§ 12.22

(a)

The City Manager or designee will provide coordinated positions in the vicinity of each new parcel map by tying the section, quarter section, rancho, or other appropriate land net corners or road centerlines, on an approximate one-half-mile grid convenient for proper coordinate tie-in of such map boundaries, to the existing monuments of, and, where possible, intervisible with the local control network, and by calculating and adjusting coordinates for these corners using the California Coordinate System based on the North American Datum of 1983, 1990 Adjustment or current adjustment as directed by the County Surveyor.

(b)

All data pertaining to these control monuments will be filed in accordance with the requirements of the Professional Land Surveyors' Act and these records shall be indexed and made readily available to the general public.

(c)

The City shall require the surveyor or engineer to show on the parcel map those ties made by the surveyor or engineer to such control monuments in accordance with Public Resources Code § 8813; and that coordinates published by the County for these control monuments be shown on the map.

(d)

The surveyor or engineer shall be permitted to show on any record of survey submitted for filing, the information prescribed above, when the normal course of survey activities include ties made to points for which coordinates have been provided or accepted into the control network by the County, and when such information may be shown pursuant to the requirements of the California Public Resources Code.

(e)

The County shall require the surveyor or engineer preparing the parcel map to tie the boundary of said map into the California Coordinate System (NAD 83) in at least two locations, preferably on opposite sides of the boundary or as mutually agreed to by the surveyor or engineer and the County surveyor.

(f)

The basis of bearings of the parcel map shall be the California Coordinate System (NAD 83), 1990 Adjustment or current adjustment as directed by the County surveyor as established by the use of existing monuments, Global Positioning System Surveys (GPS), or by astronomic observation.

(g)

In the event that the County surveyor is unable to provide the surveyor or engineer with coordinated monuments, as described in Subsection (a) above, within 30 days of a written and County-approved request filed by the surveyor or engineer relating to any maps which is or will be processed by the County Surveyor, the foregoing requirements would be waived. However, none of the above will preclude a person, authorized to practice land surveying within the State Of California, from performing the necessary work to meet the requirements of this section.

(h)

The County Surveyor shall require the surveyor or engineer preparing a parcel map to submit to the County, in addition to the material currently being submitted for map checking and recordation purposes, a digital graphics file containing the boundary, street centerline, right-of-way and lot/parcel line data necessary to facilitate transferring of the file into the County mapping system if the surveyor or engineer has the capability to provide such files. If the surveyor or engineer does not have this capability, the County will create such a graphics file for entry into its system and recover the cost through the map check process.

(i)

If the boundary of the parcel map being submitted is a parcel or lot of a map already tied to the California Coordinate System, NAD 83, 1990 Adjustment or current adjustment as directed by the County Surveyor, the requirements in Subsection (e) above shall be waived.

(j)

In the event the surveyor or engineer submitting a parcel map to the County feels that compliance with the requirements stated in Subsections (c), (e), (f), and (h) above will create a hardship on him or the client, he may appeal to the County Surveyor to waive them. If the County Surveyor refuses this appeal, the surveyor or engineer may further appeal this decision to a committee of members of the private sector recognized by Director, Public Facilities and Resources Department, as representative of the professional surveying community. Such a committee may be, but not limited to, the California Land Surveyors Association California Council of Civil Engineers and Land Surveyors Joint Professional Practice Committee. The decision of this committee shall be final and binding on both parties.

(OCC § 7-9-330)

CHAPTER 12.24. - FINAL TRACT MAP REQUIREMENT AND PROCEDURES[[8]]

Footnotes:

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State Law reference— Final maps, Government Code § 66456 et seq.

Sec. 12.24.010. - Content and form.

The content and form of final tract maps shall be governed by the provisions of the Subdivision Map Act (Government Code § 66410 et seq.) and as interpreted by the Subdivision Manual.

(OCC § 7-9-331)

Sec. 12.24.020. - Final tract map required.

When a subdivision is proposed to be created through the tentative tract map process, a final tract map shall be filed for record with the County Recorder. No proposed subdivision shall be complete until such tract map has been recorded.

(OCC § 7-9-332)

Sec. 12.24.030. - Signatures required.

All parties having any record title interest in the real property being subdivided, including parties to which an irrevocable offer has been made over the property, or any portion thereof, shall consent to the preparation and recordation of the tract map by signing the required certificate. Such signatures shall be properly acknowledged. The certificate need not be signed by public entities and public entities which own rights-of-way, easements or other interests which cannot ripen into a fee, provided that:

(1)

Division and development of the property in the manner set forth in the map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement;

(2)

The Planning Commission has determined that the division and development of the property in the manner set forth on the tentative map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement; and

(3)

The public entity or utility has been given an opportunity to object to such a determination in accordance with the provisions of the Subdivision Map Act (Government Code § 66410 et seq.).

(OCC § 7-9-333)

Sec. 12.24.040. - Method of approval.

(a)

Final tract maps, together with any required improvement agreements and security, shall be submitted to the Director for review and preliminary determination as to:

(1)

Compliance with any conditions imposed on the approval of the tentative map; and

(2)

Substantial conformance with the approved tentative map and any approved alterations thereof.

(b)

In the event the Director determines that the subdivision is not in compliance or substantial conformance, the Director shall, within ten days of the date the final map was submitted, advise the subdivider in writing of his preliminary determination. The subdivider may appeal the Director's determination to the Planning Commission or directly to the City Council in the event the map was originally approved on appeal to the City Council. Any such appeal shall be heard within 15 days of the filing of such a request with the Director. Upon hearing any such appeal, the Planning Commission or the City Council shall make an advisory ruling to the City Manager or designee. The final determination as to whether the final tract map is in compliance and substantial conformance shall be made by the City Manager or designee. Within 20 days (or more if requested by the subdivider) after the Director notifies the City Manager or designee that all conditions precedent to the approval of the tract map have been satisfied and any required improvement agreements and security are in order, the City Manager or designee shall examine the map and, if appropriate, shall execute the certificate required by the Subdivision Map Act (Government Code § 66410 et seq.).

(OCC § 7-9-334)

Sec. 12.24.050. - Filing with the City Council.

After the City Manager or designee executes his certificate, he shall transmit the tract map to the Clerk of the City Council. The City Manager or designee shall present the map and any required agreements, securities and approvals to the City Council for their approval and execution of their certificate by the Clerk.

(OCC § 7-9-335)

Sec. 12.24.060. - Filing with the County Recorder.

The City Manager or designee shall transmit the approved final tract map to the County Recorder for recordation, unless the surveyor/engineer/subdivider requests an alternate time schedule for recordation.

(OCC § 7-9-336)