Morgan Hill Municipal Code Art. III Final Maps

A. The form, contents, accompanying data and filing of the final map shall conform to the provisions of this article.

B. The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor.

(Ord. 635 N.S. § A (part), 1983)

A. An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the final map shall not exceed 1/10000 for field closures and 1/20000 for calculated closures.

B. At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 8771 of the Business and Professions Code so that another engineer or surveyor may readily retrace the survey. At least one exterior boundary line shall be monumented prior to recording the final map. Other monuments shall be set as required by the city engineer.

(Ord. 635 N.S. § A (part), 1983)

A. The form of the final map shall conform to the Subdivision Map Act and as provided in this article.

B. The final map 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.

C. The size of each sheet shall be eighteen by twenty-six 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 not less than one inch equals one hundred feet or as may be necessary 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 sheets, and its relation to each adjoining sheet shall be clearly shown. When four or more sheets including the certificate sheet are used, a key sheet will be included.

D. All printing or lettering on the map shall be of one-eighth inch minimum height and of such shape and weight as to be readily legible on prints and other reproductions made from the original drawings.

E. The final form of the final map shall be as approved by the city engineer.

(Ord. 635 N.S. § A (part), 1983)

The contents of the final map shall conform to the Subdivision Map Act and as provided in Sections 17.20.240 through 17.20.340 of this chapter.

(Ord. 635 N.S. § A (part), 1983)

The boundary of the subdivision shall be designated by a heavy black line in such a manner as not to obliterate figures or other data. Map exclusions may be processed in the manner described in Section 66499.21 and following of the Subdivision Map Act.

(Ord. 1143 N.S. § 21, 1993: Ord. 635 N.S. § A (part), 1983)

Each sheet shall have a title showing the subdivision number and name and the location of the property being subdivided with reference to maps which have been previously recorded, or by reference to the plat of a United States Survey. The following words shall appear in the title, "In the City of Morgan Hill."

(Ord. 635 N.S. § A (part), 1983)

The following certificates shall appear only once on the cover sheet.

A. Owner's Statement. A statement signed and acknowledged by all parties having any record title interest in the subdivided real property, consenting to the preparation and recordation of the final map is required except as provided in subdivision (a) of Section 66436 of the Subdivision Map Act. A notary acknowledgement shall be deemed complete for recording without the official seal of the notary, so long as the name of the notary, the county of the notary's principal place of business, and the notary's commission expiration date are typed or printed below or immediately adjacent to the notary's signature and acknowledgement.

B. Engineer's Certificate.

1. A certificate by the engineer or surveyor responsible for the survey and final map shall appear on the map. The certificate shall give the date of the survey, state that the survey and final map were made by or under the direction of the engineer or surveyor, and that the survey is true and complete as shown.

2. The certificate shall also state that all monuments are of the character and occupy the position 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.

3. The certificate shall state that the map complies to the Subdivision Map Act and the provisions of this title.

C. City Engineer's Certificate. A certificate by the city engineer stating that the map has been examined and that it is in accord with the tentative map and any approved alterations thereof, complies with the Subdivision Map Act of the state and the provisions of this title, and is technically correct.

(Ord. 635 N.S. § A (part), 1983)

D. Planning Commission Certificate. A certificate by the secretary of the planning commission stating that the tentative map was approved by resolution of the planning commission. The date and number of the resolution shall appear in the certificate.

E. City Clerk's Certificate. A certificate for execution by the city clerk stating the date and number of the resolution adopted by the city council approving the final map and stating that the city council 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.

F. Certificate of Soils and Geologic Report. When a soils report, a geologic report, or soils and geologic reports have been prepared specifically for the subdivision, such fact shall be noted on the final map, together with the date of such report or reports, and the name of the engineer making the soils report and geologist making the geologic report and the location where the reports are on file. The certificate shall read, "A soils and/or geologic report for Subdivision No._______ was prepared by me or under my direction and was filed with the City on _______."

G. County Recorder's Certificate.

1. A certificate to be executed by the county recorder stating that the map has been accepted for filing; that the map has been examined and that it complies with the provisions of state laws and local ordinances governing the filing of the final maps.

2. The certificate shall show who requested the filing of the map, the time and date the map was filed and the book and page where the map was filed.

H. County Clerk's Certificate. A certificate to be executed by the county clerk stating that all taxes due have been paid or that a tax bond assuring the payment of all taxes which are a lien but not yet payable has been filed with the county.

(Ord. 635 N.S. § A (part), 1983)

There must appear on each map sheet the scale, the north point and the basis of bearings based on Zone III of the California Coordinates, and the equation of the bearing to true north. The basis of bearings shall be approved by the city engineer.

(Ord. 635 N.S. § A (part), 1983)

Sufficient linear, angular and radial data shall be shown to determine the bearings and lengths of monument lines, street centerlines, the boundary lines of the subdivision and of the boundary lines on every lot and parcel which is a part thereof. Length, radius and total central angle or radial bearings of all curves shall be shown. Ditto marks shall not be used in the dimensions and data shown on the map.

(Ord. 635 N.S. § A (part), 1983)

The location and description of all existing and proposed monuments shall be shown. Standard city monuments shall be set at (or from offsets as approved by the city engineer) the following locations;

A. The intersection of street centerlines;

B. Beginning and end of curves in centerlines;

C. At other locations as may be required by the city engineer.

(Ord. 635 N.S. § A (part), 1983)

Lot numbers shall begin with the number one in each subdivision and shall continue consecutively with no omissions or duplications except where contiguous lands, under the same ownership, are being subdivided in successive units, in which event lot numbers may begin with the next consecutive number following the last number in the preceding unit. Each lot shall be shown entirely on one sheet of the final map, unless approved by the city engineer.

(Ord. 635 N.S. § A (part), 1983)

The adjoining corners of all adjoining subdivisions shall be identified by subdivision number, or name when not identified by official number, and reference to the book and page of the filed map showing such subdivision, and if no such subdivision is adjacent, then by the name of the owner and reference to the recorded deed by book page number for the last recorded owner of such adjacent property.

(Ord. 635 N.S. § A (part), 1983)

City boundaries which cross or join the subdivision shall be clearly designated.

(Ord. 635 N.S. § A (part), 1983)

The names of all streets, alleys or highways within or adjoining the subdivision shall be shown.

(Ord. 635 N.S. § A (part), 1983)

A. Easement for roads or streets, paths, stormwater drainage, sanitary sewers or other public use as may be required, shall be dedicated to the public for acceptance by the city or other public agency, and the use shall be specified on the map. If at the time the final map is approved, any streets, paths, alley or storm drainage easements are not accepted by the city council, the offer of dedication shall remain open and the city council may, by resolution at any later date, accept and open the streets, paths, alleys or storm drainage easements for public use, which acceptance shall be recorded in the office of the county recorder.

B. All easements of record shall be shown on the map, together with the name of the grantee and sufficient recording data to identify the conveyance, e.g., recorder's serial number and date, or book and page of official records.

C. Easements not disclosed by the records in the office of the county recorder and found by the surveyor or engineer to be existing, shall be specifically designated on the map, identifying the apparent dominant tenements for which the easement was created.

D. The sidelines of all easements of record shall be shown by dashed lines on the final map with the widths, lengths and bearings of record. The width and location of all easements shall be approved by the city engineer.

(Ord. 635 N.S. § A (part), 1983)

The map shall show the location of each parcel and its relation to surrounding surveys. If the map includes a "designated remainder" parcel and the gross area of the "designated remainder" parcel is five acres or more, that remainder parcel need not be shown on the map and its location need not be indicated as a matter of survey, but only by deed reference to the existing boundaries of the remainder parcel. A parcel designated as "not a part" shall be deemed to be a "designated remainder" for the purposes of this section.

(Ord. 1143 N.S. § 23, 1993)

The subdivider shall submit four sets of prints of the final map to the city engineer for checking. The preliminary prints shall be accompanied by two copies of the following data, plans, reports and documents in a form as approved by the city engineer.

A. Improvement Plans. Improvement plans as required by Sections 17.32.060 through 17.32.130 of this title.

B. Soils Report. A soils report to the requirements of the city engineer.

C. Title Report. A title report showing the legal owners at the time of submittal of the final map.

D. Improvement Bond Estimate. The improvement bond estimate shall include all improvements within public rights-of-way, easements or common areas and utility trench backfill as provided by the developer, except for those utility facilities installed by a utility company under the jurisdiction of the California Public Utilities Commission.

E. Deeds for Easements or Rights-of-Way. Deed for easements or rights-of-way required for roads or drainage purposes which have not been dedicated on the final map. Written evidence acceptable to the city in the form of rights of entry or permanent easements across private property outside the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the facility.

F. Traverse Closures.

1. Traverse closures for the boundary blocks, lots, easements, street centerlines and monument lines.

2. The error of field closures in the traverse around the subdivision and around the interior lots or blocks shall not exceed one part in twenty thousand.

G. Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic calculations of all storm drains. Complete hydraulic calculations for all sewer mains.

H. Organization Documents. The submittal of the final map or parcel map shall include the proposed declaration of covenants, conditions and restrictions, and all other organizational documents for the subdivision in a form as prescribed by Section 1355 of the Civil Code of the State. All documents shall be subject to review by the city engineer and city attorney.

I. Any additional data, reports or information as required by the city engineer.

(Ord. 635 N.S. § A (part), 1983)

Upon completing the preliminary check, the city engineer shall notice the required connections on the preliminary prints, reports and data and return one set to the subdivider's engineer for revision.

(Ord. 635 N.S. § A (part), 1983)

The subdivider's engineer shall submit two sets of the revised map, reports and data to the city engineer. After checking the revisions, one set shall be returned to the subdivider's engineer marked "Approved as Submitted," "Approved When Corrected as Noted" or "Revise and Resubmit."

(Ord. 635 N.S. § A (part), 1983)

A. Upon receipt of an approved print, the subdivider shall submit the original tracing of the revised map, prepared in accordance with the Subdivision Map Act and this chapter and corrected to its final form, and signed by all parties required by the Map Act and this chapter to execute the certificates on the map, to the city engineer.

B. The city engineer and community development director shall sign the appropriate certificates and transmit the original to the city clerk within twenty days from the time the final map is submitted to him by the subdivider for approval.

(Ord. 635 N.S. § A (part), 1983)

A. The final map, upon execution by the city engineer and community development director, together with the subdivision improvement agreement, shall be filed with the city clerk who will place the map and subdivision agreement on the council agenda for approval. The city council shall receive the final map and subdivision improvement agreement for consideration within ten days after their filing with the city clerk, or at its next regular meeting, whichever is later. The city council shall, at the meeting at which it receives the map, or at its next regular meeting after the meeting at which it receives the map, approve the map if it conforms to all of the requirements of this chapter and of the Subdivision Map Act applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder. If the map does not conform, the city council shall disapprove the map. The city council shall have approved the subdivision improvement agreement before approving the final map.

B. If the subdivision improvement agreement and final map are approved by the city council, it shall instruct the city manager or city engineer to execute the agreement on behalf of the city. If the subdivision improvement agreement and/or final map is unacceptable, the city council shall make their recommended corrections, instruct the city engineer to draft a new agreement and/or revise the final map and defer approval until an acceptable agreement and/or final map has been resubmitted.

C. If the city council does not approve or disapprove the map within the time prescribed by this chapter, or any authorized extension thereof, and the map conforms to all requirements and rulings, it shall be deemed approved and the city clerk shall certify or state the city council's approval on the map.

(Ord. 1143 N.S. §§ 24, 25, 1993: Ord. 635 N.S. § A (part), 1983)

A. The city council shall deny approval of the final map upon making any of the findings contained in Section 17.20.100 of this chapter.

B. The city council shall not deny approval of the final map if it has previously approved a tentative map for the proposed subdivision and if it finds that the final map is in substantial compliance with the previously approved tentative map.

(Ord. 635 N.S. § A (part), 1983)

Upon approval of the final map by the city council and receipt of the improvement security by the city engineer, the city clerk shall execute the appropriate certificate on the certificate sheet and forward the map, or have an authorized agent forward the map, to the clerk of the county board of supervisors for transmittal to the county recorder.

(Ord. 635 N.S. § A (part), 1983)

Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map; provided, however, that the subdivider, at the time the tentative map is filed, informs the community development director of the subdivider's intention to file multiple final maps on the tentative map. In providing such notice, the subdivider shall not be required to define the number or configuration of the proposed multiple maps. However, the planning commission shall approve the sequence of map approvals. The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map. Each final map which constitutes a part, or unit, of the approved tentative map shall have a separate subdivision number. The subdivision improvement agreement to be executed by the subdivider shall provide for the construction of such improvements as may be required to constitute a logical and orderly development of the whole subdivision by units.

(Ord. 635 N.S. § A (part), 1983)