Hollister Municipal Code Ch. 16.40 Final Maps

A. Within 24 months after the date of approval or conditional approval of a tentative map, the subdivider may cause the subdivision or any portion thereof to be surveyed, a final map, improvement plans, an executed subdivision agreement and other items as required by the city council, to be prepared in accordance with the tentative map as approved and any conditions placed thereon.

B. If a final map or maps have not been recorded within 24 months of approval of a tentative map by the planning commission, a subdivider or the subdivider's successor in interest may apply for an extension not to exceed two additional years, prior to expiration of the original approval. Application for extension shall be filed at least 30 days before the expiration and shall state reasons for requesting an extension. Request for extension may be approved, approved conditionally or denied by the planning commission. In granting an extension new conditions may be imposed and existing conditions may be revised. In the event of a denial or imposition of additional conditions, the subdivider may appeal to the city council in accordance with the provisions of this title relating to appeal.

C. Any failure to record a final map within the period of approval or conditional approval by the planning commission or within any extension of such period granted by them shall terminate all proceedings. Before a final map may thereafter be recorded, a new tentative map must be approved as an original proceeding.

D. A request for extension of a tentative map shall be accompanied by a nonrefundable fee fixed, from time to time, by resolution of the city council.

(Prior code § 18-54; Ord. 1178, §§ 6, 7, 2019)

A. The final map shall be prepared at a scale large enough to show details clearly. A scale smaller than 100 feet to the inch may be used for developments of lots having an area of five acres or more. Where more than three sheets are necessary, excluding a certificate page, an index map showing the entire subdivision and location of individual sheets shall be prepared.

B. Each sheet shall be numbered and the number of pages that comprise the full map shall be set forth on the title page.

C. The original shall be drawn or printed in black India ink upon mylar of good quality. Sheets shall have a one-inch margin on all sides. Sheets shall be 18 inches by 26 inches in size.

D. The title of the subdivision being mapped shall consist of a tract number and name, conspicuously placed in the lower righthand corner of each sheet followed by the words, "consisting of _____ sheets," giving number, and with the words, "City of Hollister, County of San Benito."

E. The map and title sheet shall contain a subtitle giving a general description of the property being subdivided by reference to maps that have been previously filed on record, rancho in which the property lies or by reference to U.S. Survey. References to tracts and prior subdivisions shall be spelled out and worded identically with the original records, with proper reference to book and page of record

F. Certificates shall be in the form required by the Subdivision Map Act and standards of the city.

(Prior code § 18-55; Ord. 1178, § 8, 2019)

A. North arrow, basis of bearings and any deviation therefrom, date and scale shall appear on each sheet.

B. The exterior boundary of the land included in the subdivision shall be indicated by a colored border one-eighth inch wide and shall be fully dimensioned. Ties to monuments or boundaries of adjacent subdivisions and recorded maps shall be shown, as shall all original monuments upon which the survey of the boundary was based. If a new marker or monument has replaced an original, the nature and locus of the original monument shall be shown. Record data, if different from that shown on map, shall be shown and source of record .

C. The center line and right-of-way boundaries of all proposed streets shall be shown and clearly dimensioned. Center lines of existing bordering or intersecting streets shall be shown and there shall be mathematical continuity between old and new center lines or survey ties between them clearly shown. Names of proposed and existing streets shall be shown.

D. All easements shall be shown and dimensioned, with their use indicated, and by demarcation or narrative in dedication certificate the persons or agencies to which they are dedicated shall be clearly indicated.

E. Lot lines shall be shown and dimensioned. Lot and block numbers shall be shown, and lots shall be numbered consecutively. Each lot shall be shown entirely on one sheet.

F. Setback lines, where differing from standard setbacks under the zoning for the subdivision, shall be shown and dimensioned on affected lots. Standard setbacks shall be listed by notation on map.

G. All dimensions shall be expressed in feet and hundredths of such. The hundredths shall not be dropped for dimensions of even feet or tenths on boundaries, lot lines or center line distances. Right-of-way widths and easement widths may be shown in feet without decimals, where appropriate. Arc length of curves, radius and interior angle shall be shown. Bearings to radii at ends of curves will be shown where added clarity is desirable. No ditto marks shall be used when more than one lot has the same depth or width. Lots of over one acre in area shall show acreage to nearest one-hundredth.

H. Monuments shall be of the type and size prescribed by standards. If the majority of lot corners, boundary corners and curve points are marked by monuments of a common nature, it shall be noted on each page. Special or unusual monuments will be denoted by special convention, shown in a legend, or by individual notation. The locus, dimensions to or ties to all monuments shall be marked and dimensioned.

I. Scenic easements and open space areas, if not shown as separate parcels, shall be dimensioned. Separate parcels of this nature, park parcels or others of a public or semi-public nature shall normally be given a letter designation to differentiate them from lots.

J. Nonaccess strips shall be clearly indicated and dimensioned.

K. Deed references to all adjoining properties shall be shown on the map as well as the location of any adjoining or closely adjacent subdivisions or records of survey, including recording data thereon; city and district boundaries; section and rancho lines; and relationship to bordering or adjacent public roads.

(Prior code § 18-56; Ord. 1178, § 9, 2019)

A. The subdivider shall furnish the city engineer with adequate traverse sheets prepared by a registered engineer or licensed surveyor showing mathematical closures around subdivision boundaries, blocks and irregular lots and along each street center line unless rectangular.

B. A soils report by a registered engineer shall be provided and shall recommend corrective action needed, if any. Those lots needing such corrective soils treatment shall be designated on the final map by a symbol or descriptive note. There shall also be a final geological report, if required by the city engineer, and areas or lots needing special treatment or subject to restrictions shall be designated on the final map.

C. A map filing report shall be submitted with the map.

D. Protective covenants and restrictions shall be submitted, ready for recording.

(Prior code § 18-57)

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 recorded title interest in the land subdivided, consenting to the preparation and recording of the final map. In the event of a dedication there shall be a certificate signed and acknowledged by all parties having a record title interest offering certain parcels of land for dedication for specific public purposes, subject to such restrictions as may be contained in the offer of dedication. An offer of dedication for street or access easement purposes may include a waiver of direct access rights to such street or easement from any property shown on such map as abutting thereon. Any parcels of land shown on the map and intended for public use shall be offered for such public use, except those parcels intended for the exclusive use of lot owners in the subdivision, their licensees, visitors, tenants and employees, in which case there shall be shown the nature of common ownership of rights. Signatures of parties holding 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 interests that cannot ripen into fee. See Section 66436 of the Government Code for further detail on such exempted easements and procedure to follow,

2. Rights-of-way, easements or reversions that, by reason of changed conditions, long disuse or latches appear to be no longer of practical use or value and for which signatures are impossible or impractical to obtain. In this case, a statement of the circumstances preventing procurement shall be set forth on the map,

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

4. Interests in or rights to minerals, including but not limited to oil, gas or other hydrocarbon substances, if the ownership of such interests or rights does not include a right of entry on the surface thereof in connection with the ownership of such interests or rights, which 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 the final map. The engineer's or surveyor's certificate shall give the date of the survey and shall state that the survey was made by him or her or under his or her direction and that the survey is true and complete as shown. The certificates shall also state that all of the monuments are of the character shown and occupy the positions indicated, or that they will be set in such positions on or before a specified later date. The certificate shall 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 a bond or cash deposit in an amount equal to the estimated cost of setting such monuments not already set prior to the recording of the map;

C. In the event that death, disability, retirement or other reasons shall prevent the civil engineer or land surveyor charged with the responsibility for setting monuments from completing such work, the city council may direct the city engineer, or such engineer or surveyor as it may select, to set such monuments. If such substitution occurs before the map is recorded, a suitable certificate shall be placed on the map by the city engineer or such substitute engineer or surveyor, stating the circumstances and which portion of the survey was monumented by each surveyor. Should the substitution occur after recordation, an exact copy of the recorded map shall be delivered to the county recorder, with certification thereon as above. The recorder thereupon shall record such map and shall endorse the recording reference thereof on the map originally recorded, which shall constitute constructive notice thereof for all purposes as though all of such information and certification were shown on the map originally recorded. All of the provisions above relating to payment from bond or cash deposit shall apply for services performed by the substitute engineer or surveyor;

D. Certificate for the execution by the city engineer, secretary of the planning commission, city clerk and county recorder.

(Prior code § 18-58)

A. The subdivider shall submit with the final map three bound copies and a digital PDF copy of such final map to the city engineer. The map shall be accompanied by:

1. Nonrefundable map checking and filing fees as fixed, from time to time, by resolution of the city council;

2. Three copies of the improvement agreement, properly executed and notarized;

3. Bond or other improvement security, as required by the planning commission;

4. Subdivision guarantee;

5. Reference maps and documents, private covenants and deed restrictions;

6. Current title report;

7. Traverse calculations;

8. Copy of approved tentative map.

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, flood control or any other district containing the subdivision.

C. The city engineer shall examine the map and accompanying instruments, papers, and materials and if the city engineer finds that the map is substantially the same as the tentative map as approved or as modified by approved alterations, that it complies with the 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, the city engineer shall affix his or her certificate of approval to the map, stating that he or she 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 applicable at the time of approval and that it is technically correct. If the secretary finds that the final map meets these requirements, he or she shall affix his or her certificate of approval of the map.

(Prior code § 18-59; Ord. 1178, § 10, 2019)

A. Prior to the filing of the final map with the clerk of the board of supervisors, the subdivider shall file with the clerk a certificate from the officer of the county, computing redemptions showing that, according to the records of his or her 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.

B. As to taxes or special assessments collected as taxes not yet payable, the subdivider shall file with the clerk of the board of supervisors a certificate by the county assessor, giving his or her estimate of the amount of taxes and assessments that are a lien but are not yet payable.

C. Whenever any part of the subdivision is subject to a lien for taxes or special assessments collected as taxes that are not yet payable, the final map shall not be recorded until the subdivider executes and files with the clerk of the board of supervisors a bond to be approved by the board and by its terms made to inure to the benefit of the county and conditioned upon payment of all state, county, municipal and local taxes and the current installment of principal and interest of 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.

(Prior code § 18-60)

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

B. 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 recordation as shown by public records, the parties consenting to the recording of the map are all 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 until corrected.

(Prior code § 18-61)

A. The subdivider shall agree to grade and improve all land dedicated or to be dedicated on a final map or parcel map for streets, highways, public ways and easements and all private easements laid out on a final map or a parcel map to city standards.

B. Plans, profiles and specifications for such improvements shall be furnished to the city engineer not later than the time of submitting the final map, and such plans, profiles and specifications shall be subject to the approval of the city engineer before any such final map shall be approved.

C. The subdivider shall, prior to the approval of a final map or a parcel map, enter into an agreement with the city whereby, in consideration of the acceptance by the city of the dedications offered on the final or parcel map and the approval of the final or parcel map, the subdivider, as contractor, agrees to furnish all necessary equipment and material and to complete such work within the time specified in such agreement. The subdivider shall post a bond in an amount determined by the city engineer in the form approved by the city attorney, which bond shall be sufficient to guarantee the completion of all improvements in the subdivision in case of the failure of the subdivider to complete the same.

D. The agreement referred to in subsection C of this section 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 sum which in the opinion of the city engineer equals the cost thereof.

E. In lieu of any faithful performance bond required by this chapter, the subdivider may deposit with the governing body a sum of money equal to the required amount of such bond as security for the faithful performance thereof.

(Prior code § 18-62)

If, subsequent to the recording of a final map, the engineer or surveyor who has executed such map and is making or had made the field survey shall discover an error in course or distance, legal description of realty or error or omission relating to monuments, an amending map or certificate of correction shall be prepared, examined and filed with the county recorder in accordance with Government Code Sections 66469—66472.

(Prior code § 18-63)