Larkspur Municipal Code Ch. 17.28 Final Map

Sections: 17.28.010 Form. 17.28.020 General Data. 17.28.030 Certificates. 17.28.040 Improvement Security. 17.28.050 Certification of Water and Sewerage Facilities. 17.28.060 Certification of No Liens against Subdivision. 17.28.070 Estimate of Taxes Not Yet Payable. 17.28.080 Tax Bond Required. 17.28.090 Evidence of Title. 17.28.100 Map Showing Structures Required. 17.28.110 Additional Information. 17.28.120 Pre-Filing. 17.28.130 Filing and Fees. 17.28.140 Number of Copies. 17.28.150 Report by the City Engineer. 17.28.155 Findings – Residential Condominium Conversions. 17.28.160 Action by City Council.

The form of the final map shall be as follows:

A. Each sheet shall be eighteen (18) inches by twenty-six (26) inches and drawn so that the north arrow generally points toward the top of the sheet, generally parallel to the eighteen-inch dimension. Lettering shall read from left to right and from top to bottom of the sheet.

B. The sheet title shall be located in the lower right-hand corner, and a one-inch blank margin shall circumscribe the sheet.

C. Every sheet shall bear the tract name, scale, north point, sheet number and number of sheets comprising the map.

D. When the map consists of more than two (2) map sheets, a key map showing the relation of the sheets shall be placed on the first map sheet.

E. The exterior boundary of the land included within the subdivision shall be indicated by a solid colored line approximately one-eighth of an inch wide, which is capable of being reproduced on prints of the final map. The map shall show the definite location of the subdivision and particularly its relation to surrounding surveys.

F. The title sheet shall contain the title, consisting of words “Larkspur, California,” and the name of the tract, and such name shall not be the same as the name of any existing city, town, tract or subdivision of land into lots in this county, of which a map of plot has been previously recorded, or so nearly the same as to mislead the public or cause confusion as to identity thereof. If any of the land being subdivided has been previously shown on a recorded map, a subtitle referring to the recorded map shall be provided. Reference to tract and subdivisions in the description must be worded identically with original records, and reference to book and page of record must be completed.

G. A vicinity sketch which clearly locates the subdivision shall be included.

H. All lots shall be numbered consecutively with no omissions or duplications throughout the entire subdivision, including all units of any subdivision that have the same tract name but are designated by different units. No block division or numbering is required, but if desired by the subdivider, then each block shall be numbered consecutively. Circles or other geometric figures shall not be drawn around numbers. Each lot must be shown entirely on one sheet.

I. Dimensions of lots shall be given as to net dimensions to the boundaries of adjoining streets and shall be shown in feet and hundredths of feet. No ditto marks shall be used. Lots containing less than one acre shall show area in square feet. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

In addition to the content of the approved tentative map, the final map shall include the following data:

A. Survey Basis. The basis of bearing of the survey shall be clearly noted on the map.

B. Closure. A traverse of the boundaries of the tract and of all lots and blocks must close within a limit of error of one in ten thousand (10,000).

C. Monument Location. The exact location of all permanent monuments as required to be set by Larkspur Municipal Code Section 17.16.070 shall be shown. All adjoining property shall be identified by current record data, including any tract name or other identification.

D. Soils Report. When a soils report has been prepared, this fact shall be noted on the map, together with the date of the report and the name of the engineer making the report.

E. Easements. The location and width of all easements to which the lots are subject shall be shown. The easements must be clearly labeled and identified, and, if already of record, their recorded reference given. If any easement is not definitely located of record, a statement of such easement must appear on the title sheet. Easements for storm drains, sewers and other purposes shall be designated by dotted lines. Distances and bearings on the side lines of lots which are cut by an easement must be arrowed or so shown that the map will indicate clearly the actual lengths of the lot lines. The width of the easement and the lengths and bearings of the lines thereof and sufficient ties thereto to locate the easement with certainty in respect to the subdivision must be shown. If the easement is being dedicated by the map, such dedication shall be properly set out in the owner’s certificate of dedication.

F. Intended Ownership. The final map shall particularly define, delineate and designate all lots intended for sale or reserved for private purposes, and all parcels offered for dedication for any purpose, with all dimensions, boundaries, and courses clearly shown and defined in every case. Any or all of the parcels of land intended for any public use except those parcels other than streets intended for the exclusive use of lot owners, their licensees, visitors, tenants, and servants in the subdivision shall be offered for dedication for public use. Parcels offered for dedication but not accepted shall be clearly designated as such on the map.

G. Established Lines. Whenever the county has established a system of coordinates, the survey shall be tied into such system, or where there has been established the centerline of a street or alley, the data shall be shown on the final map indicating all monuments found and making reference to a field book or map. If the points were reset by ties, that fact shall be stated.

H. High-Water Line. The line of higher high water at mean sea level datum shall be shown.

I. Streets. The final map shall show the side lines, total width, width of the portion being dedicated and width of existing dedications of all streets; and the width of railroad rights-of-way appearing on the map. All streets shall be named. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

The following certificates and acknowledgments and others now or hereafter required by law shall appear on the final map; such certificates may be combined where appropriate.

A. Owners. A certificate including the offer of dedication, if any, signed and acknowledged by all parties having any record title interest in the real property subdivided, is required with the exception of those ownership interests exempted by Section 66436 of the Subdivision Map Act.

B. Civil Engineer or Surveyor. The signature of the engineer or surveyor responsible for the survey or final map must be attested unless accompanied by their seal.

C. City Engineer.

D. County Recorder.

E. Planning Commission Chairperson.

F. County Tax Collector. A certificate for execution by the County Tax Collector or a statement that according to the records of their 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.

G. Tax Bond. A certificate attesting that a tax bond, cash, or other securities guaranteed in payment, has been filed with the County Clerk to cover taxes and assessments against the property, which are a lien, but are not payable.

H. City Council. A certificate for execution by the Mayor and attested by the City Clerk approving the final map as submitted and accepting or not accepting the areas dedicated for public use.

I. Monumentation. A certificate by the engineer or surveyor responsible for the preparation of the map that states that all monuments are of the character and positions indicated, or that they will be set in such positions on or before a specified date. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced.

J. When the final map is filed, all certificates shall be signed (except for certificates to be signed by the City Engineer, Planning Commission, and City Council). (Ord. 1062 § 14, 2022; Ord. 1030 § 2(11), 2018; Ord. 702 § 15, 1983; Ord. 635 § 2; Ord. 584 § 1 (part), 1977)

Improvement security, as specified by Larkspur Municipal Code Chapter 17.16, shall be filed with the final map when the required improvements have not been satisfactorily completed before the final map is filed. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

The following shall be filed with the final map:

A. Sewerage Facilities. A letter from the appropriate sanitary district or sanitation district having jurisdiction certifying that satisfactory arrangements have been made with them for adequate provisions for sewage disposal for each lot within the subdivision.

B. Water Facilities. Either a letter from the appropriate public water supply district certifying that satisfactory arrangements have been made with them for installation of an adequate and safe water supply to each lot within the subdivision or, when allowed by the City Council, a letter from an approved testing agency certifying that the quality and quantity of a private water supply system is adequate to serve the subdivision. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

Prior to the filing of the final map with the governing body, the subdivider shall file with the Clerk of the Board of Supervisors of Marin County a certificate from the official computing redemptions in any county or any municipal corporation in which any part of the subdivision is located, showing that, according to the records of their office, there are no liens against the subdivision or any part thereof for unpaid state, county, municipal or local taxes or special assessments collected as taxes, except taxes or special assessments not yet payable. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

The subdivider shall file with the Clerk of the Marin County Board of Supervisors a certificate by each proper officer giving their estimate of the amount of taxes and special assessments which are a lien but which are not yet payable. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

Whenever any part of the subdivision is subject to a lien for taxes or special assessments collected as taxes which are not yet payable, the final map shall not be recorded until the owner or subdivider executes and files with the Board of Supervisors of Marin County a good and sufficient bond to be approved by the Board and by its terms be made to insure to the benefit of the county and be conditioned upon the payment to all state, county, municipal and local taxes and all special assessments collected as taxes, which at the time the final map is recorded are a lien against the property, but which are not yet payable. In lieu of a bond, a deposit may be made of money or negotiable bonds in the same amount, and of the kind approved for securing deposits of public money. When the land being subdivided is a portion of a larger parcel shown on the last preceding tax roll as a unit, the bond or deposit for payment of taxes need be only for such sum as may be determined by the Board of Supervisors to be sufficient to pay the taxes on the land being subdivided, together with all accrued penalties and costs if such taxes are allowed to become delinquent. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

A. The subdivider shall file with the final map evidence of title issued by a reputable title insurance company, showing the names of all persons having any right, title or interest in the lands proposed to be subdivided and whose consent is necessary to convey clear title to such land. Such evidence of title shall be filed with the final map for record in the offices of the County Recorder.

B. In the event that any dedication is to be made for public use of any property shown on any such final map other than streets, easements, or other public ways, the City may require the subdivider to furnish a policy of title insurance issued for the benefit and protection of the City of Larkspur. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

Any final map of a subdivision presented to the City for acceptance of easements and recordation shall be accompanied by an additional copy on which is delineated all structures existing within the easements, except publicly owned storm drains, water lines, sewers, and other sanitary facilities, whether such structures are on recorded easements or not. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

Any other evidence and material that are or may be hereafter required by law or by the conditions of approval of the tentative map. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

Prior to filing the final map as provided herein, the subdivider or their agent shall submit to the City Engineer:

A. Three (3) check prints of the proposed final map;

B. A current preliminary title report;

C. Traverse sheet or sheets in a form approved by the City Engineer giving latitudes and departures and/or coordinates of the boundary of the subdivision, the blocks and the lots therein; and

D. The final map filing fee. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

The final map shall be filed with the City Engineer prior to expiration of the approved tentative map. The final map shall be accompanied by filing fees and improvement inspection fees in amounts determined by City Council resolution and a deposit sufficient for recording fees assessed by the Marin County Recorder. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

In addition to a reproducible original, there shall be filed one set of cloth prints and ten (10) sets of blue-line or black-line prints, of which the reproducible original shall contain the original signatures. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

After filing of the final map, the City Engineer shall check it for conformance with the tentative map, state law and this title and shall certify the correctness and completeness of the final map. The City Engineer shall then transmit to the City Council the final map. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

Prior to the approval of a final map for the approval of a conversion of residential real property to a condominium project, the City Council must make the following findings as required by Government Code Section 66427.1:

A. Each of the tenants of the proposed condominium project has received pursuant to Government Code Section 66452.9, written notification of intention to convert at least sixty (60) days prior to the filing of a tentative subdivision map.

B. Each of the tenants of the proposed condominium project has received all applicable notices as required subsequent to that required in subsection (A) of this section.

C. Each of the tenants of the proposed condominium project, community apartment project or stock cooperative has received or will receive ten (10) days’ written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, and that such report will be available on request to the tenant without charge.

D. Each of the tenants of the proposed condominium project has been, or will be, given written notification within ten (10) days of approval of a final map for the proposed conversion.

E. Each of the tenants of the proposed condominium project, community apartment project or stock cooperative has been given, or will be given, one hundred eighty (180) days’ written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion.

F. Each of the tenants of the proposed condominium project, community apartment project or stock cooperative has been given notice of an exclusive right to contract for the purchase of their respective unit upon the same terms that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than ninety (90) days from the date of issuance of the subdivision public report pursuant to Business and Professions Code Section 11018.2, unless the tenant gives prior written notice of their intention not to exercise the right. Further, said notice shall contain all the conditions of approval of the condominium use permit required by Larkspur Municipal Code Chapter 18.38 of the tentative map. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(11), 2018; Ord. 667 § 23, 1981)

A. At its next regular meeting or within a period of not more than ten (10) days after receipt of such map from the City Engineer, whichever occurs later, the City Council shall accept the bonds and approve the map if it conforms to all the requirements of the tentative map and this title. Time for approval by the City Council may be extended with the mutual consent of the subdividers and the City Council.

B. The Mayor shall sign and the City Clerk shall certify the action of the City Council on the title sheet of such approved map and transmit it to the City Engineer. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

When all the required improvement work is completed to the satisfaction of the City Engineer, they shall notify the City Manager that the work has been satisfactorily completed and recommend the acceptance of the work by the City Council. Upon approval and acceptance by the City Council, the City Clerk shall notify the subdivider of such action. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)