American Canyon Municipal Code Ch. 18.26 Final Maps

(A) Within twenty-four months after approval or conditional approval of a tentative subdivision map, tentative parcel map or vesting tentative map, the subdivider shall cause the subdivision or any substantial part thereof, to be surveyed and a final map prepared in conformance with the tentative subdivision map or tentative parcel map as approved or conditionally approved, otherwise all approvals of the tentative map shall expire.

(B) The tracing and two blue line or black line prints of the final map shall be filed with the city engineer together with a map checking fee set by resolution of the city council to be paid to the city engineer. A permanent, reproducible copy of the final map shall also be submitted. Prior to the recording of the final map with the county recorder, this permanent reproducible final map shall bear all required signatures and the civil engineers wet stamp.

(C) An extension of time, up to three additional years, for the filing of a final map may be granted by the city council, provided that written application for such extension is made by the subdivider prior to expiration of the tentative map or vesting tentative map.

(D) At the time of the filing of the final map with the city engineer, the subdivider shall also file therewith the following:

(1) A recordable instrument prohibiting traffic over the side lines of a major highway, parkway, street or freeway, when and if required under the provisions of this title. A dedication of a planting strip may be accepted as a satisfactory alternative.

(2) A copy of the deed restrictions applicable to the subdivision.

(3) Sheets or drawings showing traverse closures and the computation of all distances, angles and courses shown on the final map, ties to existing and proposed monuments, and adjacent subdivisions, street corners, and/or highway stations.

(4) Two copies of infrastructure improvement plans.

(5) Subdivision agreement.

(6) The resolution of the planning commission and/or city council and all conditions of approval.

(7) A title report.

Ord. 98-10 § 1, 1998

The final map, when submitted, shall comply with the following:

(A) The final map shall be clearly and legibly drawn upon reproducible mylar. All lines, letters, figures, certifications, acknowledgments and signatures shall be made in black India ink. Typewriting or rubber stamps shall not be used. The map shall be so made and shall be in such condition when filed that good legible blueprints and negatives can be made. The size of the sheets of reproducible mylar shall be eighteen by twenty- six inches leaving a margin of two inches at the left edge and one (1) inch at the other three edges of the sheets. The scale of the final map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end.

(B) When the final map consists of more than two sheets, the relation of sheets shall be indicated by note. Every sheet comprising the map shall bear the scale, north point, legend, sheet number and number of sheets comprising the map.

(C) The final map shall be tied to the state of California Coordinate System. The final map shall show clearly what stakes, monuments or other evidence found on the ground or were set to determine the boundaries of the subdivision. The corners of all adjoining subdivisions shall be identified by lot and block numbers, subdivision name and place of record, and other proper designation.

(D) Sufficient data must be shown to determine readily the bearing and length of every lot line, block line and boundary line and shall be shown in feet and hundredths of a foot. No ditto marks shall be used. Lots containing one acre or more shall show total acreage to nearest hundredth. Bearing and lengths of straight lines, and radii and arc length for all curves as may be necessary to determine the location of the centers of curves and tangent points shall be shown. No lot shall be dimensioned to contain any part of an existing or proposed public right-of- way.

(E) The final map shall show the location and description of all monuments found in making the survey of the subdivision.

(F) In addition, the final map shall be prepared in full compliance with the following requirements:

(1) The final map shall show the line of high water for the one hundred year flood where the subdivision is adjacent to a stream, channel or any body of water and shall also show any area subject to periodic inundation by water.

(2) The boundary of the subdivision shall be designated by a blue border. Such border shall not interfere with the legibility of figures or other data.

(3) The final map shall show the lines of all streets, the total width of all streets, the width of the portion being dedicated and the width of existing dedications, also the width of any railroad rights-of-way, appearing on the map. Each street shall be named.

(4) The final map shall show the side lines of all easements to which the lots are subject. The easements must be clearly labeled and identified and if already of record, its recorded reference given. If any easement is not definitely located of record, a statement of such easement must appear on the title sheet. Easements for storm drain, sewers and other purposes shall be denoted by dashed lines. The width of the easement and sufficient ties thereto to definitely locate the easement with respect to the subdivision must be shown. If the easement is being dedicated by the map, it shall be properly referenced in the owner's certificates of dedication.

(5) City boundary lines crossing or bounding the subdivision shall be clearly designated and referenced.

(6) Lot numbers shall begin with the number "1" in each block and shall be numbered in a clockwise direction from the upper left hand corner; north shall be generally up on the final map.

(7) Block numbers shall begin with the number "1" continuing consecutively without omission or duplication throughout the subdivision. The numbers or letters shall be solid and of sufficient size and thickness to stand out, shall be so placed as not to obliterate any fixture and shall be enclosed in a circle. Where adjoining blocks appear on separate sheets, the street adjoining both blocks shall be shown on both sheets with complete property line data.

(8) The final map shall particularly define, delineate and designate all lots and condominium air spaces intended for sale or reserved for private purposes, all parcels offered for dedication for any purpose, public or private, with all dimensions, boundaries, and courses clearly shown and defined in every case. Parcels offered for dedication but not accepted shall be designated by letter.

(9) The final map shall also show all other data that is or may be required by law, and any additional information that may be required by the city engineer.

Ord. 98-10 § 1, 1998

The following certificates and acknowledgments and all other now or

hereafter required by law shall appear on the final map or shall be otherwise made. Such certificates may be combined where appropriate.

(A) Certification of owner(s) of record. Except as may be noted in subsection (B) of this section, a certificate signed and acknowledged by the owner or owners of record.

(B) Exceptions to Owners Certification. The signatures of parties owning the following types of interest may be omitted if their names and the nature of their interests are set forth on the map:

(1) Rights-of-way, easements or other interest none of which can ripen into a fee.

(2) Rights-of-way, easements or reversions, which by reason of changed conditions, long disuse or laches appear to be no longer of practical use or value and which signature it is impossible or impractical to obtain. In this case, a reasonable statement of the circumstances preventing the procurement of the signature shall be set forth on the map.

(3) Any subdivision map including land/originally patented by the United States or the state of California, under patent reserving interest to either or both of these entities, may be recorded under the provision of this code without the consent of the United States or the state of California thereto, or to dedication made thereon.

(C) Dedication Certificate. A certificate signed and acknowledged as above irrevocably offering for dedication all parcels of land shown on the final map and intended for any public use, except those parcels other than streets, which are intended for the exclusive use of the lot owners in the subdivision, their licensees, visitors, tenants and servants.

(D) Design Engineer's Certificate. A certificate by the registered civil engineer or licensed surveyor responsible for the survey and final map. The signature of such civil engineer or surveyor must be accompanied by his seal, and include date of license expiration.

(E) City Engineer or Surveyor Certification. A certificate for execution by the city engineer including his state license number and date of expiration of the license.

(F) City Clerk's Certification. A certificate for execution by the city clerk stating that the governing body approved the final map and accepted, subject to improvement, or rejected on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication.

(G) County Recorder's Certificate. A certificate for execution by the county recorder.

(H) County Tax Collector and Redemption Officer Certificate. Prior to the filing of the final map with the governing body, the subdivider shall file with the clerk of the board of supervisors of Napa County a certificate from the official computing redemptions in Napa County and the city of American Canyon, showing that according to the records of his office, there are no liens against the subdivision or any part thereof for unpaid state, county, municipal, or local taxes or special assessments collected as taxes, except taxes or special assessments not yet payable. As to taxes or special assessments collected as taxes not yet payable, the subdivider shall file with the clerk of the board of supervisors a certificate by each proper officer giving his estimate of the amount of taxes and assessments which are a lien but which are not yet payable.

(I) Clerk of the Board of Supervisor's Tax and Assessment Certificate. Whenever any part of the subdivision is subject to a lien for taxes or special assessments collected as taxes which are not yet payable, the final map shall not be recorded until the owner or subdivider executes and files with the board of supervisors of Napa County a good and sufficient bond to be approved by the board and by its terms made to inure to the benefit of the county and conditioned upon the payment of all state, county, municipal and local taxes and all special assessments collected as taxes, which at the time the final map is recorded are a lien against the property, but which are not yet payable. In lieu of a bond, a deposit may be made of money or negotiable bonds in the same amount, and of the kind approved for securing deposits of public money.

(J) Reapportionments. Where any property is encumbered by assessments or similar instruments secured by the property, the subdivider shall prepare or cause to be prepared any assessment reapportionments necessary for the parcel. The reapportionments shall conform to the lots created by the subdivision such that each lot shall be a separate reapportionment. Prior to recording the final map, the subdivider shall submit any and all completed reapportionment diagrams and legal documents to the city engineer for review, distribution, and recording.

Ord. 98-10 § 1, 1998

(A) Approval by City Engineer. Upon receipt of the final map and other data, the map and data shall be referred to the city engineer who shall determine whether the subdivision as shown is substantially the same as it appeared on the tentative map or vesting tentative map, with any approved alterations, and that all provisions of the conditions of approval and this title applicable at the time of approval of the tentative map or vesting tentative map have been complied with, and that he is satisfied that the map is technically correct. If the city engineer determines that full conformity has not been made, he shall advise the subdivider of the changes or additions. If the city engineer determines that full conformity has been made, he shall so certify on the map and transmit the map to the city clerk.

(B) Approval by City Council. At its first regular meeting following the filing of said map with the city clerk as aforesaid, or within thirty days following the filing thereof, the city council shall consider said map, the plan of subdivision and the offers of dedication. The city council may reject any or all offers of dedication.

(1) If the city council determines that said map is in conformity with the requirements of the conditions of approval and this title and that it is satisfied with the plan of subdivision, it shall approve said map provided it is in conformity with the tentative map. When the subdivider has filed with the city clerk any agreement and bonds or deposits required, and when such agreement and bonds and deposits shall have been approved by the city attorney and the city engineer, the city clerk shall certify the map. When all bonds, money or negotiable bonds required under the provisions of this code to secure the payment of taxes and assessments which are a lien on some part of the subdivision but which are not yet payable have been deposited with and approved by the city clerk, (s)he shall transmit the final map to the subdivider to record it in the office of the county recorder.

(2) If the city council determines that the map is not in conformity with the requirements of this chapter and the Map Act, it shall disapprove said map specifying its reason or reasons therefor and the city clerk shall, in writing, advise the subdivider of such disapproval and of the reason or reasons for such disapproval.

(3) Within thirty days after the city council has disapproved any map, the subdivider may file a map altered to meet for approval of the city council. No map shall have any force or effect until the final map has been approved by the city council and recorded in the office of the county recorder, and no title to any property described in any offer of dedication shall pass until the recording of the final map.

Ord. 98-10 § 1, 1998

improvements required.

(A) Prior to city council consideration of the final map, the subdivider shall execute a subdivision agreement between himself and the city. The agreement shall provide for installation of all improvements as shown on the approved plans and specifications for the project, and specify the period of time within which he or his agent or contractor shall complete all improvement work to the satisfaction of the city engineer. In the event the subdivider fails to complete such work within said period, the agreement shall include provisions for the city to complete all improvements and recover the full cost and expense thereof from the subdivider. Such agreement may also provide the following:

(1) For the construction of the improvements in phases, if applicable and approved by the city council;

(2) For an extension of time under conditions therein specified;

(3) For the termination of the agreement upon the completion of proceedings under an assessment district act for the construction of improvements deemed by the city engineer to be at least the equivalent of the improvements specified in said agreement and required to be constructed by the subdivider.

(B) The subdivider shall also file with the aforesaid agreement, to assure his full and faithful-performance, a financial security for such sum as is deemed sufficient by the city engineer to cover the cost of said improvements and incidental expenses and to cover replacement and repair of existing streets, other improvements damaged in the development of the subdivision, and to cover fees. A labor and materials bond and a separate warrantee bond in amounts satisfactory to the city engineer are also required. Such bonds shall be executed by a surety company authorized to transact a surety business in the state of California and must be satisfactory to and approved by the city attorney as to form and by the city engineer as to sufficiency. In lieu of said bond, the subdivider may deposit with the city treasurer cash in an amount fixed by the city engineer.

(C) In the event the subdivider fails to complete all improvement work in accordance with the provisions of this title, and the city completes it, or if the subdivider fails to reimburse the city for the cost of inspection, engineering and incidental expenses for the work performed, and 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, or shall appropriate from any cash deposit funds for reimbursement. If the amount of the surety bond or cash deposit is less than all costs and expenses incurred by the city, the subdivider shall be liable to the city for such difference and applicable attorney's fees.

(D) No extension of time, progress payments from cash deposits, or releases 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 city council.

Ord. 98-10 § 1, 1998

If no lots in a subdivision for which a final map has been approved and

recorded under this title prior to the effective date of the ordinance codified in this title have been sold within five years from the date of recording of the maps or if none of the improvements required to be made have been made within two years from the date of recording, the city council may on its own motion hold a public hearing, after notice to all property owners affected to determine whether the approval of such final map should be revoked. If it is determined that such approval should be revoked, the city council shall by resolution revoke such approval without prejudice to the filing of a new map pursuant to this chapter. Such revocation shall be effective upon recording of a certified copy of such resolution in Napa County and thereupon all streets, ways and other easements dedicated or offered for dedication by such map shall be of no further force or effect.

Ord. 98-10 § 1, 1998