Imperial County Municipal Code Ch. 6 Major Subdivision - Requirements

Footnotes:

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Editor's note— Sec. 5 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 6, which pertained to the same subject matter, consisted of §§ 90806.00—90806.32, and derived from the prior code. Section 6 of said ordinance enacted provisions to read as herein set out.

The purpose of this Chapter is to establish procedure for the processing of applications for Major Subdivisions and approval of tract maps, generally described as follows:

A land division creating more than five parcels, five or more condominiums as defined in Section 783 of the Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

A written application (form provided by the Planning and Development Services Department) for a major subdivision as defined in Chapter 1 of this Division shall be made to the Planning and Development Services Department by California Licensed Surveyor or California Civil Engineer (Licensed to practice in the category of work to be performed). The application shall be accompanied by the tentative tract map, fees, environmental documentation, preliminary title report and support documentation as required in this title.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

A. The subdivider shall offer to dedicate right-of-way for streets within the subdivision in accordance with Imperial County Standards.

B. No final subdivision map shall be approved unless the street or streets providing primary access to the subdivision are dedicated to and maintained by a city, county, or state and said street or streets meet County standards and right-of-way width.

C. Streets which are proposed on the boundaries of a subdivision shall have a dedicated width of not less than forty (40) feet together with a strip of land one foot wide on its out edge which shall be offered to the County for street purposes and over which access rights are relinquished.

D. All streets proposed to be terminated at the subdivision boundary shall include a strip of land one foot wide across said street at its point of termination which shall be portions of the adjacent lots, offered for street purposes and over which access rights are relinquished.

E. Where it is necessary to extend a street beyond the boundaries of a subdivision to provide adequate circulation for residents of the subdivision, the subdivider shall cause the required easements to be dedicated to the County and shall improve said easements in accordance with the County standards.

F. Where a drainage facility or flood control facility is necessary for the use of lot owners or for the protection of lots, adequate rights-of-way for such drainage facilities or flood control facilities shall be offered for dedication to the County or to such other public entities as the Board of Supervisors designates and shall be shown on the map.

G. Where it is necessary to extend a drainage facility or flood control facility beyond the boundaries of the subdivision for adequate drainage or flood control needs, the required rights-of-way shall be offered for dedication.

H. Drainage facilities and flood control facilities within and without the subdivision shall be provided so as to carry storm run-off both tributary to and originating within the subdivision.

I. The subdivider may be required to offer to dedicate land for park purposes, pay fees in lieu thereof, or do a combination of both.

J. The subdivider shall offer to dedicate, in accordance with the County standards, the necessary rights-of-way for bicycle routes under the following circumstances:

1. When such routes are shown on the Circulation Element of the Imperial County General Plan pass through or about the subdivision; and

2. When a subdivider is required to dedicate rights-of-way for streets in subdivisions containing two hundred (200) or more lots and such route is necessary and feasible for the use and safety of the residents.

(Ord. No. 1565, §§ 5, 6, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

Every application submitted shall be deemed "received" on the date of submittal and shall be date stamped and dated by the department staff. The department shall within a maximum of thirty (30) days from receipt determine whether an application is complete or incomplete, and if further environmental documentation is required. Any application deemed complete shall be reviewed, processed by staff, and scheduled for the next hearing body as applicable under this Division.

Any application deemed incomplete shall be returned to the applicant with a written letter of transmittal, explaining the reasons for the rejection.

A re-submittal of a rejected application shall be deemed the equivalent of a new application and all procedures and time frames shall be as a new application.

Under no conditions shall the department accept an incomplete application and commence processing it, unless and until all necessary information and supporting documentation is provided.

Failure of an applicant to submit the correct fees shall constitute an immediate rejection without further review.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

The planning director and/or his/her staff shall review every application and determine whether the major subdivision is consistent with the adopted General Plan.

If the major subdivision is not consistent with the General Plan, the application shall be rejected with reasons and any alternatives stated. In processing any application, staff shall prepare a full staff report including a recommendation based on planning principles, regulations in effect, and all legal requirements, before the planning commission may consider the project.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Within ten (10) days of acceptance the application for processing, the Planning and Development Services Department shall forward at least one copy to the following agencies where applicable:

A. California Department of Transportation;

B. Any municipality entitled thereto;

C. The Flood Control District or person designated who will perform flood control and drainage studies;

D. Any city, community services district, school or other authorized district requesting a copy;

E. Any utility surveyor serving the area with its facilities;

F. Any others as may be appropriate.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

The department shall schedule the major subdivision for a planning commission hearing by allowing adequate review time for staff and responsible departments/agencies, within the time limits established by law. Under no circumstances shall a project be heard by the planning commission without all required noticing having been provided.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

The Department shall strictly adhere to the following noticing requirements:

A. A one time publication in a newspaper of greatest circulation (within County) at a minimum of ten (10) days prior to the hearing date, and

a. Direct mail notice to applicant, all parties of record interest, all parties having filed a written request to receive notices, all contiguous property owners; and, one of the following: In the R-1, R-2, R-3, R-4 Zones, all adjacent property owners whose property is within five hundred (500) feet of the exterior boundary of the subject parcel,

b. In the agriculture, agriculture/industrial and open space zones, all adjacent property owners whose property is within one-half mile of the exterior boundary of the subject parcel,

c. In all zones, except as specified in "a" and "b" above, all adjacent property owners whose property is within one thousand (1,000) feet of the exterior boundary of subject parcel.

MAJOR SUBDIVISIONS TO BE HEARD BY THE ENVIRONMENTAL EVALUATION COMMITTEE (EEC)

1. A one time publication in a newspaper of greatest circulation (within County) at a minimum of five days prior to hearing date, and

2. Direct mail notice to applicant and any party having requested a notice in writing.

(Ord. No. 1565, §§ 5, 6, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

The planning commission shall conduct a public hearing and recommend approval or denial of the major subdivision based on the merits of the subdivision.

The planning commission or Board of Supervisors shall deny if the subdivision does not meet all requirements of this ordinance, or if any of the following findings are made:

A. That the proposed land division is not consistent with applicable general and specific plans.

B. That the design or improvement of the proposed land division is not consistent with applicable general and specific plans.

C. That the site of the proposed land division is not physically suitable for the type of development.

D. That the site of the proposed land division is not physically suitable for the proposed density of the development.

E. That the design of the proposed land division or proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

F. That the design of the proposed land division or the type of improvements are likely to cause serious public health problems.

G. That the design of the proposed land division or the type of improvements will conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division.

A subdivision may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by order of a court of competent jurisdiction.

Notwithstanding subsection E. above, a tentative map may be approved if an environmental impact report was prepared with respect to the project and a finding was made, pursuant to the California Environmental Quality Act, that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

The planning commission as a recommending body is authorized to carry out the following actions with reference to processing of major subdivisions:

A. After the completion of a public hearing on the proposed subdivision, recommend to the Board of Supervisors, approval, conditional approval, or disapproval in whole or in part of tentative maps filed pursuant to this Division and/or the Subdivision Map Act. The planning commission shall take such action within fifty (50) days (or any longer period hereinafter prescribed by State law) after the filing of the tentative map with the Planning and Development Services Department. This time limit may be longer if necessary to comply with other laws including, but not limited to CEQA.

B. The Planning and Development Services Department shall forward the planning commission the recommendation to the Board of Supervisors. The Clerk of the Board of Supervisors shall then schedule a hearing. The Board of Supervisors shall conduct a public hearing.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

The Board of Supervisors shall have the following options:

A. Deny the major subdivision should it make any of the findings under Section 90806.08.

B. Deny the major subdivision if it determines that the proposed subdivision is not compatible with surrounding zoning, or is detrimental to the surrounding property (or the County in general), or represents incompatible land uses, or may cause substantial adverse environmental consequences.

C. Approve the major subdivision as recommended by the planning commission along with findings of approval and conditions.

D. Continue the public hearing on the matter to a date/time certain for the purpose of having additional information made available to the Board of Supervisors.

Any decision made by the Board of Supervisors shall be final with no further appeal to an administrative body, except as provided by law.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

All final maps for major subdivisions shall conform to the requirements of the Subdivision Map Act and this Division and County Standards. After the approval or conditional approval of the tentative map and prior to the expiration of such map, the subdivider may cause the real property included within the map, or any part thereof, to be surveyed and a final map thereof prepared in accordance with the approved tentative map.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

No final map shall be filed with the County Recorder until approved by the Board of Supervisors.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

As a condition precedent to the approval by the Board of Supervisors of any final map, all parcels of land shown thereon and intended for any public use shall be offered for dedication for public use except those parcels, other than streets, intended for the exclusive use of the lot owners in the subdivision, their licensees, visitors, tenants and servants.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

In the event that a grant of an open space easement is to be made over any portion of the subdivision, the final map shall contain a certificate signed and acknowledged by those parties having any record title interest in the subdivided land granting such open space easement and stating the conditions of the grant.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

As a condition of approval of a final map, a subdivider who develops or completes the development of one or more subdivisions within a school district shall dedicate to the school district such land as the Board of Supervisors deems to be necessary to insure the residents of the subdivision adequate elementary or secondary school services.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

The requirement of dedication shall be made pursuant to County standards and shall be imposed at the time of the approval of the tentative map. If within thirty (30) days after the requirement of dedication is imposed by the County, the school district does not offer to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to sixty (60) days after the filing of the final map on any portion of the subdivision.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

The school district, if it accepts the dedication shall repay to the subdivider of the dedicated land, plus the sum equal to the total of the following amounts:

A. The cost of any improvement 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 load covering such land.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

The provisions of Sections 90806.15, 90806.16, 90806.17 shall not be applicable to a subdivider who has owned the land being subdivided for more than ten (10) years prior to the filing of the tentative maps.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Unless otherwise provided in this Division a final subdivision map shall be prepared and filed pursuant to an approved tentative map for every major subdivision for which a tentative map is required by this Division.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

In addition to certificates and other material required by the Subdivision Map Act and this Division, prior to acceptance and approval of every final subdivision map, every such map shall bear the following certificates or endorsements:

A. A certificate by the County Treasurer and the Tax Collector to the effect that there are no taxes due but not yet payable and there are not unpaid special assessments or bonds which may be paid in full shown by the records in their offices against the subdivision or any part thereof. Said certificate may be submitted with the final map.

B. A certificate by the Clerk of the Board of Supervisors that the provisions of Division 2, Title 7 of the Government Code have been complied with regarding deposits for taxes on the property within the subdivision as well as a certificate stating that the Board approves the map. Said certificates may be submitted with the final map.

C. Certificate of County Recorder as to the filing of the map.

D. Certificate of the planning director indicating said final map conforms with the tentative map previously approved for the subdivision.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

A. Surveys made in preparation of final maps shall be in accordance with standard practices and principals of surveying and all applicable provisions of the Subdivisions Map Act.

B. The entire boundary of a subdivision must appear on the first map sheet of a final map showing:

1. A boundary survey of the land division, including all courses and distances necessary to compute a closure,

2. Sufficient data to prove the method by which the boundary was determined, including a description of all corners found or set, adjoining maps or property lines or record,

3. Phased units in relation to the boundary.

C. The County Surveyor may waive the boundary map if sufficient survey information is of record.

D. Whenever the Country Surveyor has established the centerline of a street, that data shall be considered in making the surveys and in preparing the final map, and all monuments found shall be indicated and proper reference made to field books or maps of public record, relating to the monuments. If the points were reset by ties, that fact shall be stated. The final map shall show City and County boundaries adjoining the division of land.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

A. When the subdivider files this final map for preliminary checking in the office of the County Surveyor, five positive prints shall be distributed as follows:

1. Two to the County Surveyor;

2. One to the planning director;

3. One to the Health Officer;

4. One to the Office of Emergency Services.

B. The final map shall be accompanied by the map checking fee as set forth in this Title.

C. Required improvement plans shall be submitted to the Public Works Department and accompanied with the plan checking fee as set forth in Chapter 2 of Division 8.

D. Prior to the recordation of the final map, the following items shall be provided and approved:

1. A copy of the approved conditions, along with a written report and support information as to compliance with each condition.

2. Evidence of title in the form of a current preliminary title report issued by a California title company, showing the names of persons having any record title interest in the land to be divided, 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 a final map, a subdivision guarantee shall be issued by a California title company. The consent of the owner or owners of any contingent reversionary interest in the lands to be subdivided is not necessary and need not be named in the guarantee of this title.

3. All requests for waivers of signatures as provided in the Subdivision Map Act.

4. Letters from utility purveyors that will serve the land division certifying that satisfactory provisions have been made with each of the said public utility purveyors as to location of their facilities.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

A. Final maps shall conform to all of the following provisions:

1. Each map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or good quality polyester base film, including certificates, except that such certificates may be legibly stamped or printed upon the map with opaque material when recommended by the County Surveyor and authorized by the County Recorder. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. The size of each sheet shall be eighteen (18) inches × twenty-six (26) inches". A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch.

2. Each sheet shall bear the number as assigned by the Planning and Development Services Department which shall be followed by a subtitle consisting of a general description of all the property being divided by reference to record maps, and to section surveys or ranchos. Reference shall be spelled out and worded identically with original records, with complete reference to proper book and page of record and shall be shown on every sheet of a multi-sheet map.

3. All sheets shall be numbered, the relation on one sheet to another clearly shown, and the number of sheets used shall be set forth on each sheet. An adequate number of sheets shall be submitted to clearly present all pertinent data.

4. When required by the County Surveyor, a location map shall be placed on the parcel map which indicates the location of the proposed land division and its relationship to existing streets and highways.

5. The certificates and acknowledgements, required by the Subdivision Map Act and this Ordinance, shall appear on the first sheet only. Statements shall include the following:

a. Owner's statement.

b. Trustee's statement.

c. Recorder's statement.

d

Surveyor's/Engineer's statement.

e. County Surveyor's statement.

f. County planning director's statement.

g. Clerk of the Board of Supervisor's statement.

h. Board of Supervisor's statement.

i. Tax Collector's statement.

6. The surveyor's or engineer's certificate shall state that the survey was made by him or her or under his/her direction, that the survey is true and complete as shown, that all monuments are of the character and occupy the positions indicated and are sufficient to enable the survey to be retracted, that the map conforms to the approved tentative map and conditions of approval thereof, and that all provisions of the applicable state and local ordinances have been complied with.

7. The number, scale, north point and sheet number shall be shown on each sheet of the map. The map shall be drawn at a suitable engineer's scale to identify and describe all essential details clearly. If more than two map sheets are used, an index showing the division of land, with lots numbered as shown on the map, shall be shown. A complete boundary survey shall be shown on one sheet of every phase of unitized subdivision. Said boundary shall also reflect the original boundary as shown on the tentative map of said subdivision.

8. The exterior boundary of the land shown on a land division map shall be indicated by a distinctive delineation and clearly designated.

9. A statement labeled Surveyor's Notes or Engineer's note shall be shown on the first map sheet after the signature sheet of a multi-sheet map. The statement shall include the basis of bearings; the monuments that were found; the monuments and points that were set, and a key to the symbols and abbreviations and such other information required by the County Surveyor.

10. Lots shall be numbered consecutively, commencing with the Number "1", with no omissions or duplications. Each lot shall be shown in its entirety on one sheet; unless, due to size and/or shape, and after using an acceptable scale, the County Surveyor determines the parcel(s) or lot(s) cannot reasonably be shown on a single sheet. Lots used for streets, alleys, or barrier strips shall be lettered. Easements shall be clearly identified.

B. The following data shall be shown on each final map:

1. Dates of survey and the name and registration number of the person authorized to practice land surveying by the State of California and who is responsible for the preparation of the map;

2. Locations and names (without abbreviations) of all adjoining, existing and proposed streets and the locations of alleys. Proposed public area and easements shall also be identified.

3. Gross area of land division, and the net acreage, computed to the nearest .01 acres, all lot lines shall be shown by solid lines.

4. Centerline of all streets and lengths, tangent, radius and central angle or radial bearings on all points on curves and the bearings of radial lines to each lot corner on a curve; the width of each street, the width of the portion being dedicated and the width of existing dedications; and the widths of right-of-way of railroads, flood control or drainage channels and other easements appearing on the map.

5. Sufficient data to determine readily the bearing and length of each line. Recorded survey data as required by the County Surveyor.

6. Sufficient primary survey control points.

7. Ties to and recording references to adjacent record maps and to section corners, quarter section corners and also to section lines and quarter section lines when adjacent or within the map.

8. Centerline data and width of all easements to which the subdivision is subject. If the easements are not definitely located by record, a statement as to the easement shall appear on the title sheet of the subdivision. Distances and bearings on the side lines of lots which are cut by an easement shall be so shown as to indicate clearly the actual location. Alignment data alongside lot lines of easements shall be provided when not controlled by paralleling lines or centerline. The easement shall be clearly labeled and identified and, if already on record, proper reference to the records given. Easements dedicated in subdivision shall be included in the owner's Certificate of Dedication. Easements shall be shown on the map by broken lines.

9. Clear indication of stakes, monuments or other evidence found on the ground to determine the boundaries of the tract, data to determine physical description, size, ground position, tag number and record reference of survey markers, untagged monuments accepted as control shall be tagged or replaced by the surveyor or engineer making the survey.

10. No setback lines shall appear on the final map.

11. New street names shown on a subdivision map must be approved by the County Surveyor.

12. Environmental Constraint Sheet.

a. Additional survey and map information may be required in the form of an Environmental Constraint Sheet which is to be filed with the Imperial County Surveyor simultaneously with the recording of the parcel map. The additional information may include, but need not be limited to: flood hazard zones, seismic lines and setbacks, geologic mapping, and archaeological sites. The Environmental Constraint Sheet is for informational purposes and is not intended to affect record title interest.

b. When an Environmental Constraint Sheet is required, a note shall be placed below the Surveyor's notes on the parcel map in one-fourth inch high bold block letters, stating:

ENVIRONMENTAL CONSTRAINT SHEET

Environmental Constraint Sheet affecting this map is on file in the Office if the Imperial County Surveyor in Environmental Constraint Sheet Book ________, Page _______. This affects Lot Numbers ________ or Parcel Number ________.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

A. After the preliminary final map is determined to be correct, the County Surveyor shall notify the subdivider to prepare and submit the original and duplicate original of the final map together with all required agreements for improvements and securities and all other required documents as may be necessary for consideration of the final map. If the final map or documents are not determined complete by the County Surveyor, they shall be returned to the subdivider for corrections.

B. The original and duplicate original map shall be inscribed on polyester base film, including the required signatures, and shall meet the requirement of the County Surveyor.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

A. When a final map and all agreements (including proof of compliance with the conditions of approval of the tentative map), securities and other required documents have been submitted and found to be in correct form, the County Surveyor shall, within twenty (20) days thereafter, file a final map and documents and then shall certify that:

1. The County Surveyor has examined the map,

2. The subdivision as shown is substantially the same as it appeared on the tentative map and any approved alterations thereof,

3. All provisions of the Subdivision Map Act and all County ordinances applicable at the time of approval of the tentative map have been complied with, he/she is satisfied that the map is technically correct.

B. The County Surveyor shall deliver the final map report of condition compliance to the Planning and Development Services Department for review and the Planning Director's signature. The County Surveyor shall within twenty (20) days thereafter, approve the map if it conforms to all the requirements of the Subdivision Map Act and this Ordinance applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder. When the map is approved, the County Surveyor may accept or reject dedications and offers of dedication that are made by certificate on such map, and may sign the certificate for the County. The County Surveyor shall file the approved map and documents with the Clerk of the Board for transmittal by the Clerk of the County Recorder.

(Ord. No. 1565, §§ 5, 6, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

The Board, upon filing of the final map shall at the meeting at which it receives the map or at its next regular meeting after the meeting at which it receives the map, approve the map if it conforms to all requirements of the Subdivision Map Act and this Ordinance applicable at the time of approve or conditional approval of the tentative map and rulings made thereunder.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

A. Before approving a final map for a major subdivision, the Board of Supervisors shall require:

1. That the subdivider grade and improve or agree to grade and improve all land dedicated or to be dedicated for streets and easements. Bicycle routes shall be laid out on a final map in such manner and with such improvements as are necessary for the use of the lot owners in the subdivision, to address local neighborhood traffic and also address drainage. All improvements shall be in accordance with the Imperial County Standards.

2. That the subdivider comply with the public works director's conditions requiring construction of necessary drainage and flood control structures to conform to Imperial County Standards.

3. That the subdivider provide proof satisfactory to the County that there exists an adequate potable water supply available to each lot or parcel and that subdivider install or agree to install minimum pressure water supply pipe of a diameter conforming to County Standards.

4. That there is a water district or mutual company created to insure the continuity, maintenance, and operation of an adequate water system to the subdivision.

5. That the subdivider provide all necessary easements and rights-of-way to accommodate all streets, drainage and flood control structures and facilities and sewer systems existing beyond the boundaries of the subdivision.

B. Where the Board of Supervisors determines by reason of the size and shape of the proposed lots, the nature of the terrain to be subdivided, the soil condition of the lots or the development of the area in the vicinity of the proposed subdivision, a public sewer disposal system serving the lots will be required to preserve the public health, the Board of Supervisors will require the subdivider to install or agree to install a public sewer disposal system serving said lots as a condition precedent to the approval of any final map. Said system shall conform to County Standards.

C. If required as condition to subdivision the subdivider shall construct or shall cause to be constructed at his cost a street lighting system conforming to County Standards. There shall be a taxing authority or special district board to maintain said lighting system.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

A. If, at the time of approval of the final map by the Board of Supervisors, any public improvements required pursuant to the Subdivision Map Act or this Division have not been completed and accepted in accordance with County Standards applicable at the time of approval or conditional approval of the tentative map, the Board of Supervisors, as a condition precedent to the approval of the final map, shall require the subdivider to enter into one of the following agreements:

1. An agreement with the County upon mutually agreement terms to thereafter to complete such improvements at the Subdividers expense.

2. An agreement with the County to thereafter:

(i) Initiate and consummate proceedings under an appropriate special assessment act for the financing and completion of all such improvements; or

(ii) If not completed under such special assessment act, to complete such improvements at the Subdividers expense.

B. Where the subdivider agrees to construct improvements, he/she shall prepare and deposit with the Clerk of the Board of Supervisors or with the County Surveyor detailed plans and specifications of the improvements to be constructed and such plans and specifications shall be made a part of any agreement or contract and of the Government Code Section 66499, securities required for same.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Any improvement agreement, contract or act required or authorized by the Subdivision Map Act or by this Division shall be secured in the manner provided for in Section 66499 of the Government Code.

The improvement security shall be in amounts set forth or authorized in Section 66499 of the Government Code. If the improvement security is other that the bond or bonds furnished by duly authorized corporate security, an additional amount shall be included as determined by the board of supervisors as necessary to cover the cost and reasonable expenses and fees, including reasonable attorney fees, which may be incurred by the County in successfully enforcing the obligations secured. The improvement security shall also secure the faithful performance of any changes or alterations to the work to the extent that such changes or alterations do not exceed ten percent (10%) of the original estimated cost of the improvement.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

The improvements security required hereunder shall be released in the following manner:

A. Security given for faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work subject to the provisions of subparagraph (B) hereof.

B. The public works director may release a portion of the securities in conjunction with the acceptance of the performance of the act or work, as it progresses upon application by the subdivider. In no event shall the public works director authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the act or work and any other obligations imposed by this ordinance, the Subdivision Map Act or the improvement agreement.

C. Security given to secure payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment may, six months after the completion and acceptance of each act or work, be reduced to an amount equal to an amount of all claims therefore filed and which notice has been given to the Board of Supervisors, plus an amount reasonably determined by the public works director to be required to assure the performance of any obligations security thereby. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

D. No security given for the guarantee or warranty of work shall be released until the expiration of the period thereof.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

A. Every final map shall show the following monuments which shall be set by a licensed surveyor or registered engineer.

1. Boundary monuments. The exterior boundary of the subdivision shall be monumented with permanent monuments at the intermediate points along the boundary not more than one thousand (1,000) feet apart and at the beginning and end of points of all curves; provided, if any existing record and identified monument meeting the foregoing requirements is found at any such corner or point. Such monument may be used in lieu of a new monument.

2. A center line of street monument shall be installed.

3. Lot corner monuments. All lot corner except when coincident with exterior boundary corner, shall be monumented with permanent monuments of one of the following types:

(i) Three-quarter-inch diameter iron pipe;

(ii) Lead plug and copper identification disks or chipped and "x" set in concrete sidewalks or curbs;

(iii) Two by two by twelve-inch redwood hub with copper identification disk.

4. Such additional monuments to mark the limiting lines of streets as the public works director may require.

5. All other monuments set or proposed to be set.

6. Bench marks shall be set as directed by Department of Public Works.

B. All monuments and their installation shall conform to the County Standards.

C. All of the foregoing monuments shall be set prior to the approval of the map by the Board of Supervisors unless the setting thereof is deferred in accordance with Section 66496 of the Government Code; provided, however, the setting of exterior boundary monuments shall not be deferred unless the public works director determines that such monuments might be disturbed by the construction of improvements.

D. Where the setting of monuments is deferred following filing of a final map, such monuments shall be set within thirty (30) days after the completion of the required improvements and the acceptance thereof by the County.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

A. Upon approval by the Board, or upon approval by the County Surveyor if he/she is so authorized, the Clerk of the Board shall certify that all required certificates, security and deposits have been filed and shall transmit the final map or parcel map to the Recorder.

B. The subdivider shall present to the Recorder evidence that, at the time of the filing of a final map, the parties consenting to the filing are all of the parties having a record title interest in the real property being divided whose signatures are required, as shown by the records in the Office of the Recorder; otherwise, the map shall not be filed.

C. The Recorder shall have not more than ten (10) days within which to examine the final map and either accept or reject it for filing.

D. If the Recorder accepts the final map for filing, such acceptance shall be certified on the face thereof.

E. The Recorder, upon filing the final map, shall attach the recording data to the polyester type film duplicate original and thereupon deliver the same to the County Surveyor who shall retain custody thereof.

(Ord. No. 1565, §§ 5, 6, 12-15-20)