access highway or freeway and the required right of way dedication for the limited access highway or freeway has been made by the subdivider, the subdivider shall be responsible for only those improvements required for the frontage road, in accordance with the improvement standards referred to in section 7-01-2025 of this Article, and shall not be required to provide improvements within the right of way of said limited access highway or freeway.
(b)
If the subdivision backs onto a limited access highway or freeway and the required right of way dedication for the limited access highway or freeway has been made by the subdivider and the subdivider has dedicated the right of access from the limited access highway or freeway to the subdivision, the subdivider shall not be required to construct the improvements referred to in section 7-01-2025 of this Article within the right of way line of the limited access highway or freeway. In such cases the subdivider may landscape the planting strip of the adjacent limited access highway or freeway with plant materials adequate to screen the lots of the subdivision from the limited access highway or freeway.
When a subdivider is required to provide a duct for future installation of a streetlight, pursuant to the provisions of section 7-01-1435 of this Chapter, the subdivider shall not install the street lighting pole. The Public Works Director shall determine the current differential cost charged by the public utility for a utility owned ornamental marbelite or metal street lighting pole and the subdivider shall deposit money with the County to pay such differential cost. When a deposit has been made pursuant to this section, the subdivider shall have no further duties or liabilities in connection with purchase and installation of the streetlight. Such a deposit shall be held by the County solely for the installation of the streetlight. If said pole has not been ordered to be installed by the Public Works Director within five (5) years after the date of approval of the final map by the Board of Supervisors, or if there is an unexpended balance of the amount deposited, the County shall return the money deposited, without interest, to the subdivider, his heirs or assigns. If the territory in which the streetlight is to be installed is annexed to a city prior to the installation of the streetlight, the County may offer to transfer to such city all funds theretofore deposited with the County. Any funds so transferred to the city shall be held by the city solely for the installation of the street light and shall be returned by the city to the subdivider, his heirs or assigns, if the work has not been ordered performed within said five (5) year period or if there is an unexpended balance after completing the work. The streetlight installed pursuant to this section shall remain the property of the public utility, which provides lighting service to the street light system.
Notwithstanding the provisions of section 7-01-2005 of this Article, the County shall share in the cost of the following improvements:
(a)
A four lane Class 3 or Select System Road, including any bridge or culvert which is part of said road, which the subdivider is required to construct in the subdivision, when a two lane road would serve the needs of the subdivision.
(b)
A bridge or culvert which is required by the County which will be located partially within the subdivision and partially outside the subdivision, and which will be part of a four lane road.
In addition, the County may also share in the cost of other improvements when the Board of Supervisors determines that such sharing of costs is fair and reasonable under the particular circumstances. The portion of the costs which the subdivider and the County will bear in each of the situations mentioned in this section shall be specified in the agreement between the County and the subdivider, in accordance with section 7-01-2060 of this Article. The division of costs shall ordinarily be made in accordance with the general policies which are set forth in Resolution No. 67-1506, and amendments thereto.
When a bridge or culvert is required by the County which will be located partially within the subdivision and partially outside of the subdivision, the subdivider shall only be required to pay a portion of the cost of the bridge or culvert. The portion of the costs which the subdivider will bear shall be specified in the agreement between the County and the subdivider, in accordance with section 7-01-2060 of this Article. The division of costs shall ordinarily be made in accordance with the general policies which are set forth in Resolution No. 67-1506, and amendments thereto.
(a)
All improvements shall conform to the applicable standards of materials and design which are set forth in the booklet entitled "Improvement Standards of Tulare County" as such standards have been adopted by the Board of Supervisors and are amended from time to time by resolution of the Board of Supervisors.
(b)
Improvements shall be constructed in accordance with plans approved by the Public Works Director. Notice shall be given by the subdivider to the Public Works Director prior to the commencement of construction of improvements.
(c)
Improvements shall be installed to grades prescribed by the Public Works Director.
(d)
The Public Works Director, the Health Officer, the Fire Warden and the Planning and Development Director shall have the right to enter upon the site of improvements for the purpose of inspecting them and said officials shall be furnished with samples of materials as may be required for making tests to determine the acceptability of such materials.
All flood control works to be constructed within selected flood lines shall conform to the requirements established by the Tulare County Flood Control District. The County Road Commissioner, acting on behalf of said District, shall have all of the rights, powers and duties delegated to the County Surveyor under subsections (b), (c) and (d) of section 7-01-2025 of this Article with regard to such flood control works.
If all or a portion of the property which is the subject of the final map is located within selected flood lines, the improvement plans shall provide the elevation of proposed structure(s), pads, and adjacent grade. If the site is filled above the elevation of the selected flood, the final pad elevation shall be certified by a registered civil engineer or surveyor and provided to the Building and Planning Director as set forth in section 7-27-1105(b) of Chapter 27 of this Part.
The subdivider shall pay the applicable fee set forth in Article 5 of this Chapter to cover the expense to the County of checking the plans for all improvements required by the County pursuant to this Chapter and the expense of inspecting the construction of such improvements. The fee shall be based on the estimated total cost of constructing such improvements and shall be paid to the County Surveyor prior to the submission of the final map to the Board of Supervisors. The estimate of the cost of improvements upon which said fee is determined shall be made by the County Surveyor based upon the current cost of similar work performed within the general area where the improvements are to be constructed. If the final map is withdrawn or a reversion to acreage map is recorded, the unexpended portion of said fee shall be refunded upon receipt by the County Surveyor of a written application from the subdivider.
Except as provided in California Government Code section 66499.3, the subdivider shall provide the following security to guarantee the construction of all public improvements required for the subdivision:
(a)
One hundred percent (100%) of the total estimated cost of the public improvements, conditioned upon the faithful performance of the agreement between the County and the subdivider requiring such improvements.
(b)
Fifty percent (50%) of the total estimated cost of the public improvements, securing payment to the contractor, his subcontractors, and to persons furnishing labor, materials, or equipment to them for such public improvements.
(c)
Ten percent (10%) of the total costs of required improvements including improvements that are in place at the time of approval (estimated on the basis of costs to the County) shall be retained by the County for a period of one (1) year following the completion and acceptance of the public improvements, as a guarantee and warranty against any defective work or labor done, or defective materials furnished.
Security provided to guarantee required public improvements shall be in favor of the County of Tulare and shall be in one of the following forms:
(a)
One or more irrevocable performance bonds in substantially the form provided in California Government Code section 66499.1, issued by one or more reputable corporate sureties duly and legally licensed to transact business in the State of California and bearing the name and address of said surety clearly upon the face of the bond provided.
(b)
A deposit of cash with the Public Works Department, or in escrow with a responsible escrow agent or trust company.
(c)
An instrument of credit from one or more financial institutions subject to regulation by the California State or Federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment.
(d)
An assignment or transfer of rights in an account, deposit or certificate insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, in or with one or more financial institutions subject to regulation by the California State or Federal government, upon a form approved by the Tulare County Board of Supervisors.
(e)
A certificate of deposit issued by a financial institution regulated by the California State or Federal Government, issued in favor of the County of Tulare, and allowing the County to receive cash in exchange for the certificate at least once during each six (6) month period.
In those cases where all or a portion of a subdivision is located within selected flood lines, and the subdivider is required to construct flood control works which will be dedicated to the Tulare County Flood Control District, the Board of Supervisors of said District may require that the subdivider enter into an agreement with said District for the construction of such flood control works. The Board of Supervisors of said District may require the subdivider to provide security to carry out his obligations under such an agreement, and the type and amount of such security and provisions for release of such security shall be set forth in the agreement.
(a)
When the cost of any improvements in a subdivision is to be shared between the subdivider and the County, as provided in this Article, then the agreement between the County and the subdivider shall state whether the subdivider or the County is to perform the work. If the subdivider is to perform the work, the agreement shall provide for payment of the County’s share of the cost of the improvements. If the County is to perform the work, the agreement shall provide for a deposit of money with the County as payment of the subdivider’s share of the cost of the work.
(b)
When a deposit has been made by the subdivider pursuant to this section, the subdivider shall have no further duties or liabilities in connection with the construction of such improvement. Such a deposit by the subdivider shall be held by the County solely for the performance of the agreed work and if said work has not been completed within fifteen (15) years after the date of execution of the agreement by the Board of Supervisors, the County shall return the amount deposited by the subdivider, without interest, to the subdivider, his heirs or assigns.
(c)
If territory in which a proposed improvement is to be constructed is annexed to a city prior to the construction of the improvement, the County may offer to transfer to the city the funds theretofore deposited by the subdivider. However, in such cases, the County shall not share in the cost of the improvement pursuant to section 7-01-2015 of this Article. Any funds so transferred to the city shall be held by the city solely for the performance of the agreed work and shall be returned to the subdivider, his heirs or assigns, if said work has not been performed within the period set forth in subsection (b) of this section.
When a subdivider is required to install improvements for the subdivision which contain supplemental size, capacity or number for the benefit of property not within the subdivision, in accordance with section 7-01-1220 of this Chapter, the County and the subdivider shall enter into an agreement prior to the approval of the final map. The agreement shall require the County to reimburse the subdivider for the difference between the amount it would have cost the subdivider to install the improvements to serve the subdivision only and the actual cost of such improvements. In order to pay the costs as required by the reimbursement agreement, the County may:
(a)
Collect from other persons, including public agencies, using such improvements for the benefit of real property not within the subdivision, a reasonable charge for such use.
(b)
Contribute to the subdivider that part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and levy a charge upon the real property benefitted to reimburse itself for such cost, together with interest thereon, if any, paid to the subdivider.
If the required improvements in a designated remainder parcel have not been completed prior to the approval of the final map, the final map shall not be approved until the subdivider has entered into an agreement with the Board of Supervisors to complete said improvements if:
(a)
The subdivider has agreed with the body taking final action on the tentative map that he will enter into an agreement with the County to construct said improvements, as specified in section 7-01-1770 of this Chapter; or
(b)
The body taking final action on the tentative map has determined that construction of such improvements is to be required within a reasonable time following approval of the final map, as specified in section 7-01-1770 of this Chapter and section 66424.6 of the Government Code of the State of California.
Such agreements pertaining to designated remainder parcels shall be subject to all of the same requirements of the Subdivision Map Act and this Chapter which pertain to agreements to construct improvements on the property which is being subdivided.
When the subdivider is not required, and is not willing, to enter into an agreement for the construction of improvements in a designated remainder parcel, pursuant to section 7-01-2070 of this Chapter and section 66424.6 of the Government Code of the State of California, the construction of said improvements will be deferred and section 7-15-1940 et seq. of this Ordinance Code shall govern the construction of said improvements at a later date. Any agreement entered into pursuant to section 7-01-1775 of this Article shall also govern such construction of deferred improvements.
(a)
If the final map conforms to the approved tentative map, the Planning and Development Director shall so certify on the original tracing of the final map. If the final map does not so conform, the Planning and Development Director shall report such fact and the nature of the nonconforming features to the Public Works Director and the Planning and Development Director shall not certify the map until specifically authorized to so do by the body which took final action on the tentative map.
(b)
The Public Works Director shall examine the print of the final map and determine the sufficiency of the affidavits and acknowledgments, the correctness of surveying data, mathematical data and computations, and determine whether the provisions of the Subdivision Map Act and this Chapter have been complied with. One copy of the map shall be returned to the subdivider with notations as to errors or omissions or a statement by the Public Works Director that the map is correct. The subdivider shall provide traverse sheets and work sheets showing the closure of the exterior boundaries of the subdivision and of any irregular blocks and lots.
(c)
Plans, profiles and specifications of proposed improvements shall be submitted to the Public Works Director for approval at the time the prints of the final map are submitted for checking. Such plans and profiles shall show the full details of the proposed improvements, and the improvements shall comply with standards and specifications adopted by the Board of Supervisors.
(d)
If the final map is found to be correct, the matters shown thereon are sufficient and all applicable provisions of the Subdivision Map Act and this Chapter have been complied with, the Public Works Director shall certify his approval on the original tracing of the map.
Pursuant to section 66473 of the Government Code of the State of California, the Public Works Director shall not disapprove a final map because of a failure to meet or perform a requirement or condition imposed by the Subdivision Map Act or this Chapter if he determines that the failure of the map is a result of a technical and inadvertent error which does not, in his determination, materially affect the validity of the final map. When he finds such a failure which he believes should be waived under this section, he shall call the failure to the attention of the Board of Supervisors at the time the final map is presented to the Board, and the Board shall make the final decision on whether or not said failure shall be waived.
After the final map has been checked and approved and all the certificates which appear on the final map, except the approval certificate of the Board of Supervisors, have been signed, and acknowledged if necessary, the Public Works Director shall file the final map with the Board of Supervisors for approval in accordance with the Subdivision Map Act. The Clerk of the Board of Supervisors shall transmit written notice of the action of the Board to the subdivider, the Planning Commission, Public Works Director, County Health Department, and each public or private agency to which a copy of the tentative map was sent.
Pursuant to section 66499.7 of the Government Code of the State of California, the Public Works Director shall have the power to release or reduce the improvement security deposited by the subdivider, pursuant to the following restrictions:
(a)
Improvement security securing payment to the contractor, his or her subcontractors and to persons furnishing labor, materials, or equipment may, after passage of the time within which claims of lien are required to be recorded pursuant to Article 3 (commencing with section 3114) of Chapter 2 of Title 15 of Part 4 of Division 3 of the California Civil Code, and after completion and acceptance of the work, be reduced to an amount not less than the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the Board of Supervisors. If no such claims have been recorded and filed with the Board of Supervisors, such improvement security may be released in full.
(b)
Improvement security given for the faithful performance of the work required by the agreement may be reduced from time to time during the course of the work. The Public Works Director shall not at any time reduce such security below an amount which will adequately secure the performance of the remainder of the required work. For the period of one (1) year after the completion and acceptance of the work, ten percent (10%) of the security for faithful performance shall be retained by the Public Works Director to cover the cost of correcting any defective work or labor done, or defective materials furnished, in constructing said improvements. At the end of said one (1) year period, the Public Works Director may release all of said improvement security except such amount as may then be required to insure the correction of any defects in the labor and materials furnished which have appeared within said one (1) year period.
Upon completion of the required improvements by the subdivider, the Public Works Director shall make a final inspection of the subdivision. If it is found upon inspection that all improvements have been installed in accordance with approved plans and specifications, the Public Works Director shall transmit a letter indicating such findings to the Board of Supervisors, and the Board of Supervisors shall thereafter accept said improvements.