Malibu Municipal Code Ch. 16.16 Final Maps

Following the approval or conditional approval of the tentative map and prior to the expiration of such map, the subdivider shall cause the real property included within the map, or any part thereof, to be surveyed and the final map thereof prepared in accordance with the approved or conditionally approved tentative map.

Prior to the expiration of the term of the approved or conditionally approved tentative map, a final map, conforming to the approved or conditionally approved tentative map may be filed with the city council in accordance with the requirements of these provisions.

(Prior code § 10500; Ord. 86 § 5, 1993)

No final map shall be filed with the city without written consent of all parties having any record title interest in the real property proposed to be subdivided.

(Prior code § 10501; Ord. 86 § 5, 1993)

To qualify for filing with city council, a final map shall:

A. Have completed and signed and where necessary, acknowledged all the certificates required by the Subdivision Map Act, except those of the city treasurer and the city clerk;

B. Have obtained clearances from the city wastewater/health specialist, city geologist, city engineer, planning director and all necessary and required agencies before recordation;

C. Have submitted all required bonds and agreements to the city clerk.

(Prior code § 10502; Ord. 86 § 5, 1993)

Prior to the time of filing a final map, the subdivider shall submit a copy of the map to the city engineer, who shall examine the map for sufficiency of affidavits and acknowledgements, for correctness of surveying data, mathematical data, computations and other matters requiring checking, to ensure compliance of the map with the requirements of the Subdivision Map Act, of this chapter, and of any condition imposed by conditional approval of the tentative map. The city engineer shall route the final map to all necessary departments to check prior to submission to city council for action.

If the final map is unsatisfactory to the city engineer, or otherwise does not meet any required standard, the city engineer shall return the map, together with a statement of the grounds of its rejection, to the subdivider for correction and resubmission.

If the final map is found by the city engineer and all necessary departments to be in correct form and matters shown thereon are sufficient, the city engineer shall schedule the final map at the city council's next meeting to consider and act upon the final map.

(Prior code § 10503; Ord. 86 § 5, 1993)

At the city council meeting at which a final map is received, the city council shall approve for recordation the final map if it meets all requirements of the Subdivision Map Act, this title, and each condition of approval imposed upon the tentative map. Approval of the final map for recordation shall not be denied if the final map is in substantial compliance with a valid, previously approved tentative map relating to the same land division.

(Prior code § 10504; Ord. 86 § 5, 1993)

The city council shall not approve for recordation a final map if such map does not comply with any requirement or condition imposed by the Subdivision Map Act or this title and is not consistent with the general plan (either adopted or in preparation) or a specific plan adopted thereunder.

(Prior code § 10505; Ord. 86 § 5, 1993)

The amending map or certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor. An amending map shall conform to the requirements of Section 66434 of the Subdivision Map Act, if a final map, or Section 66445 of the Subdivision Map Act, if a parcel map. The amending map or certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction or omission. Upon recordation of a certificate of correction, the county recorder shall, within 60 days of recording, transmit a certified copy to the city engineer, who shall maintain an index of recorded certificates of correction.

(Prior code § 10506; Ord. 86 § 5, 1993)

A final tract map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall be based upon a survey, and shall conform to all of the following requirements:

A. It shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits, and acknowledgements may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

B. The size of each sheet shall be 18 by 26 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 large enough to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the streets, and its relation to each adjoining sheet shall be clearly shown.

C. 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 thereon, shall be shown, including bearings and distances of straight lines, and radii and arc length or chord bearings and length for all curves, and any information which may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries.

D. Each parcel shall be numbered and each block may be numbered or lettered. Each street shall be named or otherwise designated.

E. The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. The map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys.

F. When a soils report has been prepared, this fact shall be noted on the final map, together with the date of the report and the name of the engineer making the report. Each report shall be kept on file with the city engineer.

G. A 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, subject to the provisions of Section 66436 of the Subdivision Map Act.

H. Dedication of or offers to dedicate interests in real property for specified public purposes shall be made by a certificate on the final map, signed and acknowledged by those parties having any record title interest in the real property being subdivided, subject to the provisions of Section 66436 of the Subdivision Map Act.

I. A certificate by the engineer or surveyor responsible for the survey and final map is required. His or her certificate shall give the date of the survey, state that the survey and final map were made by him or her or under his or her direction, and that the survey is true and complete as shown.

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

J. The city engineer shall certify the final map, stating that:

1. He or she has examined the map;

2. The subdivision as shown is substantially the same as it appeared on the tentative map, and any approved alterations thereof;

3. All provisions of this chapter and of any required local ordinances applicable at the time of approval of the tentative map have been complied with;

4. He or she is satisfied that the map is technically correct.

K. All identified environmentally sensitive conditions shall be represented on a separate sheet indicating the location of such issues as faults, geologically hazardous areas, sensitive resource areas such as ESHAs, wildlife corridors, significant plant species, ridgelines, flood hazard areas and archaeologically significant sites. This map sheet shall also include the primary site plan information including the proposed lot lines, building pads, streets, easements and all required setbacks required as conditions of approval.

(Prior code § 10507; Ord. 86 § 5, 1993)

A final parcel map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall show the location of streets and property lines bounding the property, and shall conform to all of the following requirements:

A. It shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits, and acknowledgements may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

B. The size of each sheet shall be 18 by 26 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 large enough to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the streets, and its relation to each adjoining sheet shall be clearly shown.

C. Each parcel shall be numbered and each block may be numbered or lettered. Each street shall be named or otherwise designated.

D. The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. In addition, the map shall show the location of the each parcel and its relation to surrounding surveys.

E. Subject to the provisions of Section 66436 of the Subdivision Map Act, a 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 parcel map is required.

F. If a field survey was performed, the parcel map shall contain a certificate by the engineer or surveyor responsible for the preparation of the map that states that all monuments are of the character and occupy the positions indicted, or that they will be set in those positions on or before a specified date, and that the monuments are, or will be, sufficient to enable the survey to be retraced.

G. If dedication or offers of dedications are required, they shall be made by a certificate on the parcel map. Such dedication or offers of dedication, by certificate, shall be signed by the same parties and subject to the provisions of Section 66439 of the Subdivision Map Act for dedications by a final map.

H. In all cases where a parcel map is required, such map shall be based upon a field survey made in conformity with the Land Surveyors Act.

I. All identified environmentally sensitive conditions shall be represented on a separate sheet indicating the location of such issues as faults, geologically hazardous areas, sensitive resource areas such as ESHAs, wildlife corridors, significant plant species, ridgelines, flood hazard areas and archaeologically significant sites. This map sheet shall also include the primary site plan information including the proposed lot lines, building pads, streets, easements and all required setbacks required as conditions of approval.

J. All necessary certificates shall appear on the parcel map with the following requirements:

1. Civil Engineer Certificate.

2. Recorder's Certificate.

K. If such subdivision lies within the city, the parcel map shall be submitted to the city engineer for his examination prior to filing.

Within 20 days after receiving the parcel map, the city engineer shall examine it for the survey information shown thereon and conduct a field survey. If the city engineer is satisfied that the parcel map is technically correct, the following certification shall be placed on the map:

(Prior code § 10509; Ord. 86 § 5, 1993)

No final map for a subdivision to be created from the conversion of residential real property into a condominium project or community apartment project shall be approved unless all of the following findings are met:

A. Each of the tenants of the proposed condominium or community apartment project has received, pursuant to Section 66452.9 of the Subdivision Map Act, written notification of intention to convert at least 60 days prior to the filing of a tentative map pursuant to Section 66452 of the Subdivision Map Act. There shall be a further finding that each such tenant, and each person applying for the rental of a unit in such residential real property, has, or will have, received all applicable notices and rights now or hereafter required by this chapter or Chapter 3 (commencing with Section 66451) of Subdivision Map Act. In addition, a finding shall be made that each tenant has received 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. The written notices to tenants required by this subdivision shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

B. Each of the tenants of the proposed condominium, or community apartment project, has been, or will be, given written notification within 10 days of approval of a final map for the proposed conversion.

C. Each of the tenants of the proposed condominium, or community apartment project, has been, or will be, given 180 days written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. The provisions of this subsection shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including but not limited to, the provision of services, payment of rent or the obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code.

D. Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been or will be, given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public on terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right.

(Prior code § 10510; Ord. 86 § 5, 1993)