Article 9 — STANDARD PROCEDURE: FINAL MAPS

• (a) The time limits for tentative map approval and the recording of a final map shall be subject to the maximum set forth in the Subdivision Map Act of the State, provided any extension thereof shall be subject to Council approval.

• (b) A subdivider seeking an extension to the time limits set forth in the Subdivision Map Act of the State shall submit a letter to the Council requesting an extension 30 days prior to the time limit and stating the reasons necessitating an extension.

• (c) Any failure to record a final map pursuant to the provisions of this section and the Subdivision Map Act of the State shall terminate all proceedings.

• (d) A termination of proceedings will require a subdivider to resubmit a tentative map, including the repayment of fees and reprocessing.

• (§ 7.01, Ord. 341, as amended by § 7, Ord. 732, eff. May 3, 1985)

• (a) The final map shall be drawn to a scale large enough to show the details clearly with a minimum scale of one hundred (100′) feet to one inch or larger, using more than one sheet if necessary to furnish the desired space. The original shall be drawn in black ink upon tracing cloth of good quality, and the size of the sheets shall be eighteen (18″) inches by twenty-six (26″) inches. All sheets shall have a two and one-half (2 1/2″) inch margin on the left side and shall have a oneinch margin on all other borders.

• (b) 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 required.

• (c) The title of each such final map shall consist of a tract number and name, if any, conspicuously placed at the lower right-hand corner of the sheet, followed by the words "consisting of sheets" (showing the number thereof), followed by the words "lying within the City of Los Banos."

• (d) 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 United States survey. Each reference in such description to any tract or subdivision shall be spelled out and worded identically with the original record thereof, and references to the book and page of record shall be complete.

• (§ 7.02, Ord. 341)

The final map shall show the following data:

• (a) Boundaries and streets. The exterior boundaries of the property (shown in blue), the border lines and center lines of all proposed streets and alleys with their widths and names, and any other portions intended to be dedicated to the public use. In case of branching streets, the line of departure from one street to another shall be indicated;

• (b) Adjacent properties and streets. The lines of all adjoining properties and the lines of adjacent streets and alleys, showing their widths and names;

• (c) Lot lines and numbers. All lot lines and numbers for all lots, building lines, and easements and their purposes. All lots shall be numbered consecutively throughout the subdivision, beginning with No. 1, except units of a total development which shall be numbered consecutively throughout the development;

• (d) Dimensions. All dimensions, both linear and angular, for locating boundaries of subdivisions, lots, street and alley lines, easements, and building lines. The linear dimensions shall be expressed in feet and hundredths of a foot;

• (e) Monuments. All permanent monuments, together with their descriptions showing fully and clearly their location and size. If any points were reset by ties, that fact shall be stated;

• (f) Title and description of property. The title and description of the property being subdivided, showing its location and extent, points of compass, scale of plan, basis of bearing, and the name of the subdivider and of the engineer or surveyor platting the tract;

• (g) Areas subject to inundation. The boundaries of any areas within the proposed subdivision which are subject to periodic inundation by water;

• (h) Private restrictions. Any private restrictions on the plat or reference to such restrictions. The plats shall contain the proper acknowledgments of the owners and mortgagees accepting such platting and restrictions;

• (i) City boundaries. City boundaries which adjoin the subdivision, clearly designated and located in relation to adjacent lot or block lines. No lot shall be divided by a City boundary line; and

• (j) Vehicular access rights. The title sheet shall indicate where vehicular access rights have been surrendered on major, thoroughfare, and expressway streets.

• (§ 7.03, Ord. 341)

The following documents shall be submitted with the final map:

• (a) Traverse sheets. The subdivider shall furnish the City Engineer traverse sheets showing the mathematical closure within one foot to twenty thousand (20,000′) feet perimeter of the exterior boundary of the tract and of each block within the tract and each irregular lot.

• (b) Guarantee of title. The subdivider shall furnish to the Council a guarantee of title or letter from a competent title company, certifying that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided, and all acknowledgments thereto, appear on the proper certificates and are correctly shown on such map, both as to consents as to the making thereof and affidavits of dedication where necessary. Such guarantee shall be issued for the benefit of the City and protection of the Council and shall be continued complete up to the instant of recording.

• (c) Improvement agreement. The subdivider shall file an agreement for all the improvements required by the provisions of this chapter, and as may be further required by the Council or by law, and shall secure the performance thereof by a good and sufficient surety bond executed by a responsible surety company to be approved by the Council, or an instrument of credit approved by the Council, or, in lieu of such surety bond or instrument of credit, by a cash deposit, which bond, instrument of credit, or cash deposit shall be in an amount equal to the cost of the improvements as estimated by the City Engineer or by the Council; provided, however, the subdivider may, at his or her option, in lieu of such agreement and bond or cash deposit, enter into a contract with the Council, secured by a faithful performance bond or cash deposit in the manner and condition set forth in Section 11612 of the Business and Professions Code of the State and all other laws applicable thereto.

• (d) Taxes. Prior to the filing of the final map, the subdivider shall file with the County Clerk a certification from the official computing redemptions in the County and in the City, 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, except taxes or special assessments not yet payable.

As to taxes or special assessments collected as taxes not yet payable, the subdivider shall file with the County Clerk a certificate by each proper officer, giving his or her estimate of the amount of taxes and assessments which are a lien but which are not yet payable.

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 the County a good and sufficient bond to be approved by the Board, and by its terms made to inure to the benefit of the County upon the payment of 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 amount and of the kind approved for securing deposits of public money.

• (e) Additional information. Additional information may be required to be filed and/or recorded simultaneously with a final map. The additional information shall be in the form of a separate document or an additional sheet, as stipulated by the City, which shall indicate its relationship to the final map, and shall contain a statement that the additional information is for informational purposes describing conditions as of the date of filing, and is not intended to affect record title interest.

  • (1) Additional survey and map information may include, but need not be limited to: building setback lines, flood hazard zones, seismic lines and setbacks, geologic mapping, archaeological sites, tentative tract map conditions of approval, Geographic Information System data and environmental mitigation measures.

• (§ 7.04, Ord. 341, as amended by § 1, Ord. 875, eff. March 18, 1994)

The final map shall be considered complete for filing when it complies with the provisions of this article and is accompanied by the statements, agreements, cash, and/or bonds required. (§ 7.05, Ord. 341)

The subdivider shall file the following with the City Engineer.

• (a) Twelve blue line copies of the final map, the original tracing on linen and duplicate on linen or vellum; a boundary traverse map; approved improvements plans; and a checking fee set by the Council for such detailed examinations of final maps and field checking as may be necessary for the City Engineer to make his or her required certification. The final map shall be accompanied by traverse sheets showing the closure within allowable limits of the exterior boundaries and of each irregular block and lot; and

• (b) The title guarantee, deed restrictions, improvement agreement, and bond, if not previously filed. (§ 7.05, Ord. 341, as amended by § 2, Ord. 621, eff. August 4, 1978)

The following functions shall be acted upon within 20 days after filing the final map:

• (a) The City Engineer shall examine the final map. If he or she shall determine that the surveys are correct and that the map is technically correct and substantially conforms to the tentative map and any approved alteration thereof and to the provisions of this chapter and the laws of the State, he or she shall so certify on the map and transmit the map to the City Clerk. If the City Engineer shall find that full conformity has not been made, he or she shall so advise the subdivider and afford him or her an opportunity to make the necessary changes.

• (b) The secretary of the Commission shall examine the final map. If he or she shall determine that the map substantially conforms to the approved tentative map, and any conditions imposed thereon, he or she shall so certify on the final map.

• (c) When the filing of the final map is completed and approved, as set forth in this section, the City Engineer shall transmit to the Council for consideration the original linen or one duplicate transparency on vellum, suitable for reproduction, with all accompanying statements, agreements, cash, and/or bonds required, and the recording fee.

• (§ 7.06, Ord. 341, as amended by § 35, Ord. 1102, eff. February 4, 2012)

• (a) Upon the presentation of the materials required by the provisions of subsection (c) of Section 92.907 of this article by the City Engineer, the Council shall consider the final map, the plan of subdivision, and the offers of dedication. The Council may reject any or all offers of dedication or require the dedication of all proposed streets. In the event improvements are required pursuant to the provisions of this chapter or by law, the Council shall approve a contract with the subdivider for posting a bond or cash deposit as provided in Section 9-2.904 of this article. In such event, when the agreement and bond or cash deposit have been approved by the City Attorney as to form, and by the City Engineer or Council as to sufficiency, the Council may consider the final map.

• (b) After the Council shall determine that the final map is in conformity with the provisions of this chapter, the Council shall approve such map by resolution. In the event the Council shall determine that the map is not in conformity with the provisions of this chapter, the Council shall disapprove the map, specifying the reasons therefor and advising the subdivider of such disapproval. Within 90 days thereafter the subdivider shall file with the City Engineer a final map altered to meet with the approval of the Council and shall conform with the procedures set forth in this chapter.

• (§ 7.07, Ord. 341, as amended by § 36, Ord. 1102, eff. February 4, 2012)

The City Clerk, after approval by the Council and after signatures and seals have been affixed, shall transmit the final map and duplicate cloth tracings, accompanied by the necessary recording fee, to the County Recorder. No map shall have any force or effect until it has been approved by the Council, and no title to any property described in any offer of dedication shall pass until the recordation of the final map. No building permit shall be issued until the recordation of the final map, unless approved by the Council. (§ 7.08, Ord. 341)