Chino Municipal Code Ch. 19.05 Final Map (five or More Parcels)

The purpose of this chapter is to provide final review and recordation of a final map for any subdivision of land resulting in five or more parcels for which a final map is required by the Subdivision Map Act.

(Ord. 2010-07, § 1(exh. A), 2010.)

Following approval or conditional approval of a tentative or vesting tentative map, and prior to the expiration of tentative or vesting tentative map approval, the subdivider may cause the preparation of a final map that meets all the requirements deemed necessary by the city engineer, including the following:

A. Tentative or vesting tentative map. A tentative or vesting tentative map shall first be filed with the director of community development. The tentative or vesting tentative map shall meet all the requirements for tentative maps provided by the Subdivision Map Act and Chapter 19.02 of this title. The vesting tentative map shall also meet all the requirements for vesting tentative maps provided by Chapter 19.03 of this title.

B. Subdivision agreement and improvement requirements. Where public improvements are required, improvement plans, engineering calculations, and cost estimates shall be submitted and approved by the city engineer prior to acceptance of a final map for filing. The subdivision agreement shall be in the form described in Section 19.01.090 of this title.

C. Map form and contents. The subdivider shall submit the information required by the Subdivision Map Act section 66434 and any additional materials required by the city engineer.

D. Owner's consent. The final map shall include a statement of the property owner's consent to subdivide, with the form and contents described in the Subdivision Map Act section 66436.

E. Monuments. The subdivider's engineer or surveyor must set sufficient durable monuments as required by Section 19.09.020 of this title prior to the approval of the final map.

F. Fee. At the time of filing of the final map, the subdivider shall pay the final map fee as set forth in the current city fee schedule.

(Ord. 2010-07, § 1(exh. A), 2010.)

The city engineer shall first examine the final map and accept or reject it for filing. Once it has been accepted, the city engineer shall present the map to city council, which must make a decision at its next regular meeting.

(Ord. 2010-07, § 1(exh. A), 2010.)

A. Survey required. An accurate and complete survey of the land to be subdivided shall be made by a civil engineer or land surveyor registered in this state. If the survey is conducted by a registered civil engineer, his California registration number shall be 33965 or lower, pre-January, 1982. All found monuments, property lines, centerlines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the final map shall not exceed 5/10,000 th for field closures and 2/10,000 th for calculated closures.

B. Monuments required. At the time of making the survey for the final map, the engineer or surveyor shall set sufficient, durable monuments to conform with the standards described in Section 8771 of the Business and Professions Code so that another engineer or surveyor may readily retrace the survey. At least one exterior boundary line shall be monumented prior to recording the final map. Other monuments shall be set as required by the city engineer.

(Ord. 2010-07, § 1(exh. A), 2010.)

Within five days after the final setting of all monuments has been completed by the engineer or surveyor, he shall give written notice to the subdivider and to the city engineer that the final monuments have been set. Upon payment to the engineer or surveyor for setting the final monuments, the subdivider shall present to the city engineer evidence of such payment and receipt thereof by the engineer or surveyor. If the subdivider does not present such evidence, and if the engineer or surveyor notifies the city engineer that he has not been paid by the subdivider for the setting of the final monuments, the city engineer, upon authorization by the city council, within three months from the date of the notification, may pay the amount due the engineer or surveyor from any deposit collected.

(Ord. 2010-07, § 1(exh. A), 2010.)

Interior monuments need not be set at the time the map is recorded, if the engineer or surveyor certifies on the map that the monuments will be set on or before a specified later date, and if the subdivider furnishes to the city engineer security guaranteeing the payment of the cost of setting such monuments.

(Ord. 2010-07, § 1(exh. A), 2010.)

In the event of the death, disability or retirement from practice of the engineer or surveyor charged with the responsibility for setting monuments, or in the event of his refusal to set such monuments, the city council may direct the city engineer, or such engineer or surveyor as it may select, to set such monuments. If the original engineer or surveyor is replaced by another, the former may, by letter to the city engineer, release his obligation to set the final monuments to the surveyor or engineer who replaced him. When the monuments are so set, the substitute engineer or surveyor shall amend any map filed pursuant to this title in accordance with the provisions of Government Code Sections 66498 and 66499 to 66472, inclusive.

(Ord. 2010-07, § 1(exh. A), 2010.)

Security for the cost of setting parcel monuments shall be the estimated cost thereof as determined by the city engineer. Release of such security shall be in accordance with the Map Act after the notes for said monuments have been approved by the city engineer.

(Ord. 2010-07, § 1(exh. A), 2010.)

The final map shall be prepared by, or under the direction of, a civil engineer or land surveyor registered in this state. If the map is prepared by a registered civil engineer, his or her California registration number shall be 33965 or lower, pre-January, 1982. The final map shall be based upon a survey and shall conform to all of the following provisions:

A. It shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black of tracing cloth or polyester base film. Certificates, affidavits and acknowledgements shall be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be treated with a suitable substance to assure permanent legibility.

B. The size of each sheet shall be eighteen inches × twenty-six inches and a marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets and its relation to each adjoining sheet shall be clearly shown.

C. All survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing thereon shall be shown, including bearings and distances of straight lines and radii and arc lengths or chord bearings and lengths for all curves and such information as may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries.

D. Each parcel shall be numbered and each block may be numbered or lettered. Each street shall be named in conformity with the street naming policy of the city.

E. The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. The map shall show the definite location of the subdivision, in particular, its relation to surrounding surveys.

(Ord. 2010-07, § 1(exh. A), 2010.)

A notarized 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:

A. 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 title.

B. 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.

C. 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 map:

1. Rights-of-way, easements or other interests which cannot ripen into a fee, except those owned by a public entity or public utility or subsidiary of a public utility for conveyance to the public utility for rights-of-way. If, however, the city council determines that division and development of the property in the manner set forth on the final 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 to be made, the provisions of the State Subdivision Map Act Section 66436(a)(3)(A) shall apply and stay any further action on the map until procedures specified therein are exhausted.

2. Rights-of-way, easements or revisions, which by reason of changed conditions or long disuse no longer appear to be 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.

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

D. Real property originally patented by the United States or by the State of California, 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 of California thereto or to dedications made thereon.

(Ord. 2010-07, § 1(exh. A), 2010.)

A certificate by the engineer or surveyor responsible for the survey and final map shall appear on the map. The certificate shall give the date of the survey, state that the survey and final map were made by or under the direction of the engineer or surveyor, and affirm that the survey is true and complete as shown. The certificate shall also state that all the monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before a specified later date. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced. The certificate shall state that the map complies with the Subdivision Map Act and the provisions of this chapter.

(Ord. 2010-07, § 1(exh. A), 2010.)

A. A certificate by the city engineer is required for all subdivisions lying within the city. The city engineer shall state that:

1. He/she has examined the map.

2. The subdivision as shown is substantially the same as it appeared on the tentative map and any approved alterations thereof.

3. All provisions of this title and the Subdivision Map Act applicable at the time of approval of the tentative map have been complied with.

4. He/she is satisfied that the map is technically correct.

B. The city engineer shall complete and file with the city council his/her certificate within twenty days from the time the final map is submitted to him by the subdivider for approval.

(Ord. 2010-07, § 1(exh. A), 2010.)

A certificate by the secretary of the planning commission is required, stating that the final map is in accordance with the tentative map approved by the planning commission and the date of the approval.

(Ord. 2010-07, § 1(exh. A), 2010.)

A certificate for execution by the city clerk is required stating that the city council approved the final map and stating that the city council accepted, subject to improvement, rejected, or did not accept or reject on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication.

(Ord. 2010-07, § 1(exh. A), 2010.)

If a soils report is required for the subdivision, a certification signed, stamped and dated by a geotechnical engineer registered in this state, shall appear on the map. The certificate shall read, "A Soils Report for Subdivision No. _____ was prepared by me or under my direction and was filed with the City on date ".

(Ord. 2010-07, § 1(exh. A), 2010.)

A certificate to be executed by the county recorder is required, stating that the map has been accepted for filing, that the map has been examined, and that it complies with the provisions of state laws and local ordinances governing the filing of final map.

(Ord. 2010-07, § 1(exh. A), 2010.)

A certificate to be executed by the county clerk is required, stating that all taxes due have been paid or that a tax bond assuring the payment of all taxes which are a lien, but not yet payable, has been filed with the county.

(Ord. 2010-07, § 1(exh. A), 2010.)

A certificate to be executed by the county auditor is required, stating that there are no liens against the real property shown upon the map for unpaid state, county, municipal or local taxes or special assessments collected as taxes, excepting taxes or special assessments not yet payable, noting the estimated total of such taxes or assessments.

(Ord. 2010-07, § 1(exh. A), 2010.)

A. Easements for, including but not limited to, road or street, path, storm drain, sanitary sewer, water, potable or recycled, public utilities and/or other public use, as may be required, shall be offered for dedication to the public for acceptance by the city, or other public agency, and the use shall be specified on the map. If, at the time the final map is approved, the easements are not accepted by the city council, the easement(s) shall be irrevocably offered to dedicate and the offer shall remain open and the city council may, by resolution, at any later date, and without further action by or notice to the subdivider, rescind its action and accept the easements for public use, which resolution of acceptance shall be recorded in the office of the county recorder.

B. All easements of record shall be shown on the map, together with the name of the grantee and sufficient recording data to identify the conveyance, e.g., recorder's instrument number and date, or book and page of official records.

C. Easements not disclosed by the records in the office of the county recorder, but which were found by the surveyor or engineer to be existing, shall be specifically designated on the map, identifying the apparent dominant tenements for which the easement was created.

D. The sidelines of all easements of record shall be dashed lines on the final map with the widths, lengths and bearings of record. The width and location of all easements shall be approved by the city engineer.

(Ord. 2010-07, § 1(exh. A), 2010.)

The director of community development shall examine the final map and required documents submitted. He or she shall submit the final map and required documents to the city engineer for inspection. If both the director of community development and the city engineer determine that the surveys are correct and that such map is technically correct and substantially conforms to the approved tentative or vesting tentative map and the required documents submitted are in order, both shall so certify on such map. If the director of community development and/or city engineer shall find that full conformity has not been made, he or she shall so advise the subdivider and afford him or her an opportunity to make the necessary change.

(Ord. 2010-07, § 1(exh. A), 2010.)

The city engineer shall notify the city council of pending approval of the final map. Within ten days of the city council meeting at which such notice is served, the director of community development and city engineer shall approve the final map if it is in compliance with the Subdivision Map Act, local ordinances and this title and the conditions of approval have been met. The city engineer shall, at the time of his or her action thereon, accept or reject any and all offers of dedication of streets and other easements.

(Ord. 2010-07, § 1(exh. A), 2010.)

The legislative body 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 this chapter and any local subdivision ordinance 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 legislative body shall disapprove the map.

(Ord. 2010-07, § 1(exh. A), 2010.)

If, at the time of approval of the final map by the city council, any public improvements required, either by this title or by the Subdivision Map Act, have not been completed and accepted in accordance with the conditions of approval on the tentative map, the city council, as a condition precedent to the approval of the final map, shall require the subdivider to enter into one of the following agreements as specified by the city engineer:

A. An agreement with the city upon mutually agreeable terms to thereafter complete such improvements at the subdivider's expense; or

B. An agreement with the city to thereafter initiate and consummate proceedings under an appropriate special assessment act for the financing and completion of all such improvements; or, if not completed under such special assessment act, to complete such improvements at the subdivider's expense.

Any agreement between the city and a subdivider pursuant to this section shall be guaranteed by the security specified in this title and the Subdivision Map Act.

(Ord. 2010-07, § 1(exh. A), 2010.)

The appeals process for the decision of the director of community development and/or city engineer shall be as described in Section 19.01.110 of this title.

(Ord. 2010-07, § 1(exh. A), 2010.)

Upon the approval of any final map, the city clerk shall forthwith submit the map to the clerk of the county with instructions to the county recorder to record said map.

(Ord. 2010-07, § 1(exh. A), 2010.)