Gilroy Municipal Code Div. 3 Final Maps

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**State law references—**Final map, Subdivision Map Act, Gov. C., § 66410 et seq.

The procedure and practice of all survey work done on any subdivision shall conform to the accepted standards of the engineering profession. The allowable error of closure on any portion of a final map or approved record of survey map shall be one five-thousandths.

**State law references—**Civil engineering provisions as applicable to persons engaged in surveying, B.& P.C., § 6743.

(Ord. No. 81-11, § 1, 3-16-1981)

In the event that the county surveyor, county road commissioner, the state highway engineer, or the city engineer shall have established the center line of any street or alley in or adjoining a subdivision, the final map shall show such center line, together with reference to a field book or map showing such center line and the monuments which determine it.

(Ord. No. 81-11, § 1, 3-16-1981)

Each final map shall show durable monuments found or set at or near each boundary corner and at intermediate points, approximately one thousand (1,000) feet apart, or at such lesser distances as may be made necessary by topography or culture to insure accuracy in the re-establishment of any point or line without unreasonable difficulty. The precise position and the character of each such monument shall be shown on such map. Such durable monument shall be not less substantial than an iron pipe of a one and one-half (1 1/2) inch outside diameter, not less than two (2) feet in length, with plug and tack, and set at least two (2) feet into the ground or of such other character and stability as may be approved by the city engineer. The approximate elevation of the top of each such monument with respect to the surface of the ground shall be shown on said map. For state law as to monuments, see Chapter 4, Article 9, Subdivision Map Act.

(Ord. No. 81-11, § 1, 3-16-1981)

In the event any or all of the monuments required to be set are to be set subsequent to the recordation of the final map, the map shall show which monuments are to be so set. Prior to the approval of the final map by the city council, the developer shall submit a written agreement in which he agrees that the monuments so deferred will be set within a specified time.

(Ord. No. 81-11, § 1, 3-16-1981)

Editor’s note: Ord. No. 86-19, § 69, adopted October 6, 1986, repealed § 21.46 in its entirety. Former § 21.46 was concerned with the division of land on maps, and derived from Ord. No. 81-11, § 1, adopted March 16, 1981.

Upon the filing of a final map with the city engineer, it shall be accompanied by prints thereof as required by this chapter.

(Ord. No. 81-11, § 1, 3-16-1981)

Each officer or department, within fifteen (15) days after the receipt of a print of a final map, shall report in writing to the city engineer as to the compliance or noncompliance of such map with law as to the matters coming under his or its jurisdiction, together with a statement of the changes necessary thereon to cause such map to comply with the law and with the approved tentative map and all approved revisions thereof.

(Ord. No. 81-11, § 1, 3-16-1981)

The evidence of title required by the provisions of the Subdivision Map Act shall be a certificate of title or a policy of title insurance issued by a title company authorized by the laws of the state or write the same, showing the names of all persons having any record title interest in the land to be developed, together with the nature of their respective interests therein. In the event that any dedication is to be made for public use of any property shown on such final map, the said certificate of title or policy of title insurance shall be issued for the benefit and protection of the city.

(Ord. No. 81-11, § 1, 3-16-1981)

Upon the submission of a final map, the developer shall deposit with the county surveyor a sum of money equal to the amount as prescribed in Section 37372 of the Government Code for recordation of a subdivision map, which money shall be deposited in a trust fund for that purpose and, upon the filing of such map for record in the office of the county recorder, such money shall be used by the surveyor in payment of the fee for the recording of such map.

(Ord. No. 81-11, § 1, 3-16-1981)

In addition to all other fees and charges required by law, upon submitting the final map, plans or approved record of survey map under the provisions of the Subdivision Map Act, the developer shall pay fees for map checking, recording, hydrant positioning, public works and engineering services, development fees, and fees for existing infrastructure related to the development. These fees shall be set from time to time by resolution of the city council, a copy of which shall be kept on file in the office of the director of public works.

(Ord. No. 81-11, § 1, 3-16-1981; Ord. No. 86-19, 71, 10-6-1986)

In the event that the developer elects to number or letter the blocks in any subdivision, all blocks therein shall be numbered or lettered in numerical or alphabetical order, respectively, commencing with the numeral “1” or the letter “A” and continuing without omission or duplication. Such numbers or letters shall be solid and of sufficient size and thickness as to be conspicuous on the map, and shall be so placed as not to obliterate any figure or other design. Except where necessitated by a scale sufficiently large to show all details clearly, no block shall be divided between two (2) or more sheets.

(Ord. No. 81-11, § 1, 3-16-1981)

In the event that the blocks of any subdivision are numbered or lettered, the lots in each block therein shall be numbered or lettered, the lots in each block therein shall be numbered beginning with the numeral “1” and continuing without omission or duplication in any such block; otherwise the lots shall be numbered beginning with the numeral “1” and continuing without omission or duplication throughout the entire tract. No prefix or suffix nor combination of letter and number shall be used. Each lot shall be shown entirely on one sheet.

(Ord. No. 81-11, § 1, 3-16-1981)

The boundary line of a subdivision shall be indicated by a distinctive border. Such border shall be of such density as to be transferred to a blue line print of such map and not to obliterate any line, figure or other data appearing on such map.

(Ord. No. 81-11, § 1, 3-16-1981)

The title sheet of each final map shall contain a title consisting of the number, name or designation of the subdivision, also the words “in the City of Gilroy” also except as provided in section 21.60 hereof, a subtitle consisting of a description of all the property being developed, by reference to such map or maps of the property shown thereon, as shall have been previously recorded.

(Ord. No. 81-11, § 1, 3-16-1981)

A certificate by the engineer or surveyor responsible for the survey and final map is required. His certificate shall give the date of the survey, state that the survey and final map were 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 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.

(Ord. No. 81-11, § 1, 3-16-1981)

Certificates, affidavits and acknowledgments shall be legibly printed upon the title sheet of the final map with opaque ink.

(Ord. No. 81-11, § 1, 3-16-1981)

Upon the title sheet of each map filed for the purpose or reverting subdivided land to acreage, the subtitle shall consist of the words “A Reversion to Acreage of ________” (insert a legal description of the land being reverted).

**State law references—**Reversions and exclusions to/of acreage, Ch. 6, Subdivision Map Act.

(Ord. No. 81-11, § 1, 3-16-1981)

On each final map shall be fully and clearly shown and identified such stakes, monuments or other evidence determining boundaries of the subdivision or land development as were found on the ground, together with sufficient corners of adjoining subdivisions or land developments by lot and block number, tract name and place of record, or by section, township and range, or other proper designation as may be necessary to locate precisely the limits of the subdivision or land development.

(Ord. No. 81-11, § 1, 3-16-1981)

The map on each sheet and the lettering thereon shall be so oriented that, with the north point directed away from the reader, the map may be read most conveniently from the bottom or lower right corner of such sheet, the binding edge to be at the left and lengthwise of the sheet, keeping in mind that the sheets are always on the right page of the map book, the left page being always blank.

(Ord. No. 81-11, § 1, 3-16-1981)

Each sheet of a final map, except the title sheet or sheets thereof, shall bear the main title of the map, the scale of the map, north point, and sheet number, together with a designation of the relation, if any, between each sheet and each other sheet thereof.

(Ord. No. 81-11, § 1, 3-16-1981)

The bearing and length of each lot line, block line and boundary 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.

(Ord. No. 81-11, § 1, 3-16-1981)

Upon each lot containing an area of three-fourths of an acre or more shall be designated the acreage of such lot shown not less accurately than to the nearest one-hundredth of an acre.

(Ord. No. 81-11, § 1, 3-16-1981)

The length, radius and total central angle or bearing or terminal radii on each curve and the bearing of each radial line to each corner on each curve, or the central angle of each segment within each lot, shall be shown thereon.

(Ord. No. 81-11, § 1, 3-16-1981)

There shall be shown upon each final map or approved record of survey map the center line of each highway, street or way, the total width thereof, the width of that portion, if any, to be dedicated, and in the case of any existing highways, streets or ways, the width thereof, and the width of each highway, street or way on each side of the center line thereof. On each such center line shall be shown the bearing and length of each tangent, and radius, central angle, semitangent, chord and length of each curve.

The final map shall show the width of each railroad right-of-way, flood control or drainage easement and other easement appearing on such map, whether previously of record or offered for dedication on such map.

(Ord. No. 81-11, § 1, 3-16-1981)

Upon a final map shall be shown the center line or sidelines of each easement to which the lots in the subdivision or development are subject. In the event that such easement is not definitely located of record, a statement showing the existence of such easement shall be placed on the map. Easements reserved by the owner for public utilities or for other purposes shall be shown on the map and so designated thereon.

(Ord. No. 81-11, § 1, 3-16-1981)

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.

(Ord. No. 81-11, § 1, 3-16-1981)

The location of any watercourse, channel, stream or creek shall be shown on the final map.

(Ord. No. 81-11, § 1, 3-16-1981)

In consideration for the acceptance by the city of responsibility for maintenance and operation for the useful life of the drainage facilities, on site and off site, the subdividers and property developers shall enter into an agreement covering the cost, type, quality and character of installing same in accordance with the stipulations set forth in the applicable resolution as the same now exists or may hereinafter be amended.

(Ord. No. 81-11, § 1, 3-16-1981)

In consideration for the acceptance by the city of responsibility for maintenance and operation for the useful life of the sanitary sewers and water utilities, necessary connecting system, general plan and appurtenances, the subdivider and property developers shall enter into an agreement covering the cost, type, quality and character of installing same in accordance with the stipulations set forth in the applicable resolution as the same now exists or may hereinafter be amended.

(Ord. No. 81-11, § 1, 3-16-1981)

Except as set out in this chapter, all parcels of land intended for public use in a subdivision or development shown on the final map thereof, shall be offered for dedication for public use. Provided, however, that with the approval of the city council, a street, highway or way which is intended to be kept physically closed to the public travel or posted as a private street at all times may be shown as a private street, but in any such case, the final map shall contain a conditional offer of dedication which may be accepted by the city council at such time as the street shall have been opened to public travel for a period of three (3) months or more. Any such private street shall be shown on such map by heavy dashed lines. Sufficient data shall be shown on each private street to define its boundaries, as is required for a public street, and also sufficient mathematical data to show clearly the portion of each lot within such street. The design and improvement of any such private street shall be subject to all of the requirements prescribed by this chapter for public streets, unless otherwise approved by the planning commission.

(Ord. No. 81-11, § 1, 3-16-1981)

Any final map of a subdivision or development presented to the city for acceptance of easements and recordation shall be accompanied by an additional copy on which is delineated all structures existing within the easements, except publicly owned storm drains, water lines, sewers, and other sanitary facilities, whether such structures are on recorded easements or not.

(Ord. No. 81-11, § 1, 3-16-1981)

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 other interest whatever in any part of the lands included within the development, 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 chapter, with the Subdivision Map Act, and with every other applicable statute and ordinance, and the city council finds that the developer 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 developer, then by a majority vote of all its members the city council may accept such map.

(Ord. No. 81-11, § 1, 3-16-1981)

The developer shall grade and improve or agree to grade and improve all land dedicated or to be dedicated on a final map for streets, highways, public ways, and easements, and all private streets and private easements laid out on a final map in such a manner and with such improvements as are necessary for the general use of the lot owners in the development and local neighborhood traffic and drainage needs as required by city standards.

(Ord. No. 81-11, § 1, 3-16-1981)

Plans, profiles, and specifications for improvements set out in the previous section shall be furnished to the city engineer not later than the time of submitting the final map to the county surveyor for checking and such plans, profiles, and specifications shall be subject to the approval of the city engineer before any such final map shall be approved.

(Ord. No. 81-11, § 1, 3-16-1981)

If any improvements be not completed to the satisfaction of the city council before the final map is recorded or filed, the developer shall, prior to the approval by the city council of the final map, enter as contractor into an agreement with the city whereby, in consideration of the acceptance by the city of the dedications offered on the final map and the approval of the final map, the developer, as such contractor, agrees to furnish all necessary equipment and material and to complete such work within the time specified in such agreement.

(Ord. No. 81-11, § 1, 3-16-1981)

The agreement shall be accompanied by a faithful performance bond guaranteeing the faithful performance of all work, the inspection of which is the duty of the city engineer, in a penal sum which, in the opinion of the city council, equals the cost thereof.

**State law references—**Authority of city to require bond, B.& P.C., § 11612; deposit in lieu of bond, B.& P.C., § 11613.

(Ord. No. 81-11, § 1, 3-16-1981)

The agreement referred to in section 21.46 shall be accompanied by a cash deposit in an amount estimated by the city engineer to be sufficient to pay the cost of setting the monuments. If such monuments are not set within the specified time, the city engineer shall so notify the developer and the engineer or surveyor signing the map. If, within thirty (30) days from the date of such notice, the monuments are not set, the city engineer shall order the engineer or surveyor signing the map to set the monuments, and upon satisfactory completion thereof, shall pay or cause to be paid to said engineer or surveyor the amount of the above-mentioned deposit. If the engineer or surveyor signing the map is deceased or is found to be unable to perform such work, the monuments shall be set by the city engineer and the deposit shall be retained by the city.

(Ord. No. 81-11, § 1, 3-16-1981)

In lieu of any faithful performance bond required by this article, the developer may deposit with the city council a sum of money or negotiable bonds equal to the required amount of such bond as security for the faithful performance thereof, or deliver any other form of security permitted under the Subdivision Map Act for such an undertaking; provided, that such alternative form of security is approved in advance by the city engineer.

(Ord. No. 2014-10, § 1, 8-4-2014)

When any portion of an improvement has been actually fully completed, the officer whose duty it is to inspect such improvement may report such fact to the city council who may authorize from time to time a reduction in the bonds or a partial withdrawal of funds, which bonds or funds were deposited in lieu of a faithful performance bond required by this article, equal to the estimated cost of such completed portion.

(Ord. No. 81-11, § 1, 3-16-1981)

The following certificates and acknowledgments must appear on the title sheet of the final map:

(a) Owner’s certificate, including the offer of dedication, if any;

(b) Engineer’s or surveyor’s certificate;

(c) City engineer’s certificate of approval, including statement that final map conforms substantially to the approved tentative map and to any approved alterations thereof;

(d) Certificate of approval of planning commission;

(e) City clerk’s certificate of approval by the city council and acceptance of the offer of dedication;

(f) Such other affidavits, certificates, acknowledgments, endorsements, and notarial seals as are required by law and by the provisions of this chapter.

**State law references—**Certificates and acknowledgments on final maps, Ch. 2, Subdivision Map Act.

(Ord. No. 81-11, § 1, 3-16-1981)

Prior to the filing of the final map with the city council, the developer shall file with the clerk of the board of supervisors of the county, in which any part of the development is located, showing that according to the records of his office, there are no liens against the development 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.

**Cross references—**Taxation generally, Ch. 22.

(Ord. No. 81-11, § 1, 3-16-1981)

As to taxes or special assessments collected as taxes not yet payable, the developer 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.

(Ord. No. 81-11, § 1, 3-16-1981)

Whenever any part of the development 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 developer executes and files with the board of supervisors of the county wherein any part of the development 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 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. 81-11, § 1, 3-16-1981)

If the land being developed is a portion of a larger parcel shown on the last preceding tax roll as a unit, the bond or deposit for payment of taxes need be only for such sum as may be determined by the board of supervisors to be sufficient to pay the taxes on the land being developed, together with all accrued penalties and costs if such taxes are allowed to become delinquent.

(Ord. No. 81-11, § 1, 3-16-1981)

Center line monuments shall be set to mark the intersections of streets, intersections of streets with the tract boundary, or to mark either the beginning and end of curves or the points of intersection of tangents thereof, or other intermediate points. Each such monument shall be not less durable and substantial than that required by the city. In unsurfaced, graveled or oiled surfaces, a two-inch iron pipe shall be set not less than twelve (12) inches below the surface.

(Ord. No. 81-11, § 1, 3-16-1981)

For each center line intersection monument set, the engineer or surveyor under whose supervision the survey has been made shall furnish to the city engineer a set of notes showing clearly the ties between such monument and four (4) durable distinctive reference points or monuments. Such reference points or monuments may be leads and tacks in curbs or sidewalks, or two-inch by two-inch stakes set back of the curbline and below the surface of the ground, or such substitute therefor as appears to be not more likely to be disturbed. Such set of notes shall be of such quality, form and completeness and shall be on paper of such quality and size as may be necessary to conform to the standardized office records of the city engineer. All such notes shall be indexed and filed by the city engineer as a part of the permanent public records of his office.

(Ord. No. 81-11, § 1, 3-16-1981)

All monuments set as required in this chapter shall be permanently and visibly marked or tagged with the registration or license number of the engineer or surveyor under whose supervision the survey was made.

(Ord. No. 81-11, § 1, 3-16-1981)

All monuments shall be subject to inspection and approval by the city engineer.

(Ord. No. 81-11, § 1, 3-16-1981)

If land being subdivided is sold for taxes, it may be redeemed from such sale without the redemption of the remainder of the larger parcel of which it is a part pursuant to the provisions of the revenue and taxation code as if it were held in ownership separate from and other than the ownership of the remainder.

(Ord. No. 81-11, § 1, 3-16-1981)