Delano Municipal Code Ch. 16.32 Final Map

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State Law reference— For statutory provisions relating to final subdivision maps, see Government Code §§ 66456, 66457, 66458, 66462, et seq.

Any failure to record a final map within one year from the approval or conditional approval of the tentative map or any extension thereof granted by the city council shall terminate all proceedings. During the two-year period subsequent to the date approval or conditional approval of the tentative map or any approved extension of the one-year period, neither the subdivision review division nor the city council shall make any changes in the various requirements pertaining to the tentative map, or call for the dedication of additional areas or the installation of additional or more extensive improvement than were set forth at the date of final action on the tentative map; however, changes or alterations may be made if requested by the subdivider and approved by the subdivision review division and the city council.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

Extensions of time for the approval of a final map may be approved by the city council, not to exceed the maximum time limits allowed for in Subdivision Map Act.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

Subsequent to the approval or conditional approval by the city council of the tentative map, the subdivider shall furnish the following information to the director of public works and shall receive his authorizations prior to the filing of the final map:

A. Typical cross-sections and proposed final finished grades of all roads and streets in the proposed new subdivision, together with a profile showing the relation between the finished grade and existing ground elevation. (All elevations on city datum);

B. Proposed length, size, grade and type of any pipes, culverts or structures necessary for drainage, erosion control or the public safety. (All elevations on city datum);

C. Any information required by the conditional approval of the city council.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

Upon receipt by the city engineer of the final map and other data submitted therewith, he shall examine such to determine that that the subdivision as shown is substantially the same as it appeared on the tentative map and any approved alterations thereof, that all provisions of the law and of this title at the time of approval of tentative map have been complied with, and that he is satisfied that the final map is technically correct.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

If the director of public works determines that full conformity therewith has not been made, he shall, within twenty days from the date of submission of the final map for approval, advise the subdivider in writing of the changes or additions that must be made for such purposes and shall afford the subdivider an opportunity to make such changes or additions.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

If the director of public works determines that full conformity therewith has been made, he shall so certify on the map and shall transmit the final map to the city council as provided by Section 66442 of the Government Code.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

The city council shall at its next meeting or within a period of not more than ten days after the filing approve the map subject to provisions of Section 11.32.040, if it conforms to all the requirements of this chapter applicable at the time of approval of the tentative map.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

The time limit of one year for the approval of the final map may be extended by mutual consent of the subdivider and city council. If no action is taken within such time or within the time which it has been extended by mutual consent, the map, if it conforms to all the requirements above set forth shall be deemed to be approved and it shall be the duty of the clerk of the city to certify the approval.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

The city council shall at the time specified in Section 16.32.070 also accept or reject any and all offers of dedication and shall as a condition precedent to the acceptance of any streets or easements require that the subdivider, at his option, either improve or agree to improve the streets or easements in accordance with the officially adopted subdivision standards.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

Pursuant to the provisions of Chapter 16.34 of this Code, the city requires the dedication of land or fees in lieu thereof or a combination thereof, for park or recreational purposes as a condition to the approval of a final subdivision map or parcel map.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

The final map shall be clearly and legibly delineated upon polyester film of good quality. All lines, letters, figures, certificates, acknowledgements and signatures shall be made in black waterproof India ink, except that such certificates, affidavits and acknowledgements, may be legibly stamped or printed upon the map with opaque ink. 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 particular number of the sheet and the total number of sheets comprising the map, the tract number, title, or other designation shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. The scale of the final map shall be one inch equals one hundred feet or one inch equals fifty feet, unless otherwise permitted by the city engineer, but in any case this scale shall show clearly all the details of the subdivision.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

The title sheet of the final map shall contain the tract designation and such other descriptive matter as may be necessary. Below the tract designation shall appear a subtitle consisting of a general description of all the property being subdivided by reference to recorded deeds or to maps which have been previously recorded or by reference to the plat of a United States Survey Reference 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. Every sheet comprising the map shall bear the tract designation, scale, north point, legend, sheet number, and number of sheets comprising the map. Below the tract designation shall be clearly noted the basis of bearing for the survey.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

The final map shall show the side line of all easements to which the lots are subject. If the easement is not definitely located of record, a statement as to the easement shall appear on the title sheet. Easements and rights-of-way for storm drains, public utilities and other purposes shall be denoted by broken lines and the particular purpose of easement or right-of-way shall be designated on the final map. Distances and bearings on the sidelines of the lots which are cut by the easements shall be so shown as to indicate clearly the actual lengths of the lot lines. The width of the easement and the lengths and bearings of the lines thereof to locate the easement definitely shall be shown. The easement shall be clearly labeled and identified and if already of record, proper reference to the records given. Easements being dedicated shall be so indicated in the certificate of dedication.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

At the time the subdivider presents the final map, there shall be present, in the manner required by the Subdivision Map Act certificates executed, respectively, by the various public utility companies authorized to serve in the area of the subdivision, certifying that satisfactory provisions been made with each of the public utility companies as to the location of their facilities, that satisfactory easements, where required by such companies, have been executed and delivered to the certifying companies for recording, and further consenting to the preparation and recordation of the final map.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

If the owner of an easement or right-of-way of any kind or nature in any right-of-way offered for dedication, who has no interest whatever in any part of the lands included within the subdivision, refuses to make his easement subject to any right-of-way offered to the public, but the final map in all other respects complies with this title, with the Subdivision Map Act, and with every other applicable statute and ordinance, and the city council finds that subdivider has in good faith attempted to obtain the necessary signature from such owner and has been unable to do so, and that a refusal to accept the final map for recordation would work an undue hardship on the subdivider, then by a majority vote of all the members of the city council may accept such map.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

The final map shall show clearly any stakes, monuments (type and size) or other evidence found on the ground to determine the boundaries of the tract. The corners of adjoining subdivisions or portions thereof shall be identified by lot and block numbers and subdivision name; proper ties shall be shown.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

Whenever the city engineer has established the centerline of a street or expressway adjacent to or in the proposed subdivision, the data shall be shown on the final map indicating all monuments found and making reference to recorded maps or deeds. If the points were reset by ties, the course and detail of relocation data used shall be stated.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

The map shall show the location and description of all monuments found and placed in making the survey of the subdivision with proper reference sufficient for relocation.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

The boundary of the subdivision shall be designated by a blue border one-eighth inch in width applied to the reverse side of the tracing and within the boundary of the subdivision. Such border shall not interfere with the legibility of figures or other data.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

City boundary lines bounding the subdivision shall be clearly designated and referenced.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

The final map shall particularly define, delineate and designate all lots intended for sale or reserved for private purposes, all parcels offered for dedication for any purpose, public or private with all dimensions, boundaries, and courses clearly shown and defined in every case.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

Lot numbers shall begin the number "1" and shall be consecutive with no omissions or duplications except that lot numbers of subsequent contiguous subdivision units may expand the numbering sequence of the previous unit. Each block shall be shown on one sheet when possible. Where adjoining blocks appear on separate sheets, the street adjoining both blocks shall be shown on both sheets complete with centerline and property line data.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

Map filed for the purpose of reverting subdivided land to acreage shall be conspicuously so designated under the title "The Purpose of this Map is a Reversion to Acreage."

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

The following certificates, acknowledgements and others required by law shall appear on the final map:

A. A certificate signed and acknowledged (corporate seal where required) by all parties with such exceptions as are provided in the Subdivision Map Act having any record title interest in the land subdivided, consenting to the preparation and recordation of said map, and in the event of dedication, offering for dedication all parcels of land shown on the final map intended for any public use, except those parcels other than streets which are intended for the exclusive use of the lot owners in the subdivision, their licensees, visitors, tenants and employees;

B. A certificate prohibiting traffic over the sidelines of a major highway, parkway, street, freeway or expressway, when and if access rights are waived by the subdivider.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

The final map shall be accompanied by:

A. Traverse sheets and worksheets showing the closure, within the allowable limits of error, of the exterior boundaries and of each irregular block and lot of subdivision;

B. Construction plans and specifications for all required and proposed improvements including all test data, calculations and reports necessary to support all design conditions or criteria.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

After issuance of a receipt for the final map, the city engineer and authorized representative shall examine it as to correctness of surveying data, mathematical data and computations and such other matters as require checking to insure compliance with the provisions of the Subdivision Map Act and of this title; provided, however, no checking of map or plans shall be commenced until all required maps, plans, calculations and other supporting data have been filed with the city engineer; provided, however, upon approval by the city engineer and the affected utility companies, minor revisions in utility easements, lot lines and street alignment based upon later engineering data shall be permitted without requiring the map to be resubmitted to the city council. Upon approval by the city engineer, the number of lots in a subdivision may be increased by not more than five percent of the total number of lots originally approved; provided that no lot in the subdivision is smaller than allowed by the zoning ordinance; the number of lots in a subdivision may be decreased by not more than twenty percent without requiring the map to be resubmitted to the city council. No lot shall be increased in size to the extent that it is unsuitable for the use for which it was originally intended.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

A. All streets, highways and other public ways shown on the final map shall be offered for dedication for public use.

B. All other easements and parcels shown on the final map intended for public use, excepting drainage easements on and along natural water courses, shall be offered for dedication for public use; provided, however, that no portion of a right-of-way strip required for the use by an electric public utility (outside of street rights-of-way) shall be included within any such dedication.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

"Section 16.32.251 School Site Dedications." (Added) See Sections 16.32.252 through 16.32.254 for school site dedication provisions.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

As a condition of approval of a final map, a subdivider who develops or completes the development of one or more subdivisions within the Delano Union Elementary School District shall dedicate to the school district such lands as the city council shall deem to be necessary for the purpose of construction thereon schools necessary to assure the residents of the subdivision adequate elementary school service.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

The requirement of dedication shall be imposed at the time of approval of the tentative map. If within thirty days after the requirement of dedication is imposed by the city or county the Delano Union Elementary School District does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be any time before, concurrently with, or up to sixty days after the filing of the final map on any portion of the subdivision.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

The Delano Union Elementary School District shall, if it accepts the dedication, repay to the subdivider or his successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:

A. The cost of any improvements to the dedicated land since acquisition by the subdivider;

B. The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication;

C. Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

The provisions of this chapter shall not be applicable to a subdivider who has owned the land being subdivided for more than ten years prior to the filing of the tentative maps.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

Pursuant to Chapter 16.34 of this Code, where the city requires the dedication of land for parks, recreation, such land shall be shown on the final map and shall be offered for dedication for public use.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

Names to be used for new streets shall be subject to the approval of the city council. If any designations are numbers, they shall be spelled out, completely using hyphens. The words "Avenue," "Place," "Street," etc. shall be spelled out in full. Names of newly dedicated portions of streets shall be shown in or arrowed to the dedicated portion.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

The following certificates shall accompany the submission of the final map:

A. The subdivider shall present to the recorder evidence 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 subdivided whose signatures are required by the provisions of Section 4 of Division 2, Title 7, of the Government Code; otherwise the map shall not be recorded;

B. Prior to the filing of the final map with the governing body, the subdivider shall file with the clerk of the board of supervisors of the county, in which any part of the subdivision is located, a certificate from the official computing redemptions in any county or any municipal corporation in which any part of the subdivision is located, 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, except taxes or special assessments not yet payable. As to taxes or special assessments collected as taxes not yet payable, the subdivider shall file with the clerk of the board of supervisors mentioned, a certificate by each proper officer giving his estimate of the amount of taxes and assessments which are a lien, but which are not yet payable;

C. 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 owner or subdivider executes and files with the board of supervisors of the county wherein any part of the subdivision is located a good and sufficient bond to be approved by the board and by its terms made to inure to the benefit of the county and conditioned upon the payment of all state, county, municipal, and other 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 the public money;

D. A certificate of the city clerk as to tax bond must accompany final maps recorded between the first Monday in March and the third Monday in October;

E. All other data and material that are now or may hereafter be required by law.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

If the final map is found to be in correct form and the matters shown thereon are sufficient, the director of public works shall endorse his approval thereon and transmit it to the city council, together with plans and specifications or a report thereon of proposed improvements and such other matters as are required to enable the city council to consider the final map, or return the final map to the subdivider, together with a statement setting forth the grounds for its return.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

A. As a condition precedent to the approval of the final map by the city council, the subdivider shall execute and file an agreement between himself and the city, agreeing to complete all improvement work to the satisfaction of the director of public works within eighteen months, and providing that if the subdivider fails to complete such work within such period the city may complete same and recover the full cost and expense thereof from the subdivider; provided, however, such agreement may be extended for additional periods of six months each upon approval of the city council.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

The agreement shall also provide for engineering and inspection costs incurred by the city during the fulfillment of the subdivision agreement; also connection and offsite charges and other applicable charges and credits. The agreement shall not allow for improvements and bonding for portions of a subdivision.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

All changes or modifications required for the development of the proposed subdivision to existing city utilities, streets and facilities within or adjacent to the subdivision, and all changes or modifications to other public utilities caused by the development of the subdivision which are not covered by city franchise agreements shall be paid for by the subdivider and provisions, therefor, shall be included in the subdivision agreement.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

To assure that the improvements specified are satisfactorily completed as required, a surety bond shall be furnished by the subdivider for the cost of the improvements in a sum or amount equal to the cost estimate approved by the city engineer. In lieu of the performance bond, a cash deposit, instrument of credit or lien agreement shall be made with the city or with a neutral escrow depository as provided in the Subdivision Map Act. Partial release of the bond may be made in accordance with the provisions of Section 66499.7 of the Government Code. The bond shall be fully released by the city council upon completion of the warranty period or upon revocation to acreage of the subdivision, and abandonment of all roads and easements.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

The city council shall at its next meeting or within a period of not more than ten days after the filing of the final map by the director of public works approve the map if it conforms to all the provisions of this title and the Subdivision Map Act applicable at the time of approval of the tentative map, or shall advise the subdivider of its disapproval, and the reason or reasons therefor.

If the subdivision map and agreement meet with the approval of the city council, the city shall enter into an agreement with the subdivider for all improvements as herein specified. Approval of the final map and subdivision agreement shall authorize the mayor to sign the subdivision agreement. The city council may reject any or all offers of dedication. If at the time the final map is approved, any street dedications are rejected by the council, the offer of dedication shall be deemed to remain open. The city council may, by resolution at any later date and without further action by the subdivider, rescind its previous action and accept and open said streets for public use, which acceptance shall be recorded in the office of the county recorder. If a resubdivision map or map showing the reversion to acreage of the tract is subsequently filed for approval, any offer of dedication previously rejected shall be deemed to be terminated upon approval of the map by the city council.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

Subsequent to the approval of the final map by the city council and the execution of required agreements the city clerk shall transmit the map to the clerk of the county board of supervisors for transmittal to the county recorder.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

Whenever a local agency has knowledge that real property has been divided in violation of the provisions of this title or of local ordinances enacted pursuant to this title, it shall cause to be filed for record with the recorder of the county in which the real property is located, a notice of violation, describing the real property in detail, naming the owners thereof, and describing the violation. Such notice, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. The county recorder shall index the names of the fee owners in the general index.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

A. Purpose. The provisions of this section provide findings and procedures for modifications of recorded final maps or parcel maps in conformity with Government Code Section 66472.1.

B. Fees. The subdivider shall pay a fee for the modification of a final map in the amount charged by the county recorder for accepting the map for recordation. The recording fee shall be remitted to the city treasurer prior to the approval of the modified map.

C. Materials for Filing. A proposed change to a final or parcel map shall require submittal of the following:

1. The materials indicated by Section 16.28.020 and 16.28.080 of this title, or in the case of a minor land division, the materials indicated by Section 16.40.080 of this title; and

2. A detailed written description of the manner in which the proposed modification meets the findings described in subsection G of this section.

D. Applicants. An applicant for a revision to a recorded map shall be either:

1. The owner of title to the subject property or his authorized representative; or

2. The advisory agency.

E. Review. The proposed change of design or modification of conditions shall be reviewed by the department of public works. A recommendation shall then be submitted to the city council.

F. Public Hearing. Any proposed change of design and/or modification to conditions of a final map or parcel map will require a public hearing before the city council according to the procedures specified in Government Code Sections 65090 and 65091. The subject of the hearing must be confined to consideration and action on the proposed modification.

G. Findings. In order to approve a modification to a recorded map as set forth in this section, the city council shall make the following findings:

1. That there are changes in circumstances which make any or all of the conditions or the design of such a map no longer appropriate or necessary; and

2. That the proposed modifications do not impose any additional burdens on the present fee owner of the property; and

3. That such modifications would not alter any right, title or interest in the real property; and

4. That the modified map, design, and improvement of the subdivision are consistent with applicable general and specific plans; and

5. That the site is physically suitable for the type of development and the proposed density of development; and

6. That the design of the subdivision or the proposed improvements will not cause substantial environmental damage or serious public health problems, or conflict with public easements.

H. Final Action. If the city council determines that the findings specified by subsection G of this section have been met, the requested modification shall be approved, and the applicant shall submit to the county recorder an amending map or a certificate of correction, as determined by the local agency, in accordance with Government Code Section 66470.

(Ord. No. 2024-1350, § 3, 8-19-2024)