20-69 - Final map.

At any time before the expiration of an approved tentative subdivision map the subdivider may cause the subdivision or a local part thereof to be accurately surveyed and a final map prepared and presented to the board of supervisors for approval, provided:

(1)

That the location of a designated "remainder" parcel has been indicated on the map which need not be indicated as a matter of survey, but only by deed reference to the existing boundaries of such remainder, if such remainder has a gross area of five (5) acres or more;

(2)

That the required fees have been paid;

(3)

The subdivider has complied with the soils report requirement of this chapter;

(4)

A preliminary title report has been submitted to the director of public works;

(5)

The subdivider has complied with the subdivision improvement agreement and bonding requirements adopted by the board of supervisors. If the subdivider desires to submit security in lieu of a bond, such security shall be submitted to the director of public works for approval not later than two (2) weeks prior to submission of the final subdivision map;

(6)

The subdivider has complied with the requirements of the tentative map;

(7)

Each of the tenants of a proposed condominium, community apartment house project or stock cooperative project has been or will be given one hundred eighty (180) days written notice of intention to convert prior to the termination of tenancy due to the conversion or proposed conversion. The provisions of this subdivision shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including but not limited to the provisions of service, payment of rent or the obligations imposed by sections 1941, 1941.1 and 1941.2 of the Civil Code;

(8)

Each of the tenants of a proposed condominium, community apartment house project or stock cooperative project has been or will be given notice of an exclusive right to contract for the purpose of their respective units upon the same terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than ninety (90) days from the date of issuance of the subdivision public report pursuant to section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his intention not to exercise the rights;

(9)

Each of the tenants of a proposed condominium, community apartment project or stock cooperative has received written notification of intention to convert at least sixty (60) days prior to filing a tentative map. Further, each such tenant and each person applying for the rental of unit in such residential real property has or will have received all applicable notices and rights now or hereafter required by chapter 2 and chapter 3 of the Subdivision Map Act. Further, each tenant has received ten (10) days' written notification that an application for a public report will be or has been submitted to the department of real estate and that such report will be available on request;

(10)

Each of the tenants of a proposed condominium, community apartment project or stock cooperative project has been or will be given written notification within ten (10) days of approval of a final map for the proposed conversion;

(11)

Only such additional information, conditions of approval or comments which affect record title interest shall be placed on the final map. Any additional information, conditions of approval or comments, which do not affect record title interest, shall be in the form of a separate document an additional map sheet which shall indicate its relationship to the final map and shall contain a statement that the additional information, conditions of approval or comments are for informational purposes only and are not intended to affect record title interest. Additional information may include but is not limited to: Building setback lines, flood hazard zones, seismic lines and setbacks, leach field free areas and usable sewage disposal areas. If a separate document or additional map sheet is required, the department of public works shall determine whether a separate document or additional map sheet will be filed with the final map.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

A certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the final map, is required, except as follows:

(1)

Neither a lien for state, county, municipal or local taxes, nor for special assessments, nor a trust interest under bond indentures, nor mechanics' liens constitute a record title interest in land for the purpose of this

chapter or local ordinance.

(2)

The signature of either the holder of beneficial interests under trust deeds or the trustee under such trust deeds, but not both, may be omitted. The signature of either shall constitute a full and complete subordination of the lien of the deed of trust to the map and any interest created by the map.

(3)

Signatures of parties owning the following types of interests may be omitted if their names and the nature of their respective interests are stated on the final map:

a.

Rights-of-way, easements or other interest which cannot ripen into a fee, except those owned by a public entity or public utility or a subsidiary of a public utility for conveyance to such public utility for rights-of-way. If, however, the board of supervisors determines that division and development of the property in the manner set forth on the approved or conditionally approved tentative map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement, the signature of such public entity or public utility may be omitted. Where such determination is made, the subdivider shall send, by certified mail, a sketch of the proposed final map, together with a copy of this section, to any public entity or public utility which has previously acquired a right-of-way or easement.

If the public entity or utility objects to either (i) recording the final map without its signature; or (ii) the determination of the board of supervisors that the division and development of the property will not unreasonably interfere with the full and complete exercise of its right-of-way or easement, it shall so notify the subdivider and the board of supervisors within thirty (30) days after receipt of the materials from the subdivider. If the public entity or utility objects to recording the final map without its signature, the public entity or utility so objecting may affix its signature to the final map within thirty (30) days of filing its objection with the board of supervisors.

If the public entity or utility either (i) does not file an objection with the advisory agency; or (ii) fails to affix its signature within thirty (30) days of filing its objection to recording the map without its signature, the county may record the final map without such signature.

If the public entity or utility files an objection to the determination of the board of supervisors that the division and development of the property will not unreasonably interfere with the exercise of its right-of-way or easement, the board of supervisors shall set the matter for public hearing to be held not less than ten (10) nor more than thirty (30) days of receipt of the objection. At such hearing, the public entity or public utility shall present evidence in support of its position that the division and development of the property will unreasonably interfere with the free and complete exercise of the objector's right-of-way or easement.

If the board of supervisors finds, following such hearing, that the development and division will in fact unreasonably interfere with the free and complete exercise of the objector's right-of-way or easement, it shall set forth those conditions whereby such unreasonable interference will be eliminated and upon compliance with such conditions by the subdivider, the final map may be recorded with or without the signature of the objector. If the board of supervisors finds that the development and division will in fact not

unreasonably interfere with the free and complete exercise of the objector's right-of-way or easement, the final map may be recorded without the signature of the objector, notwithstanding its objections thereto.

Failure of the public entity or public utility to file an objection pursuant to this section shall in no way affect its rights under a right-of-way easement.

b.

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 signatures are impossible or impractical to obtain. A statement of the circumstances preventing the procurement of the signatures shall also be stated on the map.

c.

Interests in or rights to minerals, including, but not limited to oil, gas, or other hydrocarbon substances.

(4)

Real property originally patented by the United States or by the state, which original patent reserved interest to either or both of such entities, may be included in the final map without the consent of the United States or the state thereto or to dedications made thereon.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)