Del Rey Oaks Municipal Code Ch. 16.18 Final Map

A. Within 24 months after approval or conditional approval of the tentative map, the subdivider may cause the final map to be prepared in accordance with the tentative map as approved, or conditionally approved.

B. An extension of not exceeding two additional years may be granted by the planning commission upon application of the subdivider.

C. Any failure to record a final map within 24 months from the approval or conditional approval of the tentative map, or within the time extension granted by the planning commission, shall terminate all proceedings.

(Ord. No. 245, § 1 (Exh. A), 5-26-1998)

A. The final map shall be made to a scale large enough to show details clearly, minimum scale of 100 feet to the inch or larger, using more than one sheet if necessary. The original shall be drawn in black ink upon tracing cloth or polyester base film of good quality. The size of the sheets shall be 18 inches by 27 inches, and all sheets shall have a two-inch margin on the left side and a one-inch margin on all other borders.

B. Each sheet shall be numbered, the relation of one sheet to another shown, and the number of sheets used in the map shall be set forth in the title of the map. If more than two sheets are necessary, an index diagram shall be provided.

C. The title of the final map shall consist of a tract number and name, conspicuously placed at the lower right-hand corner of the sheet followed by the words, "consisting of __ sheets" (showing the number thereof), followed by the words, "City of Del Rey Oaks."

D. The map and title sheet shall also contain a subtitle giving a general description of the property being subdivided by reference to maps which have been previously filed or recorded, or by reference to the plat of any state or U.S. survey. Each reference in such description shall be set out as on the original record thereof as on the original pages of records and worded identically with the original record thereof and references to book and page of record must be complete.

(Ord. No. 245, § 1 (Exh. A), 5-26-1998)

The final map shall show the following:

A. Boundaries, Streets and Easements. The exterior boundaries of the land in the subdivision shown by a blue border one-eighth inch wide; the border lines and centerlines of all proposed streets with their widths and names; all easements including those to be dedicated to public use; vertical and lateral accessway easements shall be reviewed by a qualified biologist and/or geologist and easements shall be dedicated to the public as determined by the city and in approved in the tentative map;

B. Adjacent Streets. The lines of all adjoining properties; the lines of adjacent streets and alleys, showing their widths and names;

C. Lot Lines and Numbers. All lot lines, and numbers for all lots. Building lines shall be shown if they differ from zoning requirements. All lots are to be numbered consecutively;

D. Dimensions. All dimensions, both linear and angular, for locating boundaries of subdivisions, lots, street and alley lines, easements and building lines. The linear dimensions shall be expressed in feet and hundredths of a foot;

E. Monuments. All permanent monuments, together with their descriptions showing their location and size, and if any points were reset by ties, that fact shall be stated. Monuments shall be of a type and location as prescribed by the standards;

F. Title and Description. Title and description of property being subdivided, showing its location and extent, north arrow, scale of plan, basis of bearing and name of subdivider and of engineer or surveyor platting the tract;

G. The boundaries of any areas subject to periodic inundation by water or to geological hazards;

H. Scenic easements and open spaces if not shown as a lot or parcel shall be described by courses and distances and the basis of bearings shown. When a tentative subdivision map is approved with a prescribed net density and when final subdivision maps are filed in units, sufficient lot size plus open spaces in each unit to meet the approved net density shall be provided;

I. Boundaries. Any city boundaries which adjoin the subdivision shall be designated and located in relation to adjacent lot or block lines. No lot shall be divided by a city or district boundary line;

J. Places where access rights have been waived or dedicated.

(Ord. No. 245, § 1 (Exh. A), 5-26-1998)

The following additional material shall be submitted with the final map:

A. Traverse Sheets. The subdivider shall furnish the city engineer traverse sheets prepared by a registered engineer or licensed surveyor showing the mathematical closure within one foot to 10,000 feet on the perimeter of the exterior boundary of the tract and of each block within the tract and each irregular lot.

B. Soils Report. The final map shall contain a note referring to the final soils report and recommended corrective action, and shall indicate by symbol on the map those lots needing corrective action.

(Ord. No. 245, § 1 (Exh. A), 5-26-1998)

The following certificates and acknowledgments shall appear on the final map, and may be combined where appropriate:

A. A certificate signed and acknowledged, by all parties having any record title interest in the land subdivided, consenting to the preparation and recording of the final map. In the event of dedication, there shall be a certificate signed and acknowledged by all parties having a record title interest in land being subdivided offering certain parcels of land for dedication for specified public uses, subject to such restrictions as may be contained in the offer of dedication. An offer of dedication for street or highway purposes may include a waiver of access rights to such street or highway from any property shown on the final map as abutting thereon. Any parcels of land shown on the map and intended for public use shall be offered for dedication for public use except those parcels intended for the exclusive use of lot owners in the subdivision, their licensees, tenants and employees. The signatures of parties owning the following types of interests 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 interest, none of which can ripen into a fee;

2. 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 which signatures it is impossible or impractical to obtain. In this case, a reasonable statement of the circumstances preventing the procurement of the signatures shall be set forth on the map;

3. Any subdivision map including land originally patented by the United States or the state of California, under patent reserving interest to either or both of these entities, may be recorded under the provision of this title without the consent of the United States or the state of California thereto, or to dedication made thereon;

4. Interests in or rights to minerals, including, but not limited to, oil, gas, or other hydrocarbon substances, if (1) the ownership of such interests or rights does not include a right of entry on the surface of the land, or (2) the use of the land, or surface thereof, in connection with the ownership of such interests or rights is prohibited by zoning or other governmental regulations of the governing body and the signatures of the owners of such interests or rights are waived by the governing body.

B. A certificate by the engineer or surveyor responsible for the survey and final map. His certificate shall give the date of the survey and state that the survey was made by him or under his direction and 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 and 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. If the certificate states that all the monuments will be set on or before a specified later date, the subdivider shall furnish to the city council of the City of Del Rey Oaks a bond or cash deposit in the amount equal to the estimated cost of s the map, guaranteeing payment of the cost thereof.

C. Certificates for execution by the city engineer, secretary of the planning commission, clerk of the city council and the county recorder.

(Ord. No. 245, § 1 (Exh. A), 5-26-1998)

The subdivider shall submit the final map and 12 blue line copies thereof in the form and with materials prescribed herein to the city engineer.

A. The final map shall be accompanied by a checking fee to be established by resolution of the city council from time to time hereafter enacted, the proposed improvement agreement, accompanying improvement security, a map filing title report and proposed private deed restrictions.

B. The city engineer shall forthwith transmit copies of the final map to the secretary of the planning commission, the county health officer, and to any fire district and flood control district containing the subdivision.

C. The city engineer shall examine the map and accompanying instruments, papers and materials and if he finds the map is substantially the same as the tentative map as approved and as modified by any approved alterations, that it complies with requirements of this title and of the Subdivision Map Act applicable at the time of approval of the tentative map, and that it is technically correct, he shall affix his certificate of approval to the map stating that he has examined the map and has made these findings.

D. The city engineer shall then transmit the final map to the secretary of the planning commission who shall examine the map to determine if it is in substantial conformity to the tentative map, and any approved alterations thereof; that it complies with this title and the Subdivision Map Act and that it is technically correct. If he finds that the final map meets these requirements he shall affix his certificate of approval to the map.

(Ord. No. 245, § 1 (Exh. A), 5-26-1998)

The subdivider shall execute and file with the city council an agreement between himself and the city for construction of improvements in the subdivision required by this title and other applicable laws. Said agreement shall provide for the following, in addition to other requirements which may be imposed.

A. The period within which the subdivider shall complete the improvement work to the satisfaction of the city engineer, failing which city may complete the work and recover the cost thereof from the subdivider and his improvement security;

B. Inspection of all improvement work by the city engineer and provision for payment to the city for the cost thereof;

C. The agreement may also provide for the construction of improvements in units, for extensions of time for performance of the agreement, and for progress payments to the subdivider or his order from cash deposits which the subdivider may have made as improvement security; provided, however, that no such progress payment shall be made for more than 90 percent of the value of any installment of work provided. No progress payments from cash deposits shall be made except upon certification by the city engineer that the work covered thereby has been satisfactorily completed, and upon approval and authorization by the city council;

D. That the subdivider file with the improvement agreement improvement security in the amounts and for the following purposes:

1. An amount determined by the city council, not less than 50 percent nor more than 100 percent of the total estimated cost of the improvements, conditioned upon the faithful performance of the agreement;

2. An additional amount determined by the city council, not less than 50 percent nor more than 100 percent of the total estimated cost of the improvement, securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvement;

3. "Improvement security" as used in this section means one or more of the following:

a. A cash deposit or deposits made with the city;

b. A bond or bonds by one or more duly authorized corporate securities;

c. An instrument or instruments of credit from one or more financial institutions subject to regulation by the state or federal government pledging that the funds necessary to meet the performance are on deposit and the guarantee for payment and agreeing that the funds designated by the instrument shall become trust funds for the purposes set forth in the instrument;

4. Improvement security may be released or reduced in the following manner:

a. Improvement security given for faithful performance of the agreement may be released upon final completion and acceptance of the work; partial release of cash deposit improvement security as the work progresses shall be as established hereinabove;

b. Improvement security securing the payment to the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials may, six months after the completion and acceptance of the work, be reduced to an amount not less than the total of all claims on which an action has been filed and notice thereof given in writing to the city council, and if there are no actions filed, the improvement security may be released in full.

(Ord. No. 245, § 1 (Exh. A), 5-26-1998)

Prior to the filing of the final map with the clerk of the city council, the subdivider shall file with the clerk a certification from the officer of the county computing redemptions 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 not yet payable.

A. As to taxes or special assessments collected as taxes not yet payable, the subdivider shall file with the clerk of the city council a certificate by the county assessor giving his estimate of the amount of taxes and assessments which are a lien but which are not yet payable.

B. Whenever any part of the subdivision is subject to a lien for taxes or special assessments collected as taxes which are not yet payable, the final map shall not be recorded until the subdivider executes and files with the city council a 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 which are not yet payable. In lieu of a bond, a deposit may be made of money or negotiable bonds in the same amount, and of the kind approved for securing deposits of public money.

(Ord. No. 245, § 1 (Exh. A), 5-26-1998)

A. When the certificates of the city engineer, the secretary of the planning commission, and all other required certificates, except that of the city council, have been placed on the final map it shall be filed with the clerk of the city council together with accompanying proposed improvement agreements, improvement security, and any other papers and materials required by this title.

B. The city council shall consider the map, the proposed improvement agreement, proposed improvement security, and all accompanying papers and materials. If the city council determines that they conform to the requirements of this title and the Subdivision Map Act, and that the conditions of approval of the tentative map are satisfied, it shall:

1. Approve the final map. The council at this time shall also accept, subject to improvement, or reject any or all offers of dedication;

2. Enter into an agreement for construction of improvements in the subdivision;

3. After approval of the final map by the city council, the city clerk shall execute a certificate thereon stating that the city council approved the map and accepted or rejected, on behalf of the public, parcels of land offered for dedication for the final map together with the recording fee, to be paid by the subdivider, to the county recorder;

4. The subdivider shall present to the county recorder evidence in the form of a title guarantee from a licensed title company that, upon the date of recording, as shown by public records, the parties consenting to the recordation of the map are all the parties having a record title interest in the land being subdivided whose signatures are required by the provisions of this title, otherwise the map shall not be recorded.

(Ord. No. 245, § 1 (Exh. A), 5-26-1998)