9-9 - Final Maps.

9-9.002 Time Limit. Prior to expiration of the tentative map for which a final map was required, the subdivision or any part thereof shall be surveyed and the boundary thereof monumented or referenced and the final map thereof shall be filed with the Novato city engineer. The final map shall be prepared by a registered civil engineer or licensed land surveyor, in conformance with the tentative map, the conditions of approval, and the requirements set forth in this chapter.

(Ord. No. 749, § 7.09.002; Ord. No. 989, § 1; Ord. No. 1128, § 15)

9-9.003 Phasing. Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of a tentative map if (a) the subdivider, at the time the tentative map is filed, notifies the community development director in writing of the subdivider's intention to file multiple final maps on the tentative map; or (b) after filing of the tentative map, the planning commission and the subdivider concur in the filing of multiple final maps. In submitting such a request, the subdivider shall not be required to define the number or configuration of the proposed multiple maps.

The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of such tentative map, including the expiration date. The right of the subdivider to file multiple final maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple final maps.

(Ord. No. 1128, § 16)

9-9.004 Number of Copies Required. The engineer or land surveyor shall file with the Novato department of community development and other affected agencies the number of copies of the final map check prints as may be required by the city engineer.

(Ord. No. 749, § 7.09.004; Ord. No. 989, § 1)

9-9.006 Form and Content. The final map shall conform to the requirements of the Subdivision Map Act, this chapter, and Chapter V, the Novato Development Standards Ordinance.

a.

Title. The title of each sheet of said final map shall consist of the approved name of the subdivision, conspicuously placed in the lower right hand corner of the sheet, followed by the words, "City of Novato".

b.

Survey Data. Sufficient data must be shown on the map to determine the bearing length of every lot line, block line, and boundary line. Dimensions of proposed lot lines shall be shown in feet and hundredths of feet. No ditto marks shall be used. Lots one acre or smaller shall be shown to the nearest square foot. Lots larger than one acre shall show net acreage to the nearest hundredth. Bearings and distances of straight lines, radii and arc length or chord bearings and lengths for all curves, and such information as may be necessary to determine locations of the centers of curves shall be shown.

c.

Ties to California Coordinate System. If required by the city engineer, the subdivision survey shall be tied to the California Coordinate System by the method and to the standards shown in Chapter V, the Novato Development Standards Ordinance. Coordinate Monuments used for the survey shall be designated on the final map. Coordinates need not be shown on the map, but coordinates for points shown shall be filed with the city engineer.

d.

Center lines of streets and alleys are to be shown. Whenever the city engineer has established the center line of the street or alley adjacent to, or in, the proposed subdivision, the data shall be shown on the final map.

e.

Maps shall clearly show existing monuments or other evidence found and used in determining the boundary of the subdivision. The corners of all adjoining properties and subdivisions shall be identified by lot together with block numbers, subdivision names, recording data, or other proper designation.

f.

All streets, easements, and parcels offered for dedication shall be clearly delineated and des-ignated with all dimensions, boundaries, and courses clearly shown and defined. Parcels offered for dedication other than for streets or easements shall be designated by number or letter. Sufficient linear, angular, and curve data shall be shown to determine the bearing and length of the boundary lines of every block, lot and parcel. Map sheets shall be arranged so that no lot is split between two or more sheets and each lot in its entirety shall be shown on one sheet. Lot numbers shall begin with the numerical 1 and continue consecutively throughout the subdivision with no omissions or duplications. Lots shall be numbered consecutively throughout all units of subdivisions with the same name. No block designations shall be used.

g.

The side lines of all existing and proposed easements shall be shown by broken lines. If any easement already on record cannot be definitely located, a statement of the existence, the nature thereof, and its

recorded reference must appear on the title sheet. Distance and bearings on the sidelines of lots which are cut by an easement shall be arrowed or shown so that the map will indicate clearly the actual lengths of the lot lines. The widths of all easements and sufficient ties to locate them must be shown. All easements must be clearly labeled and identified. If an easement shown on the map is already of record, its recorded reference must be given. If an easement is being dedicated on the map, it shall be offered on the map for a specified public use.

h.

All final maps shall have location maps relating the subdivision to the general layout of the city. Location maps may be placed on the first map sheet rather than on the certificate sheet.

i.

When the final map consists of more than two map sheets, a key map showing the relationship of the sheets shall be placed on the first map sheet. Every map sheet shall bear to scale, north point, title, legend, sheet number, and number of sheets comprising the map.

j.

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, the name of the engineer making the soils report and geologist making the geologic report and shall state that such report is on file for public inspection in the office of the City of Novato Department of Community Development.

k.

Certificates and acknowledgements shall be on the final map or on a separate instrument and shall conform to the Subdivision Map Act Sections 66433 et seq.

1.

When the subdivision is a condominium, a certificate consenting to the recording of the condominium plan shall be included in the owners certificate in accordance with Section 1351 of the California Civil Code.

2.

When a subdivision contains common area, to be maintained by a homeowners association, the following certificate shall be added to the final map or condominium plan.

No change or alterations, except for routine maintenance and repairs, may be made to improvements or landscaping in the common area without the written consent of the community development director of the City of Novato.

(Ord. No. 749, § 7.09.006; Ord. No. 867, § 15; Ord. No. 967, § 10; Ord. No. 989, § 1; Ord. No. 1059, § 12; Ord. No. 1128, § 17)

9-9.008 Documents to be Submitted with the Final Map. At the time of submitting the final map to the city engineer, the subdivider shall submit the following documents:

a.

Traverse sheets, in a form approved by the city engineer, giving coordinates of the boundary of the subdivision, lots, and street center lines therein. Whenever such traverse sheets are not accompanied by electronically computed traverse data, there shall be payable by the subdivider an additional fee equal to the cost to the city of obtaining such data.

b.

The final map shall be accompanied by a report prepared by a duly authorized title company naming the persons whose consent is necessary for the preparation and recordation of such map and for the dedication of the streets, alleys, easements, and other parcels shown on the map. Such reports shall certify that, as of the date of the preparation of the report, the persons therein named are all persons necessary to convey clear title to the land within such subdivisions.

c.

Plan checking fees and map checking fees in accordance with subsection 9-3.008.

d.

For a cooperative apartment project, condominium stock cooperative, or conversion, three copies of the proposed Declaration of Covenants, Conditions and Restrictions containing the provisions described in Section 1353 of the Civil Code and Section 5-13 of Novato Municipal Code, and all other governing documents for the subdivision, as are appropriate pursuant to Section 1363 of the Civil Code. For all other subdivisions three copies of any proposed "Covenants, Conditions and Restrictions" proposed in connection therewith. All governing documents shall be subject to review and approval of the community development director and the city attorney.

e.

Two copies of the subdivision improvement plan.

f.

Two copies of the subdivision grading plans.

g.

One drainage map and one set of drainage calculations for use in checking storm drainage facilities.

h.

Two copies of the preliminary soils report and soil engineer's recommendations. (See section 9-15)

i.

Two copies of the engineer's estimate of costs and the storm drainage facilities and subdivision improvements.

j.

Other reports, drawings, calculations, and analyses as may reasonably be required by the city engineer in order to evaluate the subdivision design.

k.

One copy of the current owners deed encompassing the land to be subdivided.

(Ord. No. 749, § 7.09.008; Ord. No. 1059, § 13; Ord. No. 1128, § 18)

9-9.010 City Engineer's Action on Final Maps. The city engineer will check the final map for technical accuracy, conformance with State law, conformance with city ordinances and standards, and conformance with the conditions of approval. When he is satisfied the final map is correct, the city engineer will sign the original map.

The following documents and material must be submitted to the city engineer prior to further action on the final map:

a.

Four signed copies of the improvement agreement and four copies of the improvement security required in accordance with Section 9-27.

b.

A corporate resolution or other document authorizing signatures to the agreement.

c.

Letters from all involved utility companies, agencies, districts and departments stating that financial arrangements have been made to serve the subdivision.

d.

Approved copies of the improvement plans, grading plans, utility plans and other plans which may be required in the number specified by the city engineer.

e.

The original and one print of the final map.

f.

Eight prints of the final map, reduced to 9 inches by 13 inches in size.

g.

A soil engineer agreement letter signed by a soil engineer or engineering geologist agreeing to perform all soil supervision and testing required by city regulations and to provide the city engineer copies of all test information and reports.

h.

Other documents which may be required by city ordinances, standards or conditions of approval.

i.

A cash deposit for environment protection in accordance with Chapter V, the Novato Development Standards Ordinance.

After completion and receipt of the signed documents and material listed above the final map is considered to be filed for city council action and the city engineer shall prepare a resolution for consideration by the city council for approval of such map and acceptance or rejection of such dedications, parcels and easements as is appropriate and shall present the final map to the city council at its next scheduled regular meeting.

(Ord. No. 749, § 7.09.010; Ord. No. 989, § 1)

a.

The city council shall examine the final map and approve by resolution, or disapprove such map, in accordance with Section 66458 of the Subdivision Map Act. The city council may accept or reject, on behalf of the public, those parcels, dedications and easements offered on the final map.

b.

Required Findings for an Approval Action. The city council shall not approve a final map unless it finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the Novato General Plan, any applicable specific plan and Chapter XIX, the Novato Zoning Ordinance.

If the subdivision is to be created from the conversion of a residential real property into a condominium project, a community apartment project, or a stock cooperative project, the city council shall also make the findings required by Section 66427.1 of the Subdivision Map Act.

c.

Findings Which Require Denial of a Final Map.

1.

The city council shall not approve a final map when the requirements or conditions imposed by the Subdivision Map Act or by this chapter, applicable at the time the tentative map was approved, have not been met or performed.

(a)

Any denial pursuant to this section shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed.

(b)

The provisions of this section may be waived as part of the council action on the final map provided that it finds that the failure of map, under this section, is not result of a technical and inadvertent error which does not materially affect the validity of the map.

2.

The city council shall not approve a final map for any land project, as defined in Section 11000.5 of the California Business and Professions Code, unless:

(a)

The planning commission or city council has adopted a specific plan covering the area proposed to be included within the land project; and

(b)

The city council finds that the proposed land project, together with the provision for its design and improvement, is consistent with the specific plan for the area.

(c)

For the purposes of this section, an approved precise development plan or a final plan review approval, as set forth in Chapter XIX, the Novato Zoning Ordinance, constitutes a specific plan.

(Ord. No. 749, § 7.09.014; Ord. No. 967, §§ 11, 12)

9-9.015 Recording. Within five working days of the city council approval of a final map, the city engineer shall transmit the signed original final map to the county clerk unless the map is subject to Section 66493 of the Subdivision Map Act. The county clerk will transmit the map to the county recorder in accordance with Section 66464 of the Subdivision Map Act.

(Ord. No. 749, § 7.09.015; Ord. No. 1128, § 19)

9-9.016 City Records. Within 30 days of the recording of the final map, the subdivider shall deliver to the city engineer a permanent, reproducible, 3 mil thick, polyester-based film copy of the recorded final map. At the same time, the subdivider shall deliver to the city engineer nine paper prints of the recorded map.

(Ord. No. 749, § 7.09.016)

9-9.017 Correction or Amendment of Final Maps. After a final map is filed in the office of the county recorder, it may be amended by a certificate of correction or an amending map pursuant to Sections 66469 through 66472.1 of the Subdivision Map Act.

(Ord. No. 967, § 13)

9-10 - Reserved.

9-11 - Parcel Maps.