§ 16.24

A.

Within twenty-four (24) months after the date of approval, or conditional approval, of the tentative map by the planning commission or the city council, or any extension thereof, the subdivider may cause the subdivision or any part thereof to be accurately surveyed and a final map to be prepared and filed. The final map shall substantially conform to the tentative map, as approved, and shall comply with all applicable provisions of this code.

B.

The final map shall be submitted to the city clerk not less than sixty (60) days prior to the date by which the map must be recorded in order to permit the actions by the city engineer, the city council, and the county recorder as required.

C.

The final map may be filed when it is completed and all required improvement plans and certificates, except the approval certificate of the city council, have been signed and acknowledged where necessary. A final map shall not be considered as filed until the city engineer has reviewed and certified the map in accordance with procedures specified in this code. The date the map shall be deemed filed with the city council is the date of the meeting at which the city clerk receives the map.

D.

Documents shall be filed to include the following:

1.

One complete set of original drawings and ten (10) copies;

2.

Evidence of title, acceptable to the county recorder, secured from a title company indicating that, as shown by the public records, the parties whose signatures appear on the map and consent to the recordation of the map are all the parties having a record title interest in the land being subdivided and whose signatures are required by the Subdivision Map Act;

3.

A memorandum to the city engineer containing the following data:

a.

The total area of the tract submitted;

b.

The total area in roads and the total lineal length of roads;

c.

The total area in lots;

d.

The total number of lots;

e.

The area in parks, school sites, or other lands offered for dedication or reserved for future public or quasipublic uses;

f.

The proposed use of the lots; and

g.

Total areas for each of the proposed uses.

4.

Two copies of the protective covenants and deed restrictions, if any, that are to be recorded;

5.

Improvement plans showing all of the improvements required herein, and all others proposed to be installed by the subdivider, in, on, over or under any road, way, right-of-way, easement or parcel of land dedicated by the map;

6.

All notes, sheets, and drawings showing traverse closure and the computation of all distances, angles, and courses shown on the final map and ties to existing and proposed monuments, and adjacent subdivisions shall accompany the map when required by the city engineer;

7.

A statement from the county tax collector showing that there are no liens against the subdivision or any part thereof for unpaid taxes or special assessments collected as taxes, except taxes or special assessments not yet payable;

8.

A statement from the county auditor-controller giving his/her estimate of the amount of taxes and assessments which are a lien but which are not payable; and

9.

All necessary agreements or contracts, bonds, and deposits as required by the ordinance codified in this title.

E.

Fees shall be paid to the city clerk at the time of submitting the final map in amounts and for the purposes as established by resolution of the city council.

(Ord. 94-05 § 1 (part), 1994)

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

16.24.020 - Preliminary soil report and geologic reports.

A.

A preliminary soil report shall be prepared by a geo-technical engineer registered by the state, for any residential, commercial, industrial or institutional development, based upon adequate test borings or excavations, as determined by the city engineer. If the report indicates the presence of critically expansive soils, or other soil problems which, if not corrected, would lead to structural defects, the subdivider shall provide for and submit the findings of a soil investigation of each building site proposed. The soil investigation shall be prepared by a state-registered civil engineer and shall recommend corrective action likely to prevent structural damage to each building site proposed.

B.

A preliminary geologic report prepared by a state-certified engineering geologist, based on adequate test borings, shall be submitted to the building official for every subdivision, and shall provide the same kinds of information with respect to geologic conditions as is required for soil conditions under subsection A of this section.

C.

When a soil report, a geologic report, or soil and geologic report have been prepared specifically for the subdivision, such fact shall be noted on the final map together with the date of such report or reports, the name of the engineer making the soil report and engineering geologist making the geologic report and a statement indicating that the reports are on file for public inspection with the city clerk.

(Ord. 94-05 § 1 (part), 1994)

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

The final map shall be prepared by or under the direction of a state-registered civil engineer or licensed land surveyor. All data, profiles, and other engineering drawings submitted with the final map shall be prepared and signed by a registered civil engineer.

(Ord. 94-05 § 1 (part), 1994)

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

A property description shall be provided below the title of the map. The description shall cover all the property being subdivided, by reference to such map or maps of the property shown thereon as previously recorded or filed in the county recorder's office or as previously filed with the county recorder pursuant to a final judgment in any action in partition, or as previously filed in the office of the Fresno County recorder under authority of Chapter 3, Part 2 of Division 4 of the Business and Professional Code, or by reference to the plat of any United States Survey. Each reference in such description to any tract or subdivision shall be spelled out and worded identically with the original records and must show a complete reference to the book and page of records of the county recorder. The description shall also include reference to any abandonment with the date, book, and page of records of the Fresno County recorder.

(Ord. 94-05 § 1 (part), 1994)

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

16.24.050 - Form of the final map.

The final map shall conform to all of the following provisions:

A.

It shall be clearly and legibly drawn, printed or reproduced by process guaranteeing permanent record in black on tracing cloth or polyester base film (provided that if ink is used on polyester base film, the ink surface shall be coated with a substance to assure permanent legibility), including certificates and acknowledgements which may also be legibly stamped upon the map with opaque ink.

B.

The size of each sheet shall be eighteen (18) inches by twenty-six (26) inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of two inches along the left margin and one inch along the other three margins.

C.

The exterior boundary of the land included within the subdivision shall be indicated by a one-sixteenth inch bold line.

D.

The scale of the map shall be one inch equals one hundred (100) feet or a decimal fraction or a multiple of one hundred (100) feet as directed by the city engineer.

E.

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.

F.

The tract number, scale and north point shall be shown on each sheet.

G.

The map shall show the definite location of the original parcel, or parcels, and particularly its relation to surrounding surveys.

(Ord. 94-05 § 1 (part), 1994)

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

16.24.060 - Certificates and acknowledgements.

Certificates and acknowledgements as required by this code and the Subdivision Map Act shall appear on the title sheet of the final map, unless their omission is permitted by the Subdivision Map Act.

In the event that an owner's development lien has been created pursuant to the provisions of Article 2.5 (commencing with Section 39327) of Chapter 3 of Part 23 of the Education Code on the real property or portion thereof subject to the final map, a notice shall be placed on the face of the final map specifically referencing the book and page in the county recorder's office in which the resolution creating the owner's development lien was recorded. The notice shall state that the property subdivided is subject to an owner's development lien and that each parcel created by the recordation of the final map shall be subject to a prorated amount of the owner's development lien on a per acre or portion thereof basis.

(Ord. 94-05 § 1 (part), 1994)

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

16.24.070 - Information on final map.

The final map shall show the following:

A.

Tract number, tract name (if any), date of preparation, north point and scale.

B.

The locations and names of streets and highways; the centerlines of streets; the lengths, tangents, radii, central angles and radial bearings of curves; the total width of each street and the width on each side of centerlines; the width of any portion of a street being dedicated and the width of the existing dedication (if any).

C.

The locations and dimensions of public areas and their net acreage to the nearest one-tenth of an acre.

D.

The centerlines, widths and sidelines of all easements to which the lots are subject, the date on which the easement was created and the book and page number of the county recorder's records in which the easement appears. 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 utilities and facilities shall be denoted by broken lines. Easements shall be clearly labeled and identified; if easements are already of record, precise reference shall be given. Easements being dedicated shall be so indicated in the certificate of dedication.

E.

Locations and widths of drainage channels, utility rights-of-way, reserve strips, railroad rights-of-way, and of streets, alleys and pedestrianways.

F.

Names of streets adjacent to the proposed subdivision.

G.

Location of city boundary lines and the boundary lines of any special districts.

H.

The net dimensions of each lot. Sufficient data shall be shown to determine readily the bearings and lengths of each lot line. For lots containing one acre or more, net acreage shall be shown to the nearest one-tenth of an acre.

I.

All lots shall be numbered consecutively, commencing with the number "1", with no omissions or duplications, except as provided under Section 16.24.130B of this chapter.

J.

All dimensions in feet and decimals to the nearest one hundredth (.01).

K.

The following survey data:

1.

The radius, tangent, arc, length and central angle of curves.

2.

Suitable primary survey control points, including section corners and monuments existing outside the boundaries of the proposed subdivision.

3.

The location of all permanent monuments within the proposed subdivision.

4.

Ties to and names of adjacent subdivisions, and ties to any city and county boundary lines involved.

(Ord. 94-05 § 1 (part), 1994)

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

A.

The procedure and practice of all survey work done on any subdivision in the preparation of a final map, shall conform to the accepted standards of the engineering profession. The accuracy of all boundary surveys done in connection with any subdivision shall have a precision of one in ten thousand (10,000).

B.

In the event the city engineer, the state highway engineer, or the county director of public works has established the centerline of any street or alley in or adjoining a subdivision, the final map shall show the centerline and the monuments which determine its position. If determined by ties, that fact shall be stated upon the final map.

C.

Each final map shall fully and clearly show and identify such monuments or other evidence determining the boundaries of the subdivision as were found on the ground, together with sufficient corners of adjoining subdivisions, by lot and block number, tract number and place of record, or by section, township, and range, or other proper designation as may be necessary to locate precisely the limits of the subdivision and to permit the survey to be retraced.

D.

The location, size, and depth of all monuments placed in making the survey shall be shown and, if any were reset by ties, that fact shall be shown. The monuments on the exterior boundary of the subdivision, except those within construction zones, shall be placed prior to the approval of the final map. All interior monuments shall be set subsequent to the completion of the subdivision improvements, and security shall be presented by the subdivider as provided for in Section 66496 of the Subdivision Map Act.

E.

Notice of setting final monuments shall be given and payment to the engineer or surveyor for setting of final monuments shall be made as provided by the Subdivision Map Act.

F.

Monuments shall be placed and shall be of the type specified by the latest version of the city's standard specifications.

G.

The city engineer may allow the use of off-set monuments, properly tied to reference monuments, when necessary due to terrain, waterways, or other monuments other than those specified under subsections D and E of this section.

H.

Before street improvements are accepted, all existing monuments disturbed by the placement of any improvements shall be reset.

I.

Bench marks shall be set at locations required by the city engineer. The datum for the area within the city shall be based upon datum established by the United States Coast and Geodetic Survey Sea Level Datum 1929, as amended.

J.

Identification of monuments and bench marks shall be through the use of a standard plaque. Descriptions of all monuments and bench marks shall be furnished for inclusion in the official records of the city engineer.

K.

All surveys required by this code, or necessary to the subdivision of land, shall conform to the California Coordinate System when required. Each final map shall show the California coordinate of every monument, and all California coordinates shall be used and shown on all traverse closure sheets, and other notes and ties which are required by this code.

L.

The blocks and lots of each final map or approved map of record shall have a mathematical accuracy of closure to one in ten thousand (10,000).

(Ord. 94-05 § 1 (part), 1994)

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

16.24.090 - Land subject to inundation.

A.

If any portion of the land within the subdivision shown on any final map is subject to inundation or flood hazard by storm waters, such fact and portion shall be clearly shown by a prominent note on each sheet of

such final map.

B.

If any portion of such land is or will be subject to periodic sheet overflow, or ponding of local or foreign storm water, the city engineer, after consulting with the design engineers, shall so inform the State Real Estate Commissioner.

C.

The location of any watercourse, channel, stream or creek which functions as a drainage facility shall be shown on the final map. In the event said watercourse, channel, stream, or creek is to be relocated, only the new location need be shown on the final map.

(Ord. 94-05 § 1 (part), 1994)

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

The recordation of the final map and the construction of subdivision improvements may be performed in two or more phases, provided that each phase must have a separate tract number and further provided that the subdivider, at the time the tentative map was filed with the secretary of the planning commission, indicated on the subdivider's statement that is required pursuant to Section 16.20.040, his/her intention to file multiple final maps or after the filing of the tentative maps, the city and the subdivider concur in the filing of multiple final maps. Final maps for all phases shall be filed with the council within the time limits set forth in this title for the filing of a final map.

(Ord. 94-05 § 1 (part), 1994)

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

16.24.110 - Dedications and public utility requirements.

A.

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 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, pedestrianways, drainage channels and ponding basins, easements and other rights-ofway 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.

C.

All rights of access to and from streets, lots and parcels of land shown on the final map as intended to be surrendered shall be offered for dedication at the time the final map is filed.

D.

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.

(Ord. 94-05 § 1 (part), 1994)

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

16.24.120 - Passage of title.

Title to dedicated property shall pass upon its acceptance by the city council and recordation of the final map. The responsibility for maintenance of improvements shall not pass to the city until the improvements have been accepted by the city council pursuant to applicable provisions of the California Streets and Highways Code.

(Ord. 94-05 § 1 (part), 1994)

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

16.24.130 - Offers of dedication—Rejection.

A.

If at the time the final map is approved, any streets, paths, alleys, right-of-way for local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items, which directly benefit the residents of a subdivision, reserve strips or storm drainage easements are rejected, 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 any open streets, paths, alleys, rights-of-ways for local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items, which directly benefit the residents of a subdivision, or storm drainage easements for public use, which acceptance shall be recorded in the office of the county recorder.

B.

One foot reserve strips provided across the end of stubbed streets or along partial streets adjoining unsubdivided land shall be designated by a capital letter, provided however that such reserve strip lots shall be exempt from all other provisions of the ordinance codified in this title governing the size, shape or area of lots, or which are otherwise applicable to lots. These reserve strips shall be offered to the city for dedication at the time the final map is recorded. However, the city shall reject the offer until such time as additional right-of-way is required to allow the extension of a stubbed street or completion of a partial street. All rights of vehicular access across said reserve strips shall be abandoned until such time as said reserve strips are accepted by the city for street purposes.

(Ord. 94-05 § 1 (part), 1994)

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

16.24.140 - Offers of dedication—Termination and abandonment.

A.

Offers of dedication may be terminated and abandoned in the same manner as prescribed for the abandonment or vacation of streets by the streets and highways code.

B.

Except as provided by the Subdivision Map Act, if a resubdivision or reversion to acreage of the tract is subsequently filed for approval, any offer of dedication previously rejected shall be deemed to be terminated upon the approval of the map by the city council.

(Ord. 94-05 § 1 (part), 1994)

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

A final map shall be accompanied by a drainage plan showing street grades, curbs, gutters, catch basins, storm sewers, drainage channels, natural drainageways, detention ponds and other drainage works in sufficient detail to enable the city engineer to determine the adequacy of provisions for drainage and the disposal of surface and storm waters.

(Ord. 94-05 § 1 (part), 1994)

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

16.24.160 - Improvements.

A.

The subdivider shall improve or agree to improve all lands dedicated for streets, pedestrianways, drainage channels, easements and other rights-of-way as a condition precedent to acceptance thereof and approval of the final map, subject to the exceptions prescribed under Chapter 16.36 [of this title].

B.

Improvements shall conform with the requirements for design and materials provided in the city's standard specifications as adopted by the city council.

C.

Improvements shall be constructed in accordance with plans approved by the city engineer. Written notice shall be given by the subdivider to the city engineer prior to commencing construction of improvements.

D.

Improvements shall be installed to grades specified by the city engineer.

E.

The city engineer shall have the right to enter upon the sites of improvements for the purpose of inspecting them, and the subdivider shall furnish the city engineer with soils and materials tests by a competent laboratory as may be required to determine the acceptability of such materials.

F.

Whenever this ordinance requires that a subdivider install sewer, water, and drainage facilities, or related facilities, as a condition precedent to the acceptance of the final map, and where, in the opinion of the city council it is necessary that laterals or other facilities be constructed or be of a larger size than is necessary to serve the subdivision, for the benefit of property not within the subdivision, the city council may, by contract with the subdivider, agree to reimburse the subdivider for such oversized facilities. Such contract shall provide that the city may collect a reasonable charge from any person using the oversized facility for the benefit of property not within the subdivision.

G.

Upon the completion of the required improvements by the subdivider, the city engineer shall make a final inspection of the subdivision. If upon inspection it is found that all improvements have been installed in accordance with approved plans and specifications, the city engineer shall transmit a letter indicating such findings to the city council and secretary of the planning commission.

(Ord. 94-05 § 1 (part), 1994)

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

16.24.170 - Review by city engineer and planning director.

A.

Upon receipt of the final map, the city clerk shall refer five copies of the map, together with all pertinent documentation submitted by the subdivider, to the city engineer for review.

B.

The city engineer shall refer all easements for public utilities, including anchorage easements, to the proper public utility for review and recommendation.

C.

The city engineer shall check and determine the correctness of surveying data, plans, profiles, and specifications of improvements, certificates of dedication, acceptances of dedication and acknowledgements, and such other matters as require checking to insure compliance with this code.

D.

If the final map conforms to the tentative map as approved by the planning commission, and no changes have been made which have not been approved by the commission, the planning director shall certify the original tracing of the final map on behalf of the commission. If the final map does not so conform, the

planning director shall report such fact to the city engineer and shall not certify the map until the map is made to conform.

E.

If the final map and all accompanying materials are in the correct form prescribed by this code, and the matters shown thereon are sufficient, their correctness shall be certified on the map by the city engineer by signature within sixty (60) days of receipt. If any part of the final map or accompanying materials is incorrect or incomplete, one copy of the map and relevant materials shall be returned to the subdivider with notations as to errors or omissions. Certification by the city engineer shall not be provided until the subdivider resubmits the map and materials free of errors or omissions previously noted by the city engineer.

F.

The city engineer shall transmit the original or corrected map and materials, together with a report, to the city clerk for review with the city council.

(Ord. 94-05 § 1 (part), 1994)

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

16.24.180 - Procedure—Action by the city council.

A.

The city council shall, at the meeting at which it receives the map, or at its next regular meeting after the meeting at which it receives the map, approve said map by resolution if it is in conformity with all the requirements of this ordinance and the Subdivision Map Act applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder. If the map does not so conform, the council shall disapprove the map.

B.

The council shall, at the time it approves a final map, accept or reject any or all offers of dedication and shall, as a condition precedent to the acceptance of any roads or easements, require that the subdivider agree to improve the roads and easements. If at the time the final map is approved, any streets, paths, alleys or storm drainage easements are rejected, the offer of dedication shall remain open, and the city 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, or storm drainage easements for public use, which acceptance shall be recorded in the office of the county recorder.

C.

When the subdivider shall have filed with the city clerk the agreement and bond, or made the deposit, as described under Section 16.24.190 of this code, and when such agreement and financial instrument shall have been approved by the city attorney as to form, and by the city engineer and city council as to sufficiency, the city clerk shall deliver the map duly certified to the county recorder for recordation.

D.

If the city council determines either that the map is not in conformity with the requirements of this ordinance, the Subdivision Map Act or the approved tentative map, or the proposed improvements do not meet city standard specifications, the city council shall by resolution disapprove such final map, specifying its reason or reasons therefore, and the city clerk shall, in writing, advise the subdivider of such disapproval and reasoning based thereon.

E.

Within thirty (30) days after the city council has disapproved a final map, the subdivider may file a new final map with the city clerk, altered to conform to all the requirements of this ordinance and the Subdivision Map Act.

F.

No final map shall have any force or effect until the same has been approved by the city council, and no title to any property described in any offer of dedication shall pass until the recordation of the final map.

(Ord. 94-05 § 1 (part), 1994)

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

16.24.190 - Agreement and security for improvements.

A.

Prior to the approval of the final map by the city council, the subdivider shall execute and file an agreement between him/herself and the city, specifying the period within which the subdivider shall cause all work to have been completed, and providing that if the subdivider shall fail to cause all improvement work to be completed within such time period, the city may cause the same to be completed and recover the full cost and expense therefrom from the subdivider. The agreement shall provide for the inspection of all improvements by the city engineer. The agreement may provide for the following:

1.

For the construction of improvements in units;

2.

For an extension of time under conditions therein specified; and

3.

For progress payment.

To assure full and faithful performance, the subdivider shall file with the aforesaid agreement, a bond, cash, letter of credit or other form of improvement security allowed by the Subdivision Map Act in an amount equal to one hundred fifty (150) percent of the sum estimated by the city engineer to be sufficient to cover the cost of said improvements and incidental expenses, and to cover replacement and repair of existing

streets and other improvements that may be damaged in the development of the subdivision. A bond offered as security shall be executed by a surety company authorized to transact surety business in the state of California and must be approved by the city attorney as to form and by the city engineer as to sufficiency.

B.

In the event the subdivider shall fail to complete all improvement work in accordance with the provisions of the ordinance codified in this title, and the city shall have completed same, or if the subdivider shall fail to reimburse the city for the cost of incidental expenses, or to cover the cost of replacement and repair of existing streets or other improvements damaged in the development of the subdivision, the city shall call on the surety for reimbursement. In any such case, if the amount of surety bond, cash deposit, letter of credit or other security shall exceed all cost and expense incurred by the city, it shall release the remainder of such security. If the amount of the security shall be less than the cost and expense incurred by the city, the subdivider shall be liable to the city for such difference.

(Ord. 94-05 § 1 (part), 1994)

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

Chapter 16.28 - PARCEL MAPS[[3]]

Footnotes:

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Editor's note— Ord. No. 2012-02, § 2, adopted Mar. 7, 2012, amended the former Ch. 16.28, §§ 16.28.010 —16.28.170 in its entirety.