Atherton Municipal Code Ch. 16.20 Final and Parcel Maps

Sections:

• 16.20.010 Submittal of final/parcel map.

• 16.20.020 Requirements and conditions for final and parcel maps.

• 16.20.030 Action and certification on parcel and final maps.

• 16.20.040 Approval by city council.

• 16.20.050 Recordation.

• 16.20.060 Certificates.

• 16.20.070 Improvement agreement and bond.

• 16.20.080 Reversion to acreage.

After approval or conditional approval of a tentative map, the subdivider shall cause the subdivision, or any part thereof, to be surveyed and shall cause to be prepared a final map or parcel map in conformance with the tentative map as approved or conditionally approved, and in compliance with the provisions of the Subdivision Map Act and this title. The subdivider shall submit said map, comply with all conditions of approval, and the final map or parcel map shall have been recorded within twenty-four months of said approval or conditional approval.

A. If the subdivider is subject to a requirement of one hundred thousand dollars or more to construct, improve, or finance the construction or improvement of public improvements outside the boundaries of the tentative map, each filing of a final map shall extend the expiration of the approved or conditionally approved tentative map by thirty-six months from the date of its expiration, or the date of the previously filed final map, whichever is later.

The extensions shall not extend the tentative map more than ten years from its approval or conditional approval. The number of phased final maps which may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map.

B. One or more extensions of time, up to a total of thirty-six additional months, for filing a final map or parcel map may be granted by the city council; provided, that written application for each extension is made by the subdivider prior to expiration of the map. (Ord. 441 § 1, 1988)

Requirements and conditions for final and parcel maps.

A. Form and Scope. The form of a final map or parcel map shall be as provided in the Map Act. The scale of the map shall be not less than one inch per one hundred feet.

• B. Certificates. The final map or parcel map shall contain all certificates required by this title or the Map Act.

C. Compliance with Conditions. All conditions of approval of the tentative map shall be fulfilled prior to approval of a final map or parcel map, except those conditions which are fulfilled by the filing of an agreement to perform those conditions as specified in this title.

D. Expiration of Maps. Unless a final map or parcel map is filed, and all conditions of approval are fulfilled within said twenty-four-month period, or such extension as may be granted, the tentative map shall expire and all proceedings shall terminate. Thereafter, no final or parcel map shall be filed without first processing a tentative map.

E. Dedications. All streets, highways and other public ways, and all other easements, dedication of access rights or areas required or offered for public use and dedication shall be shown on the final map. In the case of a parcel map such dedications may be made either on the parcel map or by separate instrument as determined by the city engineer.

F. Number of Prints. Reproducibles and an additional number of prints of the final or parcel map, as determined by the city engineer, which conform to the requirements of the Map Act shall be submitted to the city manager.

G. Additional Documents. The subdivider shall submit along with the final map or the parcel map the following documents:

1. A subdivision guarantee issued by a licensed title insurance company in the name of the record owner or owners, issued for the benefit and protection of the town, showing as to the subdivision and each dedication or offer of dedication all the parties whose consent is necessary and their interest therein;

2. The instrument prohibiting traffic over the sidelines of a highway, street or way, when and if the same is required by this title;

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

4. A copy of the proposed deed restrictions;

5. Any other documents, to fulfill requirements certifications, or instruments necessary of state law or requirements at the time the tentative map was approved or conditionally approved.

H. Key Map and Legend. When the final map or parcel map consists of two or more sheets, except sheets showing only certificates and similar in text, a key map showing the relation of the sheets shall be placed on the first sheet. Every sheet shall bear the scale, north point, legend, sheet number, and the number of sheets comprising the map.

I. System. Whenever the city engineer has established a system of coordinates, the survey shall be tied into such system. The map shall show clearly what stakes, monuments, or other evidences were found on the ground to determine the boundary of the tract. The corners of all adjoining recorded subdivisions shall be identified by lot and block numbers, tract name and place of record, or other proper designation.

J. Block Numbers. Block numbers, if used, shall begin with the number “1” continuing consecutively without omission or duplication throughout the tract. The numbers or letters shall be solid and of sufficient size and thickness to stand out and shall be so placed as not to obliterate any figure and shall not be enclosed in any design. Each block in its entirety shall be shown on the sheet. Where adjoining blocks appear on separate sheets, the street adjoining both blocks shall be shown on both sheets complete with centerline and property line data.

K. Boundary. The boundary of the subdivision shall be designated by a distinctive border. Such border shall not interfere with the legibility of figures or other data.

L. Town Boundary Line. Town boundary lines crossing or abutting the subdivision shall be clearly designated and referenced.

M. Easements. The map shall show the sideline of all easements to which the lots are subject. The easements must be clearly labeled and identified and if already of record, their recorded references 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 fine dotted lines. The width of the easement and the lengths and bearings of the lines thereof 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 owners certificate of dedication.

N. Lot Lines and Boundary Lines. Sufficient data shall be shown to determine readily the bearing and length of every street centerline, lot line, block line, and boundary line. Dimensions of lots shall be given as the net dimensions, corner to corner, and shall be shown in feet and hundredths of a foot. No ditto marks shall be used. The total area of each lot shall be shown in square feet. The gross and net (exclusive of access area) area of flag lots shall be shown in square feet. Bearings and distances of straight lines and radii and arc length of curves, as may be necessary to determine the location of the curves and tangent points, shall be shown. No lot shall be deemed to include any part of any existing or proposed public right-of-way as part of its area.

O. Lot Numbers. Lot numbers shall begin with the number “one” and shall continue consecutively through the block, with no omissions or duplications. In the case of parcel maps, letters may be used. They shall be numbered or lettered in a clockwise direction from the upper lefthand corner. North shall be generally up on the map.

P. Monument Line. Whenever the city engineer has established the monument line of a street or alley adjacent to or in the proposed subdivision, the map shall show the date that all such monuments were established, shall indicate all such monuments found and shall refer such monuments to a field book or map. If the points were reset by ties, the course and detail of relocation data used by the city engineer shall be stated.

Q. Monuments. The map shall show the location and description of all monuments found in making the survey of the proposed subdivision and shall include the bearings and distances to such other existing monuments as may be necessary to establish each portion of the proposed subdivision in relation to such existing monuments.

R. Use of Lots. The map shall particularly define, delineate and designate all lots 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.

S. Soils and Geologic Report. When a soils and geologic report has been prepared, the date of the report(s) and the name(s) of the engineer(s) making the report(s) shall be recorded on the map.

T. Streets and Other Rights-of-Way. The map shall show the center lines of all streets, the total width of all streets, the width of the portion being dedicated and the width of existing dedications, and the width each side of the centerline. It shall also show width of any railroad rights-of-way appearing on the map.

U. Additional Data. The map shall show all other data that is or may be required by law. (Ord. 441 § 1, 1988)

A. Action on Parcel and Final Maps—Approval of City Engineer. When the parcel or final map and other data are received by the city engineer, he shall examine such to determine that the subdivision as shown is substantially the same as it appeared on the tentative map, and any approved alterations thereof, that all provisions of the law and of this title applicable at the time of approval of the tentative map have been complied with, and that he is satisfied that the map is technically correct. If the city engineer shall determine that full conformity has not been made, he shall advise the subdivider of the changes or additions that must be made to bring the map into conformity and give the subdivider an opportunity to make such changes or additions. When the city engineer determines that there has been compliance with this section, he shall so certify by signing the city engineer certificate on the map and shall transmit the map to the city clerk. The city clerk shall determine that there has been compliance with the following:

1. All the certificates which appear on the parcel or final map, except the city clerk’s certificate, have been signed;

2. A subdivision agreement executed by the subdivider, and bonds and deposits all acceptable to the city manager, city engineer and city attorney accompany the parcel or final map.

3. There is on file with the city clerk a subdivision guarantee issued by a licensed title insurance company in the name of the record owner or owners, issued for the benefit and protection of the town, certifying that the signatures of all persons whose consent is necessary to pass a clear title to the land being subdivided and all acknowledgements thereto appear on the proper certificates and are correctly shown on the map, both as to consents as to the making thereof and affidavits of dedication where applicable.

4. A letter or report from a licensed title insurance company certifying that 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 or special assessments not yet payable, and as to the latter the subdivider shall submit a statement by each proper officer giving his estimate of the amount of taxes and assessments which are a lien but which are not yet payable.

• B. The final map shall not be submitted to the city council for action until all of the above items are complete. (Ord. 441 § 1, 1988)

At its meeting at which it receives the parcel or final map, or at its next regular meeting after the meeting at which it receives the map, 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. If the city council shall determine that said map is in conformity with the tentative map, the requirements of this title and the Map Act, it shall approve said map. If the city council determines that the map in not in conformity with the tentative map, the requirements of this title 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. Within thirty days after the city council has disapproved any map, the subdivider may file with the city engineer a map altered to meet the requirements of the city council. In such case, the subdivider shall conform to all the requirements imposed upon him by this title when filing the first parcel or final map with the city engineer. No 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 parcel or final map. (Ord. 441 § 1, 1988)

Upon approval of any final map, and after the required signatures and seal have been affixed, the city clerk shall cause the map to be transmitted to the clerk of the board of supervisors for ultimate transmittal to the county recorder. (Ord. 441 § 1, 1988)

The following certificates, statements and acknowledgments and any other now or hereafter required by law shall appear on the parcel or final map:

A. A statement signed and acknowledged by all parties having any record title interest in the land subdivided, consenting to the preparation and recordation of said map, provided that the signatures of parties owning certain types of interests may be omitted if permitted by Section 66436 of the California Subdivision Map Act.

B. Dedication Certificate. A certificate properly signed and acknowledged offering for dedication all parcels of land shown on the 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.

C. Engineer’s Certificate. A certificate by the civil engineer or licensed surveyor responsible for the survey and parcel or final map. The signature of such civil engineer or surveyor unless accompanied by his seal must be attested.

• D. A certificate for execution by the city engineer.

• E. A certificate for execution by the city clerk.

• F. A certificate for execution by the county recorder. (Ord. 441 § 1, 1988)

A. Agreement and Bond for Improvements. Prior to approval by the city council of the final map, the subdivider shall execute and file an agreement between himself and the town, specifying that he or his agent or contractor shall complete all improvement work to the satisfaction of the city engineer within one year from city council approval; and providing that if he shall fail to complete such work within said period, the town may complete the same and recover the full cost and expense thereof from the subdivider. The agreement shall also provide for the inspection of all improvements by the city engineer, and reimbursement of the town by the subdivider for the cost of such inspection. Such agreement may also provide the following:

1. For the construction of the improvements in units;

2. For an extension of the time to perform specified improvements, with appropriate conditions on such extension;

3. For the termination of the agreement upon the completion of proceedings under an assessment district 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; and

4. For progress payment.

B. Improvement Bond. The subdivider shall also file with said agreement, to assure his full and faithful performance, a bond for such sum as the city engineer recommends and city council approves to cover the cost of said improvements, engineering, inspection, and incidental expenses, to cover replacement and repair of existing streets, other improvements damaged in the development of the subdivision, and to cover costs and reasonable expenses and fees, including attorney’s fees, to guarantee the work for two years following completion against defective work and/or materials. Such bond shall be executed by a surety company authorized to transact a surety business in the state, and must be satisfactory to and be approved by the city attorney as to form and recommended by the city engineer as to sufficiency; the form of such bond shall be as prescribed by Government Code Section 66499.1. In lieu of said bond the subdivider may deposit with the city treasurer, cash in an amount fixed by the city council. Letters of credit are not acceptable.

C. Liability of Subdivider. In the event the subdivider shall fail to complete all improvement work in accordance with the provisions of this title and the town completes it, or if the subdivider fails to reimburse the town for the cost of inspection, engineering and incidental expenses, or to cover cost or replacement and repair of existing streets or other improvements damaged in the development of the subdivision, the Town shall call upon the surety for reimbursement. If the amount of surety bond or cash deposit exceeds all costs and expense incurred by the town, it shall release the remainder of such bond or cash deposit. If the amount of the surety bond, cash deposit or certification is less than the cost and expense incurred by the town, the subdivider shall be liable to the town for such difference.

D. Requirement for Final Release of Funds. No extension of time, progress payments from cash deposits, or releases of surety bond, cash deposit, or certification shall be made except upon a written statement by the city engineer that work covered thereby has been satisfactorily completed, and upon approval of the city manager. (Ord. 441 § 1, 1988)

A reversion to acreage shall be accomplished in conformance with Chapter 6 of the Subdivision Map Act. A parcel map may be filed for the purpose of reverting to acreage land previously subdivided and consisting of four or less contiguous parcels under one ownership. All maps filed for the purpose of reverting land to acreage shall be conspicuously so designated under the title “The Purpose of this Map is a Reversion to Acreage.” (Ord. 441 § 1, 1988)