Modesto Municipal Code Art. 6 Final Map

(a) (1)

Filing Within Twenty-Four Months of Tentative Approval. The subdivider or his/her agent may file a final map within twenty-four (24) months after the approval or conditional approval of the tentative map. A map shall be deemed to be filed when it is accepted by the City as being in compliance with the provisions of this chapter and in substantial compliance with the tentative map. The twenty-four (24) month period shall not include any days during which the final map is being reviewed by the City. Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the Planning Commission may extend the time for filing a final map for a period or periods not exceeding three (3) 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 twenty-four (24) months or such extended period of time as may be granted by the Planning Commission, approval of a new tentative map shall be required.

If a subdivider's application for an extension of time for filing a final map is denied by the Planning Commission, the subdivider may appeal to the City Council within fifteen (15) days after the Planning Commission has denied the time extension. The City Council shall hear such appeal in accordance with the provisions of Section 4-4.404(f) of this chapter. Effective until July 11, 2002 and after July 10, 2003.

(2) Filing Within Twenty-Four Months of Tentative Approval. The subdivider or his/her agent may file a final map within twenty-four (24) months after the approval or conditional approval of the tentative map. A map shall be deemed to be filed when it is accepted by the City as being in compliance with the provisions of this chapter and in substantial compliance with the tentative map. The twenty-four (24) month period shall not include any days during which the final map is being reviewed by the City. Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the City Council may extend the time for filing a final map for a period or periods not exceeding three (3) 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 twenty-four (24) months or such extended period of time as may be granted by the City Council, approval of a new tentative map shall be required. This subsection 4-4.601(a)(2) shall remain in effect and shall supersede subsection 4-4.601(a)(1) only until July 10, 2003, and as of that date is repealed unless extended or amended by a later enacted ordinance.

(b) Fees. A tracing of the final map shall be filed with the Public Works Director. 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.

(c) Filing of Traverse Sheets. At the time of the filing of final map with the Public Works Director, the subdivider shall also file therewith 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 of error of one (1) in ten thousand (10,000).

(d) Report and Guarantee of Clear Title. 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 said 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 said 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 said map and offering for dedication the streets, alleys and other public places shown thereon are all the persons necessary to pass clear title to said subdivision and the dedication shown thereon.

(Ord. 1041-N.S., amended by Ord. 909-C.S., Ord. 993-C.S., Ord. 1015-C.S., Ord. 1254-C.S., Ord. 1436-C.S., Ord. 1437-C.S., Ord. 1637-C.S., Ord. 2117-C.S., § 1, Ord. 2156-C.S., § 1, Ord. 2662-C.S., § 1, Ord. 3128-C.S., § 4, Ord. 3262-C.S., § 1, and Ord. 3364-C.S., § 3, effective 12-9-04)

(a) Legibility and Size.

(1) 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 acknowledgments 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 (18) by twenty-six (26) inches leaving an entirely blank margin of one (1) inch.

(2) When the final map consists of more than two (2) 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, north point, legend, sheet number and number of sheets comprising the map.

(b) Title. 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.

(c) Distances and Bearings. 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 (1) acre or more shall show total acreage to nearest hundredth. Bearing and 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.

(d) Boundary References and Monuments.

(1) 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 and properties shown.

(2) Whenever the Public Works Director has established the center line 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. If the points were reset by ties the course and detail of relocation data used shall be stated.

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

(e) Information Required. In addition, the final map shall be prepared in full compliance with the following requirements:

(1) 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.

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

(3) Boundary of Subdivision. The boundary of the subdivision shall be designated by a blue border one-eighth (⅛) inch in width applied to the reverse side of the tracings. Such border shall not interfere with the legibility of figures or other data.

(4) Right-of-Way Dimensions. The center lines and said lines of all streets, the total width of all streets, the widths each side of the center line, 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.

(5) 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 of record, a statement of such easement must appear on the title sheet. Easements for storm drain, sewers and other purposes shall be denoted by the fine broken lines. The width of the easement and the lengths and bearings of the lines thereof and sufficient ties thereto 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.

(6) Acreage. The total acreage of the subdivision to the nearest one hundredth ( 1/100 th) of an acre shall be shown on the face of the final map.

(7) Block Numbers. Block numbers shall be assigned by the office of the Planning Commission. The numbers shall be solid and of sufficient size and thickness to stand out, and shall be so placed as not to obliterate any figure and shall not be enclosed in any design. Each block in its entirety shall be shown on one (1) sheet. Where adjoining blocks appear on separate sheets, the street adjoining both blocks shall be shown on both sheets complete with center line and property line data.

(8) Lot Numbers. Lot numbers shall begin with the number "1" in each block and shall be consecutive with no omissions or duplications. If deemed necessary by the Secretary of the Planning Commission, omissions may be made when only a portion of the block is to be recorded and the remainder of the block is to be completed as part of a subsequent subdivision.

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

(10) 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.

(11) 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. 1041-N.S., amended by Ord. 993-C.S., Ord. 1460-C.S., Ord. 3128-C.S., § 4, and Ord. 3364-C.S., § 3, effective 12-9-04)

(a) The following certificates and acknowledgments and others required by law shall appear on the final map; such certificates may be combined where appropriate.

(1) Certificate by Parties Holding Title. A certificate signed and acknowledged by all parties having any title interest in the land subdivided, consenting to the preparation and recordation of said map, provided however, that the signatures of parties owning the following types of interests may be omitted if their names and the nature of their interests are set forth on the map.

(i) Rights-of-way, easements or other interest which cannot ripen into a fee, except those owned by a public entity or public utility unless it is determined by the City Council 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; provided that such signatures may be required by the City Council. If such signatures are not required by the City Council, the subdivider shall send, by certified mail, a sketch of the proposed final map, together with a copy of this section, to any public entity or public utility which has previously acquired a right-of-way or easement. If the public entity or public utility objects to recording the final map without the signature of each public entity or public utility, it shall so notify the subdivider and within thirty (30) days after receipt thereof, otherwise the signature may be omitted. Failure of the public entity or public utility to object to recording the final map without its signature shall in no way affect its rights under a right-of-way easement.

(ii) Rights-of-way, easements or reversions, which by reason of changed conditions, long disuse or laches appear to be no longer of practical use or value and which signature it is impossible or impractical to obtain. In this case, a reasonable statement of the circumstances preventing the procurement of the signature shall be set forth on the map.

(iii) Any subdivision map including land originally patented by the United States or this State, under patent reserving interest to either or both of these entities, may be recorded under the provisions of this article without the consent of the United States or of this State thereto, or to dedication made thereon.

(iv) Interest in or rights to minerals including but not limited to oil, gas or other hydrocarbon substances, if:

(A) The ownership of such interests or rights does not include a right of entry on the surface of the land; or

(B) The use of the land, or the surface thereof, in connection with the ownership of such interests or rights, is prohibited by zoning or other local ordinances or regulations, provided that such signatures may be required by the City Council.

(2) Dedication Certificate. A certificate signed and acknowledged as above offering for dedication all parcels of land shown on the final map and intended for any public use, except those parcels other than streets which are intended for the exclusive use of the lot owners in the subdivision, their licensees, visitors, tenants and servants.

(3) Engineer's Certificate. A certificate by the civil engineer or licensed surveyor responsible for the survey and final map. The signature of such civil engineer or surveyor, unless accompanied by his/her seal, must be attested.

(4) Certificates for execution by each of the following:

(i) Public Works Director;

(ii) Secretary of the Planning Commission;

(iii) City Clerk;

(iv) County Recorder.

(5) Certificates Regarding Tax Liens.

(i) Prior to the filing of the final map with the governing body, the subdivider shall file with the Clerk of the Board of Supervisors of Stanislaus County, a certificate from the official, computing redemptions in the County or any municipal corporation in which any part of the subdivision is located, showing that, according to the records of his/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.

(ii) As to taxes or special assessments collected as taxes not yet payable, the subdivider shall file with the Clerk of the Board of Supervisors mentioned, a certificate by each proper officer giving the Clerk's estimate of the amount of taxes and assessments which are a lien but which are not yet payable.

(iii) Whenever any part of the subdivision is subject to 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, a good and sufficient bond to be approved by said Board and by its terms made to inure to the benefit of the County and conditioned 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 same amount, and of the kind approved for securing deposits of public money.

(Ord. 1041-N.S., amended by Ord. 1436-C.S., Ord. 1437-C.S., Ord. 3128-C.S., § 4, and Ord. 3364-C.S., § 3, effective 12-9-04)

(a) Approval of Planning Commission. The Secretary of the Planning Commission upon receiving the final map from the subdivider or his/her agent shall examine the same to determine whether said map conforms with the tentative map and with all changes and requirements imposed as a condition to the acceptance of said tentative map by the Planning Commission. If it is determined that the final map does not conform, the subdivider shall be advised of the changes or additions that must be made before the final map can be certified by the Secretary of the Planning Commission. If the subdivider is not satisfied with the determination made by the Secretary of the Planning Commission, he/she may appeal in writing, within fifteen (15) days, to the Planning Commission. If it is determined that the map is in conformity, the Secretary of the Planning Commission shall certify approval thereon.

(b) Approval by Public Works Director. Upon approval by the Secretary of the Planning Commission, the final map and other data shall be submitted to the Public Works Director, who shall examine and determine that the subdivision as shown is substantially the same as it appeared on the tentative map, and any improved alterations thereof, that all provisions of the law and of this chapter applicable at the time of approval of the tentative map have been complied with, and that he/she is satisfied that the map is technically correct. If the Public Works Director shall determine that full conformity therewith has been made, he/she shall so certify on said map. In the event a subdivision is partly in the City and partly outside the City, the County Surveyor and the Public Works Director shall enter into an agreement by and with the consent of their respective governing bodies, providing that the County Surveyor may perform the duties of the Public Works Director or vice versa, or providing for an apportionment between them of said duties. The County Surveyor or the Public Works Director, when by such agreement all such duties devolve upon either one, may after his/her performance thereof make the aforesaid certification upon said map and, when by such agreement said duties are apportioned between the County Surveyor and Public Works Director, it shall be sufficient, if each shall, after the performance thereof, make a certification on said map, touching the duties performed by each. When all certificates required on the final map have been signed, except the approval certificate of the Council, the Public Works Director shall transmit said map to the City Clerk.

(c) Approval by City Council.

(1) At its first regular meeting following the transmittal of the final map to the City Clerk, the Council shall consider said 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 chapter 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 4-4.605 of this article. In such case, when the agreement has been approved by the City Attorney as to form and by the Public Works Director as to sufficiency, and when the improvement security has been approved by the City Attorney as to form and by the Finance Director as to sufficiency, the Council may consider the final map.

(2) The Council shall approve said map if it is determined to be in conformity with the provisions of law and of this article. The Council shall disapprove said map if it is determined to be not in conformity with the provisions of law and of this chapter and shall advise the subdivider of its disapproval, and the reason or reasons therefor.

(d) Action by City Clerk. 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. 1041-N.S., amended by Ord. 638, Ord. 1254-C.S., Ord. 1436-C.S., Ord. 1437-C.S., Ord. 3128-C.S., § 4, and Ord. 3364-C.S., § 3, effective 12-9-04)

(a) Provisions of Agreement.

(1) 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/she shall complete all improvement work to the satisfaction of the Public Works Director or designee, and providing that if he/she shall fail to complete such work within such period, the City may complete the same and recover the full cost and expense thereof from the subdivider. The agreement shall also provide for inspection of all improvements by the Public Works Director or designee, and reimbursement of the City by the subdivider for the cost of such inspection. The agreement shall also provide that the subdivider shall guarantee and warrant subdivision improvements for a period of one (1) year following the completion and acceptance thereof against any defective work or labor done, or any defective materials furnished.

(2) Such agreement may also provide:

(i) For the construction of the improvements in units;

(ii) For extension of time under conditions therein specified;

(iii) For partial release of the improvement securities upon acceptance by the City Council of the work as it progresses;

(iv) For the financing and construction of any or all of such improvements under an appropriate special assessment act proceeding, the subdivider shall agree, in writing, to initiate, and so far as may be in his/her power, to consummate such proceedings, within such time as may be prescribed by the Council.

(b) Improvement Security. The subdivider shall also file with the aforesaid agreement, two (2) improvement securities, each to be in an amount based upon the total estimated cost of the improvement as determined by the Public Works Director. One (1) improvement security shall secure faithful performance of said agreement and shall be in an amount equal to one hundred (100) 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/her subcontractors and to persons renting equipment or furnishing labor or materials to them for said improvements, and shall be in an amount equal to fifty (50) percent of the total estimated cost of the improvements. Such improvement securities shall be in one (1) of the following forms:

(1) A cash deposit or deposits;

(2) A bond or bonds issued by one (1) or more duly authorized corporate sureties;

(3) A savings and loan certificate and share in accordance with Article 6 of Chapter 4 of Title 2 of this Code;

(4) An instrument or instruments of credit from one (1) 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.

The required security shall be in an amount determined by the Public Works Director as sufficient to cover the cost of said improvements, engineering, inspection, fees and incidental expenses. The required improvement security shall be approved by the Finance Director as to sufficiency and by the City Attorney as to form.

(c) Forfeiture of Improvement Security. In the event the subdivider shall fail to complete all improvement work in accordance with the provisions of this chapter and the City shall have to complete same, or if the subdivider shall fail 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 or credit, or cash deposit shall exceed 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 shall be less than the cost and expense incurred by the City, the subdivider shall be liable to the City for such difference.

(d) Release of Improvement Security. 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 Public Works Director that the work covered thereby has been satisfactorily completed and upon approval of the Council.

(e) Guarantee and Warranty Security. In addition to the improvement securities specified in subsection (b) of this section, the subdivider shall file with the subdivision agreement an amount as specified in said agreement to guarantee and warrant subdivision improvements for a period of one (1) year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished. The Public Works Director is authorized to release said security upon expiration of the guarantee and warranty period if it is determined that subdivision improvements so guaranteed and warranted are satisfactory.

(Ord. 1041-N.S., amended by Ord. 546-C.S., Ord. 638-C.S., Ord. 1154-C.S., Ord. 1254-C.S., Ord. 1436-C.S., Ord. 1437-C.S., Ord. 2117-C.S., § 1, Ord. 3128-C.S., § 4, and Ord. 3364-C.S., § 3, effective 12-9-04)

Prior to the submission of the final map, the subdivider shall file with the Chief Building Official a preliminary soil report, prepared by a civil engineer who is registered by the State of California, based upon adequate test borings or excavations of every subdivision for which a final map is required. The preliminary soil report may be waived if the Chief Building Official shall determine that, due to the knowledge of the Development Services Division of the Community Development Department as to soil qualities of the subdivision, no preliminary analysis is necessary.

(Ord. 836-C.S., amended by Ord. 1436-C.S., Ord. 1437-C.S., and Ord. 3128-C.S., § 4, effective 5-27-99)

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 of California. 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 Chief Building Official.

(Ord. 836-C.S., effective 8-4-67)

The Chief Building Official 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. 836-C.S., effective 8-4-67)

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 of the City of Modesto.

(Ord. 1386-C.S., amended by Ord. 1436-C.S., and Ord. 1437-C.S., effective 3-10-75)