Fresno Municipal Code Art. 36 Final Maps

A Final Map shall be filed and approved to complete the subdivision process for a subdivision of five or more parcels.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Upon the approval of the Tentative Map, the subdivider may file a Final Map which substantially conforms to the approved Tentative Map and which is in the form required by the Map Act.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A. Multiple Final Maps relating to an approved or conditionally approved Tentative Map may be filed prior to the expiration of the Tentative Map if the subdivider, at the time the Tentative Map is filed, informs the City Engineer in writing of the subdivider's intention to file multiple Final Maps on the Tentative Map, or after the filing of the Tentative Map the subdivider and City Engineer concur in the filing of multiple Final Maps.

B. The Commission or Council, acting on an appeal, shall approve the sequence of map approvals. 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 that constitutes a part, or unit, or the approved or conditionally approved Tentative Map shall have a separate subdivision number. The public improvement agreement executed by the subdivider shall provide for the construction of improvements as required to constitute a logical and orderly development of the whole subdivision.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A Final Map shall be prepared by or under the direction of a person authorized to do so under the Map Act. Final Map submittal shall include all information and other materials as required by City policies, adopted standards, and the Map Act.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A. Final map submittals shall include information and other material prepared as required by the City Engineer, City policies, adopted standards, and the Map Act. This includes, but is not limited to, sheet sizes, scope of area depicted on the map, scale of the map, border size, affidavits, certificates, mathematical information and data necessary to locate monuments, interior and exterior boundary lines, titles, title sheet, and other information deemed necessary by the City Engineer.

B. The Final Map shall be based upon a field survey.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

After receipt of the action of the Review Authority approving or conditionally approving the Tentative Map, the subdivider may cause the real property included within the map, or any part thereof, to be surveyed and a Final Map prepared in compliance with the approved or conditionally approved Tentative Map application. All documents necessary for adequate review of the Final Map shall be submitted to the City Engineer. Documents required for review include the following:

A. Dedications. All dedications or offers of dedication shall have been accomplished or shall be made by notation and a certificate on the map. Dedications or offers of dedication made on the map may be accepted, accepted subject to improvement, or rejected at the time the map is approved. The City Clerk shall certify the City Engineer's action with regard to such dedications or offers of dedication.

B. Improvements. All required improvements shall have been made, or an agreement providing for the construction of such improvements shall have been entered into with the City.

C. Additional Documents. The subdivider shall file the following documents with the City Engineer:

1. A statement from the County Officer computing redemptions, that according to the records of their office there are no liens for unpaid municipal taxes or special assessments collected as taxes, except taxes or special assessments not yet payable, against said subdivision or any part thereof, and as to the latter, an estimate of taxes and assessments which are a lien, but not yet payable.

2. In the event of any proposed dedication for public use, a certificate of title, a subdivision guarantee, or a dedication letter in the name of the owner of the land, issued to or for the benefit and protection of the City by a title company authorized by the laws of the State to write the same, showing all parties whose consent is necessary to pass clear title to the land being subdivided, together with the nature of their interests therein except where the land contained in such subdivision is registered under the Land Registration Act (i.e., Torrens Act) in which latter case a certified copy of the certificate of title shall be furnished.

3. Whenever property is subdivided with the intention that it shall have a use other than designated on the then existing zoning map, such use shall be stated, and the building setback lines and other regulations affecting such other use shall be shown and noted on the plot.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A. Review of Final Map. The City Engineer shall be the primary coordinator in seeing that conditions of approval of the Tentative Map have been fulfilled.

B. Review of Final Map for Condition and Government Code Compliance. The City Engineer shall be responsible for seeing that the conditions of approval and applicable provisions of the Government Code have been fulfilled. The City Engineer shall transmit maps to and request written reports from the City departments which have submitted conditions on the approved Tentative Map.

C. Examination by the City Engineer. Upon receipt of the Final Map, the City Engineer shall examine it as to sufficiency of affidavits and acknowledgements, correctness of survey data, mathematical data and computations, and other matters which may require checking to ensure compliance with the provisions of the Map Act, this Division, and applicable City standards. If the Final Map is found to be in substantial compliance with the Tentative Map and is to form, the matters shown on the map are sufficient, and the City Engineer is satisfied that all of the conditions of approval have been met, the City Engineer shall endorse approval of the Final Map.

D. Filing of Official Copy of Final Map. If the Final Map and the accompanying documents have been found satisfactory by the City Engineer, the subdivider shall cause the Final Map to be officially filed with the City Engineer at least 20 days before the expiration of the approved or conditionally approved Tentative Map or any approved extension of time granted. The Final Map shall not be officially filed until the engineer or surveyor has received notification from the City Engineer that all provisions of the Tentative Map approval, the Map Act, this Development Code, the Municipal Code, and applicable City standards have been complied with. The filing of the official copy of the Final Map with the City Engineer shall constitute the timely filing of the Final Map.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

The City Engineer shall submit the final map to the Council per the Map Act (Section 66474.1) for action as follows:

A. Referral to the Council. Upon receipt of the Final Map, the City Engineer shall check it as to correctness of surveying data, plans, profiles, and specifications of improvements, certificates of dedication, acceptance of dedication, and acknowledgments, and such other matters as require checking to ensure compliance with the provisions of law and of this article.

B. Criteria for Approval. If the map conforms to all of the requirements of the Map Act and this Code, the Council shall approve the map. If the map does not conform, the Council shall disapprove the map.

C. Timing of Council's Review. The Council shall take action not more than 10 days after the filing of the Final Map, or at the next available hearing date.

D. City Engineer's Certificate. Following approval by the Council, the City Engineer shall execute the City Engineer's certificate.

E. Map with Dedications. If a dedication or offer of dedication is required on the Final Map, the Council shall accept, accept subject to improvements, or reject any or all offers of dedication, at the same time as it takes action to approve the Final Map. If the Council rejects the offer of dedication, the offer shall remain open and may be accepted by the Council at a later date in compliance with the Map Act (Section 66477.2). Any termination of an offer of dedication shall be processed in compliance with the Map Act (Section 66477.2) and the street vacation procedures in the Streets and Highways Code (Sections 8300 et seq.).

F. Improvement Agreements and Security Requirements. If improvements required by this Development Code, conditions of approval, or by law have not been completed at the time of approval of the Final Map, the Council shall require the developer to enter into an agreement with the City as specified in the Map Act (Section 66462), and Article 37, Dedications and Reservations, as a condition precedent to the approval of the Final Map.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A. Transmittal to Recorder. After approval of the Final Map by the Council, and after the required signatures and seals have been affixed, the City Engineer shall transmit the Final Map to County Recorder for filing, in compliance with Section 15-3609-B, Recordation of Maps.

B. Recordation of Maps. At the time of filing of a Parcel or Final Map with the County Recorder, the subdivider shall present to the County Recorder evidence that, at the time of filing the map, the parties consenting to the filing are all parties having vested fee interest in the property being subdivided and are parties required to sign the certificate described in the Map Act (Section 66445(e)).

(Added Ord. 2015-39, § 1, eff. 1-9-16).