§ 16.13

The purpose of this chapter is to supplement the provisions of the Subdivision Map Act governing final maps.

(Ord. 936 § 1, 1992)

The form and final content of the final map shall conform to the requirements of Section 66433 et seq.

(Ord. 936 § 1, 1992)

In addition to the statements and acknowledgments required by the Subdivision Map Act, the following statements are required to appear on the title sheet, or on other sheets as may be required:

• A. A statement for execution by the community development director (statement of community development director);

• B. A statement for execution by the city engineer (statement of city engineer);

• C. A statement for execution by the city council (statement of city council);

• D. A statement for execution by the city clerk stating the city council approved the map and accepted, accepted subject to improvement, or rejected, on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication;

• E. A statement for execution by the county recorder on all sheets (statement of county recorder);

• F. A statement for execution by the public entity for which a dedication is made, where applicable (statement of district);

• G. A statement for execution by the California Department of Transportation, where applicable;

• H. A statement for execution by all parties having record title interest (owners statement);

• I. A statement for execution by the county surveyor (county surveyor's statement);

• J. A statement for execution by the South San Joaquin Irrigation District Engineer (statement of the SSJID engineer).

Forms for statements required by the Subdivision Map Act and by this title shall be provided by the public works department. Such statements may be combined when appropriate.

(Ord. 936 § 1, 1992)

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City of Manteca, CA

SUBDIVISIONS

§ 16.13.040

§ 16.13.040

At or before the time of filing the final map, all of the data, documents, plans, specifications, agreements, improvement securities, insurance policies, bonds, money and other matters required by this title, including the following, shall be filed with the city engineer.

• A. Sewage Disposal and Domestic Water Supply. Statement by the city engineer that the proposed sewerage or sewage disposal and domestic water supply conform to the city standard plans and specifications and is otherwise adequate, and that it can be accomplished without creating any nuisance and without hazard to, or deterioration of, public health or water quality.

• B. Improvement Plans, Drainage Plans, Specifications and Data. The improvement plans, drainage plans and specifications thereof, if required, and supporting data shall comply with and carry out the purposes of this title, the city standard plans and specifications, and the conditions of approval of the tentative subdivision map. Such plans and specifications shall be in sufficient detail and shall be accompanied by sufficient data as may be necessary for the approval thereof. The city engineer shall act upon such plans within sixty working days of its submittal, except that at least fifteen working days shall be provided for processing any resubmitted improvement plan. The sixty working day period shall not include any days during which the improvement plan has been returned to the applicant for correction, has been subject to review by other than the local agency or, following that review, has been returned to the applicant for correction.

The time limits specified in this section for acting on improvement plans may be extended by mutual consent of the subdivider and the city council. The city council, however, shall not require a routine waiver of time limits as a condition of accepting the improvement plan.

• C. Other Improvement Plans. Plans for the construction or installation of other improvements as required by and in conformity with the conditions of approval on the tentative subdivision map, this title, and the city standard plans and specifications.

• D. Water Supply Statement. A statement from the water supplier or purveyor, if any, that it can and will serve the residents of the subdivision with water and will maintain such water supply, mains, valves, hydrants and fire flows as required by this title and the city plans and specifications, and any other applicable law or regulations.

• E. Guarantee of Title.

  1. A guarantee of the title by a title company authorized to do business in California, showing all parties having any record title interest in the land proposed to be subdivided, or any part thereof, including but not confined to leaseholders, lienholders, owners of rights-of-way, easements, reversions and interests in or rights to minerals, showing the nature of each respective interest and the reference thereto in the official records, by book and page, as of the date the final map is filed with the city engineer.

rd title interest in the land proposed to be subdivided, or any part thereof, including but not confined to leaseholders, lienholders, owners of rights-of-way, easements, reversions and interests in or rights to minerals, showing the nature of each respective interest and the reference thereto in the official records, by book and page, as of the date the final map is filed with the city engineer.

2. Such guarantee of title shall also show all taxes which are a lien against the proposed subdivision or any part thereof.

3. Such guarantee of title shall be issued for the benefit and protection of the city and

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City of Manteca, CA § 16.13.040

MANTECA CODE

§ 16.13.050

any political subdivision or municipal corporation which may have an interest in any right-of-way or easement offered for dedication in connection with the final map.

4. The liability on such guarantee of title shall be not less than five thousand dollars.

5. Concurrently with the recordation of the final map, the said title company shall issue a supplementary guarantee of title showing that, at the time of such recordation, the parties consenting to the recordation of the ma are all parties having a record title interest in the land subdivided whose signatures are required by the provisions of Chapter 7 of the Subdivision Map Act, and which shall be filed with the city clerk.

• F. Off-Site Easements. All off-site easements for drainage, flowage, slope, construction, access roads or other purposes required for design and development of the subdivision map under the provisions of this chapter, the city standard plans and specifications, and the conditions of approval on the tentative subdivision map. Such easements shall be subject to approval of the city attorney as to form. A guarantee of title shall be provided with respect to such easements, with liability in such amount as the city engineer determines to be in the public interest.

• G. Taxes and Assessments. The statements and bonds or other security relating to taxes, assessments and liens therefor as specified by Government Code Section 66492 et seq.

• H. Completion Agreement and Improvement Security. The completion agreement, improvement securities, insurance policies and other matters specified by Sections 16.23.070 and 16.23.080.

• I. Monument and Lot Staking Bond. The agreement for completion of setting of monuments and lot staking and security for its performance.

• J. Other Matters. All other data, documents and other matters required to be filed with the city engineer in conjunction with the final map, as may be required by law from time to time.

• (Ord. 936 § 1, 1992)

• A. Final Map Checking.

  1. Prior to the filing of the original of the final map, the subdivider shall submit to the city engineer copies thereof, in the number required by the city engineer, together with traverse sheets, for checking as to surveying and mathematical correctness, and as to the forms of the statements. The subdivider shall file also with the city engineer fees payable to the county recorder for the recording of the final map, and fees payable to the city for the checking of the map and checking of the improvement plans in the amounts required by resolution of the city council.

  2. Copies of final maps shall be checked in the order in which they are received. A copy shall be returned to the surveyor or engineer who prepared the map with notations as to error or omissions. Rechecking plans previously submitted which contained errors or omissions will result in additional plan checking fees.

  3. The traverse sheet shall include coordinates based on one point of origin for the subdivision, the mathematical closure of the exterior boundary of the subdivision and

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City of Manteca, CA

SUBDIVISIONS

§ 16.13.050

§ 16.13.050

of each block, and if the lots are irregular in shape, a traverse of all lots, together with such detail maps as may be required for accurate checking. The city engineer shall clarify all maps as to clarity of expression, accuracy, completeness and legibility and shall verify the correctness of all mathematical data, the location and nature of all permanent monuments.

4. After the copies of the final map have been checked, and when the original final map is correct in all respects, it may be filed with the engineer with the data, documents, bonds, money and other matters required. The city engineer shall certify that the subdivision on the final map is substantially the same as it appeared on the approved tentative map, and any approved alterations or amendments thereto, including but not limited to additional conditions included by reason of any extension of time.

• B. Action on Final Map by the City Council.

  1. The city council shall consider the final map and the data, documents, bonds and other matters required by this title and shall also consider such other matters as to which approval of the council is required. The city council shall also consider required findings in connection with approval of a final map under the provisions of this chapter, the Subdivision Map Act, or other statute.

  2. The city council shall act on the final map at its next meeting after the filing of the final map with the council, or within such additional time as may be extended by mutual consent of the subdivider and the council.

  3. The city council shall approve the final map by resolution when it has made the findings required to be made under the provisions of the Subdivision Map Act or other statute in connection with approval of a final map and when the council has also determined that all of the following requirements have been satisfied:

• a. All of the data, documents, agreements, improvement securities, insurance policies, bonds, money and other matters required by this title have been filed with the council or with the proper city official;

  - b. All such data is complete and in proper form and has been approved by the appropriate public official where so required; 
  
  - c. All such documents, agreements, improvement securities and insurance policies have been signed and acknowledged by the subdivider where so required; that any corporate surety bond so filed has been signed and acknowledged by the surety; and that the improvement agreement bears the consent of any such corporate surety; 
  
  - d. All such documents, agreements, improvement securities and insurance policies are in accordance with the provisions of this title; 
  
  - e. All provisions of the Subdivision Map Act and of this title applicable at the time of approval of the original tentative subdivision map; 
  
  - f. All other provisions of law have been satisfied as may be required in connection with approval of a final map; 
  
  - g. All of the statements which are required to appear on the final map have been
  

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City of Manteca, CA § 16.13.050

MANTECA CODE

§ 16.13.060

signed by the proper persons or officials and have been properly acknowledged, where so required, excepting the statement of the city engineer, the city council, the city clerk and the county recorder;

  - h. All required dedications or offers of dedications and easements have been provided, are in proper form, and have been properly executed by such persons so as to give clear title. 

4. If the final map is disapproved by reason of the subdivider's failure to meet or perform any requirement or condition imposed by the Subdivision Map Act or by this title, the city council shall make a finding identifying each such requirement or condition.

5. In conjunction with approval of the final map, the city council shall accept or reject any or all offers of dedication, dedications and easements, or accept the same subject to improvement which are contained in or accompany the final map.

• (Ord. 936 § 1, 1992)

• A. No grading shall occur on and no grading permit shall be issued for any land in a subdivision nor in connection with any improvement for a subdivision prior to approval and recordation of the final map unless all of the provisions and conditions specified in this section are satisfied.

• B. No improvement work shall occur and no permit shall be issued for any improvement work on any land in a subdivision or on any improvement for a subdivision prior to approval and recordation of the final map, unless all of the following conditions are met:

  1. The subdivider has made written application to the public works department and has obtained approval from the city council for such work;

  2. The tentative subdivision map has been approved or conditionally approved;

  3. Any rezoning to make the lots conform to the city zoning ordinance has been approved;

  4. All improvement plans and grading plans have been approved and appropriately signed pursuant to this chapter; and

  5. The city council has by resolution determined that the approved work is not likely to cause substantial environmental damage, is not likely substantially and avoidable injure fish or wildlife or their habitat, is not likely to cause serious public health problems and is not likely to injure any nearby property, whether the subdivision is completed or abandoned.

• C. The city council may limit the areas to be improved, the kind of improvement work to be done, and may impose conditions upon the work as it deems necessary.

• D. Approval by the city council shall not be deemed a substitute for any permit to do such work required by this title or any other city ordinance. No condition imposed by the council shall be deemed to modify any more stringent provisions of this title or the city standard plans or specifications or as contained in any condition appended to the tentative subdivision map. Approval by the council shall not be deemed to be an approval of the final

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City of Manteca, CA

SUBDIVISIONS

§ 16.13.060

§ 16.13.060

map in any respect, nor any representation that the council will approve the final map. Neither the approval by the council nor the performance of any such work shall be deemed to bind the council to approve the final map. All such work shall be carried out at the sole risk of the subdivider, and any expense which the subdivider may incur in doing such work shall not be grounds to compel approval of the final map.

• E. Such improvement work shall be subject to inspection and approval by the public works department, provided that the city council may designate another city department or public entity to inspect and approve such work.

• F. Reasonable rules may be established for the filing of plans and specifications for required improvement work suitable for its proper inspection and for procedures and forms relating to inspections and approvals. Such rules may be established by order of the city council, and supplemental rules may be adopted by the department or entity designated to inspect and approve such work by filing the same with the council.

• G. At no time prior to approval and recordation of the final map shall any easement or license be granted to any public utility company or water company with respect to any land within a proposed subdivision for the purposes of public utility facilities or water lines (including but not limited to poles, towers, lines, mains, conduit, tanks or pipes), nor shall any facility be constructed or installed upon any land within a proposed subdivision, except as expressly authorized by this section.

• H. The city council may deny approval of a final map if it finds that any such facility has been installed or easement therefor has been granted contrary to any of the provisions of this section.

• I. If any facility is of a temporary nature and is not designed or intended to be continued in existence or operation following the approval of the final map, the city council may authorize its installation upon written application of the subdivider and submission of the plans showing the location thereof and the specifications therefor, provided the council determines that such installation is not likely to cause substantial and avoidable injury to fish or wildlife or their habitat, is not likely to cause serious public health problems, and is not likely to injure any nearby property, whether the subdivision is completed or abandoned. As a condition of approval of such a temporary facility, the public utility company or water company shall covenant with the city that such facility shall be completely removed from the land within the proposed subdivision prior to approval of the final map and that any easement or license therefor shall terminate upon such removal or upon approval of the final map, whichever is sooner.

Temporary facilities approved under the provisions of this subsection shall not be subject to subsections B, E and F of this section.

• J. If any such facility mentioned in subsection G of this section is designed or intended to be continued in existence or operation following the approval of the final map, the same shall be subject to all of the provisions of this section as in the case of other improvement work prior to approval of the final map, except that subsection I of this section shall not apply to any public utility company under the jurisdiction of the Public Utilities Commission with respect to facilities for the supply of gas or electricity.

• K. As a condition of approval of any facility mentioned in this section, the public utility company or water company shall covenant with the city that any easement or license which

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City of Manteca, CA

MANTECA CODE

§ 16.13.060

§ 16.13.060

it has or may acquire for such facilities shall terminate immediately upon approval of the final map, insofar as such easement or license or such facility may be within the boundaries of any street, highway, alley or way which is or will be offered for dedication for public use, and that from and after approval of the final map such facility shall be subject to any franchise which such company may then hold applicable to such area. If such company does not then hold a franchise granted by the city, it shall apply for, bid upon, and do everything necessary to perfect such franchise upon the terms most favorable to the city under any statute as may be in effect at the time of such application.

• L. The city council may refuse to give any approval under the provisions of this title to any public utility company or water company which does not hold a franchise granted by the city which is applicable to the area within the proposed subdivision.

• M. The provisions of subsection I of this section shall not be deemed applicable to any public utility facility or easement therefor which was in existence prior to the time of submission of such tentative map and which was not designed or constructed to be used in conjunction with the proposed subdivision.

• N. The provisions of this section shall not be construed as limiting application of Section 16.23.030 of this title relating to removal of obstructions.

• O. The provisions of subsections I through N of this section inclusive, shall be deemed applicable to any water lines and related facilities or other facilities of public utility services proposed to be furnished by the subdivider.

• P. The provisions of subsections I through O inclusive, shall be construed broadly for the purposes of bringing under city franchises, public utility facilities and water lines designed or installed for use in conjunction with the proposed subdivision, which may be located within the boundaries of any street, highway, alley or way which is or will be offered for dedication for public use.

(Ord. 936 § 1, 1992)

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City of Manteca, CA

SUBDIVISIONS

§ 16.15.010

§ 16.15.030