Merced Municipal Code Ch. 18.24 Final Map

The subdivider or his agent may file a final map within twenty-four months after the approval or conditional approval of the tentative map. Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the site approval committee may extend the time for filing a final map for a period or periods not exceeding a total of three years, if it determines that conditions affecting the subdivision have not substantially changed. In any case where a final map has not been filed within such extended period of time as may be granted by the site approval committee, approval of a new tentative map shall be required.

(Ord. 1853 § 9, 1993: Ord. 1591 § 1, 1985: Ord. 1423 § 1, 1981: Ord. 1342 § 2 (part), 1980: prior code § 25.70(a)).

A tracing of the final map shall be filed with the city engineer. The subdivider shall deposit with the city the county recorder's fee for recording the final map and shall pay to the city the fees for checking the map. The subdivider shall also pay at that time all other fees required by law to be paid in connection with the approval of a subdivision.

(Ord. 1342 § 2 (part), 1980: prior code § 25.70(b)).

At the time of the filing of final map with the city engineer, the subdivider shall also file traverse sheets showing traverse closures and the computation of all distances, angles, and course shown on the final map. The traverse of the boundaries of the tract and of lots and blocks shall close within a limit or error of one in ten thousand.

(Ord. 1342 § 2 (part), 1980: prior code § 25.70(c)).

The final map shall be accompanied by a report prepared by a duly authorized title company naming the persons whose consent is necessary to the preparation and recordation of the map and to the dedication of the streets, alleys, and other public places shown on the map and certifying that as of the date of the preparation of the report, the persons therein named are all the persons necessary to give clear title to the subdivision. At the time of recording the approved map, there shall be filed with the county recorder a guarantee executed by a duly authorized title company for the benefit and protection of the city showing that persons (naming them) consenting to the preparation and recordation of the map and offering for dedication the streets, alleys and other public places shown thereon are all the persons necessary to pass clear title to the subdivision and to the dedication shown thereon.

(Ord. 1342 § 2 (part), 1980: prior code § 25.70(d)).

A. The final map shall be clearly and legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film, except that affidavits, certificates and acknowledgements may be legibly stamped or printed upon the map with black opaque ink. The map shall be so made and shall be in such condition when filed that good legible prints and negatives can be made therefrom. The size of each sheet shall be eighteen by twenty-six inches leaving an entirely blue margin on one inch.

B. When the final map consists of more than two sheets, a key map showing the relation of the sheets shall be placed on sheet one. Every sheet comprising the map shall bear the scale, note point, legend, sheet number and number of sheets comprising the map.

(Ord. 1342 § 2 (part), 1980: prior code § 25.71(a)).

The final map shall contain a title consisting of the name of the tract and subtitle or general description of all the property being subdivided with reference to maps which have been previously recorded. In no case shall the title be the same, or so nearly the same as to cause confusion as a name of any existing city, town, tract or subdivision of land of which a map has been previously recorded.

(Ord. 1342 § 2 (part), 1980: prior code § 25.71(b)).

Sufficient data must be shown to determine readily the bearing and length of every lot line, block line and boundary line. Dimensions of lots shall be given as total dimensions, corner to corner, and shall be shown in feet and hundredths of a foot. Lots containing one acre or more shall show total acreage to the nearest hundredth. Bearing the length of straight lines, and radii and arc length for all curves as may be necessary to determine the location of the centers of curves and tangent points shall be shown.

(Ord. 1342 § 2 (part), 1980: prior code § 25.71(c)).

A. The final map shall show clearly any stakes, monuments or other evidence found on the ground to determine the boundaries of the tract. The corners of adjoining subdivisions or portions thereof shall be identified by lot and block numbers, subdivision name and properties shown.

B. Whenever the city engineer has established the centerline of a street or alley; adjacent to or in the proposed subdivision, the data shall be shown in the final map indicating all monuments found and making reference to a field book or map.

C. If the points were reset by ties, the course and detail of relocation data used shall be stated.

D. The map shall show the location and description of all monuments found or placed in making the survey of the subdivision with proper reference sufficient for relocation.

E. At least two points shown on the map shall be tied to the California State Plane Coordinate System (1983 Datum) providing sufficient data is available and may be occupied within one mile of the subdivision. If sufficient data is not available within one mile, the subdivision shall be tied to a section corner, quarter section corner, lot or block corner of an original survey or any other point acceptable to the city engineer. Said tie shall also show the relationship of the bearings in the subdivision to the section line, or lot line, and may be calculated from records.

(Ord. 1769 § 2, 1990: Ord. 1358 § 7, 1980: Card. 1342 § 2 (part), 1980: prior code § 25.71(d)).

In addition, the final map shall be prepared in full compliance with the following requirements:

A. High Water Line. The line of high water shall be shown in any case where the subdivision is adjacent to a stream, channel or any body of water.

B. Flood Areas. The boundaries of any, areas within the proposed subdivision which are subject to inundation by water shall be shown.

C. Boundary of Subdivision. The boundary of the subdivision shall be designated by a blue border one-eighth inch in width applied to the reverse side of the tracings. The border shall not interfere with the legibility of figures or other data.

D. Right-of-way Dimensions. The centerlines and side lines of all streets, the total width of all streets, the widths each side of the centerline, the widths of any portion of a street being dedicated, and the widths of existing dedications, and the widths of all railroad, irrigation district or other rights-of-way shall be shown.

E. Easements. The map shall show the side lines of all easements to which the lots are subject. Such easements must be clearly labeled and identified and if already of record, the record references given. If any easement is not definitely located on record, a statement of such easement must appear on the title sheet. Easements for storm drain, sewers and other purposes shall be denoted by fine broken lines. The width of the easement and the lengths and bearings of the lines thereof and sufficient ties thereto to definitely locate the easement with respect to the subdivision must be shown. If the easement is being dedicated by the map, it shall be properly referenced in the owner's certificate of dedication.

F. Acreage. The total acreage of the subdivision to the nearest one hundredth of an acre shall be shown on the face of the final map.

G. Lot Numbers. Lot numbers shall begin with the number "1" and shall be consecutive with no omissions or duplications. If deemed necessary by the planning department, omissions may be made when only a portion of the subdivision is to be recorded and the remainder of the subdivision is to be completed as part of a subsequent subdivision.

H. Other Data. The map shall also show all other data that is or may be required by law.

I. Disposition of Lots. The final map shall particularly define, delineate and designate all lots intended for sale or reserved for private purposes, all parcels offered for dedication for any purpose, public or private with all dimensions, boundaries and courses clearly shown and defined in every case.

J. Reversion to Acreage. Maps filed for the purpose of reverting subdivided land to acreage shall be conspicuously so designated under the title "The Purpose of This Map is a Reversion to Acreage."

(Ord. 1342 § 2 (part), 1980: prior code § 25.71(e)).

All improvements shall be installed to grades approved by the city engineer. Plans, profiles and specifications of proposed improvements shall be furnished to and meet the approval of the city engineer prior to the time of submitting the final map to the city council. These plans and profiles shall show full details of the proposed improvements which shall be according to the standards established by the city.

(Ord. 1342 § 2 (part), 1980: prior code § 25.72).

Prior to approval of plans, profiles and specifications of proposed improvements, the subdivider shall post with the city an engineering and inspection fee deposit as required. Upon completion of the work, the finance officer shall determine the actual cost incurred by the city in support of the work. Final acceptance by the city shall be withheld until all moneys due the city are paid. In the event the deposit exceeds the actual costs incurred by the city, the difference shall be refunded to the subdivider.

(Ord. 1342 § 2 (part), 1980: prior code § 25.73(a)).

A. At its first regular meeting following the transmittal of the final map to the city clerk, the council shall consider the map, the plan of subdivision, and the offers of dedication. The council may reject any or all offers of dedication. In the event that all improvements required or conditions imposed upon approval under the terms of this title or by law are not completed before the filing of the final map, the council may enter into an agreement with the subdivider for posting improvement security as provided in Section 18.24.140. In such case, when the agreement has been approved by the city attorney as to form and by the city engineer as to sufficiency, and when the improvement security has been approved by the city attorney as to form and by the city attorney and city engineer as to sufficiency, the council may consider the final map.

B. The council shall approve the map if it is determined to be in conformity with the provisions of law and of this chapter. The council shall disapprove the map if it is determined not to be in conformity with the provisions of law and of this title and shall advise the subdivider of its disapproval, and the reason or reasons thereof.

(Ord. 1342 § 2 (part), 1980: prior code § 25.73(b)).

The city clerk upon receipt of the necessary fees, and after the signatures and seals have been affixed and upon the approval of the final map by the council shall transmit the map to the county recorder who shall file the same. No map shall have any force or effect until the same has been approved by the council, and no title to any property described in any offer of dedication shall pass until recordation of the final map.

(Ord. 1342 § 2 (part), 1980: prior code § 25.73(c)).

A. Prior to the approval by the council of the final map, the subdivider shall execute and file an agreement between himself and the city, specifying the period within which he shall complete all improvement work to the satisfaction of the city engineer, and providing that if he shall fail to complete the work within such period, the city may complete the same and recover the full cost and expense thereof from the subdivider.

B. The agreement shall also provide for inspection of all improvements by the city engineer, and reimbursement of the city by the subdivider for the cost of the inspection and testing.

C. The agreement may also provide:

1. For the construction of the improvements in units;

2. For extension of time under conditions therein specified;

3. For partial release of the improvement securities upon acceptance by the city council of the work as it progresses;

4. For the financing and construction of any or all of such improvements under an appropriate special assessment act proceeding.

D. The subdivider shall agree, in writing, to initiate, and so far as may be in his power, to consummate such proceedings, within such time as may be prescribed by the council.

(Ord. 1342 § 2 (part), 1980: prior code § 25.75(a)).

A. The subdivider shall also file with the agreement in Section 18.24.140, two improvement securities, each to be in an amount based upon the total estimated cost of the improvement as determined by the city engineer. One improvement security shall secure faithful performance of the agreement and shall be in an amount equal to one hundred percent of the estimated cost of the improvement. The second improvement security shall secure the obligations set forth in subsection (b) of Section 66499.2 of the Government Code, for payment of the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvements, and shall be in an amount equal to fifty percent of the total estimated cost of the improvements. The improvement securities shall be in one of the following forms:

1. A cash deposit or deposits;

2. A bond or bonds issued by one or more duly authorized corporate sureties;

3. A savings and loan certificate and share;

4. An instrument or instruments of credit from one or more financial institutions subject to regulations by the state or federal government pledging that the funds necessary to meet the performance are on deposit and guaranteed for payments and agreeing that the funds designated by the instrument shall become trust funds for the purposes set forth in the instrument;

5. Any other form of improvement security authorized by the Subdivision Map Act, including the deposit, with a responsible escrow agent or trust company approved by the council, of money or negotiable bonds of the kind approved for securing deposits of public money.

B. The required security shall be in an amount determined by the city engineer as sufficient to cover the cost of the improvements, engineering, inspection, fees and incidental expenses. The required improvement security shall be approved by the city attorney and city engineer as to sufficiency and by the city attorney as to form.

(Ord. 1342 § 2 (part), 1980: prior code § 25.75(b)).

In the event the subdivider fails to complete all improvement work in accordance with the provisions of this title and the city has to complete same, or if the subdivider fails to reimburse the city for the cost of inspection, engineering, fees and incidental expenses, the city shall call on the surety for reimbursement, or shall appropriate from any cash deposits, savings and loan certificates and shares, or instruments of credit, funds for reimbursement. In any case, if the amount of the surety bond, savings and loan certificate and shares, instrument of credit, or cash deposit exceeds all cost and expenses incurred by the city it shall release the remainder of such bond, savings and loan certificate and share of cash deposit. If the amount of the surety bond, savings and loan certificate and share, instrument of credit, or cash deposit is less than the cost and expense incurred by the city, the subdivider shall be liable to the city for such difference.

(Ord. 1342 § 2 (part), 1980: prior code § 25.75(c)).

Improvement securities may be released or reduced, in whole or in part, only in the time and manner prescribed in Section 66499.7 of the Government Code, as it now exists or is hereafter amended, and only after certification by the city engineer that the work covered has been satisfactorily completed.

(Ord. 1342 § 2 (part), 1980: prior code § 25.75(d)).

In addition to the improvement securities specified in Section 18.24.150, the subdivider shall file with the subdivision agreement an amount equal to fifteen percent of the estimated cost of improvements to guarantee and warrant subdivision improvements for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished. The city engineer is authorized to release the security upon expiration of the guarantee and warranty period if it is determined that subdivision improvements so guaranteed and warranted remain satisfactory.

(Ord. 1342 § 2 (part), 1980: prior code § 25.75(e)).

Prior to the submission of the final map, the subdivider shall file with the city engineer a preliminary soil report, prepared by a civil engineer who is registered by the state, based upon adequate test borings or excavations of every subdivision for which a final map is required containing data as required by the city engineer. The preliminary soil report may be waived if the city engineer determines that, due to his knowledge of the soil qualities of the subdivision, no preliminary analysis is necessary.

(Ord. 1342 § 2 (part), 1980: prior code § 25.76).

If the preliminary soil report indicates the presence of critical expansive soils or other soil problems which, if not corrected, would lead to structural defects, a soil investigation of each lot in the subdivision shall be prepared by a civil engineer who is registered by the state. The soil investigation shall recommend corrective action which is likely to prevent structural damage to each dwelling proposed to be constructed on the expansive soil. The report shall be filed with the city engineer.

(Ord. 1342 § 2 (part), 1980: prior code § 25.77).

The city engineer shall approve the soil investigation if he determines that the recommended corrective action is likely to prevent structural damage to each dwelling to be constructed on each lot in the subdivision. Appeal from such determination shall be to the city council. The building permit shall be conditioned upon the incorporation of the approved recommended corrective action in the construction of each dwelling.

(Ord. 1342 § 2 (part), 1980: prior code § 25.78).

Prior to the recordation of a subdivision map which will result in the division of any existing building or buildings into separate units or parts, the subdivider shall secure certification by the chief building official that any building or buildings to be divided will, after division, meet current code standards for new construction. As used in this section, the phrase "current code standards" refers to all standards in the current adopted editions of the building code, electrical code, plumbing code, mechanical code and fire code or other applicable code of the city.

(Ord. 1342 § 2 (part), 1980: prior code § 25.79).