Antioch Municipal Code Art. 5 Final Maps

Within two years after the approval of the tenta-tive map, the subdivider shall cause the preparation of a final map which shall be in approximate conformity with the tentative map or any approved alteration thereof. A one-year extension of such time period may be granted as set forth in § 9-4.509 of this article.

('66 Code, § 9-4.501) (Ord. 275-C-S, passed 3-11-75; Am. Ord. 560-C-S, passed 1-19-84)

A final map shall be deemed filed with the legislative body and/or delivered to the City Engineer only when it complies with all the requirements, and is accompanied by all the items, specified in §§ 9-4.502 through 9-4.507.

(Ord. 998-C-S, passed 8-13-02)

Final maps shall be ready for recordation and shall comply with all requirements of Cal. Gov't Code § 66434 and contain the wet signatures of owners, trustees, engineer/surveyor and applicable notaries.

('66 Code, § 9-4.502) (Ord. 275-C-S, passed 3-11-75; Am. Ord. 998-C-S, passed 8-13-02)

(A) The title sheet of the final map shall contain the subdivision number and the subdivision name conspicuously placed at the top of the sheet. Below the subdivision number shall appear a subtitle consisting of a general description of all the property being subdivided by reference to maps which have been previously recorded or by reference to a United States survey.

(B) Affidavits, certificates, acknowledgments, endorsements, acceptances of dedication, and the notarial seals required by law and the provisions of this chapter shall appear only once upon the title sheet (first sheet). If more than two sheets are used, a key diagram shall be included on the first sheet.

('66 Code, § 9-4.503) (Ord. 275-C-S, passed 3-11-75)

There shall appear on each final map sheet the scale, the north point, and the basis of bearings. The scale shall be no smaller than 100 feet to one inch. The basis of bearings shall be that of Zone 3, California Coordinate System, or other basis approved by the City Engineer, and the map shall show the equation of bearings to the true north. California coordinates shall be established and shown when required by the City Engineer.

('66 Code, § 9-4.504) (Ord. 275-C-S, passed 3-11-75)

(A) Easements.

(1) Easements for roads, streets, paths, storm water drainage, sanitary sewers, or other public uses as may be required by a city agency shall be dedicated to the public for future acceptance by a public agency, and the use shall be specified on the map.

(2) Easements for an existing or proposed utility installation for the use of a private or nongovernmental agency shall not be shown on the map unless there is a recorded conveyance to such individual or corporation, except as provided in subdivision (4) of this division.

(3) All easements of record shall be shown on the map, together with the names of the grantees and sufficient recording data to identify the conveyance, for example, the County Recorder's serial number and date or the book and page of county records.

(4) Easements not disclosed by the records in the office of the County Recorder and found by the surveyor or engineer to be existing in the subdivision prior to the date of filing for record of the subdivision map shall be specifically designated on the map, naming the persons using such easements and describing the specific purposes for which the easements are being used.

(5) Easements evidenced by the records in the office of the County Recorder prior to the date of filing for record of the subdivision map shall be specifically designated thereon by the volume and page of the conveyances which established such easements and the names of the grantees in such conveyances or the grantors named in the conveyances who reserved the easements.

(6) The side lines of all such record easements shall be shown by dashed lines on the final map with the widths, lengths, and bearings thereof in figures, if available from the records.

(B) Linear, angular, and radial data. Sufficient linear, angular, and radial data shall be shown to determine the bearings and lengths of the boundary lines of the subdivision and of the boundary lines of every lot and parcel which are a part thereof. The length, radius, and the total central angle or radial bearings of all curves shall be shown.

(C) Adjoining subdivisions. The adjoining corners of all adjoining subdivisions shall be identified by subdivision number or name and reference to the book and page of the recorded map showing such subdivision and, if no such subdivision is adjacent, by the name and reference to the recorded deed by book and page number for the last recorded owner of such adjacent property.

(D) Monuments. The location and description of all existing and proposed monuments shall be shown. The final map shall show the monument lines of each street, the boundaries of each street, including the widths of the portions of any fractional streets being dedicated, the widths of existing street rights-of-way, when available from public records, and the widths of each side of the monument lines of whole streets. The widths and locations of adjacent streets shall be shown as determined from public records. Whenever the City Engineer has established either the center line or monument line of the street and such information is made a public record, such location and data shall be shown on the final map.

(E) Additional data. The side lines of alleys and walkways shall be shown in dashed lines. Each lot shall be shown entirely on one sheet of the final map.

(1) Dimensions of lots shall be given as the net dimensions to the boundaries of adjoining streets.

(2) No ditto marks shall be used in the dimensions and data shown on the map.

(3) If the subdivider elects to show the area of the lot, the area shall be exclusive of that portion lying in the street.

('66 Code, § 9-4.505) (Ord. 275-C-S, passed 3-11-75)

The final map shall be accompanied by the documents, security instruments, bonds, or cash deposits set forth herein, which documents, bonds, instruments or cash deposits shall be approved by appropriate city officials before the final map is approved by the Council:

(A) Improvement security in one of the following forms:

(1) Bond or bonds issued by one or more duly authorized corporate securities in an amount equal to 100% of the total estimated costs of the improvements for faithful performance, and in an amount equal to 100% of the total estimated costs of the improvements for labor and materials, no part thereof to be released until the expiration of six months after the completion and acceptance of the work by the Council. The faithful performance bond may, after completion and acceptance, be reduced to 50% of the original amount and held for a period of one year following acceptance as security for the warranty of work performed.

(2) A deposit, either with the city or a responsible escrow agent or trust company, at the option of the City Engineer, of money or negotiable bonds of the kind approved for securing deposits of public moneys, in the amounts and for security as specified above, to be released in the same manner as described above for bonds.

(3) An irrevocable letter of credit in form acceptable to the City Attorney issued by a financial institution acceptable to the City Attorney in an amount equal to 100% of the total estimated costs of the improvements for faithful performance, no part thereof to be released until the final completion and acceptance of the work by the Council, and in an amount equal to 100% of the total estimated costs of the improvements for labor and materials, no part thereof to be released until the expiration of six months after the completion and acceptance of the work by the Council.

(4) An instrument of credit from an agency of the state, federal or local government when any agency of such governments provides at least twenty percent of the financing for the portion of the act or agreement requiring security, or from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter of credit issued by such financial institution. Such instrument of credit shall be in the amounts, for the security specified, and shall be released, in the same manner described above for bonds and letters of credit.

(5) A lien upon the property to be divided, created by contract between the owner and the city, if the City Engineer finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map.

(B) An original, signed subdivision agreement, to be executed by the subdivider or his agent, guaranteeing the completion of the construction of the improvements required by the governing body within a specified time and payment therefore, satisfactory to the City Attorney as to legality and satisfactory to the City Engineer as to amount.

(C) Prior to the commencement of the construction, the subdivider shall pay to the city the costs for inspections of the work and the checking and testing of the materials at the rate established by resolution of the Council.

(D) A letter from the Tax Collector showing that all payable taxes have been paid and a bond for the payment of taxes then a lien but not yet payable, as required by the Subdivision Map Act.

(E) A cash payment, or receipt therefore, of all the fees required for the checking and filing of the maps and the inspections of the construction; payment for the street signs to be furnished and installed by the city, if required by the subdivider; a cash deposit for the payment of such fire hydrant rental fees as may be established by the respective fire districts or water company or district having jurisdiction; and any other applicable fees or deposits.

(F) Deeds for the easements or rights-of-way for road purposes map.

(G) Written evidence acceptable to the city, in the form of rights of entry or permanent easements across private property outside the subdivision, permitting or granting access to perform the necessary construction work and permitting the maintenance of the facility.

(H) Agreements acceptable to the city, executed by the owners of existing utility easements within the proposed roads rights-of-way, consenting to the dedication of roads or consenting to the joint use of the rights-of-way as may be required by the city for the purpose use and convenience of the roads.

(I) A surety bond acceptable to the city, guaranteeing the payment of the taxes and assessments which will be a lien on the property, as set forth in the Subdivision Map Act, when applicable.

(J) Evidence of payment of drainage district fees.

(K) Payment of map maintenance fee.

(L) Payment of the assessment district apportionment fee, if applicable.

('66 Code, § 9-4.506) (Ord. 275-C-S, passed 3-11-75; Am. Ord. 821-C-S, passed 8-22-91; Am. Ord. 998-C-S, passed 8-13-02)

(A) Preliminary prints; checking fees. The subdivider shall submit two sets of prints of the final map and certificate sheets to the City Engineer for checking purposes before the certificates on the original tracings are executed. The preliminary prints shall be accompanied by a checking fee, payable to the city, as specified by resolution, and by traverse sheets prepared by the subdivider's engineer, showing the mathematical closure of the exterior boundaries of the subdivision. The error of closure in traverse around the subdivision and around the interior lots or blocks shall not exceed one part in 20,000. The City Engineer, within 30 working days, shall note the required corrections, if any, on one set of the preliminary prints and return them to the engineer for the final revisions of the maps.

(B) Final maps. The original tracing of the final map of a subdivision, prepared in accordance with the Subdivision Map Act and the provisions of this chapter, corrected to its final form, and signed by all other parties required by the Subdivision Map Act and the provisions of this chapter to execute the certificates on the map, shall be submitted to the City Engineer for his approval and transmittal to the Council. The final map shall be accepted for filing by the City Engineer when the map and all the required supplementary documents and fees have been presented and approved.

('66 Code, § 9-4.507) (Ord. 275-C-S, passed 3-11-75; Am. Ord. 628-C-S, passed 4-24-86)

The subdivider may elect to file a final map for a subdivision which is a unit of an approved tentative map, together with an agreement to construct the improvements necessary to constitute a logical and orderly development of the whole subdivision.

('66 Code, § 9-4.508) (Ord. 275-C-S, passed 3-11-75)

The time limit for recording the final map shall be two years, commencing with the approval of the tentative map by the Council, unless an extension of time is granted. Upon a written application made by the subdivider within two years after the approval of the tentative map, the Council, upon a recommenda-tion by the Commission, may grant an extension of not to exceed one year for the recording of the final map.

('66 Code, § 9-4.509) (Ord. 275-C-S, passed 3-11-75; Am. Ord. 519-C-S, passed 4-22-82)

The subdivider shall present to the County Recorder the evidence of title required by the Subdivision Map Act.

('66 Code, § 9-4.510) (Ord. 275-C-S, passed 3-11-75)

The City Engineer, within 20 working days following the receipt of the final map, shall present the map, together with the accompanying documents, to the Council for approval.

('66 Code, § 9-4.511) (Ord. 275-C-S, passed 3-11-75)

Upon the presentation of the final map, the Council, at its next meeting, or within a period of 10 days after such submission, shall approve the map if it conforms to all the requirements of law and the provisions of this chapter. The Council shall, at the time of its action thereon, accept or reject any or all offers of dedication of streets and other easements. Upon the approval of any final map, the Clerk of the Council shall submit the map to the subdivider for recording in the office of the County Recorder.

('66 Code, § 9-4.512) (Ord. 275-C-S, passed 3-11-75)

Prior to the submission of the final subdivision map, the subdivider shall file with the City Engineer a preliminary soil report, prepared by a civil engineer who is registered by the state, based upon adequate test borings or excavations of every subdivision, as defined in Cal. Gov't Code §§ 66490 and 66491. The preliminary soil report may be waived if the City Engineer shall determine that, due to the knowledge of such department as to the soil qualities of the subdivision, no preliminary analysis is necessary.

('66 Code, § 9-4.513) (Ord. 275-C-S, passed 3-11-75)

If the preliminary soil report indicated the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, a soil investigation of each lot in the subdivision shall be prepared by a civil engineer who is registered by the state. The soil investigation shall recommend corrective action which is likely to prevent structural damage to each dwelling proposed to be constructed on the expansive soil. The report shall be filed with the City Engineer.

('66 Code, § 9-4.514) (Ord. 275-C-S, passed 3-11-75)

The City Engineer shall approve the soil investigation if he determines that the recommended corrective action is likely to prevent structural damage to each dwelling to be constructed on each lot in the subdivision. Appeals from such determinations shall be to the Council. The building permit shall be conditioned upon the incorporation of the approved recommended corrective action in the construction of each dwelling.

('66 Code, § 9-4.515) (Ord. 275-C-S, passed 3-11-75)

Every final map approved pursuant to the provisions of this article shall be conditioned on compliance with city requirements for grading and erosion control, including the prevention of sedimentation or damages to off-site property.

('66 Code, § 9-4.516) (Ord. 275-C-S, passed 3-11-75)