Fresno County Municipal Code Ch. 17.32 Final Maps

Footnotes:

--- (5) ---

State Law reference— For statutory provisions relating to final subdivision maps, see Bus. & Prof. Code §§ 11554, 11555 and 11565 et seq.

A. Within eighteen months after the date of approval, or conditional approval, of the tentative map by the board or commission, or any extension thereof, the subdivider may cause the subdivision or any part thereof to be accurately surveyed and a final map to be prepared and filed. The final map shall conform to the tentative map, as approved, and shall comply with all provisions of Chapters 17.04 through 17.60.

B. The final map shall be filed with the director of public works in sufficient time to permit the actions by the director of public works, the board and the county clerk-recorder as required by Chapters 17.04 through 17.60 and the Subdivision Map Act.

C. See Section 17.28.170 for failure to record a final map within the specified time limits.

(Ord. 613, § 16, 1980; prior code, § 700.500A)

A. When Filed. The final map may be filed when it is completed and all required improvement plans and certificates, except the approval certificates of the board of supervisors and director of resources and development, have been signed and acknowledged where necessary.

B. With Whom Filed. If the subdivision lies entirely within the unincorporated area of the county, the filing shall be with the department of resources and development; if partially within the unincorporated area of the county and partially within a city, then filing shall be with the appropriate bodies of each, and each body shall act thereon as provided by law.

C. Documents Filed.

1. Original final map shall be filed with as any copies as may be required by the department of resources and development.

2. Evidence of title, acceptable to the county clerk-recorder, shall be secured from a title company indicating that, as shown by the public records, the parties whose signatures appear on the map and consent to the recordation of the map are all the parties having a record title interest in the land being subdivided whose signatures are require by the Subdivision Map Act.

3. Memorandum for the resources and development department containing the following data shall accompany the map:

a. The total area of the tract submitted,

b. The total area in roads and the total lineal length of roads,

c. The total area in lots,

d. The total number of lots,

e. The area in parks, school sites or other lands offered for dedication or reserved for future public or quasi-public uses,

f. The proposed use of the lots,

g. Total areas for each of the proposed uses.

4. Improvement plans shall be submitted showing all of the improvements required herein, and all others proposed to be installed by the subdivider, in, on, over or under any road, way, right-of-way, easement or parcel of land dedicated by the map.

5. All notes, sheets and drawings showing traverse closure and the computation of all distances, angles and courses shown on the final map and ties to existing and proposed monuments, and adjacent subdivisions shall accompany the map, when required by the director of resources and development.

6. All fees as hereinafter specified shall be paid.

7. A statement from the county treasurer-tax collector shall be secured showing that there are no liens against the subdivision or any part thereof for unpaid taxes or special assessments collected as taxes, except taxes or special assessments not yet payable.

8. A statement shall be secured from the county auditor-controller giving his estimate of the amount of taxes and assessments which are a lien but which are not payable.

9. The necessary agreements or contracts, bonds and deposits as hereinafter specified shall accompany to allow the recordation of the map.

(Ord. 0-81-002, § 32; Ord. 520-A15-a7, § 3, 1979; Ord. 520-A-14, § 19, 1975; prior code, § 700.500B)

A. A preliminary soil report shall be prepared by a civil engineer who is registered by the state based upon test borings or excavations unless waived as hereinafter provided. Said borings or excavations shall be taken at random locations within the subdivision at those locations designated by the director of public works. Not less than one test shall be made for every forty lots or ten acres, whichever represents the lesser area, and in no case shall there be less than two borings for each subdivision. The director of public works may require additional tests when he determines the soil conditions within the subdivision are so varied that additional tests will be needed. If the director has knowledge of the soil qualities of the subdivision he may waive some or all of the borings. The borings shall be at least ten feet in depth. The depth of borings shall be adjusted to represent soil profiles after any propose lot gradings and shall take into consideration the soil composition after excavations and embankments have been completed. The preliminary soil reports shall contain the following information:

1. The maximum amount of excavation and fill to be expected;

2. The location of foundations in relation to excavations and fills;

3. The expansive qualities of the soils encountered where foundations are to be placed in and shall state the percentage of swell of a soil section taken from a representative undisturbed core sample under a load of six hundred twenty-five pounds per square foot, laterally restrained, saturated and allowed to swell. If footings are to be placed in fills the expansive tests shall be performed under a load of six hundred twenty-five pounds per square foot, laterally restrained and compacted to ninety percent of maximum density with the moisture content below the shrinkage limit. The percentage of expansion shall be recorded after twenty-four hours. If the swell of the sample exceeds three percent, it shall be presumed that the soil involved is critically expansive and a soil investigation as required in subsection B below will be required;

4. Recommended bearing values for the soils;

5. Whether other soil problems exist which if not corrected could lead to structural defects;

6. Copies of the test boring analysis. (Water well drilling logs shall not be substituted.)

B. Soil Investigations. If the preliminary soil report indicates the presence of critically expansive soils or other soils or fills would be of such depth that foundations will not rest on original ground, a soil investigation shall be prepared for each lot in the subdivision by a civil engineer who is registered by the state. The soil investigation report shall include the following:

1. The physical properties of subsurface formations;

2. The composition of subsurface soil and rock and ground water conditions;

3. The stability of anticipated cut or fill slopes;

4. The general types of site grading;

5. Recommendations on corrective actions which are likely to prevent structural damage to each dwelling to be constructed. These recommendations may include the requirement that the corrective work must be under the supervision of a registered civil engineer.

The soil investigation shall be reviewed by the director who shall approve the investigation if he determines that the recommended action is likely to prevent structural damage to each dwelling to be constructed.

C. Waiver of Soil Report. The director of public works may waive the preliminary soil report if he has knowledge of the soil qualities within the subdivision.

(Prior code, § 700.500C)

One copy of the final map shall be referred by the director of public works to the county health department for review and written report within twenty days.

(Prior code, § 700.501B)

A. Upon receipt of the final map, the director of public works shall refer all easements for public utilities, including anchorage easements to the proper public utility for review and recommendation.

B. The director of public works shall check and determine the correctness of surveying data, plans, profiles and specifications of improvements, certificates of dedication, acceptances of dedication and acknowledgments conformity with the approved tentative map, and such other matters as require checking to insure compliance with Chapters 17.04 through 17.60.

C. If the final map and all accompanying materials are in the correct form prescribed by Chapters 17.04 through 17.60 and the matters shown thereon are sufficient, their correctness shall be certified on the map by the director of public works within twenty days of receipt.

D. The director of public works shall thereupon transmit said map together with said other materials to the clerk of the board for presentation to the board.

(Ord. 520-A15-a7, § 4, 1979; Ord. 520-A-14, § 20, 1975; prior code, § 700.501C)

A. Approval of Map.

1. At its next regular or adjourned meeting after the filing of a final map with the clerk of the board, the board of supervisors shall consider said map to determine if it is in conformity with all the requirements of Chapters 17.04—17.60.

2. The board shall at that time accept or reject any or all offers of dedication and shall, as a condition precedent to the acceptance of any roads or easements, require that the subdivider agree to improve the roads and easements.

3. Upon approval of the map by the board, the clerk of the board shall present the map duly certified to the county clerk-recorder for recordation.

B. Disapproval of Map.

1. If the board of supervisors determines either that the map is not in conformity with the requirements of Chapters 17.04—17.60, or the approved tentative map, or that the proposed improvements do not meet county improvement standards, the board shall disapprove such final map, specifying its reason or reasons thereof, and the clerk of the board shall, in writing, advise the subdivider of such disapproval and the reason or reasons therefor.

2. The subdivider may file a new final map with the director of public works altered to conform to all the requirements of Chapters 17.04—17.60.

(Prior code, § 700.501D)

The survey and final map shall be made by a registered civil engineer or licensed land surveyor who shall set monuments in conformity with monument standards so that the survey is readily retraceable. All data, profiles and other engineering drawings submitted with the final map shall be prepared and signed by a registered civil engineer.

(Prior code, § 700.502A)

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, including affidavits, certificates and acknowledgments, except that such affidavits, certificates and acknowledgments may be legibly stamped or printed upon the map with opaque ink. Signatures shall be in opaque black ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

B. The size of each sheet of the map shall be eighteen by twenty-six inches. A line shall be drawn around each sheet leaving an entirely blank margin of one inch.

(Ord. 520-A-14, § 21, 1975; prior code, § 700.502B)

The scale of the map shall be one inch equals one hundred feet; except that subdivisions with lots of two and one-half acres or greater may use a scale of one inch equals two hundred feet, or that the director of public works may require one inch equals fifty feet if complexity of detail so warrants.

When the final map consists of more than two sheets, a key map drawn to a scale of one inch equals one thousand feet shall be placed on sheet number one indicating the relationship among all sheets.

The particular number of each 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.

(Prior code, § 700.502C)

The title of each final map shall consist of a tract number conspicuously placed at the top of the sheet followed by the words "consisting of _______ sheets" (showing the number thereof) followed by the words "In the County of Fresno" or "In the County of Fresno and Partly in the City of_______," as the case may be.

(Prior code, § 700.502D)

Below the title shall appear a description of all the property being subdivided, by reference to such map or maps of the property shown thereon as previously recorded or filed in the county clerk-recorder's office or previously filed with the county clerk-recorder pursuant to a final judgment in any action in partition, or previously filed in the office of the county clerk-recorder under authority of Chapter 3, Part 2 of Division 4 of the Business and Professions Code, or by reference to the plat of any United States Survey.

Each reference, in such description, to any tract or subdivision shall be spelled out and worded identically with the original records thereof and must show a complete reference to the book and page of records of the county clerk-recorder. The description shall also include reference to any abandonment with the date, book and page of records of the county clerk-recorder.

(Prior code, § 700.502E)

The boundary line of a subdivision shall be indicated on the final map by approximately a one-sixteenth inch wide border outside such boundary line and shall not obliterate any line, figure or other data appearing on the map.

All lines shown on the map which do not constitute a part of the subdivision itself shall be clearly distinguishable from those lines which are a part of the subdivision.

(Ord. 520-A-14, § 22, 1975; prior code, § 700.502F)

No additional survey and map requirements shall be included on the final map which do not affect record title interests. However, the map shall contain a notation of reference to survey and map information required by Section 17.32.270.

(Ord. 86-016, § 1)

Certificates and acknowledgments as are required by Chapters 17.04—17.60 and the Subdivision Map Act shall appear on the title sheet of the final map, unless their omission is permitted in the manner provided by the Subdivision Map Act.

The certificates and acknowledgments may be either a separate document or certificate on the final map.

Whenever a certificate or acknowledgment is made by separate instrument, there shall appear on the final map a reference to the separately recorded document. This reference shall be completed by the county recorder.

(Ord. 86-016, § 2; prior code, § 700.502G)

A lot shall be shown in its entirety on one sheet:

A. Designation. The final map shall particularly define, delineate and designate all lots intended to be reserved for private purposes, all parcels offered for dedication for any purpose, and any private roads, with all dimensions, boundaries and courses clearly shown and defined in every case. Parcels offered for dedication other than for roads, alleys, pedestrian walkways, water lots or easements shall be designated by number.

B. Lot Numbers. The lots shall be numbered consecutively beginning with the numeral "1" and shall continue without omission or duplication throughout the entire tract.

C. Area Designation. Each lot containing an area of one acre or more shall have designated thereon the net acreage of such lot shown not less accurately than to the nearest one-hundredth of acre.

(Ord. 520-A-14, § 23, 1975; prior code, § 700.503A)

A. The bearing and length of each lot line, block line and bound line shall be shown on the final map; provided, that when bearings or lengths of lot lines in any series of lots are the same, such bearings or lengths may be omitted from each interior parallel lot line of such series. Each required bearing and length shall be shown in full and no ditto mark or other designation of repetition shall be used.

B. The length, the radius, the total center angle of each curve and the central angle and length of each segment within each lot shall be shown.

C. The distances and bearings on the side lines of lots which are cut by easements shall be arrowed or shown as to indicate clearly the actual length of each lot line.

D. If the map includes a designated remainder or omitted parcel, and the gross area thereof is five acres or more, that parcel need not be shown on the map as a matter of survey, but only by deed reference to the existing boundaries of the parcel.

(Ord. 95-020, § 5, 1995; prior code, § 700.503B)

A. Data Required.

1. For each highway and road the following shall be shown:

a. Width of existing right-of-way;

b. Width of portion to be dedicated, if any;

c. Centerline with right-of-way width on each side;

d. Centerline data, as follows:

i. Distance between centerlines of streets and points of agency,

ii. Length of each tangent,

iv. Center angle,

v. Length of each curve.

2. For each alley and pedestrian walkway the following shall be shown:

a. Total right-of-way width;

b. Bearings and distances as needed.

3. For each water lot and other parcel offered for public or private use the following shall be shown:

a. The intended use;

b. Dimensions of parcel (with bearings and distances as needed).

B. Nonaccess Line. Nonaccess lines shall be shown on the final map. The certificate shall indicate therein where direct access rights are being relinquished.

C. Road Names. Each road shown on the final map shall have a name. The road name shall be subject to approval by the board of supervisors.

Each road which is to be dedicated, which is a continuation of, or approximately the continuation of, any existing dedicated road or way, shall be given the same name as such existing road. Where a road within the subdivision coincides with an alignment for which the board has previously designated a street name, the same street name shall be shown on the final map.

The words "avenue," "boulevard," "place" or other designation of any such road or way shall be spelled out in full on the final map and have a proper indication of north, south, east or west as a prefix thereto.

D. Dedication. If a highway, road, alley, pedestrian walkway, water lot or other parcel intended for public use is being dedicated by a final map it shall be properly designated on the map and set out in the owner's certificate of dedication on the map.

E. Private Roads. The same data shall be shown for private roads to define their boundaries as is required for public roads in subsection A of this section and also sufficient mathematical data to show clearly the portion of each lot within such road. Private roads shall be designated by name and shall be shown on the map by heavy dashed lines. If a road is approved by the board as a private road, it shall be granted for the private use of the lot owners which it is intended to serve. Private roads shall not be certified for public use by the subdivider.

(Ord. 88-024, § 2; prior code, § 700.503C)

A. Location, Width and Ties. The final map shall show the width, the sidelines or centerlines and sufficient ties to definitely locate each easement to which the lots in the subdivision are subject. If the location of such easement cannot be definitely determined, a statement shall be placed on the map acknowledging the existence of such easement.

B. Designation, Notes and Figures. Each easement shown for any canal, ditch, storm drain, sewer or utility shall be designated by a fine dashed line and clearly labeled and identified with all notes and figures pertaining thereto subordinate in form and appearance to those relating to the subdivision itself. If the easement is of record, the record reference shall be shown.

C. Dedication. If an easement is being dedicated by a final map, it shall be properly set out in the owner's certificate of dedication on the map.

(Prior code, § 700.503D)

Each county or city bounder line crossing or adjoining the subdivision shall be shown upon the final map and such line shall be clearly designated and tied in. No lot shall be divided by a county, city, school, or special district bounder line.

(Prior code, § 700.503E)

The final map shall show the location and type of all monuments placed in accordance with Chapter 17.44.

(Prior code, § 700.503F)

A. Floodwater. If any portion of the land within the subdivision shown on any final map is subject to inundation or flood hazard by stormwaters, such fact and portion shall be clearly shown as map information in accordance with Section 17.32.270.

B. Overflow or Ponding. If any portion of such land is or will be subject to periodic sheet overflow or ponding of local or foreign stormwater, the location shall be shown in accordance with Section 17.32.270.

C. Natural Watercourses. The location of any watercourse, channel, stream or creek which functions as a drainageway shall be shown in accordance with Section 17.32.270. In the event said watercourse, channel, stream or creek is required to be relocated, only the new location need be shown.

(Ord. 86-016, § 3; prior code, § 700.503G)

The final map shall show the tract number (and name, if any) of abutting subdivisions.

(Prior code, § 700.503H)

The recordation of the final map and the construction of subdivision improvements may, with the approval of the board, be performed in two or more units; however, each unit must have a separate tract number. No bonds, deposits, payments or other security need be furnished for the deferred unit or units until the final map for the deferred unit or units is submitted to the board for approval. Final maps for all units shall be filed with the board within the time limits set forth in this title for the filing of a final map.

(Prior code, § 700.504)

Title to dedicated property shall pass upon its acceptance by the board and recordation of the final map. The responsibility for maintenance of improvements shall not pass to the county until the improvements have been accepted by the board pursuant to Section 941 of the Streets and Highway Code of the state.

(Prior code, § 700.505)

If at the time the final map is approved any roads are rejected, the offer of dedication shall remain open and the board may by resolution at any later date, and without further action or obligation by the subdivider, rescind its action and accept and open the roads for public use. Such acceptance shall be recorded in the office of the county clerk-recorder, and the clerk-recorder shall make a note of such action on the subdivision plat.

(Prior code, § 700.506)

If a resubdivision of an existing subdivision proposes to realign roads and other easements any previous dedication, whether accepted or rejected, shall be summarily vacated and abandoned upon approval and recordation of the new map and the recordation of a certified copy of the board's resolution approving the map and vacating the previous roads and other easements.

(Prior code, § 700.507)

A. Additional survey and map information may include: building setback lines, flood hazard zones, seismic lines and setbacks, geologic mapping, archaeological sites and other information required by this chapter.

B. Additional information shall be filed or recorded simultaneously with the final map. The additional information shall be in the form of a separate document or an additional map sheet which shall indicate its relationship to the final map, and shall contain a statement that the additional information is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest. The document or additional map sheet may also contain a notation that the additional information is derived from public records or reports, and does not imply the correctness or sufficiency of those records or reports by the preparer of the document or additional map sheet.

(Ord. 86-016, § 4)