Cupertino Municipal Code Art. II Final Maps

A. The form, contents, accompanying data, and the filing of the final map shall conform to the provisions of this chapter.

B. The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

A. An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor. All 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 one part in ten thousand for field closures and one part of twenty thousand for calculated closures.

B. 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. Within five days after the final setting of all monuments has been completed, the engineer or the surveyor shall give written notice to the subdivider, and to the City Engineer, that the final monuments have been set.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

The form of the final map shall conform to the Subdivision Map Act and as provided in this section:

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

B. The size of each sheet shall be eighteen by twenty-six inches. 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 not less than one inch equals one hundred feet or as may be necessary 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 composing the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. When four or more sheets including the certificate sheet are used, a key sheet will be included.

C. All printing or lettering on the map shall be of one-eighth inch minimum height and of such shape and weight as to be readily legible on prints and other reproductions made from the original drawings.

D. 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 on the map shall be shown, including bearings and distances of straight lines, and radii and arc length or chord bearings and length for all curves, and any information that may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries.

E. Each parcel shall be numbered or lettered and each block may be numbered or lettered. Each street shall be named or otherwise designated. The subdivision number shall be shown together with the description of the real property being subdivided.

F. The final form of the final map shall be approved by the City Engineer.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

The contents of the final map shall conform to the Subdivision Map Act and as provided in this section.

A. Boundary. The boundary of the subdivision shall be designated by a heavy black line in such a manner as not to obliterate figures or other data.

B. Title. Each sheet shall have a title showing subdivision number and name and the location of the property being subdivided with reference to maps which have been previously recorded, or by reference to the plat of a United States Survey. The following words shall appear in the title, "In the City of Cupertino."

C. Certificates. The following certificates appear only once on the cover sheet:

1. Owner's Certificate. A certificate, signed and acknowledged by all parties having record title interest in the land subdivided, excepting those parties having rights-of-way, easements, or other interests which cannot ripen into a fee, or exceptions provided by the Subdivision Map Act consenting to the preparation and record of the map and offering for dedication to the specific certain specific parcels of land.

2. Trustee's Certificate. A certificate, signed and acknowledged by any trustees of record at time of City Council or City Engineer approval of the final map, consenting to the recording of the map and any offers of dedication.

3. Engineer's or Surveyor's Certificate.

a. The following certificate shall appear on the final map: This map was prepared by me or under my direction and is based upon a field survey in conformance with the requirements of the Subdivision Map Act and local ordinances at the request of (name of person authorizing map) on (date). I hereby state that all the monuments are of the character and occupy the positions indicated or that they were set in those positions before (date), and that the monuments are, or will be, sufficient to enable the survey to be retraced, and that this final map substantially conforms to the conditionally approved tentative map. (Signed) _______________________ R.C.E. (or L.S.) No. _______________________

b. Recorder's certificate or statement. Filed this ___ day of ___, 20_, at ___m. in Book __ of ___, at page __, at the request of __________. Signed _______________________ County Recorder

4. City Engineer's Certificate/Surveyors Certificate.

a. A certificate by the City Engineer stating that the map has been examined and that it is in accord with the tentative map and any approved alteration thereof, and complies with the Map Act and any local ordinances applicable at the time of the approval of the tentative map have been complied with.

b. If the City Engineer was registered as a civil engineer before January 1, 1982, he or she may also certify that the map is technically correct. Otherwise, the certification of the technical correctness of the map must be separately attached to the map by a person authorized to practice land surveying pursuant to Section 8700 et seq. of the California Business and Professions Code.

5. Director of Community Development Certificate. A certificate by the Community Development Director stating that the tentative map was approved by resolution of the Planning Commission. The date and number of the resolution shall appear in the certificate.

6. City Clerk's Certificate. A certificate for execution by the City Clerk stating the date and number of the resolution adopted by the City Council approving the final map and stating that the City Council accepted, accepted subject to improvement or rejected on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication.

7. Certificate of Soils and Geologic Report. When a soils report, a geologic report, or soils and geologic reports have been prepared specifically for the subdivision, the fact shall be noted on the final map, together with the date of the report or reports, and the name of the engineer making the soils report and geologist making the geologic report and the location where the reports are on file. The certificate shall read, "A soils and/or geologic report for Subdivision No. *** was prepared by me or under my direction and was filed with the City on *** date."

8. County Recorder's Certificate.

a. A certificate to be executed by the County Recorder 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 maps.

b. The certificate shall show who requested the filing of the map, the time and date the map was filed, and the book and page where the map was filed.

9. Scale, North Point and Basis of Bearings. There must appear on each map sheet the scale, the north point and the basis of bearings based on Zone 3 of the California Coordinates, and the equation of the bearing to true north. The basis of bearings shall be approved by the City Engineer.

D. Linear, Angular and Radial Data. Sufficient linear, angular, and radial data shall be shown to determine the bearings and lengths of monument lines, street centerlines, the boundary lines of the subdivision and of the boundary lines on every lot and parcel of the subdivision and ties to existing monuments used to establish the boundary. Length, radius and total central angle or radial bearings of all curves shall be shown. Ditto marks shall not be used in the dimensions and data shown on the map.

E. Monuments. The location and description of all existing and proposed monuments shall be shown. Standard City monuments shall be set at (or from offsets as approved by the City Engineer) the following locations:

1. The intersection of street centerlines;

2. Beginning and end of curves in centerlines;

3. At other locations as may be required by the City Engineer.

F. Lot Numbers. Lot numbers shall begin with the number one in each subdivision and shall continue consecutively with no omissions or duplications except where contiguous lands, under the same ownership, are being subdivided in successive units, in which event lot numbers may begin with the next consecutive number following the last number in the preceding unit. Each lot shall be shown entirely on one sheet of the final map, unless approved by the City Engineer.

G. Adjoining Properties. The adjoining corners of all adjoining subdivisions shall be identified by subdivision number, or name when not identified by official number, and reference to the book and page of the filed map showing subdivision; and, if no such subdivision is adjacent, then by the name of the owner and reference to the recorded deed by book page number for the last recorded owner of adjacent property.

H. City Boundaries. City boundaries which cross or join the subdivisions shall be clearly designated.

I. Street Names. The names of all streets, alleys or highways within or adjoining the subdivision shall be shown.

J. Easements.

1. Easements for roads or streets, paths, storm-water drainage, sanitary sewers, energy utilities and/or public utilities, water utilities, or other public use as may be required, shall be dedicated 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, any streets, paths, alleys or storm drainage easements are not accepted by the City Council or City Engineer, the offer of dedication shall remain open and the City Council or City Engineer may, by resolution at any later date, accept and open the streets, paths, alleys or storm drainage easements for public use, which acceptance shall be recorded in the office of the County Recorder.

2. 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 serial number and date, book and page of official records.

3. Easements not disclosed by the records in office of the County Recorder and found by surveyor or engineer to be existing, shall be specifically designated on the map, identifying the apparent dominant tenements for which the easement was created.

4. The sidelines of all easements of record shall be shown by 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.

5. The City Engineer shall accept any dedications lying outside the subdivision boundary which require a separate grant deed. The acceptance shall be recorded in the office of the County Recorder.

(Ord. 2085, § 2 (part), 2011; Ord. 1609, § 1 (part), 1992; Ord. 1384, Exhibit A (part), 1986)

The subdivider shall submit four sets of prints of the final map to the City Engineer for checking. The preliminary prints shall be accompanied by two copies of the following data, plans, reports and documents in a form as approved by the City Engineer:

A. Improvement Plans. Improvement plans as required by Article VI of Chapter 18.32 of this title;

B. Soils Report. A soils report prepared in accordance with Chapter 16.12 of this code;

C. Title Report. A title report showing the legal owners at the time of submittal of the final map;

D. Improvement Bond Estimate. The improvements bond estimate shall include all improvements within public rights-of-way, easements, or common areas and utility trench backfill as provided by the developer, except for those utility facilities installed by a utility company under the jurisdiction of the California Public Utilities Commission;

E. Deeds for Easements or Rights-of-way. Deeds for easements or rights-of-way required for road or drainage purposes which have not been dedicated on the final map. Written evidence acceptable to the City in the form of rights of entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the facility;

F. Joint Use of Right-of-way Agreement. Agreements, acceptable to the City, executed by all owners of all utility and other easements within the proposed rights-of-way consenting to the joint use of the rights-of-way, as may be required by the City for public use and convenience of the road shall be required. These owners shall join in the dedication and subordinate their rights to the right of the public in the road;

G. Traverse Closures. Traverse closures for the boundary blocks, lots, easements, street centerlines and monument lines. The error of field closures in the traverse around the subdivision and around the interior lots or blocks shall not exceed one part in twenty thousand;

H. Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic calculations of all storm drains;

I. Organization Documents. The submittal of the final map or parcel map shall include the proposed declaration of covenants, conditions and restrictions, and all other organizational documents for the subdivision in a form as defined by Civil Code Section 1351. All documents shall be subject to review by the City Engineer and City Attorney;

J. Any additional data, reports or information as required by the City Engineer.

(Ord. 2085, § 2 (part), 2011; Ord. 1609, § 1 (part), 1992; Ord. 1384, Exhibit A (part), 1986)

The City Engineer shall review the final map and the subdivider's engineer or surveyor shall make corrections and/or additions until the map is acceptable to the City Engineer.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

A. Upon receipt of an approved print, the subdivider shall submit the original tracing of the revised map, prepared in accordance with the Map Act and this title and corrected to its final form, and signed by all parties required by the Map Act and this title to execute the certificates on the map, to the City Engineer.

B. The City Engineer and Director of Community Development shall sign the appropriate certificates and transmit the original to the City Clerk.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

A. The final map, upon approval by the City Engineer and Director of Community Development, together with the subdivision improvement agreement, shall be placed on the Council agenda for their approval. The City Council shall consider the final map for approval within ten days after filing with the City Clerk, or at its next regular meeting at which it receives the map, whichever is later. The City Council shall have approved the subdivision improvement agreement before approving the final map. In the alternative, the City Engineer may hold a public meeting and approve the Final Map. The City Manager may approve the subdivision improvement agreement, following approval by the City Engineer, Director of Community Development and City Attorney. The City Engineer may reject the final map and defer approval until an acceptable agreement and/or final map has been resubmitted.

B. If the subdivision improvement agreement and final map are approved by the City Manager, he or she shall instruct the City Engineer to execute the agreement on behalf of the City. If the subdivision improvement agreement and/or final map is unacceptable, the City Manager shall make their recommended corrections, instruct the City Engineer to draft a new agreement and/or revise the final map and defer approval until an acceptable agreement and/or final map has been resubmitted.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

A. The City Council or City Engineer shall deny approval of the final map upon making any of the findings contained in Section 18.16.060.

B. The City Council or City Engineer shall not deny approval of the 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.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

If the final map is not subject to Section 66493 of the Government Code (relating to security for taxes and special assessments not yet payable), upon approval by the City Council or City Engineer and receipt of the improvement security by the City Engineer, the City Clerk shall execute the appropriate certificate on the certificate sheet and forward the map, to the County Recorder. If a final map is subject to Section 66493 of the Government Code, the City Clerk shall forward the map to the Clerk of the Board of Supervisors for processing under Government Code Section 66464(b).

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

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

a. The subdivider, at the time the tentative map is filed, informs the Director of Community Development of the subdivider's intention to file multiple final maps on such tentative map, or

b. After filing of the tentative map, the local agency and the subdivider concur in the filing of multiple final maps. In providing such notice, the subdivider shall not be required to define the number or configuration of the proposed multiple final maps. The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map.

Each final map which constitutes a part, or unit, of the approved subdivision improvement agreement to be executed by the subdivider shall provide for the construction of improvements as may be required to constitute a logical and orderly development of the whole subdivision by units.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)