Blue Lake Municipal Code Ch. 16.28 Final Map, Reversion to Acreage and Merger

A. Prior to the expiration of the tentative map and the submittal of the final map, the subdivider shall cause the subdivision or any part thereof, to be surveyed and a final map thereof prepared in accordance with Government Code Section 66456 in conformance with the tentative map as approved or conditionally approved. Multiple final maps may be placed on one tentative map in accordance with Government Code Section 66456.1.

B. The original and two blue line or black line prints of the final map shall be filed with the Planning Commission. Fees must be paid according to the City's current master fee schedule. Within three days after the filing of the final map, the City Clerk shall transmit the tracings and prints thereof to the City Engineer for his or her review. Upon the City Engineer's review and approval, it shall be submitted to the City Clerk for filing.

C. An improvement agreement will be prepared and signed by the subdivider and the City. The agreement shall be consistent with Government Code Section 66462 et seq., as a condition precedent to the approval of the final map.

D. An extension of time for filing of the final map may be granted by the City Council upon recommendation by the Planning Commission, providing written application is made by the subdivider prior to the expiration of the tentative map, in accordance with Section 16.24.050 and in accordance with Government Code Section 66456.2.

E. A copy of any deed restrictions applicable to the subdivision shall be filed with the City Clerk at the time of filing the final map.

F. At the time of the filing of the final map, with the Planning Commission, the subdivider shall also file therewith the following:

1. In the event any dedication is to be made for the public use, a current title report, prepared within six months prior to submission, issued by a title insurance company in the name of the owner of the land, issued to or for the benefit and protection of the City of Blue Lake, showing all parties whose consent is necessary and their interest therein, all in accordance with Government Code Section 66465 and Article 3, Dedications, of Chapter 4 of the Subdivision Map Act.

2. Sheets and 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 and/or highway stations. All calculations shall be submitted.

3. Drawings and specifications which constitute the improvement plans for the subdivision.

A. The final map shall be clearly and legibly ink-drawn upon mylar. Typewriting or rubber stamps may be used if legible by reproduction and as approved by the City Engineer. The map shall be so made and shall be in such condition when filed that legible blueprints and negatives can be made therefrom. The size of the sheets shall be 18 by 26 inches leaving a margin of one inch on all edges. The scale of the final map shall be suitable to clearly convey all of the information on the map.

B. Every sheet comprising the final map shall bear the scale, north point, legend, sheet number, and number of sheets comprising the map.

C. The survey shall be tied into the City monument system and shall be done on the California coordinate system.

D. Sufficient data must be shown to determine readily the bearing and length of every lot line, block line and boundary line. Dimensions of lots shall be given as total dimensions, corner to corner, 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 for the centers of the 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. Whenever the City Engineer has established the center line of a street or alley, adjacent to or in the proposed subdivision, the data shall be shown on the final map indicating all monuments found and a reference shall be made to the source of the information. If the points were reset by ties, the course and detail relocation data shall be shown. Applicant shall install new monuments at locations required by the City Engineer and consistent with the Subdivision Map Act.

A. The final map shall show clearly all stakes, monuments or other evidence found on the ground which were used as ties to determine the boundaries of the tract. The corners of adjoining subdivisions or portions thereof shall be identified and ties shown.

B. All permanent monuments shall be placed prior to recording the final map in conformance with Government Code Sections 66495, 66496, 66497, and 66498.

C. Prior to completion of the City Engineer's certificate of compliance per Section 16.28.090, if the subdivider placed a cash deposit with the City, the City shall pay the surveyor or engineer with the deposit, if so requested by the subdivider. If the subdivider does not present evidence of payment, and if the surveyor or engineer notifies the City of Blue Lake that payment has not been received for setting the final monuments, the City of Blue Lake shall pay the surveyor or engineer from the deposit, within three months of the notification.

A. Where this chapter requires additional information to be filed or recorded simultaneously with the final or parcel map, the additional information shall be in the form of a separate document or an additional map sheet in conformance with Government Code Section 66434.2 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. It is understood for purposes of this chapter that, where this chapter states the requirements for additional information to be placed on the final map, such additional information shall be provided in accordance with the above Government Code Section.

B. The final map shall show the line of high water and flood hazard zones.

C. The final map shall show the lots, by number, which have fill.

D. The final map shall show building setback lines.

E. The final map shall show seismic lines and setbacks.

F. The boundary of the subdivision shall be designated by a border applied to the reverse side of the tracing.

G. Streets and Rights-of-Way. The final map shall show the right-of-way lines of all streets, the dimensions of all portions being dedicated and existing dedications. All easements and rights-of-way shall be shown and dimensioned. Each street shall be named from a list prepared and approved by the Planning Commission.

H. The final map shall show the dimensions of all easements to which the subdivision and the lots are subject. The easements will be clearly labeled and identified, and if already on record, its recorded reference given. Easements for storm drains, 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, will be shown. All dedications shall be in accordance with Government Code Section 66439.

I. City and all district and agency boundary lines crossing or bounding the subdivision shall be clearly designated.

J. Subdivision lots shall be identified with numbers or letters. Easements, rights-of-way and other public parcel dedications shall be identified by alphabetical letters.

K. The final map shall provide a statement regarding the preparation of a soils report, together with the date of the report and name of the responsible professional making the report. The City will provide the soils report and/or geologic report in accordance with Government Code Section 66434.5.

L. The final map shall also show all other data that is or may be required by law, and by Article 2 of Chapter 2 of the Subdivision Map Act (commencing with Government Code Section 66433).

A. The survey for the final map shall be prepared by or under the direction of responsible parties and shall contain the information identified in Government Code Sections 66434 and 8772.

B. The accuracy of the survey shall be better than second order. Calculations must be submitted to the City Engineer.

A. The subdivider shall improve, and/or agree to improve, and have improvement plans prepared for, all lands dedicated for streets, alleys, pedestrian ways, drainage channels, easements, rights-of-way, water system, sewage system, and all other infrastructure, all in accordance with Government Code Section 66456.2, as a condition precedent to acceptance thereof and approval of the final map.

B. Improvements shall conform with the City of Blue Lake Subdivision Design Standards as prepared by the City Engineer, and as approved by the City Council; and to Caltrans standards, AASHTO standards, APWA standards, and ASTM standards, as approved by the City Engineer.

C. An improvement agreement shall be prepared and signed between the subdivider and the City of Blue Lake. The agreement shall conform to Government Code Sections 66462 and 66462.5, and Section 16.28.090 of this chapter.

D. Improvements shall be constructed in accordance with plans approved by the City Engineer. Improvements shall be installed to grades prescribed by the City Engineer. Notice shall be given by the subdivider to the City Engineer and Director of Public Works no later than 48 hours prior to the commencement of construction.

E. The City Engineer and/or his/her representatives shall have the right to enter upon the sites of improvements for the purpose of inspecting them and shall be furnished with samples of materials as may be required by the City Engineer for the making of tests to determine the acceptability of such materials. The City shall charge the subdivider for its costs of materials testing and inspections at a cost established on the master fee schedule.

F. Whenever this chapter requires that a subdivider install sewers, drains, water lines or other public facilities as conditions precedent to the acceptance of a final or parcel map, and where, in the opinion of the Planning Commission, it is necessary that mains or other facilities be constructed which can be, or will be, used for the benefit of property not in the subdivision, and such facilities are dedicated to the public, the City Council may, by contract with the subdivider, agree to reimburse the subdivider for such public facility, or a portion thereof, as determined within a study of allocated costs prepared by the City Engineer and submitted to the Planning Commission for its approval. Such report shall also take into account the repayment provisions of the current sewer and water ordinances of the City.

G. Upon completion of the required improvements by the subdivider, the City Engineer shall make a final inspection of the subdivision. When it is found upon inspection that all improvements have been installed in accordance with the improvement agreement, the City Engineer shall transmit a letter indicating such findings to the City Council and the Planning Commission.

H. The final map shall be accompanied by a utilities plan showing location plan and profile of sewer and water; and a plan of street lighting and power.

I. The final map shall be accompanied by a drainage plan showing street grades, curbs, gutters, catch basins, storm sewers, drainage channels, natural drainageways 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.

J. A cost estimate of the value of construction improvements shall be submitted to the City Engineer by a registered professional engineer in California, prior to approval of the final map.

A. All statements and acknowledgements, now or hereafter required by law, shall appear on the final map in accordance with Government Code Sections 66433 through 66443.

1. Standards for preparation shall be consistent with Government Code Section 66434.

2. Acknowledgement of owner's development liens shall be shown on the final map in accordance with Government Code Section 66434.1.

3. Certificates, statements and acknowledgements made by separate instrument shall be filed concurrently with final maps consistent with Government Code Section 66435.1. Final maps shall reference separately recorded certificates, statements or acknowledgements.

4. When a soils report, geologic report or sails and geologic report has been prepared specifically for the subdivision, each report shall be kept on file for public inspection by the City.

5. A statement, signed and acknowledged by all parties having any record title interest in the subdivided real property, consenting to the preparation and recordation of the final map, shall be prepared in accordance with the requirements and exceptions of Government Code Section 66436.

6. Dedications of, or offers to dedicate interests in, real property for specified public purposes shall be made by a statement on the final map in accordance with the requirements of Government Code Section 66439.

7. A statement by the civil engineer or professional land surveyor responsible for the survey and final map is required. His or her statement shall give the date of the survey, state that the survey and final map were made by him or her, or under his or her direction, and that the survey is true and complete as shown. Additional statements shall be consistent with the requirements of Government Code Section 66441.

8. A statement for execution by the City Engineer is required and shall be prepared in accordance with Government Code Sections 66442 and 66449.

9. A statement for execution by the City Planning Commission is required and shall be prepared in accordance with Government Code Section 66440. It shall state that "The tentative map was approved by resolution of the Planning Commission." The date and the number of the resolution shall appear in the certificate. It shall be signed by the chair of the Planning Commission.

10. A statement of soils and/or engineering geology report preparation shall be made if such report is required under this chapter. The statement shall identify whether the report is a soils and/or engineering geology report, that the report was prepared, an identification of the professional preparing the report, and that the report is on file with the City of Blue Lake.

11. A statement for execution by the City Clerk is required in accordance with Government Code Sections 66440 and 66443. The statement shall state that "The City Council approved the map and accepted, subject to improvement, on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication."

12. A statement for execution by the County Recorder shall be prepared in accordance with Government Code Section 66449.

B. Prior to the filing of the final map, the subdivider shall, in accordance with procedures established by the County of Humboldt, file a certificate showing that there are no liens against the subdivision or any part thereof in accordance with the requirements of Government Code Section 66492.

A. Approval by City Engineer and/or by City Surveyor. Upon receipt of the final map and other data submitted therewith by the Planning Commission, the map and data shall be referred to the City Engineer who 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 chapter applicable at the time of approval of the tentative map have been complied with, and that he or she is satisfied that the map is technically correct. If the City Engineer shall determine that full conformity therewith has not been made, he or she shall advise the subdivider of the changes or additions that must be made for such purposes and shall afford the subdivider an opportunity to make such changes or additions. When the City Engineer shall determine that full conformity therewith has been made, he or she shall transmit that information with the map to the Planning Commission for its signature and to the City Clerk for his or her signature after which the City Engineer shall so certify on the map and transmit to the City Clerk for further processing.

B. Approval of Planning Commission. Upon return of the final map by the City Engineer, the City Planning Commission shall examine the map to determine whether the final map conforms with the tentative map and with all changes permitted and all requirements imposed as a condition to its acceptance. If the Planning Commission determines not to recommend the map, it shall advise the subdivider of the changes or additions that must be made for recommendation and shall afford him or her an opportunity to make the changes or additions. When the Planning Commission shall, thereupon, determine that the map is in conformity therewith and determines to recommend the map, it shall certify its approval thereon and shall transmit the map to the City Clerk, together with any accompanying documents for filing with the City Council.

C. Approval by City Council.

1. At its first regular meeting following the filing of the final map with the City Clerk as aforesaid, the City Council shall consider the map, the plan of subdivision, and the offers of dedication. The City Council may accept or reject any or all offers of dedication. When the City Council determines that the map is in conformity with the requirements of this chapter, and that it is satisfied with the plan of subdivision, it shall approve the map. When the subdivider has filed with the City Clerk, the agreement and bond, or made the deposit, described in Section 16.28.090, and when the deposit is made and the agreement and bond have been approved by the City Attorney, as to form, and by the City Engineer as to sufficiency, the City Clerk shall transmit the map to the Clerk of the County Board of Supervisors.

2. When all bonds, money or negotiable bonds required under the provisions of this chapter 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 Board of Supervisors, the Clerk of the Board shall transmit the final map to the County Recorder.

3. If the City Council determines either that the final map is not in conformity with the requirements of this chapter or that it is not satisfied with the plan of subdivision, it shall disapprove the map, specifying its reason or reasons therefor, and the City Clerk shall in writing within 10 days advise the subdivider of such disapproval and of the reason or reasons for such disapproval. Such disapproval shall meet the requirements of and shall be in conformance with Article 1 of Chapter 4 of the Subdivision Map Act, commencing with Section 66472. Within 30 days after the City Council has disapproved any map, the subdivider may file with the Planning Commission a map altered to meet the approval of the City Council. In such case the subdivider shall conform to all the requirements imposed upon him or her by this chapter when the first final map was filed with the Planning Commission and the same proceedings shall be had thereon as are prescribed by this chapter upon the filing of the first final map with the Planning Commission. 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 after the recordation of the final map.

D. Corrections or amendments to a final map shall meet the requirements of Article 7 of Chapter 3 of the Subdivision Map Act, commencing with Section 66469.

E. The City shall not deny approval of, nor add conditions to, a final map if it has previously approved a tentative map for the proposed subdivision and if it finds that the final map is in substantial compliance with the previously approved tentative map.

A. Prior to the approval by the City Council of the final map, the subdivider shall execute and file an agreement between him or herself and the City. The form for this subdivision improvement agreement shall be as recommended by the City Attorney, approved by the Planning Commission, the City Engineer, and then adopted by the City Council. Such improvement work shall be completed to the satisfaction of the City Engineer and all work shall be subject to the provisions of the subdivision improvement agreement. No work shall commence prior to the execution of said agreement by both the City and the subdivider. The City Engineer will provide Planning Commission with a certification that the City staff has inspected the improvements and that subdivider has met the requirements of the subdivision improvement agreement.

B. The subdivider shall also file with the aforesaid agreement, to assure his or her full and faithful performance thereof, a bond deposit, instrument of credit, lien on the property, letter of credit, cash, or other form of security acceptable to the City Council for 100% of the total estimated cost of the improvement or of the act to be performed, conditioned upon the faithful performance of the agreement, and an additional amount of 100% of the total estimated cost of the improvement or the performance of the required act, securing payment to the contractor, to the subcontractors, and to persons furnishing labor, materials, or equipment to them for the improvement or the performance of the required act, all such being prepared in accordance with Chapter 5 of the Subdivision Map Act, commencing with Section 66499. Such bond shall be executed by a surety company authorized to transact 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.

C. The subdivider shall also file with the aforesaid agreement security, acceptable to the City of Blue Lake, for 10% of the cost of improvements for the guarantee and warrantee of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished.

D. As a part of the obligation guaranteed by the security, and in addition to the face amount of the security, there shall be included cost and reasonable expenses and fees of the City, including reasonable attorney's and engineering fees, incurred by the City of Blue Lake in successfully enforcing the obligation secured.

E. If the required subdivision improvements are financed and installed pursuant to special assessment proceedings, the improvement security of the subdivider may be reduced by an amount corresponding to the amount of such bonds furnished by the contractor.

F. All security instruments shall be a trust fund to guarantee performance and shall not be subject to enforcement of a money judgment by any creditors of the depositor until the obligation secured thereby is performed to the satisfaction of the City.

G. The manner of release of security shall be as per Government Code Sections 66499.7 and 66499.8. No extension of time, payment of progress payments from deposits, or releases of surety bonds or cash deposits, shall be made except upon certification by the City Engineer that work covered thereby has been satisfactorily completed, and upon recommendation of the City Engineer and approval of the City Council.

H. In the event the subdivider shall fail to complete all improvement work in accordance with the provisions of this chapter and the City shall have completed same; or if the subdivider shall fail to reimburse the City for incidental expenses, and to cover 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 deposits funds for reimbursement. In any such case, if the amount of surety bond or cash deposit shall exceed all costs incurred by the City, it shall release the remainder of such bond or cash deposit and if the amount of the surety bond or cash deposit shall be less than the cost and expense incurred by the City, the subdivider shall be liable to the City for such difference. Such action by the City shall be in accordance with Government Code Sections 66499.9 and 66499.10.

Subdivided property may be reverted to acreage pursuant to provisions of this chapter and Article 1 of Chapter 6 of the Subdivision Map Act, commencing with Section 66499.11.

A. Proceedings to revert subdivided property to acreage may be initiated by petition of all of the owners of record of the property. The petition shall be in a form prescribed by the City Attorney. The petition shall contain the information required by Subdivision Map Act and this chapter. The City Planner shall initiate the response to the application.

B. The City Council may on its own motion initiate proceedings for reversion to acreage. The City may authorize the merger of continuous parcels under common ownership without reverting to acreage. Recordation of the evidence of merger shall be done by a parcel map. The proceedings will take place through the City Planning Commission under the direction of the City Planner and in conformance with Government Code Sections 66499.11 through 66499.203/4.

C. Petitioners shall file information required by Government Code Sections 66499.16 and 66499.17, along with a title report prepared within six months previous to the application date, and such additional information as may be required by the City Planner.

D. Petitions to revert property to acreage shall be accompanied by fees in accordance with the master fee schedule of the City of Blue Lake.

E. The parcel map for the reversion to acreage, and all other information provided with the application, shall be submitted to the City Engineer for review. The City Engineer will submit the parcel map to the process of this chapter and identify that the information necessary for findings and conditions under the Subdivision Map Act have been met.

F. A public hearing shall be held before the City Council on all petitions for reversions to acreage. Notice of the public hearing shall be given as provided in Section 66451.3 of the Government Code.

G. After the hearing before the City Council, and Council approval of the reversion to acreage, the parcel map shall be processed in accordance with this chapter.

The City of Blue Lake hereby enacts as a part of this chapter provisions for merger and unmerging of parcels in accordance with provisions of Article 1.5 of Chapter 3 of the Subdivision Map Act commencing with Section 66451.10, and the provisions of this chapter.

A. Requirements for parcel merger shall be in accordance with Government Code Section 66451.11. Application shall be made to the City containing the same information as required for a parcel map in accordance with this chapter and in accordance with Government Code Section 66451.11.

B. The effective date of merger shall be in accordance with Government Code Section 66451.12.

C. Notification of intention to merger and the procedure for hearing shall be in conformance with Government Code Sections 66451.10 through 66451.21.