Chapter 7 — FINAL MAPS

Section

6-7-1 Filing; time limit

6-7-2 Filing; procedure

6-7-3 Preliminary soil report and geologic reports

6-7-4 Review by City Engineer

6-7-5 City Council action

6-7-6 Preparation; licensed person

6-7-7 Preparation; printing size

6-7-8 Preparation; scale; numbering

6-7-9 Title

6-7-10 Property description

6-7-11 Subdivision boundary

6-7-12 Certificates and acknowledgments

6-7-13 Lots and parcels designated

6-7-14 Bearings; length of lines; curve data

6-7-15 Highways, roads and public use areas

6-7-16 Easements

6-7-17 County or city boundary lines

6-7-18 Survey monuments

6-7-19 Land subject to inundation

6-7-20 Adjacent subdivisions

6-7-21 Subdivision shown in multiple units

6-7-22 Passage of title

6-7-23 Offers of dedication; rejection

6-7-24 Offers of dedication; termination and abandonment

6-7-25 Survey procedures

(A) Within 12 months after the date of approval, or conditional approval, of the tentative map by the Planning Commission, or any extension thereof, the subdivider may cause the subdivision or any part thereof to be accurately surveyed and a final map to be prepared and filed. The final map shall conform to the tentative map, as approved, and shall comply with all provisions of this title.

(B) The final map shall be submitted with the City Clerk not less than 60 days prior to the date by which the map must be

recorded in order to permit the actions by the City Engineer, the City Council, and the County Recorder, as required by this title and the Subdivision Map Act.

(C) See § 6-6-13 of this title for failure to record a final map within the specified time limits.

(Ord. 295, passed 2-4-1986)

(A) When filed. The final map may be filed when it is completed and all required improvement plans and certificates except the approval certificate of the City Council has been signed and acknowledged where necessary. (Note: a final map shall not be considered as filed until the City Engineer has reviewed and certified the map in accordance with the procedure specified in § 6- 7-4 of this chapter.)

(B) With whom filed. The filing shall be with the City Clerk.

(C) Documents filed.

1. The original final map and nine copies shall be filed.

2. Evidence of title, acceptable to the County Recorder, shall be secured from a title company indicating that, as shown by

the public records, the parties whose signatures appear on the map and consent to the recordation of the map are all the parties having a record title interest in the land being subdivided and whose signatures are required by the Subdivision Map Act.

3. Memorandum for the City Engineer containing the following data shall accompany the map:

(a) The total area of the tract submitted;

(b) The total area in streets and the total linear length of streets;

(c) The total area in lots;

(d) The total number of lots;

(e) The area in parks, school sites or other lands offered for dedication or reserved for future public or quasi-public uses;

(f) The proposed use of the lots; and

(g) Total areas for each of the proposed uses.

4. Two copies of the protective covenants, if any, that are to be recorded shall accompany the map.

5. Improvement plans shall be submitted showing all of the improvements required herein and all others proposed to be

installed by the subdivider, in, on, over or under any road, right-of-way, easement or parcel of land dedicated by the map. Sepias and two sets of blueprints shall be submitted when final map is filed.

6. All notes, sheets and drawings showing traverse closure and the computation of all distances, angles and courses

shown on the final map and ties to existing and proposed monuments, and adjacent subdivisions shall accompany the map, when required by the City Engineer.

7. All fees as hereinafter specified shall be paid.

8. A statement from the county tax collector shall be secured showing that there are no liens against the subdivision or any

part thereof for unpaid taxes or special assessments collected as taxes, except taxes or special assessments not yet payable.

9. A statement shall be secured from the County Auditor-Controller giving his or her estimate of the amount of taxes and

assessments which are a lien but which are not payable.

10. All necessary agreements and contracts, bonds and deposits as required by this chapter shall accompany the final

map.

(Ord. 295, passed 2-4-1986)

(A) Preliminary soil report. A preliminary soil report shall be prepared by a civil engineer who is registered by the state, based upon test borings or excavations unless waived as hereinafter provided. Said borings or excavations shall be taken at specific locations determined by the City Engineer or at random locations if no specific locations are established. Not less than one test shall be made for every 40 lots or ten acres, whichever represents the lesser area, and in no case shall there be less than two borings for each subdivision. The City Engineer may require additional tests when he or she determines the soil conditions within the subdivision are so varied that additional tests will be needed. If the City Engineer has knowledge of the soil qualities of the subdivision, he or she may waive some or all of the borings upon request of the subdivider’s engineer stating he or she is familiar with the soils and recommends a waiver based upon a soils report previously performed. The borings shall be at least ten feet in depth. The depth of borings shall be adjusted to represent soil profiles after any proposed lot grading and shall take into consideration the soil embankments have been completed. The preliminary soil report shall contain the following information as a minimum:

1. The expansive qualities of the soils encountered where foundations are to be placed;

2. Recommended bearing values for the soils;

   3. Whether other soil problems exist which, if not corrected, could lead to structural defects; and

   4. Copies of the test boring analysis.

(B) Soil investigations.

1. If the preliminary soil report indicates the presence of critically expansive soils, or other soils or fills would be of such

depth that foundations will not rest on original ground, a soil investigation shall be prepared for each lot in the subdivision by a civil engineer who is registered by the state. The soil investigation report shall include the following:

(a) The physical properties of subsurface formation;

(b) The composition of subsurface soil and rock and groundwater conditions;

(c) The stability of anticipated cut or fill slopes;

(d) The general type of site grading; and

(e) Recommendations on corrective actions which are likely to prevent structural damage to each dwelling to be

constructed. These recommendations may include the requirement that the corrective work must be under the supervision of a registered civil engineer.

2. The soil investigation shall be reviewed by the City Engineer who shall approve the investigation if he or she determines

that the recommended action is likely to prevent structural damage to each dwelling to be constructed.

(C) Waiver of soil report. The City Engineer or City Manager may waive the preliminary soil report if he or she has knowledge of the soil qualities within the subdivision upon request of the subdivider’s engineer stating he or she is familiar with the soils and recommends a waiver based upon a soils report previously performed.

(D) Approval where soils problems exist. The City Council may approve the subdivision or portion thereof where soils problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed and as a condition to the issuance of any building permit, may require that the approved, recommended action be incorporated in the construction of each structure.

(E) Notice of soil or geologic report. When a soil report, a geologic report or soil and geologic report or soils report waiver have been prepared specifically for the subdivision, such fact shall be noted on the final map, together with the date of such report or reports, the name of the engineer making the soil report and geologist making the geologic report and a statement indicating that the reports are on file for public inspection with the city.

(Ord. 295, passed 2-4-1986)

(A) Upon receipt of the final map, the Planning Director shall refer five copies of the map, accompanied by the memorandum for the City Engineer and one copy of the protective covenants, to the City Engineer for review and report.

(B) The Planning Director shall refer all easements for public utilities to the proper public utility for review and recommendations.

(C) The City Engineer or Planning Director shall check and determine the corrections of surveying data, plans and profiles, and specifications of improvements, certificates of dedication, acceptances of dedication and acknowledgments, and such other matters as require checking to ensure compliance with this title.

(D) If the final map and all accompanying materials are in the correct form prescribed by this title, and the matters shown thereon are sufficient, their corrections shall be certified on the map by the Planning Director by his or her signature within 20 days of receipt.

(E) The City Engineer shall thereupon transmit said map together with said other materials to the Planning Director for presentation to the City Council.

(Ord. 295, passed 2-4-1986)

(A) Approval of map.

1. The City Council shall, within a period of ten days after the filing of the final map for approval or at its next regular

meeting after the meeting at which it receives the map, whichever is later, shall consider said map to determine if it is in conformity with all the requirements of this title and the Subdivision Map Act applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder, or if it does not so conform, disapprove the map.

2. Approval by the City Council shall at the time include, but shall not be limited to, the acceptance or rejection of any or all

offers of dedication and shall, as a condition precedent to the acceptance of any roads or easements, require that the subdivider agree to improve the roads and easements. If at the time the final map is approved, any streets, paths, alleys or storm drainage easements are rejected, the offer of dedication shall remain open, and the City Council may, by resolution at any later date and without further action by the subdivider, rescind its action and accept and open the streets, paths, alleys or storm drainage

easements for public use, which acceptance shall be recorded in the office of the County Recorder.

3. Upon approval of the map by the City Council by resolution, a delegate of the city shall deliver the map duly certified to

the County Recorder for recordation.

(B) Disapproval of map.

1. If the City Council determines either that the map is not in conformity with the requirement set forth in this title, or the

approved tentative map, or that the proposed improvements do not meet city improvement standards, the City Council shall disapprove such final map, specifying its reason or reasons therefor, and the Planning Director shall in writing, advise the subdivider of such disapproval and said reason or reasons.

2. The subdivider may file a new final map with the city, altered to conform to all the requirements of this title.

(Ord. 295, passed 2-4-1986)

The final map shall be prepared by or under the direction of a registered civil engineer or licensed surveyor. All data, profiles and other engineering drawings submitted with the final map shall be prepared and signed by a registered civil engineer.

(Ord. 295, passed 2-4-1986)

(A) 1. The final map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film, including affidavits, certificates and acknowledgments, except that such affidavits, certificates and acknowledgments may be legibly stamped or printed upon the map with opaque ink.

2. Signatures shall be in opaque black ink. If ink is used on polyester based film, the ink surface shall be coated with a

suitable substance to assure permanent legibility.

(B) The size of each sheet of map shall be 18 inches by 26 inches a line shall be drawn around each sheet leaving an entirely blank margin of one inch.

(Ord. 295, passed 2-4-1986)

(A) The scale of the map is recommended to be one inch equals 100 feet; except that subdivisions with lots of two and one- half acres or greater may use a scale of one inch equals 200 feet or the City Engineer can require one inch equals 50 feet of complexity if detail so warrants.

(B) When the final map consists of more than two sheets, a key map drawn to a scale of one inch equals 1,000 feet, shall be placed on sheet number one indicating the relationship among all sheets.

(C) The particular number of each sheet and the total number of sheets comprising the map shall be stated on each of the sheets and its relation to each adjoining sheet be clearly shown.

(Ord. 295, passed 2-4-1986)

The title of each final map shall consist of a tract number conspicuously displayed at the lower left hand corner of the sheet followed by the words “consisting of sheets” (showing the number thereof followed by the words “in the City of Livingston”).

(Ord. 295, passed 2-4-1986)

(A) Below the title shall appear a description of all the property being subdivided, by reference to such map or maps of the property shown thereon as previously recorded or filed in the County Recorder’s office or previously filed with the County Recorder pursuant to a final judgment in any action in partition, or previously filed in the office of the County Recorder under authority of Cal. Business and Professions Code Chapter 3, Part 2 of Division 4, or by reference to the plat of any United States survey.

(B) Each reference, in such description, to any tract or subdivision shall be spelled out and worded identically with the original records and must show a complete reference to the book and page of records of the County Recorder. The description shall also include reference to any abandonment with the date, book and page of records of the County Recorder.

(Ord. 295, passed 2-4-1986)

(A) The boundary line of a subdivision shall be indicated on the final map by approximately one-sixteenth inch wide border

outside such boundary line and shall not obliterate any line, figure or other data appearing on the map.

(B) All lines shown on the map which do not constitute a part of the subdivision itself shall be clearly distinguishable from those lines which are a part of the subdivision.

(Ord. 295, passed 2-4-1986)

(A) Certificates and acknowledgments as are required by this title and the Subdivision Map Act shall appear on the title sheet of the final map, unless their omission is permitted in the manner provided by the Subdivision Map Act.

(B) When a soils report has been prepared, or soils report waiver granted, this fact shall be noted on the final map as specified in the Subdivision Map Act, Cal. Gov’t Code § 66434(f).

(Ord. 295, passed 2-4-1986)

A lot shall be shown in its entirety on one sheet.

(A) Designation. The final map shall particularly define, delineate and designate all lots intended to be reserved for private purposes, all parcels offered for dedication for any purpose and any private roads, with all dimensions, boundaries, and courses clearly shown and defined in every case. Parcels, alleys, pedestrian walkways or easements shall be designated by number.

(B) Lot numbers. The lots shall be numbered consecutively beginning with the numerical “1” and shall continue without omission or duplication throughout the entire tract, except that, the Planning Director may require that lot numbering for adjoining tracts having similar names begin with the number following the number of the last lot of the previously recorded adjoining subdivision.

(C) Area designation. Each lot containing an area of one acre or more shall have designated thereon to the next acreage of such lot shown not less accurately than to the nearest one-hundredth of an acre.

(Ord. 295, passed 2-4-1986)

(A) The bearings and length of each lot line, block and boundary line shall be shown on the final map, provided that, when bearings or lengths may be omitted from each interior parallel lot line of such series, each required bearing and length shall be shown in full and no ditto mark or other designation of repetition shall be used.

(B) The length, the radius, the total central angle of each curve, and the central angle and length of each segment within each lot shall be shown thereon.

(C) The distances and bearings on the side lines of lots which are cut by easements shall be so arrowed or shown as to indicate clearly the actual length of each lot line.

(Ord. 295, passed 2-4-1986)

(A) Data required.

1. For each highway and road the following shall be shown:

(a) Width of existing right-of-way;

(b) Width of portion to be dedicated, if any;

(c) Centerline right-of-way width on each side; and

(d) Centerline data, as follows:

(1) Distance between centerlines of streets and points of tangency;

(2) Length of each tangent;

(3) Radius;

(4) Central angle; and

(5) Length of each curve.

2. For each alley and pedestrian walkway, the following shall be shown:

(a) Total right-of-way; and

(b) Bearings and distances as needed.

3. For each water lot and other parcel offered for public or private use, the following shall be shown:

   (a) The intended use; and

   (b) Dimensions of parcel (with bearings and distances as needed).

(B) Nonaccess lines. Nonaccess lines shall be shown on the final map. The certificate shall indicate therein where direct access rights are being relinquished.

(C) Road names. Each road shown on the final map shall have a name. The road name shall be subject to approval by the City Council.

1. Where a road within the subdivision coincides with an alignment for which the City Council has previously designated a

street name, the same street name shall be shown on the final map.

2. Each road which is to be dedicated, which is a continuation of, or approximately the continuation of any existing

dedicated road or way, shall be given the same name as such existing road.

3. The words “avenue”, “boulevard”, “place”, or other designation of any such road or way shall be spelled out in full on the

final map and have a proper indication of north, south, east or west as a prefix thereto.

(D) Dedication. If a highway, road, alley, pedestrian walkway or other parcel intended for public use is being dedicated by a final map, it shall be properly designated on the map and set out in the owner’s certificate of dedication on the map.

(E) Private roads. The same data shall be shown for private roads to define their boundaries as is required for public roads in subsection (A) of this section, and also sufficient mathematical data to show clearly the portion of each lot within such road. Private roads shall be designated by name and shall have inserted within the limits thereof the words “not a public road”, and shall be shown on the map by heavy dashed lines.

(F) Private roads; dedication. If a road is approved by the City Council as a private road, it shall be dedicated for the private use of the lot owners which it is intended to serve. Where the approved private road shall be intended to serve a lot or lots, each consisting of less than 20 acres, that road shall be offered for dedication for public use but rejected at the time of the approval of the final map.

(Ord. 295, passed 2-4-1986)

(A) Location, width and ties. The final map shall show the width, the sidelines or centerlines, and sufficient ties to definitely locate such easement to which the lots in the subdivision are subject. If the location of such easement cannot be definitely determined a statement shall be placed on the map acknowledging the existence of such easement.

(B) Designation, notes and figures. Each easement shown for any canal, ditch, storm drain, sewer, utility shall be designated by a fine dashed line and clearly labeled and certified with all notes and figures pertaining thereto subordinate in form and appearance to those relating to the subdivision itself. If the easement is of record, the record reference shall be shown.

(C) Dedication. If an easement is being dedicated by a final map, it shall be properly set out in the owner’s certificate of dedication on the map.

(Ord. 295, passed 2-4-1986)

Each city or county boundary line crossing or adjoining the subdivision shall be shown upon the final map and such line shall be clearly designated and tied in. No lot shall be divided by a county, city, school or special district boundary line.

(Ord. 295, passed 2-4-1986)

The final map shall show the location and type of all monuments placed in accordance with §6-7-25 of this chapter.

(Ord. 295, passed 2-4-1986)

(A) Floodwater. If any portion of the land within the subdivision shown on any final map is subject to inundation or final hazard by stormwaters, such fact and portion shall be clearly shown by a prominent note on each sheet of such final map.

(B) Overflow or ponding. If any portion of such land is or will be subject to periodic sheet overflow, or bonding of local or foreign stormwater, the Planning Director, after consulting with the engineer, shall so inform the State Real Estate Commission.

(C) Natural watercourses. The location of any watercourse, channel, stream or creek which functions as a drainageway shall be shown on the final map. In the event said watercourses, channel, stream or creek is to be relocated, only the new location need be shown on the final map.

(Ord. 295, passed 2-4-1986)

The final map shall show the tract number (and name, if any) of abutting subdivisions.

(Ord. 295, passed 2-4-1986)

The recordation of the final map and the construction of subdivision improvements may be performed in two or more units, provided that each unit must have a separate tract number and further provided that the subdivider, at the time the tentative map was filed with the Secretary of the Planning Commission, indicated on the subdivider’s statement that is required pursuant to § 6-6-6 of this title, his or her intention to file multiple final maps. No bonds, deposits, payments or other security need be furnished for the deferred unit or units until the final map for the deferred unit or units is submitted to the City Council within the time limits set forth in this title for the filing of a final map.

(Ord. 295, passed 2-4-1986)

Title to dedicated property shall pass upon its acceptance by the City Council and recordation of the final map. The responsibility for maintenance of improvements shall not pass to the city until the improvements have been accepted by the City Council pursuant to Cal. Streets and Highways Code § 941.

(Ord. 295, passed 2-4-1986)

If at the time the final map is approved, any streets, paths, alleys, facilities right-of-way for local transit, and similar items, which directly benefit the residents of a subdivision or storm drainage easements are rejected, the offer of dedication shall remain open and the Council may by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, paths, alleys and right-of-way for local transit facilities and similar items, which directly benefit the residents of a subdivision, or storm drainage easement for public use, which acceptance shall be recorded in the office of the County Recorder.

(Ord. 295, passed 2-4-1986)

(A) Offers of dedication which are covered by § 6-7-23 of this chapter may be terminated and abandoned in the same manner as prescribed for abandonment or vacation of street by Cal. Streets and Highways Code Part 3 (commencing with § 8300) of Division 9 or by Chapter 2 (commencing with § 940) of Division 2, whichever is applicable.

(B) Except as provided in the Subdivision Map Act, Cal. Gov’t Code §§ 66499.16, 66499.17 and 66499.18, if a resubdivision or reversion to acreage of the tract is subsequently filed for approval, any offer of dedication previously rejected shall be deemed to be terminated upon the approval of the map by the City Council.

(Ord. 295, passed 2-4-1986)

(A) Accuracy. The procedure and practice of all survey work done on any subdivision, in the preparation of a final map, shall conform to the accepted standards of the engineer’s profession. The accuracy of all boundary surveys done in connection with any subdivision shall have a precision of one in 10,000.

(B) Existing centerlines. In the event the City Engineer, the State Highway Engineer or the County Director of Public Works has established the centerline of any street or alley in or adjoining a subdivision. the final map shall show such centerline together with reference to a filed book or map showing such centerline and the monuments which determine its position. If determined by ties, that fact shall be stated upon the final map.

(C) Existing monuments. Each final map shall fully and clearly show and identify such monuments or other evidence determining the boundaries of the subdivision as were found on the ground, together with sufficient corners of adjoining subdivisions, by lot and block number, tract name and place of record, or by section, township and range, or other proper designation as may be necessary to locate precisely the limits of the subdivision and to permit the survey to be retraced.

(D) New monuments.

1. The location and size of all monuments placed in making the survey shall be shown and, if they were reset by ties, that

fact shall be shown. All monuments on the exterior boundary of the subdivision, except those within construction zones, shall be placed prior to the approval of the final map. All interior monuments shall be set subsequent to the completion of the subdivision improvements and security shall be presented by the subdivider as provided for in the Subdivision Map Act, Cal. Gov’t Code § 66496.

2. Notice of setting final monuments shall be given and payment to the engineer or surveyor for setting of final monuments

shall be made provided by the Subdivision Map Act, Cal. Gov’t Code § 66497.

3. Monuments shall be placed and shall be of the type specified by the city’s improvement standards.

   4. The City Engineer may allow the use of offset monuments, properly tied to reference monuments, when necessary due to terrain, waterways or other monuments other than those specified in subsections (D)1. and (D)2. of this section.

(E) Monuments; replacement. Before street improvements are accepted, all existing monuments disturbed by the placement of any improvements shall be reset.

(F) Bench marks. Bench marks shall be set at locations required by the City Engineer. The datum for the area within the city shall be based upon datum established by the United States coast and geodetic survey sea level datum, 1929, as amended.

(G) Standard plaque; numbering and location; information. Identification of monuments and bench marks shall be through the use of a standard plaque. Descriptions of all monuments and bench marks shall be furnished to the City Engineer for inclusion in his or her records.

(H) California coordinate system. All surveys required by this title, or necessary to the subdivision of land, shall conform to the California coordinate system when required by the City Engineer. When required, each final map shall show the California coordinate of every monument, and all California coordinates shall be issued and shown on all traverse closure sheets, and other notes and ties which are required by § 6-7-20 of this chapter.

(I) Mathematical accuracy. The blocks and lots of each final map or approved map or record shall have a mathematical accuracy of closure to one in 10,000.

(Ord. 295, passed 2-4-1986)