Ceres Municipal Code Ch. 08 Final Maps

Final maps of subdivisions of five or more parcels shall be filed for recording. Prior to the expiration of the tentative map or within any further time period for which an extension has been granted under this title or the Subdivision Map Act, the subdivider may cause the proposed subdivision or any part thereof to be surveyed and a final map to be prepared and recorded in accordance with the provisions of this chapter and the Subdivision Map Act.

(Ord. No. 2020-1058, § 3, 3-23-2020)

The final map may be filed with the Director after all the provisions of this chapter have been complied with. The fees for the checking of subdivision final maps and parcel maps shall be set by resolution. The fee will be for the checking of the map and a fee for checking improvement plans required by the development.

The subdivider shall cause all certificates to be executed except those to be executed by the Director, the City Clerk and the Stanislaus County Recorder, and shall file with the Director the original tracing of the final map and as many prints thereof as may be required.

(Ord. No. 2020-1058, § 3, 3-23-2020)

The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor in the manner required by the Subdivision Map Act, and shall conform to all of the following provisions:

A. The general form and layout of the map, including but not limited to the size and type of lettering, and the drafting and location of acknowledgments, shall be as determined by the Director.

B. The scale of the map shall be one inch equals 100 feet, unless otherwise permitted by the Director, but in any case, the map shall show clearly all details of the subdivision.

C. All dimensions shall be shown in feet and hundredths of a foot. No ditto marks shall be used.

D. If more than three sheets are necessary to show the entire subdivision, an index map shall be included on the first sheet. Sheet size shall not exceed 18 inches by 26 inches.

E. The subdivision designation, scale and north arrow shall be shown on each sheet except the endorsement sheet.

F. A title sheet, designated as page number one of the final map, shall be provided; except that, where the size of the subdivision permits, in lieu of a separate title sheet, the information required to be shown thereon may be shown on the same sheet as the map of the subdivision.

G. The final map shall be so made and shall be in such condition when filed that legible prints and negatives can be made from it.

(Ord. No. 2020-1058, § 3, 3-23-2020)

With the final map, the subdivider shall file computations and traverse data showing closures of all courses, which shall close within a limit of error of one in 10,000.

(Ord. No. 2020-1058, § 3, 3-23-2020)

The following statements, documents and other data, and as many additional copies thereof as may be required, shall be filed with the final map:

A. The names, addresses and telephone numbers of the record owners and subdivider and persons preparing the final map.

B. A guarantee of title or letter from a title company certifying that the signatures of all persons whose consent is necessary to pass a clear title to the land being subdivided and all acknowledgments thereto appear and are correctly shown on the proper certificates and are correctly shown on the final map, both as to consents for the making thereof and the affidavit of dedication.

C. A traverse sheet in a form approved by the Director giving lot areas, latitudes, departures and coordinates and showing the mathematical closures.

D. The engineer or surveyor under whose supervision the survey has been made shall furnish the Director field notes as required by chapter 17.16, Surveys and Monuments.

E. The complete plans, profiles, cross sections, specifications and applicable permits for the construction and installation of improvements as required by chapter 17.10, Subdivision Improvements.

F. A final grading plan. Submission of a final grading plan may be waived by the Director when he or she determines that the submission of said plan is not required for proper grading, flood hazard mitigation and erosion control of the subdivision.

G. The agreement to make improvements and the security for such improvements as required by chapter 17.10, Subdivision Improvements.

H. All protective covenants, conditions, restrictions or affirmative obligations in the form in which the same are to be recorded when approval thereof by an officer of the City has been required as a condition of approval of the tentative map.

I. Any irrevocable offer of dedication by separate instrument and accompanying title report as may be provided or required as a condition of approval of the tentative map. The dedication instrument and title report shall conform to the requirements of this title and shall be processed in accordance with the provisions of section 17.06.130.

Whenever an irrevocable offer of dedication by separate instrument accompanies a final map, the final map shall not be accepted for filing by the Director unless and until he or she determines that said offer of dedication has been approved for recordation as provided in section 17.06.140.

J. A current preliminary report issued by a title company for the lands proposed to be subdivided, together with copies of the recorded documents shown as exceptions in the report.

K. All other data required by law or as a condition of approval of the tentative map, including plans, reports, agreements, permits, fees, security or other requirements.

(Ord. No. 2020-1058, § 3, 3-23-2020)

A complete and accurate survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor in accordance with the provisions of chapter 17.16, Surveys and Monuments.

(Ord. No. 2020-1058, § 3, 3-23-2020)

A preliminary soils report prepared by a civil engineer registered in this State and based on adequate test borings shall be required for every subdivision for which a final map is required by this title.

(Ord. No. 2020-1058, § 3, 3-23-2020)

The preliminary soils report may be waived if the Director determines that, due to the knowledge he has as to the qualities of the soils of the subdivision, no preliminary analysis is necessary.

(Ord. No. 2020-1058, § 3, 3-23-2020)

If a required preliminary soil report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, the subdivider shall provide for and submit the findings of a soil investigation of each lot in the subdivision. This investigation shall be prepared by a registered civil engineer and shall include a recommendation for corrective action to prevent structural damage to buildings proposed to be constructed on the expansive or otherwise problem soils. This shall be noted on the final map.

(Ord. No. 2020-1058, § 3, 3-23-2020)

As a condition to the granting of building permits where expansive soils are found, the Building Official shall require the corrective measures recommended by the registered civil engineer making the soil report.

(Ord. No. 2020-1058, § 3, 3-23-2020)

The title sheet of the final map shall contain those certificates required by the Subdivision Map Act. The form of the certificate shall be approved by the City Attorney.

The final map shall be accompanied by a report prepared by a duly authorized title company naming the persons whose consent is necessary to the preparation and recording of the map and to the dedications of streets, alleys and other public places shown on the map and certifying that, as of the date of preparation of the report, the persons therein named are all the persons necessary to give clear title to the subdivision. At the time of recording of the final map, there shall be presented to the County Recorder a written certificate of assurance, executed by a duly authorized title company for the benefit and protection of the City that all such persons have joined in or consented to the preparation and recordation of the map and the offers of dedication shown thereon.

(Ord. No. 2020-1058, § 3, 3-23-2020)

The title sheet shall contain the following information:

A. Title followed by the words "City of Ceres."

B. Below the title shall be a subtitle consisting of a description of all property being subdivided by such map or maps or property shown thereon as shall have been last previously recorded or filed in the Stanislaus County Recorder's office, or shall have been last previously filed with the Clerk pursuant to a final judgment in any action in partition, or shall have been previously filed in the office of the Stanislaus County Recorder under authority of the Subdivision Map Act or by reference to the plat of any United States survey. The description shall also include reference to any vacated area with the number of the ordinance vacating said area.

C. The subtitle of maps filed for the purpose of reverting subdivided land to acreage shall consist of the words "A reversion to acreage of _______." The blank shall contain the assessor parcel numbers of the parcels to be reverted.

D. References to tracts and subdivisions in the description must be worded identically with original records, and references to book and page of record must be complete.

E. Affidavits, certificates, acknowledgments, endorsements, acceptances, dedications and notarial seals required by law and by this title.

F. The basis of bearings used in the field survey, making reference to some recorded subdivision map or other record acceptable to the Director.

(Ord. No. 2020-1058, § 3, 3-23-2020)

When a final map consists of more than two sheets, a key map showing the relation of the streets shall be placed on sheet one. Every sheet comprising the map shall bear the scale, north point, legend, sheet number and number of sheets comprising the map.

(Ord. No. 2020-1058, § 3, 3-23-2020)

The corners of adjoining subdivisions or portions thereof shall be certified by lot and block number, subdivision name and properties shown.

(Ord. No. 2020-1058, § 3, 3-23-2020)

The final map shall (including all approved modifications) contain the following data and information:

A. Sufficient data must be shown to determine readily the bearing and length of every lot, block or 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. Lots containing one acre or more shall have total acreage to the nearest hundredth. Bearing and length of straight lines and radius and arc length for all curves as may be necessary to determine the location of the centers of curves and tangent potions shall be shown.

B. Whenever the Director has established the center line of a street or alley adjacent to or in a proposed subdivision, the data shall be shown on the final map indicating all monuments found and making reference to a field book or map. If the points were reset by ties, the courses and detail of relocation data shall be shown.

C. The final map shall show the location and description of all stakes, monuments or other markers found on the ground or placed in making the survey of the subdivision and in determining the boundaries thereof, with references sufficient for relocation. High waterline adjacent to streams, creeks, rivers, channels, lakes or reservoirs, but not irrigation canals;

D. Subdivision boundary shall be designated by a blue border, one-eighth inch wide, applied to the reverse side of the tracing. The border shall not interfere with the legibility of figures or data;

E. All areas shown on the map which do not constitute a part of the subdivision shall be labeled "Not a part of this subdivision," or "N.A.P.O.T.S." All lines delineating such areas shall be dashed.

F. Center lines and sidelines of streets, the total width of all streets, canals and easements, the width of portions of streets being dedicated, the width of existing dedications, the width each side of center lines, the width of alleys and railroad or canal rights-of-way;

G. The location and widths of any other rights-of-way within the subdivision.

H. All survey data and information required by section 17.16.120, Survey data and information to be shown on final map or parcel map.

I. Building lines on all lots, shown by a dashed line of the same width as lines denoting lot lines and appropriately labeled;

J. Sidelines of all easements to which any lot is subject. The easement shall be clearly labeled and identified and, if already of record, its record reference given. If any easement is not definitely located by record, a statement of such easement shall appear on the title sheet. Easements for storm drains, sewers and other purposes shall be denoted by fine broken lines with the width, length and bearing so they can be relocated. Easements being dedicated shall be properly referenced in the owner's certificate of dedication;

K. City limits which cross or border the subdivision;

L. Block numbers, beginning with the number one and continuing consecutively without omission or duplication throughout the subdivision, except in the case where block numbering has been established by a neighboring City. The number should be of such size and weight as not to be confused with other data. Each block in its entirety shall be shown on one sheet. Where adjoining blocks appear on separate sheets, the street adjoining both blocks shall be shown on both sheets, complete with center line and property line data;

M. Lot numbers shall begin with the number one in each block, unless the block is an addition to an existing numbered block, and lots shall be numbered consecutively with no omissions or duplications;

N. Reserved lots for private purposes and offered for dedication for any purpose, public or private, shall be defined, delineated and designated.

O. In areas subject to 100-year flood hazard, base flood elevation or depth of flow and floodway boundaries shall be indicated, or a separate document shall be recorded with the final map indicating floodway boundary and base flood elevation or depth of flow.

(Ord. No. 2020-1058, § 3, 3-23-2020)

Prior to approval and recording, the following certificates and acknowledgements shall be given and may be combined where appropriate:

A. A certificate signed and acknowledged by all parties having any title interest in the land subdivided consenting to the preparation and recordation of the map; provided, however, that 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 interests, none of which can ripen into a fee,

2. In the case of rights-of-way, easements or reversions, which by reason of changed conditions or long disuse appear to be no longer of practical use or value and as to which signature is impossible or impractical to obtain, 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, under patent reserving interest to either or both of these entities, may be recorded under the provisions of this chapter without the consent of the United States or the State thereto, or to dedications made thereon;

B. A certificate, signed and acknowledged, offering for dedication all parcels of land shown as intended for public use, except those parcels other than streets and alleys which are intended for the exclusive use of the lot owners in the subdivision, their licensees, visitors, tenants and servants;

C. A certificate for execution by the Commission Secretary;

D. A certificate for execution by the Director;

E. A certificate for execution by the County Clerk;

F. A certificate by the registered civil engineer or licensed land surveyor responsible for the survey and final map, which shall be accompanied by his seal;

G. A certificate for execution by the County Recorder.

(Ord. No. 2020-1058, § 3, 3-23-2020)

Prior to the filing of the final map with the Council, the subdivider shall file with the City Clerk a certificate from the Tax Collector 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, or special assessments not yet payable.

(Ord. No. 2020-1058, § 3, 3-23-2020)

As to taxes or special assessments collected as taxes not yet payable, the subdivider shall file with the City Clerk a certificate by the Tax Collector giving his estimate of the amount which is a lien but not yet payable.

(Ord. No. 2020-1058, § 3, 3-23-2020)

Whenever any part of the subdivision is subject to lien for taxes or special assessments collected as taxes which are not yet payable, the final map shall be recorded until the owner or subdivider executes and files with the City Council a good and sufficient bond, to be approved by the City Council, and by its terms made to inure to the benefit of the City 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 are not yet payable. In lieu of a bond, a deposit may be made of money or negotiable securities in the same amount and of the kind approved for securing deposits of public money.

(Ord. No. 2020-1058, § 3, 3-23-2020)

Upon acceptance of the final map and accompanying documents, fees and materials for filing, the Director shall cause the same to be examined, and if found to be in substantial conformity with the approved tentative map and all amendments, conditions, modifications and provisions made or required by the Council, and if found to be complete, technically correct, in conformity with improvement plans and specifications, and in compliance with the requirements of this title, planned street lines and other applicable specific plans and ordinances, shall execute the Director's certificate on the map and shall file the map and accompanying materials with the City Clerk. No final map shall be certified until the required improvements have been installed or agreed to be installed in accordance with chapter 17.10, Subdivision Improvements.

Should the map or other accompanying documents, fees or materials be found to be incomplete or incorrect in any respect, the subdivider shall be advised in writing, by mail, of the changes or additions that must be made before the map may be certified. If the defect is the result of a technical and inadvertent error which, in the opinion of the Director, does not materially affect the validity of the map, the Director may waive the defect and execute his certificate of approval.

The Director may refuse to approve the recording of a final map governing only a portion of a tentative map when in the process of checking the final map he or she determines that said portion does not by itself provide adequate or satisfactory access, design or improvements and therefore does not conform to the design and improvement of the subdivision as indicated by the approved tentative map.

The Director must act on the final map within the time period prescribed by the Subdivision Map Act.

(Ord. No. 2020-1058, § 3, 3-23-2020)

The Council shall act upon the final map in the manner authorized and prescribed by the Subdivision Map Act. The Council shall, at the meeting at which it receives the map or at its next regular meeting after the meeting at which it receives the map, approve the map if it conforms to all the requirements of the Subdivision Map Act and this title which were applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder. If the map does not conform, the Council shall disapprove the map. The Council shall not deny approval of a final map with a previously approved tentative map for the proposed subdivision if it finds that the final map is in substantial compliance with the previously approved tentative map.

As provided in section 66458 of the Subdivision Map Act, the date on which the City Clerk receives the map from the clerk of the Commission shall be deemed to be the date of the "meeting" at which the City Council initially receives the map for purposes of this section.

(Ord. No. 2020-1058, § 3, 3-23-2020)

If no lots in a subdivision for which a final map has been recorded under this chapter if none of the improvements required to be made have been made within two years from the date of recordation, the City Council on its own motion may hold a public hearing, after notice, 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 may by resolution revoke such approval, without prejudice, to be effective upon recordation of a certified copy of such resolution. Thereupon, all dedication or offer of dedication of all streets, ways and other easements by such map shall be of no further force or effect. There shall be a fee in the amount of set by resolution of the City Council, payable to the City by the owner of the subdivision for the cost incurred in processing such revocation if the request for revocation is from other than a public agency.

(Ord. No. 2020-1058, § 3, 3-23-2020)

In the event an existing subdivision is resubdivided to change a street alignment, to change the design of more than four lots, to create more than four new lots, or to alter the drainage, it shall be deemed that a new subdivision is being created and the procedure for filing a tentative and final map as outlined in this chapter shall be applicable, except as otherwise allowed in California Government Code section 66426. Changing of four or less number of lots, without any other alterations, shall require the submission of a tentative map to the Planning Commission for approval as to area and lot design and all requirements of this Code. After such approval, a parcel map showing the new parcels shall be submitted to the Director for checking and recording.

(Ord. No. 2020-1058, § 3, 3-23-2020)

For the purpose of this chapter, subdivisions that include a condominium project, as defined in California Civil Code section 4125, or a community apartment project, defined in California Business and Professions Code section 4105, shall be regarded as containing more than five or more existing dwelling units. Maps of such projects need not show buildings or the manner in which the buildings or the air space above the property shown on the map are to be divided, nor need individual parcels front on a dedicated and accepted County road, City street or State highway as required by section 17.03.090; provided, however, that each condominium unit has access over an area of common ownership to the required dedicated and accepted thoroughfare. Fees for condominium maps shall be computed as each condominium unit being considered a lot.

(Ord. No. 2020-1058, § 3, 3-23-2020)

Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if either:

A. The subdivider, at the time the tentative map application is filed, informs the approving authority of the subdivider's intention to file multiple final maps on such tentative map. In providing such notice, the subdivider shall not be required to define the number or configuration of the proposed multiple final maps, but the Council may refuse to approve a phased final map until the subdivider and City can reach agreement, which may be reflected in the subdivision improvement agreement, for the construction of improvements for the subdivision in a manner which provides for a logical and orderly development of all of the possible phases of the subdivision.

B. After filing of the tentative map application, the subdivider and approving authority concur in the filing of phased multiple final maps and the subdivider and the City reach agreement, which may be reflected in the subdivision improvement agreement or a separate written agreement approved by the Council such as a development agreement, for the construction of improvements for the subdivision in a manner which provides for a logical and orderly development of all of the possible phases of the subdivision.

The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of such tentative map. Each final map which constitutes a part, or unit, of the approved or conditionally approved tentative map shall have a separate subdivision number. Any subdivision improvement agreement executed by the subdivider and City shall either initially provide for the construction of improvements in the phases which have been agreed upon by subdivider and City or shall be amended to include such requirements before phased final maps are approved by the Council.

(Ord. No. 2020-1058, § 3, 3-23-2020)