Ione Municipal Code Ch. 16.28 Final Maps

The purpose of this chapter is to establish the process for preparing, reviewing, and approving final maps.

(Ord. No. 431, § 2, 2-2-2010)

Within 36 months of the date of approval or conditional approval of the tentative map, or within any further time period for which an extension has been granted or made as a matter of law, the subdivider may cause the proposed subdivision or any part thereof to be surveyed and a final map to be prepared and recorded in accordance with the provisions of this chapter and the Subdivision Map Act.

(Ord. No. 431, § 2, 2-2-2010)

The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor in the manner required by the Subdivision Map Act, and shall conform to all of the following provisions:

A. The general form and layout of the map, including but not limited to the size and type of lettering, and the drafting and location of acknowledgements, shall be as determined by the city engineer.

B. The scale of the map shall be one inch equals 100 feet, unless otherwise permitted by the city engineer, but in any case the map shall show clearly all details of the subdivision.

C. All dimensions shall be shown in feet and hundredths of a foot. No ditto marks shall be used.

D. If more than three sheets are necessary to show the entire subdivision, an index map shall be included on one of the sheets.

E. The subdivision designation, scale and north point shall be shown on each sheet except the endorsement sheet.

F. A title sheet, designated as page number one of the final map, shall be provided; except that, where the size of the subdivision permits, in lieu of a separate title sheet, the information required to be shown thereon may be shown on the same sheet as the map of the subdivision.

G. The final map shall be so made and shall be in such condition when filed that legible prints and negatives can be made therefrom.

(Ord. No. 431, § 2, 2-2-2010)

The title sheet shall contain the following information:

A. Title followed by the words "City of Ione."

B. Below the title shall be a subtitle consisting of a description of all property being subdivided to such map or maps or property shown thereon as shall have been last previously recorded or filed in the county recorder's office, or shall have been last previously filed with the county clerk pursuant to a final judgment in any action in partition, or shall have been previously filed in the office of the county recorder under authority of the Subdivision Map Act or by reference to the plat of any United States survey. The description shall also include reference to any vacated area with the number of the ordinance vacating said area.

C. The subdivision number as determined by the city engineer.

D. The subtitle of maps filed for the purpose of reverting subdivided land to acreage shall consist of the words "A reversion to acreage of _______________."

E. References to tracts and subdivisions in the description must be worded identically with original records, and references to book and page of record must be complete.

F. Affidavits, certificates, acknowledgments, endorsements, acceptances, dedications and notarial seals required by law and by these regulations.

G. The basis of bearings used in the field survey, making reference to a recorded subdivision map or other record acceptable to the city engineer.

(Ord. No. 431, § 2, 2-2-2010)

The title sheet of the final map shall contain those certificates required by the Subdivision Map Act. It shall also contain any other certificates and statements as outlined below.

A. Owner's Statement. Subject to Section 66436 of the Subdivision Map Act, a statement signed by all parties having record title interest in the land subdivided, consenting to the preparation and recordation of the map and dedication to the public of specific parcels or easements as follows:

Owners Statement

(I/We) hereby state that (I/we) are the owners of and have the right, title, and interest in and to the real property included within the subdivision boundary shown upon this map, and (am/are) the only person(s) whose consent is necessary to pass clear title to said property, and (I/we) consent to the making and filing of said map of the subdivision shown within the border lines, and hereby irrevocably dedicate to the City of Ione free of encumbrance the following:

• (Avenues, Courts, Drives, Roads, Streets) as (an) easement(s) for road, public facility and public utility purposes

• Parcel(s) (A, B, etc.) as (an) easement(s) for (Park, Landscaping, Open Space, etc.) [The City Engineer will determine if a Parcel will be dedicated in Fee].

• Public Utility Easements for the construction, improvement, maintenance, repairs, operation and replacement of, including but not limited to, water, electrical, gas, telephone and cable television facilities together with any and all appurtenances pertaining thereto on, over, upon, across, through and beneath those strips of land designated as "PUE"

• Public Facility Easements for the construction, improvement, maintenance, repairs, operation and replacement of, including but not limited to, street trees, sidewalks, storm drain, sewer, street light, and traffic signal facilities together with any and all appurtenances pertaining thereto on, over, upon, across, through and beneath those strips of land designated as "PFE"

• Easements for (sewer, water, recycled water, storm drain, access, etc.)

• An easement for the purpose of constructing, maintaining and improving cut and embankment slopes including grading, construction of retaining structures and incidental purposes over that certain real property designated as "Slope Easement"

all as shown on said map, within said subdivision.

_____ Owner's Name Date

_____ Owner's Name Date

Notes for this certificate:

• The information shown within the parentheses will vary with each map.

• Call out all avenues, courts, drives, roads and streets by name.

• Call out each individual parcel by letter designation along with its use.

• If the property is held in a trust, this statement must be signed by the Trustee(s) of the trust. Include the name of the trust and call out the individuals signing the statement as trustees.

• If the property is held by a corporation or LLC, call out the name of the corporation or LLC, the state of incorporation and include the title(s) of the person(s) authorized to sign the map.

• Requires Notary Public Certificate.

Trustee's Statement

___________, a ___________ corporation, Trustee under a Deed of Trust recorded as Document No. ___________, Official Records of Amador County, against the land herein shown, consents to the making and filing of this map.

In witness whereof, said corporation has caused its name to be affixed this _______ day of _______, 20___.

By: ___________ By: _____

Title ___________ Title _____

Notes for this certificate:

• Requires Notary Public Certificate.

B. Engineer's or Surveyor's Statement. A statement signed by the engineer or surveyor responsible for preparation of the final map or parcel map, as provided in Section 66441 of the Subdivision Map Act as follows:

Surveyor's or Engineer's Statement

This map was prepared by me or under my direction and is based upon a field survey in conformance with the requirements of the Subdivision Map Act and local ordinance at the request of (name of person authorizing map) on _______, 20___. I hereby state that this (final/parcel) map substantially conforms to the approved or conditionally approved tentative map, if any, and monuments shown hereon will be set within one year from the date of filing on this map and that said monuments are or will be sufficient to enable the survey to be retraced.

_____ (Engineer's or Surveyor's Name) Date (L.S. or R.C.E. No.)

Notes for this certificate:

• The information shown within the parentheses will vary with each map.

C. City Engineer's and City Surveyor's Statements. A statement, signed and sealed by the city engineer and/or city surveyor, that the map was examined by him and the subdivision as shown is substantially the same as it appeared on the approved tentative map and, if required, any approved alterations thereof, and that all the provisions of the Subdivision Map Act and any local ordinance applicable at the time of approval of the tentative map have been complied with, and that he is satisfied that the map is technically correct, as follows:

City Engineer's and City Surveyor's Statements

I do hereby state that this Subdivision Map, consisting of _______ sheets, this statement being on sheet one thereof, has been examined by me and that the subdivision, as shown upon said map, is substantially the same as said subdivision appeared on the approved or conditionally approved tentative map and any approved amendments thereof. I further state that this final map complies with the provisions of the Subdivision Map Act of the State of California and the Municipal Code of the City of Ione and any amendments thereto, applicable at the time of approval of the tentative map.

_____ City Engineer Date

I do hereby state that I have examined this Subdivision Map on behalf of the City of Ione, and I am satisfied that this map is technically correct.

_____ City Surveyor Date

D. Tax Collector's Statement. A statement signed by the county tax collector, stating that all due taxes and special assessments collected as taxes have been paid or that a bond or other security assuring the payment of all taxes or special assessments collected as taxes which are liens but are not yet payable, has been filed with the county, as follows:

Tax Collector's Statement

According to the records in the office of the undersigned, there are no liens against this Subdivision, or any part hereof, for unpaid State, County, municipal or local taxes or special assessments collected as taxes, except taxes or special assessments collected as taxes not yet payable. My estimate of taxes and special assessments collected as taxes and not yet payable is $_____. The land in said Subdivision is not subject to a special assessment or bond which may be paid in full, except special assessments for bonds payable in full for which I estimate that the amount required for full payment is $_____. Security required pursuant to Government Code Sections 66493(a) and 66493(c) are hereby accepted and approved.

_____ Tax Collector Date County of Amador, State of California

E. Approving Authority's Statement. A statement signed by the secretary or clerk of the designated approving authority, indicating the date of the meeting in which tentative map was approved and a reference the resolution approving the tentative map, as follows:

Approving Authority's Statement

I hereby state that I am the (City Clerk/Planning Commission Clerk) of the of the City of Ione, State of California and that the (City Council/Planning Commission) being the proper body, has approved the tentative map entitled, (Insert Map Name) by Resolution Number _______ on _______, 20___.

_____ (City Clerk/Planning Commission Clerk) Date City of Ione, State of California

Notes for this certificate:

• The information shown within the parentheses will vary with each map.

F. City Clerk's Statement. If any real property is offered for dedication for public use on the final map or parcel map or by a separate instrument, a statement signed by the city clerk shall be provided on the final map or parcel map stating that the council approved the map and accepted, accepted subject to improvement, or rejected on behalf of the public the real property offered for dedication, as follows:

City Clerk's Statement

I hereby state that I am the Clerk of the City Council of the City of Ione, State of California and that the Council being the proper body, has approved this map entitled, (Insert Map Name) by Resolution Number _______ on _______, 20___ and did accept, subject to improvement all offers of dedication for Public Utility Easements "PUE" and Public Facility Easements "PFE" as shown on said map, within said subdivision.

All other offers of dedication are hereby rejected but the City Council retains its right to accept those offers at a later time.

_____ City Clerk Date City of Ione, State of California

Notes for this certificate:

• The information shown within the parentheses will vary with each map.

G. Recorder's Certificate. The following certificate shall be located in the upper right corner of the first certificate sheet and shall be completed by the county recorder upon recordation of the final map or parcel map:

Recorder's Certificate

Filed this _______ day of _______, 20___, at _______, _______m. in Book of Maps at Page(s) _______, at the request of the City of Ione.

Fee paid: $_______

_____ County Recorder Deputy County of Amador, State of California

H. Public Utility Easement Statement. The following statement shall be included on final maps and parcel maps when road and/or public utility easements are dedicated to the city:

Public Utility Easement Statement

A public utility easement is an easement to construct, install, inspect, maintain, replace, remove and use facilities of the type hereinafter specified, including but not necessarily be limited to the following:

Curb, gutter and sidewalk, installation of transmission and distribution facilities such as electrical, telephone, cable television, gas, water, sewer, recycled water, street lighting, drainage, roadway, landscaping; also uses for pedestrian, equestrian, and non-powered vehicle purposes. Said easement shall also include the right to excavate or fill the easement for the full width and to a reasonable depth thereof.

I. Public Facility Easement Statement. The following statement shall be included on final maps and parcel maps when road and/or public facility easements are dedicated to the city:

Public Facility Easement Statement

A public utility easement is an easement to construct, install, inspect, maintain, replace, remove and use facilities of the type hereinafter specified, including but not necessarily be limited to the following:

Curb, gutter and sidewalk, installation of transmission and distribution facilities such as electrical, telephone, cable television, gas, water, sewer, recycled water, street lighting, drainage, roadway, landscaping; also uses for pedestrian, equestrian, and non-powered vehicle purposes. Said easement shall also include the right to excavate or fill the easement for the full width and to a reasonable depth thereof.

J. Owner's of Interest Statement.

Owner's of Interest

Signatures of owners of the following easements have been omitted under the provisions of Section 66436 of the Subdivision Map Act; their interest is such that it cannot ripen into a fee title and such signatures are not required by the governing body:

K. Certificate of Dedication. Where a final map or parcel map makes fee dedications, the following certificate shall be included:

Certificate of Dedication

The City of Ione shall reconvey the above-described property to the above-named owner, or successor in interest, if the City determines pursuant to Government Code Section 66477.5 that the same public purpose for which the property was dedicated does not exist, or the property or any portion thereof is not needed for public utilities.

L. Notary Public Certificate. Where certificates or statements required by this section or the Subdivision Map Act require notary public certificate, the following certificate shall be used:

NOTARY PUBLIC CERTIFICATE

STATE OF _____ ;

COUNTY OF _____ ;

On ___________ before me, _______, a Notary Public, personally appeared, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the persons, of the entity upon behalf of which the person(s) acted, executed the instruments.

I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal.

_____ Notary Public Date

(Ord. No. 455, § 11, 12-6-2011; Ord. No. 431, § 2, 2-2-2010)

The final map shall substantially conform to the tentative map approved or conditionally approved by the planning commission or city council (including all approved modifications) and shall contain the following information:

A. The boundary line of the subdivision shall be designated by a bold border line.

B. All areas shown on the map which do not constitute a part of the subdivision shall be labeled "Not a part of this subdivision," or "N.A.P.O.T.S." All lines delineating such areas shall be dashed.

C. All survey data and information required by Section 16.42.130, Survey data and information to be shown on final map or parcel map, of this title.

D. All lots or parcels intended for sale or reserved for private purposes and all parcels offered for dedication to the city or any other public agency for any purpose with all dimensions, boundaries and courses clearly shown and defined in every case. Dimensions of lots shall be as total dimensions, corner to corner in addition to point to point dimensions.

E. All lots shall be numbered consecutively, without omissions or duplications, throughout the subdivision starting with the number "1," except units of a total development, which shall be numbered consecutively throughout the development. Only parcels offered for dedication other than for streets or easements shall be designated by letters; provided, however, in single-family subdivisions the parcels intended for other than single-family use may be designated by letters. Each numbered lot shall be shown entirely on one sheet.

F. The location and total width of all streets, alleys, pedestrian ways, equestrian and hiking trails and biking paths; the names of streets, and the width on each side of center line of each street, the width of the portion of the street, alley, pedestrian way, equestrian and hiking trail, and biking path being dedicated, and the width of the existing dedication, if any, within the subdivision.

G. A written notation listing each public street or public easement to be abandoned with the final map with a reference to the recording data or other official record creating these public streets or public easements.

H. The location and widths of any other rights-of-way within the subdivision.

I. Building setback lines, if they differ from the standard requirements established by the city's zoning code.

J. All necessary data including width and side lines of all public easements to which the lots of the subdivision are subject. Each easement shall be clearly labeled and identified as to nature and purpose and, if already of record, its recorded reference given. If any easement is not definitely located on record, a statement concerning the easement shall appear on the title sheet. Easements shall be denoted by fine, dashed lines.

K. All limitations on rights of access to and from streets and lots and other parcels of land.

L. The lines of any natural water course, channel, stream, creek or body of water in or adjacent to the subdivision.

M. The location, width and name of any street and the location and width of any alley, pedestrian way, equestrian or hiking trail, biking path, railroad right-of-way or other right-of-way adjacent to the subdivision.

N. Any city boundary crossing or adjoining the subdivision clearly designated and tied in.

O. In areas subject to 100-year flood hazard, base flood elevation or depth of flow and floodway boundary shall be indicated or a separate document shall be recorded with the final map indicating floodway boundary and base flood elevation or depth of flow.

(Ord. No. 431, § 2, 2-2-2010)

The following statements, documents and other data, and as many additional copies thereof as may be required, shall be filed with the final map:

A. The names, addresses and telephone numbers of the record owners and subdivider and persons preparing the final map.

B. A guarantee of title or letter from a title company certifying that the signatures of all persons whose consent is necessary to pass a clear title to the land being subdivided and all acknowledgments thereto appear and are correctly shown on the proper certificates and are correctly shown on the final map, both as to consents for the making thereof and the affidavit of dedication.

C. A traverse sheet in a form approved by the city engineer giving lot areas, latitudes, departures and coordinates and showing the mathematical closures.

D. The engineer or surveyor under whose supervision the survey has been made shall furnish the city engineer's field notes as required by Chapter 16.42, surveys and monuments, of this title.

E. The complete plans, profiles, cross sections, specifications and applicable permits for the construction and installation of improvements as required by Chapter 16.44, improvements, of this title.

F. A Final Grading Plan. Submission of a final grading plan may be waived by the city engineer when he or she determines that the submission of said plan is not required for proper grading, flood hazard mitigation and erosion control of the subdivision.

G. The agreement to make improvements and the security for such improvements as required by Chapter 16.44, improvements, of this title.

H. All protective covenants, conditions, restrictions or affirmative obligations in the form in which the same are to be recorded when approval thereof by an officer of the city has been required as a condition of approval of the tentative map.

I. Any offer of dedication by separate instrument and accompanying title report as may be provided or required as a condition of approval of the tentative map. The dedication instrument and title report shall conform to the requirements of this section and shall be processed in accordance with the provisions of Section 16.30.100 (processing of parcel map) that relate to instruments of dedication and accompanying title reports. Subdividers shall provide title insurance for fee dedications completed by separate instrument.

Whenever an offer of dedication by separate instrument accompanies a final map, the final map shall not be accepted for filing by the city engineer unless and until the offer of dedication has been approved for recordation as provided in Section 16.30.110 of this title.

J. All other data required by law or as a condition of approval of the tentative map, including plans, reports, agreements, permits, fees, security or other requirements.

(Ord. No. 431, § 2, 2-2-2010)

The final map shall be accompanied by a filing fee as established by resolution of the city council.

(Ord. No. 431, § 2, 2-2-2010)

A complete and accurate survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor in accordance with the provisions of Chapter 16.42, surveys and monuments, of this title.

(Ord. No. 431, § 2, 2-2-2010)

The subdivider shall cause all certificates to be executed except those to be executed by the city engineer, the city clerk, and the county recorder, and shall file with the city engineer the original tracing of the final map and as many prints thereof as may be required.

(Ord. No. 431, § 2, 2-2-2010)

Upon acceptance of the final map and accompanying documents, offers of dedication, offers of deed, offers of easement, fees, and materials for filing, the city engineer shall cause the same to be examined, and if found to be in substantial conformity with the approved tentative map and all amendments, conditions, modifications and provisions made or required by the designated approving authority, and if found to be complete, technically correct, in conformity with improvement plans and specifications, and in compliance with the requirements of these regulations, planned street lines and other applicable specific plans and ordinance, shall forward the same to the city council for review and action within 30 days of being determined to be a complete application.

Should the map or other accompanying documents, fees, or materials be found to be incomplete or incorrect in any respect, the subdivider shall be advised in writing, by mail, of the changes or additions that must be made before the map may be certified. If the defect is the result of a technical and inadvertent error which, in the opinion of the city engineer does not materially affect the validity of the map, the city engineer may waive the defect and forward to the city council.

The city engineer may recommend against approval of the recording a portion of a final map when, in the process of checking the final map he determines that said portion does not by itself provide adequate or satisfactory access, design, or improvements and therefore does not conform to the design and improvement of the subdivision as indicated by the approved tentative map.

(Ord. No. 431, § 2, 2-2-2010)

The city council shall consider the final map and any associated offers of dedication, deed, and easement. The city council shall accept, accept subject to improvement, or reject any or all offers of dedication in conformance with the approvals for the tentative map and the provisions of this title and the Subdivision Map Act. No public hearing shall be required and no public notice shall be required for review, consideration, and action by the city council on a final map, offers of dedication, deed, and easement, or improvement agreement.

If Improvements required under the terms of this title or as a condition of approval have not been completed, the city council shall provide for such improvements by approving a subdivision improvement agreement. No final map shall be certified until the required improvements have been installed or agreed to be installed in accordance with Chapter 16.44, Improvements, of this title.

The city engineer shall execute the city engineer's certificate on the final map within ten days following approval by the city council. The city manager is authorized to execute subdivision improvement agreements, as permitted by Government Code Section 66462(d), in accordance with the city's standard subdivision agreement.

As permitted by Government Code Section 66458(d), the city may accept, accept subject to improvement, or reject dedications and offers of dedications that are made by a statement on the map.

(Ord. No. 455, § 12, 12-6-2011; Ord. No. 431, § 2, 2-2-2010)

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 Tentative Map indicated that multiple Final Maps would be filed.

The filing of a final map on a portion of an approved or conditionally approved Tentative Map shall not invalidate any part of such Tentative Map. Each Final Map which constitutes a part, or unit, of the approved or conditionally approved Tentative Map shall have a separate subdivision number. Unless specific timing thresholds are set forth in the conditions of approval, the City Engineer and City Planner shall determine the improvements required and conditions that must be satisfied in conjunction with a given Final Map phase to ensure a logical and orderly development of the whole subdivision, the subdivision improvement agreement executed by the subdivider for that map phase shall provide for the design and construction of all such required improvements.

(Ord. No. 431, § 2, 2-2-2010)

When completed outside of a dedication on a map, dedications may be required to be made by separate instrument. After receiving the instrument of dedication and accompanying title report, the city engineer shall approve or disapprove the instrument of dedication as to its suitability for recordation. After approving an offer to dedicate, the city engineer shall record the offer in the office of the county recorder.

If said offer of dedication is subsequently rejected by the council, the city engineer shall issue a release from such offer, which shall be recorded in the office of the county recorder.

(Ord. No. 431, § 2, 2-2-2010)