Lindsay Municipal Code § 17.20 Final Map

Within the time specified in Section 66452.6(a) of the Government Code of the state of California, after the approval or conditional approval of the tentative map, the subdivider shall file the final map for recordation. The final map shall be in conformance with the approved tentative map and any conditions attached thereto. The original on polyester base film or cloth linen, and five prints of the final map shall be submitted to the city engineer. Upon application of the subdivider filed prior to the expiration of the approved or conditional approved tentative map the time at which the map expires may be extended by the city council for a period or periods not exceeding the total period specified in Section 66452.6(e) of the Government Code of the state of California; provided, that the provisions of said Sections 66452.6(a) and 66452.6 (e) as amended by Chapter 259 of the Statutes of 1982, shall also apply to any tentative subdivision map approved prior to June 11, 1982, which has not expired by action of law prior to such date.

(Ord. 382 (part), 1983: Ord. 341 § 1 (19.5.100), 1979)

At the time of submitting the final map of a subdivision to the city engineer the subdivider shall submit therewith the following documents:

1. Traverse Sheets. Calculation and traverse sheets in a form approved by the city engineer, giving bearings and distances and coordinates of the boundary of the subdivision and blocks and lots therein shown on the final map;
2. Public Improvement Plans. The original tracings of detailed plans, cross-sections and profiles, and of all other improvements to be installed as required by the provisions of this title or proposed by the subdivider in, on, over or under any street, right-of-way, easement or parcel of land dedicated by the map or previously dedicated, including the estimated cost thereof, shall be filed with the city engineer for his approval and signature. All such plans shall be prepared in accordance with the requirement of the city engineer. Plan sheets shall be twenty-four inches by thirty-six inches with plan and profile drawn to a scale of one inch equals fifty feet, or to an appropriate scale previously approved by the city engineer. A no-access rights certificate shall be shown on the final map where required by the city engineer;
3. Design Data. Design data, assumptions and computations for proper analysis in accordance with sound engineering practices;
4. Report and Guarantee of Clear Title. The final map shall be accompanied by a current report prepared by a duly authorized title company naming the persons whose consent is necessary for the preparation and recordation of the map and for dedication of the streets, alleys and other public places shown on the map and certifying that as of the date of the preparation of the report, the persons therein named are all the person necessary to give clear title to the subdivision. At the time of recording the map, following approval by the city council, there shall be filed with the county recorder a guarantee executed by a duly authorized title company for the benefit and protection of the city showing that persons (name them) consenting to the preparation and recordation of the map and offering for dedication the streets, alleys and other public places shown thereon are all the persons necessary to pass clear title to the subdivision and to the dedication shown thereon;
5. Preliminary Soil Report. A preliminary soil report prepared by a civil engineer registered by the state, based upon adequate test borings or excavations. The fact that a soil report has been prepared shall be noted on the final map in accordance with the Subdivision Map Act. If the preliminary soil report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, a soil investigation of each lot in the subdivision may be required, prepared by a civil engineer registered by the state. The soil investigation shall recommend corrective action intended to prevent structural damage to each dwelling proposed to be constructed on expansive or unstable soil. The report shall be filed with the city building department.

(Ord. 341 § 1 (19.5.200), 1979)

The final map shall be clearly and legibly drawn in black waterproof India ink upon good tracing cloth. Signatures shall be in opaque black ink. The dimensions of each sheet of the map shall be eighteen inches by twenty-six inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be sufficient to show all details clearly and in no case shall be less than one inch equals one hundred feet. Enough sheets shall be used to accomplish this end. The number of each sheet and the total number of sheets comprising the map shall be stated on each of the sheets and the relation of each adjoining sheet shall be clearly shown by a small key map on the first sheet. Each sheet shall show north point and written and graphic scale. The map shall be so made and shall be in such condition when filed that good legible prints and negatives can be made therefrom. The location of the subdivision within the city shall be shown by a small scale map on the first sheet.

(Ord. 341 § 1 (19.5.300 (part)), 1979)

The title of each sheet of the final map shall consist of the approved name and unit number of the tract, if any. Maps filed for the purpose of showing as acreage land previously subdivided shall be conspicuously marked with the words "Reversion to Acreage."

(Ord. 341 § 1 (19.5.300 (part)), 1979)

Wherever the city engineer has established a system of coordinates, then the survey shall be tied into the system. The adjoining corners of all adjoining subdivisions shall be identified by lot and block numbers, subdivision name or number and place of record, or other proper designation.

(Ord. 341 § 1 (19.5.300 (part)), 1979)

An accurate and complete boundary survey to second order accuracy shall be made of the land to be subdivided. A traverse of the exterior boundaries of the tract, and of each block, when computed from field measurements on the ground, shall close within a limit of one foot to ten thousand feet of perimeter. The boundary of the subdivision shall be indicated on the final map by a blue line approximately one-sixteenth of an inch wide. Any area within the exterior boundary line which does not constitute a part of the subdivision shall be labeled "not a part of this subdivision." All lines enclosing the excluded areas shall be dashed.

(Ord. 341 § 1 (19.5.300 (part)), 1979)

The final map shall show all survey and mathematical information and data necessary to locate all monuments and to locate and retrace all interior and exterior boundary lines appearing thereon, including bearing and distance of straight lines, and central angle, radius, and arc length of curves, and such information as may be necessary to determine the location of the centers of curves.

(Ord. 341 § 1 (19.5.300 (part)), 1979)

All lots and blocks and all parcels offered for dedication for any purpose shall be particularly delineated and designated with all dimensions, boundaries and courses clearly shown and defined in every case. Parcels offered for dedication other than for streets or easements shall be designated by letter. Sufficient linear, angular and curve data shall be shown to determine readily the bearing and length of the boundary lines of every block, lot and parcel which is a part thereof. Sheets shall be so arranged that no lot is split between two or more sheets, and wherever practicable, blocks in their entirety shall be shown on one sheet. No ditto marks shall be used for lot dimensions. Lot numbers shall begin with the numeral "1" and continue consecutively throughout the tract, with no omissions or duplications.

(Ord. 341 § 1 (19.5.300 (part)), 1979)

The map shall show the right-of-way lines of each street, and the width of any portion being dedicated, and widths of any existing dedications. The widths and locations of adjacent streets and other public properties within fifty feet of the subdivision shall be shown. If any street in the subdivision is a continuation or approximately a continuation of an existing street, the conformity or the amount of nonconformity of the street to the existing streets shall be accurately shown. Whenever the centerline of a street has been established or recorded, the data shall be shown on the final map.

(Ord. 341 § 1 (19.5.300 (part)), 1979)

The side lines of all easements shall be shown by fine dashed lines. If any easement already of record cannot be definitely located, a statement of the existence, the nature thereof, and its recorded reference shall appear on the title sheet. Distances and bearings on the side lines of lots which are cut by an easement shall be arrowed or so shown that the map will indicate clearly the actual lengths of the lot lines. The widths of all easements and sufficient ties thereto to definitely locate them with respect to the subdivision shall be shown. All easements shall be clearly labeled and identified. If an easement shown on the map is already of record, its recorded reference shall be given. If an easement is being dedicated by the map, it shall be set out in the owner's certificate of dedication.

(Ord. 341 § 1 (19.5.300 (part)), 1979)

The map shall show all building setback lines which do not conform with the zoning ordinance, by long dash lines, and shall be labeled.

(Ord. 341 § 1 (19.5.300 (part)), 1979)

The map shall show the mean high water line with a fine continuous line in case the subdivision is adjacent to a waterway, and shall also show with a fine continuous line any lots or portions thereof which are subject to inundation by a one-hundred-year frequency storm.

(Ord. 341 § 1 (19.5.300 (part)), 1979)

The map shall show fully and clearly what stakes, monuments or other evidence to determine the boundaries of the subdivision were found on the ground and each adjacent corner of each adjoining subdivision or portion thereof, by lot and block numbers, tract name or number, and place of record, by section, township and range, or other proper designation. Any monument or benchmark, as required by this title, that is disturbed or destroyed before acceptance of all improvements, shall be replaced by the subdivider. The following required monuments shall be shown on the final map:

1. The location of all monuments placed in making the survey. If any points were reset by ties, that fact shall be stated;
2. Concrete monuments depressed below street grade with case iron ring and cover of a type approved by the city engineer shall be set at intersections of street centerline tangents or offsets therefrom, or as required by the city engineer. The exact location of all such monuments shall be shown on the final map;
3. All lot corner pipes;
4. Monuments shall be set after approval of the final map by the city council, and prior to acceptance of the public improvements by the city council;
5. Any monument or benchmark required by this title, that is disturbed before acceptance of all improvements, shall be replaced by the subdivider.

(Ord. 341 § 1 (19.5.300 (part)), 1979)

The title sheet of the map, below the title, shall show the name of the engineer or surveyor, together with the date of the survey, the scale of the map and the number of sheets. The following certificates, acknowledgments and description shall appear on the title sheet of the final maps, and the certificates may be combined where appropriate:

1. Certificate by Parties Holding Title. A certificate in accordance with the provisions of the Subdivision Map Act;
2. Dedication Certificates. A certificate in accordance with the Subdivision Map Act;
3. Engineer's Certificate. A certificate in accordance with the Subdivision Map Act;
4. Certificate to be Executed. Certificates for execution by each of the following:
5. City engineer,
6. Secretary to the city planning commission,
7. City clerk,
8. County recorder;
9. Description of Property. A brief description of all property being subdivided. Each reference in the description to any tract or subdivision shall show a complete reference to the book and page of records of the county. The description shall also include reference to any vacated area with the number of the ordinance of vacating thereof;
10. Other Affidavits. Such other affidavits, certificates, acknowledgments, endorsements and notarial seals as are required by law and by this title;
11. Certificate Regarding Tax Lien. Prior to the filing of the final map with the city council, the subdivider shall file the certificates and documents set forth in Article 8 of the Subdivision Map Act or any amendment thereto relating to taxes and assessments.

(Ord. 341 § 1 (19.5.300 (part)), 1979)

Prior to the approval by the city council of the final map, the subdivider shall execute and file an agreement between himself and the city, providing that within a twelve (12) month period in which he or his agent or contractor, shall complete all improvement work and providing that if he shall fail to complete such work within such period, the city may complete the same and recover the full cost and expense thereof from the subdivider. The agreement shall provide for the inspection of all improvements by the city engineer. Such an agreement shall include such stipulations as may be required to assure completion of the subdivision in accord with the requirements of the city.

The agreement may also provide the following:

1. For the construction of the improvements in units; 2. For extension of time under conditions therein specified.

(Ord. 609, 2023)

1. The subdivider shall file with the agreement required by the provisions of Section 17.20.150 of this chapter, to assure his full and faithful performance thereof, a bond or security for such sum as the city engineer deems sufficient to cover the cost of the improvements. The security shall be in the manner, form and kind provided by the Subdivision Map Act. The security shall generally be in the amount of one hundred percent of the estimated cost of the improvements, conditioned upon the faithful performance of his agreement by the subdivider, and in the additional amount of one hundred percent of such sum securing the payment by the subdivider to his contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials to them for improvements. The security provided shall guarantee maintenance and/or repair of all defects in required public improvements for a period of one year following acceptance of the improvements by the city.
2. In lieu of a one hundred percent performance bond and one hundred percent labor and materials bond, surety may be assured by the filing of an instrument of credit, cash deposit, or deposit of negotiable bonds, which creates a trust fund in an amount equal to two hundred percent of the cost of the work estimated by the city engineer. The trust fund shall be maintained in a financial institution subject to regulation by the state and federal governments with the trust fund limited to the following conditions:
3. Ten percent of the cost, representing a labor and materials deposit, to be retained for thirty-five days after the filing of the notice of completion;
4. Funds may be discharged from the balance of the surety account from time to time as work is completed, up to ninety percent of value of work completed, with authorization of the city engineer, until all work is completed and the notice of completion is filed;
5. Prior to the final acceptance by the city of improvements, the subdivider shall provide the city with a one-year maintenance bond in the amount of ten percent of the estimated cost of improvements.
6. In the event the subdivider fails to complete all improvement work in accordance with the provisions of this title and the city has completed them, or if the subdivider fails to reimburse the city for the cost of incidental expenses or to cover the cost of replacement and repair of existing streets or other improvements damaged in the development of the subdivision or requiring repair or replacement during the one-year guarantee period, the city shall demand performance of the agreement by the bonding company, or use the cash or other security deposit placed with the city by the subdivider to do the work and reimburse itself for the cost of work agreed to be performed by the subdivider. If the amount of the surety bond or cash deposit exceeds all costs and expenses incurred by the city, the city shall release the remainder of the bond or certification less the cost and expense incurred by the city. The subdivider shall be liable to the city for any costs additional to those secured, in an action to be brought therefor by the city.
7. The city will require that the completion of all improvements be secured under the provisions of this title and will not permit completion of the improvements by assessment act financing.
8. All required improvements shall be constructed under the inspection of the director of public works, planning director and/or the city engineer. The cost of inspection of work shall be paid by the subdivider in an amount, as determined by the city engineer, sufficient to pay for the inspection, and in no case less than as adopted via City Council Resolution of the estimated cost of the improvements.
9. No extension of time, progress payments from cash deposits, or releases of surety bond or cash deposit shall be made except upon the certification by the city engineer that the work covered thereby has been satisfactorily completed, and upon approval of the city council.

(Ord. 609, 2023)

Upon receipt of the final map and other data submitted therewith, the city engineer shall examine them to determine that the subdivision as shown is substantially the same as it appeared on the tentative map, and any approved alterations thereof, that all provisions of this title or any other ordinance and the Subdivision Map Act 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. If the city engineer determines the final map is not in full conformity with the tentative map, he shall advise the subdivider of the changes or additions that must be made for such purposes and shall afford the subdivider an opportunity to make such changes or additions. If the city engineer finds the final map to be in correct form and the matters shown therein are sufficient, the city engineer shall endorse his approval thereon and transmit it to the city council for approval.

(Ord. 341 § 1 (19.5.600), 1979)

The planning director shall certify to the city engineer that the final map is in full conformity with the approved tentative map, and all provisions of the zoning ordinance, by endorsing his approval thereon.

(Ord. 341 § 1 (19.5.700), 1979)

At its first regular meeting following the filing of the final map with the city clerk by the city engineer as aforesaid, the city council shall consider the map, the plan of subdivision, and the offers of dedication. The council may reject any or all offers of dedication, and may, as a condition precedent to the acceptance of any streets or easements or the approval of the subdivision, require the subdivider, at his option, to either improve or agree to improve the streets, install such drainage and utility structure and service as it determines, and within the period it specifies. The agreement shall include and have incorporated as part thereof, the plans, specifications and profiles referred to and required under Section 17.20.150. If the city council determines that the map is in conformity with the requirements of this title, that it is satisfied with the plans of subdivision, and accepts all offers of dedication, it shall approve the map and the city clerk shall thereupon so certify upon the map and transmit it to the clerk of the board of supervisors of the county in conformity with the Subdivision Map Act.

(Ord. 341 § 1 (19.5.800), 1979)

If the city council determines either that the map is not in conformity with the requirements of this title, or that it is not satisfied with the plans of subdivision, or if it rejects any offer or offers of dedication, it shall disapprove the map specifying its reason therefor and the city clerk shall in writing advise the subdivider of the disapproval, and of the reason or reasons for the disapproval. Within thirty days after the city council has disapproved any map, the subdivider may file with the city engineer a map altered to meet the approval of the city council. In such case the city engineer shall review the altered map for conformance with the requirements of the city council and shall then submit the altered map to the city council for its approval along with a certification that the altered map is technically correct. No final map shall have any force or effect until it has been approved by the city council and no offer of dedication shall be accepted until the county clerk has recorded the map with the county recorder.

(Ord. 341 § 1 (19.5.900), 1979)

When the city council has approved the final map as set forth in this chapter, and when the subdivider has filed with the city clerk the applicable agreement and sureties, and when the agreement and sureties have been approved by the city attorney, as to form and sufficiency, the city clerk shall present the map to the county clerk, who shall recorded it with the county recorder.

(Ord. 341 § 1 (19.5.1000), 1979)

The city council may approve the modification of a recorded final map under the following conditions and directions:

A recorded final map may be modified by a certificate of correction or an amending map, if the city council finds that there are changes in circumstances that make any or all of the conditions of the map no longer appropriate or necessary and that the modifications do not alter any right, title, or interest in the real property reflected on the recorded map, and the city council finds that the map as modified conforms to Section 66474 of the Subdivision Map Act.

Any modification shall be set for public hearing as provided for in Section 66451.3 of the Subdivision Map Act. The city council shall confine the hearing to consideration of and action on the proposed modification.

A certificate of correction or amending map shall be prepared by a registered civil engineer or licensed surveyor prior to approval by the city council and be certified by the city engineer prior to filing at the office of the county recorder.

(Ord. 549, Art. 1, 2015)

At the time of filing a final subdivision map, amending map, or certificate of map correction the applicant shall pay such fees as established by resolution of the city council.

(Ord. 549, Art. 1, 2015)