Lompoc Municipal Code Ch. 16.20 Final Map Procedure

Prior to expiration of approval of the tentative map, the divider may cause the subdivision or any part thereof to a final map to be prepared and filed in substantial conformance with the tentative map as approved.

(Prior code § 2833)

A. Form. The final map shall be in the following form:

1. To a scale large enough to show the details clearly, minimum scale of 100 feet to the inch, using more than one sheet if necessary to illustrate the entire subdivision and adjacent streets and improvements required to be shown. The original shall be drawn in black ink upon a tracing cloth or polyester base film of good quality and the size of the sheets shall be 18 inches by 26 inches. All sheets shall have a one-inch margin on all of the borders and, if the County Recorder requires, shall have a larger left border or margin.

2. Each sheet shall be numbered, the relation of one sheet to another clearly shown, and the number of sheets used in the map shall be set forth in the title of the map. If more than two sheets are necessary for the map, an index map shall be furnished.

3. The title of each final map shall consist of a tract number conspicuously placed at the lower right hand corner of the sheet followed by the words, "consisting of _____ sheets" (and showing the number thereof), followed by the words, "lying within the City of Lompoc."

4. The title sheet shall also contain a subtitle giving a general description of the property being subdivided by reference to maps which have been previously recorded or by reference to the plat of any U.S. Survey. Each reference and such description of any tract or subdivision shall be spelled out and worded identically with the original record thereof and references to book and page of the record or plat book must be complete.

B. The final map shall show the following:

1. Boundaries and Streets. The exterior boundaries of the subdivision accented by a blue line, one-quarter inch wide; the border lines and centerlines of all existing and proposed streets with their widths and names; all of the portions intended to be dedicated to the public use.

2. Adjacent Streets. The lines of all adjoining properties, the lines of adjacent streets and alleys, showing their width and names.

3. Lot Lines and Numbers. All lot lines and numbers for all lots. All block numbers. All lots are to be numbered consecutively throughout the subdivision, starting with number one. In the event there is a unitary or single development which involves more than one subdivision, the lots shall be numbered consecutively commencing with the last number of a prior subdivision.

4. Easements and their purposes.

5. Dimensions and Areas. All survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing on the map, including bearings and distances of straight lines and radii and arc or chord bearings and length for all curves and such information as may be necessary to determine the location of the center of curves. Lateral dimensions shall be expressed in feet and hundredths of feet or metric units. The area of each lot shall be shown in square feet or acreage.

6. Monuments. All permanent monuments together with their descriptions showing fully and clearly their location and size, including references and referenced dimensions.

7. Title and Description. The title and description of the property being subdivided, including showing its location and extent, points of the compass, scale of the plan, the basis of bearings, and name of the divider and of the engineer or surveyor plotting the tract.

8. Flooding. The boundaries of any areas within the subdivision which are subject to inundation of water. The location, direction of flow and dimensions of all water courses, both natural and man made.

9. City Boundaries. City boundaries which adjoin the subdivision shall be clearly designated and located in relation to adjacent lot or block lines. No lot shall be divided by a City boundary line.

10. Access. The location of the relinquishment of vehicular or pedestrian access shall be clearly shown by the use of connected black ink triangles and descriptive wording describing what access has been surrendered and to whom it has been surrendered.

C. The following additional material shall be submitted with or on the final map.

1. Traverse Sheets. The subdivider shall furnish the City Engineer traverse sheets prepared by a registered civil engineer or licenses surveyor, showing mathematical closure within one to 20,000 feet of the exterior boundary of the tract, of each block within the tract, and of each lot.

2. Certificates. The following certificates and acknowledgments and all other required by law shall appear on the final map. Such certificates may be combined where appropriate.

3. Owner's Certificate. A notarized certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the final map is required, except as follows:

a. Neither a lien for State, county, municipal or local taxes, nor for special assessments, nor a trust interest under bond indentures, nor mechanics liens constitute a record title interest in land for the purpose of this Title.

b. The signature of either the holder of beneficial interests under trust deeds or the trustee under such trust deeds, but not both, may be omitted. The signature of either shall constitute a full and complete subordination of the lien of the deed of trust to the map and any interest created by the map.

c. Signatures of parties owning the following types of interests may be omitted if their names and the nature of their respective interests are stated on the final map: Rights-of-way, easements or other interests which cannot ripen into a fee, except owned those by a public entity or public utility. If, however, the City Council determines that division and development of the property in the manner set forth on the final map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement, the signature of such public entity or public utility may be omitted. Where such determination is to be made, the provisions of the State Subdivision Map Act Section 66436(c)(1) shall apply and stay and further action on the map until procedures specified therein are exhausted.

d. Rights-of-way, easements or revisions, which by reason of changed conditions, long disuse or laches appear to be no longer of practical use or value and signatures are impossible or impractical to obtain. A statement of the circumstances preventing the procurement of the signatures shall also be stated on the map,

e. Interests in or rights to minerals, including but not limited to oil, gas, or other hydrocarbon substances.

f. Real property originally patented by the United States or by the State of California, which original patent reserved interest to either or both of such entities, may be included in the final map without the consent of the United States or the State of California thereto or to dedications made thereon.

4. Engineer's Certificate. A certificate by the engineer or surveyor responsible for the survey and final map shall appear on the map. The certificate shall give the date of the survey, state that the survey and final map were made by or under the direction of the engineer or surveyor, and that the survey is true and complete as shown.

a. The certificate shall also state that all the monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before a specified later date.

b. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced.

c. The certificate shall state that the map complied to the Subdivision Map Act and the provisions of this Title.

5. City Engineer's Certificate. A certificate by the City Engineer stating that the map has been examined and that it is in accord with the tentative map and any approved alterations thereof, complies with the Subdivision Map Act of the State and the provisions of this Title, and is technically correct.

6. Planning Commission Certificate. A certificate by the secretary of the Planning Commission stating that the tentative map was approved by resolution of the Planning Commission. The date and number of the resolution shall appear in the certificate.

7. City Clerk's Certificate. A certificate for execution by the City Clerk stating the action and date of approval of the final map by the City Council and stating that the City Council accepted, accepted subject to improvement, rejected, or did not accept or reject, on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication.

8. Certificate of Soils Report. If a soils report is required for the subdivision, a certification signed, stamped, and dated by a soils engineer shall appear on the map. The certificate shall read, "A soils report for Subdivision No. __________ was prepared by me or under my direction and was filed with the City on _____(date)_____." If a soils report was not required for the subdivision, a certificate for the Community Development Director or designee shall appear on the map reading, "A soils report for Subdivision No. __________ was waived as a requirement of approval of this map."

9. County Clerk's Certificate. A certificate to be executed by the County Clerk, stating that all certificates and deposits required under Government Code, Sections 66492 and 66493 have been filed and made.

D. The following additional materials shall be submitted at the time of recording of the final map.

1. Tax Certificate. Prior to the filing of the final map, the subdivider shall file with the Clerk of the County of Santa Barbara a certificate from the tax official computing redemptions in Santa Barbara County and in the City of Lompoc, showing that according to the records of his or her 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 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 a good and sufficient bond to be approved by the Board and by its terms made to insure to the benefit of the County upon the payment of all 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 amount, and of the kind approved for securing deposits of public money.

2. Evidence of Title. The subdivider shall present to the County Recorder evidence that, at the time of the filing of the final or parcel map in the office of the County Recorder, the parties consenting to such filing are all of the parties having a record title interest in the real property being subdivided whose signatures are required by the Map Act, as shown by the records in the office of the County Recorder.

(Prior code § 2834)

A. Public Improvement Agreement. Prior to the approval of the final map of the City Council, the subdivider shall install all required public improvements or execute and file an agreement between him or herself and the City, specifying the period within which he or she shall complete all public improvement work to the satisfaction of the City, and providing that if he or she shall fail to complete such work within such period, the City may complete the work and recover the full cost and expense thereof from the subdivider and his or her surety or other security. The agreement shall also provide for inspection of all public improvements by the City and that the cost of such inspections shall be reimbursed to the City by the subdivider. Such agreement may also provide the following:

1. For the construction of the improvements in successive units;

2. For extensions of time under conditions specified by Council;

3. For such conditions whereby the Council finds it necessary or desirable to secure such agreement.

B. Improvement Security. An agreement executed by the subdivider shall be secured by good and sufficient improvement security subject to Chapter 5 (Section 66499 et seq.) and related provisions of the Subdivision Map Act. Improvement security conditioned upon the faithful performance of the Map Act. Improvement security conditioned upon the faithful performance of the agreement shall be in the amount of 100 percent of, and that conditioned upon the payment to a contractor, subcontractors, labor and material men shall be in the amount of 50 percent of the total estimated costs of the improvement. The City Council may specify an amount necessary to guarantee and warranty any public improvement for a period of one year following completion and acceptance thereof. The means of the security may be in the manner and form approved by the Community Development Director or designee and the City Attorney. Improvement security may be released or reduced in whole or in part by the Community Development Director or designee.

C. Construction Insurance. The divider or owner shall obtain liability insurance covering the work of construction for installation of the improvements, which insurance shall name the City of Lompoc as additional insured and shall, for the public liability aspect, be in a minimum of $300,000.00 per occurrence, per person, and $1,000,000.00 per occurrence, and in the amount of $100,000.00 property damage. The policy shall not be cancelable except upon 30 days prior notice to the City of Lompoc. The divider or owner shall file a certificate of insurance indicating the acquisition of such insurance prior to commencement of said construction or installation.

D. Public Improvement Plans. Prior to approval of the final map by the City Council, the subdivider shall provide adequate plans for the installation of all required public improvement at a scale and in detail prescribed by the City Engineer. All such public improvements shall be designed in accordance with the requirements of the standards and plans of the City of Lompoc and the requirements of the City Engineer.

(Prior code § 2836)

A preliminary soil report including the R-value of the sub-grade soil, prepared by a civil engineer, specializing in soil mechanics and registered by the State of California, based upon adequate test borings or evacuations shall be provided by the subdivider. The preliminary soil report or any information thereof, may be waived if the Fire Marshal/Chief Building Official determines the City has knowledge of the soils qualities at the subdivision. If the preliminary soil report or such knowledge 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 specializing in soil mechanics and registered by the State of California. The soil investigation shall recommend corrective action intended to prevent structural damage to each building proposed to be constructed on expansive or unstable soil. The report shall be filed with the City of Lompoc Fire Marshal/Building Official. Additionally, a geologist's report may be required when, in the opinion of the Fire Marshal/Chief Building Official, information contained in the preliminary or formal report or other materials indicates the need for such a report in terms of geological hazards of the area proposed for subdivision.

(Prior code § 2837)

A. Engineering Submittal. Prior to or contemporaneously with submittal of the materials required by Subsection B of this Section, the subdivider shall submit the following material in the manner specified in Subsection C of this Section. The following shall be submitted.

1. Two sets of prints of the final map with supporting traverse sheets showing closure of the subdivision boundary and any non-rectangular parcel.

2. Two sets of prints of improvement plans required by Section 16.20.030 with supporting sewer studies, drainage studies, grading plan and soil tests required for the particular improvements.

B. Preliminary Submittal. The subdivider shall submit the following material in the manner specified in Subsection C of this Section:

1. A soils report prepared in accordance with Section 16.20.040.

2. A title report prepared within 90 days prior to the preliminary submittal.

3. An improvement security estimate which shall include all improvements within public rights-of-way, public easements and utility trench backfill The cost of utility installation shall be included.

4. Deeds for easements or rights-of-way required for street or drainage purposes which will not be dedicated on the final map. Written evidence acceptable to the City in the form of rights-of-entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of any work and permitting the maintenance of any facility.

5. An agreement, acceptable to the City, executed by all owners of all utility and other easements within the proposed rights-of-way, consenting to the dedication or consenting to the joint use of a right-of-way as the City may determine necessary for public use and convenience.

6. Any proposed declaration of covenants. Any declaration of restriction provided under Section 1355 of the Civil Code of the State of California.

C. Review of Submittals.

1. The engineering and preliminary submittals shall be made to the Community Development Director, which shall log the receipt of each item and, noting items required and not submitted, shall give a receipt therefor to the person making the submittals on behalf of the subdivider. Without such proof of receipt of a copy of said submittal, no submittal will be deemed to have been received by the City without actual proof thereof.

2. Engineering submittals shall be forwarded to the Engineering Division. Preliminary submittal matters, other than the engineering submittals, will be forwarded to the Community Development Department.

3. The City Engineer shall immediately review the engineering submittals for corrections. One copy of the submittal shall be returned to the subdivider with dated corrections noted thereon. The other copy will be kept in the Engineering Division with identical corrections marked thereon. Thereafter, all corrected matters will be delivered by the subdivider to the Community Development Director who shall log in the corrected engineering submittals and forward them to the Engineering Division. When said submittals are fully corrected and in final form, the Engineering Division will notify the Department of Public Works of this fact and place a full final and corrected set of the engineering submittals in the subdivision file of the Community Development Department and a note of this fact will be mailed to the subdivider.

4. Upon the determination of the correct plans for improvements the subdivider shall obtain from the Engineering Division, execute and file, a proposed subdivision improvement agreement, together with a draft of proposed security therefore.

5. All submittals forwarded to the Community Development Department will be immediately reviewed thereby to determine their compliance with rules and regulations of the City, statutes and requirements of the Planning Commission. Necessary dated corrections or additions will be noted upon one copy and submitted to the subdivider. An additional copy, with identical notations and commentaries, will be placed in the file in the Community Development Department. When the corrected and complete submittals have been received, one copy thereof will be placed in the Community Development Department subdivision file and note of this fact mailed to the subdivider.

6. Until all engineering and preliminary submittals have been received in full and final form, with corrections and additions having been made as required by the City, and the proposed subdivision improvement agreement and security received, the final map will not be deemed to have been filed with the City for approval by the City Council. The Community Development Department subdivision file, prior to notification to the subdivider that the filing has been deemed to be received, will contain the following:

a. A copy of all original submittals, with correction and addition notations dated and placed thereon; and

b. Final approved copies of all submittals.

D. At such time as the subdivider receives notification as provided in Subsection (C)(6) of this Section, he or she shall file the following with the Public Works Department:

1. The final map application form;

2. The final map in reproducible form with three copies and a filing fee. The filing fee shall be deposited with the City Treasurer upon satisfactorily filing all required materials with the Community Development Department;

3. A boundary traverse map approved by the City Engineer and traverse sheets showing the closure within allowable limits of the exterior boundaries of each irregular block and lot;

4. A grading plan approved by the Community Development Director or designee prior to submission of the final map application;

5. Plans and profile drawings (maximum size 24 inches by 36 inches with a minimum scale of 20 feet to 1 inch) of all streets, water, sewer, and drainage improvements;

6. Improvement agreements and security fully executed by the proper parties;

7. An agreement to extend the ten-day period of approval for final maps under Section 66458 of the Subdivision Map Act for a period of no more than 30 days from the date of filing;

8. Organization Documents. The proposed declaration of covenants and all other organizational documents for the subdivision;

9. All other deeds, agreements and reports required.

E. Department Approvals. The following functions shall be completed within ten days after the filing indicated in Subsection D of this Section.

1. The City Engineer shall examine the plans, profiles, specifications and drawings relating to installation of all improvements to determine conformance thereof to the City's standard details and specifications applicable to such improvements.

2. The City Engineer shall examine the final map. He or she shall determine that the surveys are correct and that the map is technically correct, and that it substantially conforms to the tentative map and to the provisions of the Subdivision Map Act and this Title. He or she shall so certify on the map.

3. If the City Engineer finds that conformity to City plans and specifications does not exist, or that the final map does not substantially conform to the tentative map, he or she shall so advise the divider in writing and afford him or her an opportunity to make the necessary changes.

4. The Community Development Director or designee shall examine the final map. If he or she determines that the final map substantially conforms to the tentative map, he or she shall so certify on the final map.

5. When the staff review is complete, the Community Development Director or designee shall transmit the final map to the City Council with all accompanying statements, agreements and improvement securities required. This transmittal shall be the filing for approval of the final map with the Council within the meaning of Section 66457 of the Subdivision Map Act.

(Prior code § 2838)

A. Upon presentation by the Community Development Director or designee, the City Council shall, at its next meeting, consider the map and the offers of dedication thereon and therewith. Council may reject any or all offers of dedication or require dedication of all proposed public property. The Council may require that all improvements required to be installed shall be installed prior to approval of the final map, or may approve an agreement, properly secured, with the subdivider for installation of all necessary improvements. All such agreements and securities shall be received by the City Council, fully executed by the necessary parties, and in form approved by the City Engineer and City Attorney, prior to approval of the final map.

B. If the Council determines that the map is in substantial conformity to law and the tentative map, it shall make all required findings and approve the final map by written resolution or minute resolution. If the Council determines that the map is not in conformity, it shall disapprove the map, specifying the reasons therefor and advising the divider of the disapproval; within 30 days after such disapproval, the divider shall file a new final map or necessary documents necessary to acquire the approval of the Council. Upon a further disapproval, no further extension shall be granted except with the express permission of the council, and, in no event, for an additional period of more than 30 days.

C. The approval of the Council shall be made within the time period (ten days) provided in Section 66458 of the Subdivision Map Act and related sections. If the Council cannot approve the map within such time limit, and no extension can be attained by mutual consent of the divider and the Council, the map shall be disapproved.

D. Notice of the hearing shall be given through the use of mail addressed to the owners of property within 300 feet of the property to be subdivided. Ownership of said property shall be determined through the last equalized assessment rolls of the County of Santa Barbara that are available to the City.

(Prior code § 2839)

When a subdivider has designated as a remainder that portion of property which is not divided for the purpose of sale, lease, or financing, the fulfillment of construction requirements for improvements for such designated remainder parcel shall not be required until such time as is agreed to by the subdivider and the City. In the absence of such an agreement, the City Council may require fulfillment of such construction requirements within a reasonable time following approval of the final map and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel. Upon a finding by the City Council that the fulfillment of the construction requirements is necessary for reasons of the public health and safety or the required construction is a necessary prerequisite to the orderly development of the surrounding area. In all other instances, such improvements are not required until just before a permit or other grant of approval for development of the remainder parcel is issued by this City.

(Prior code § 2840)

The City Clerk, after approval of the final map by the Council, and after all signatures and seals have been affixed, shall transmit the final map and other necessary materials, accompanied by the necessary recording fee, to the County Board of Supervisors for ultimate transmittal to the County Recorder.

(Prior code § 2841)