Article V — Final Subdivision Maps

§ 31-26. General. [Ord. No. 1034, § 1.]

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

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

§ 31-27. Phasing. [Ord. No. 1034, § 1.]

Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if the subdivider, at the time the tentative map application is filed, notifies the community development director in writing of the subdivider's intention to file multiple final maps on the tentative map in accordance with this chapter. In providing the notice, the subdivider shall not be required to define the number or configuration of the proposed multiple final maps. The planning commission shall approve the sequence of map approvals. After filing of the tentative map application, the community development director, the public works director, and the subdivider shall concur in the filing of multiple final maps.

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 or conditionally approved tentative map shall have a separate subdivision number. The subdivision improvement agreement executed by the subdivider shall provide for the construction of improvements as required to constitute a logical and orderly development of the whole subdivision. The right of the subdivider to file multiple final maps shall not limit the authority of the city to impose reasonable conditions related to the filing of multiple final maps.

§ 31-28. Survey required. [Ord. No. 1034, § 1.]

An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer authorized to practice land surveying 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 1/10,000 for field closures and 1/20,000 for calculated closures.

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. All exterior boundary lines shall be monumented prior to recording the final map exceptions may be approved by the public works director.

§ 31-29. Form. [Ord. No. 1034, § 1.]

The final map shall be prepared by or under the immediate direction of a registered civil engineer or licensed land surveyor, shall be based on a survey and shall be in the following form and content.

The final map shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on 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.

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City of Oakdale, CA § 31-29

SUBDIVISIONS

§ 31-30

The size of each sheet shall be eighteen inches 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 1" = 100' 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 shall be included. 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. The final form of the final map shall be as approved by the public works director.

§ 31-30. Contents. [Ord. No. 1034, § 1.]

The contents of the final map shall conform to the Subdivision Map Act and as follows:

• (a) Boundary. 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.

• (b) Title. 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 recorded survey. The following words shall appear in the title, "City of Oakdale, Stanislaus County."

• (c) Certificates and acknowledgements. The following certificates and acknowledgements and others required by law shall appear on the final map; such certificates may be combined where appropriate:

  • (1) A certificate signed and acknowledged by all parties having any title interest in the land subdivided, consenting to the preparation and recording of the map, provided, that the signature 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:

    • a. Rights-of-way, easements or other interest, none of which can ripen into a fee;

    • b. 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;

• c. Any subdivision map including land originally patented by the United States or the state, under patent reserving interest to either or both of these entities, may be recorded under the provision of this chapter without consent of the United States or the state, thereto, or to dedication made thereon.

  • (2) A certificate signed and acknowledged as in subsection (1) 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) A certificate by the civil engineer or licensed land surveyor responsible for the survey and final map. This certificate unless attested shall be accompanied by his seal;

  • (4) A certificate for the city engineer showing he has examined the map and found it technically correct and in conformance with state laws and all city ordinances;

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City of Oakdale, CA § 31-30

OAKDALE CITY CODE

§ 31-30

• (5) Certificate for city clerk for execution by the city clerk;

• (6) Certificate for county recorder for execution by the county recorder;

• (7) Prior to the filing of the final map with the governing body, the subdivider shall file with the city clerk a certificate from the official computing redemptions for the city, showing that according to the records of his office there are no liens against the subdivision or any part thereof for unpaid state, county, district or local taxes or special assessments collected as taxes, except taxes or special assessments not yet due and payable.

As to taxes or special assessments collected as taxes not yet payable, the subdivider shall file with the city clerk a certificate by each proper officer giving his estimate of the amount of taxes and assessments which are a lien but which are not yet payable.

• (d) Scale, north point and basis of bearings. There must appear on each map sheet the scale, the north point and the basis of bearings based on Zone II of the California Coordinates, and the equation of the bearing to true north. The basis of bearings shall be approved by the public works director.

• (e) Linear, angular and radial data. 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, the boundary lines on every lot and parcel which is a part of the subdivision, and ties to existing monuments used to establish the boundary. Arc length, radius and total central angle and radial bearings of all curves shall be shown. Ditto marks shall not be used in the dimensions and data shown on the map.

• (f) Monuments. The location and description of all existing and proposed monuments shall be shown. Standard city monuments shall be set at, or on public works director approved offsets, the following locations:

  • (1) The intersection of street centerlines;

  • (2) Beginning and end of curves or intersection of tangents on centerlines;

• (3) At other locations as may be required by the public works director.

• (g) Lot numbers and block numbers. Lot numbers and block 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 and block numbers may begin with the next consecutive number following the last number in the preceding unit. Each lot and block shall be shown entirely on one sheet of the final map, unless approved by the public works department.

• (h) Adjoining properties. 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 subdivision is adjacent, then by the name of the owner and reference to the recorded deed by book and page number for the last record owner.

• (i) City boundaries. City boundaries which cross or join the subdivision shall be clearly designated.

• (j) Street names. The names of all streets, alleys, or highways within or adjoining the subdivision shall be shown.

• (k) Street dedications and easements. Easements and dedications for, including but not limited to roads or streets, paths, alleys, utilities, local transit facilities, storm water drainage, sanitary sewers or other

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City of Oakdale, CA § 31-30

SUBDIVISIONS

§ 31-31

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.

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.

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.

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 public works director.

§ 31-31. Preliminary submittal for city approval. [Ord. No. 1034, § 1.]

The subdivider shall submit prints of the final map to the public works director for checking. The preliminary prints shall be accompanied by the following data, plans, reports, and documents in a form as approved by the public works director and, where applicable, the city attorney:

• (a) Improvement plans. Improvement plans as required by this chapter.

• (b) Soils report. A soils report prepared in accordance with this Code and the current adopted edition of the Uniform Guideline Code.

• (c) Title report. A title report showing the legal owners at the time of submittal of the final map, being no older than six months.

• (d) Tax certificate. Prior to map recordation, a certificate shall be signed by the county tax collector stating that all taxes due have been paid, or that a tax bond or other adequate form of security, assuring payments of all taxes which are a lien but not yet payable, has been filed with the county.

• (e) Deeds for easements or rights-of-way. Deeds for off-site easements or rights-of-way required for road 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 of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the facility.

• (f) Traverse closures. Traverse closures for the boundary blocks, lots, easements, street centerlines and monument lines.

• (g) Hydrology and hydraulic calculations. Complete hydrology and hydraulic calculations of all storm drains and flood flow.

• (h) Governing documents. The submittal of the final map or parcel map for a common interest development within the meaning of Sections 1350 et seq. of the State Civil Code shall include the proposed Declaration of Covenants, Conditions and Restrictions containing the provisions described in Section 1353 of the Civil Code, and all other governing documents for the subdivision as are appropriate pursuant to Section1363 of the Civil Code. The submittal of the final map or parcel map for all subdivisions other than a common interest development shall include any Declaration of Covenants, Conditions and Restrictions proposed in connection therewith. All documents shall be subject to review and approval by the public works director and city attorney.

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City of Oakdale, CA

OAKDALE CITY CODE

§ 31-31

§ 31-34

• (i) Guarantee of title. A guarantee of title, in form acceptable to the public works director and city attorney, shall be issued by a competent title company to and for the benefit and protection of the city and shall be continued complete up to the instant of recording of the final map, guaranteeing that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided, and all public easements being offered for dedication, and all acknowledgments thereto, appear on the proper certificates and are correctly shown on the map, both as to consents as to the making thereof and affidavits of dedication where necessary.

• (j) Improvement agreement. In the event sewer, water, drainage, grading, paving, or other improvements are required and have not been completed prior to the presentation of the final map, an agreement complete with the appropriate security shall be approved and recorded prior to, or concurrent with, final map recordation.

• (k) Liability agreement and insurance. Prior to construction, a hold-harmless agreement shall be provided obligating the subdivider to hold the city and its officers, agents and employees harmless from any liability for damages or claims for damages for personal injury or death which arise from the operations of the subdivider and/or the subdivider's subcontractors in connection with the subdivision. A certificate of insurance reporting to the city the amount of insurance the subdivider carries for the subdivider's own liability for damages or claims for damages for personal injury or death which arise from the operations of the subdivider or his subcontractors in connection with the subdivision. The certificate of insurance shall name the city as an additional insured. The agreement and certificate required by this subsection shall be subject to prior review and approval by the public works director and city attorney.

• (l) Any additional data, reports, or information as required by the public works director or city attorney.

§ 31-32. Review by public works director. [Ord. No. 1034, § 1.]

The public works director shall review the final subdivision map and any other required information and the subdivider shall make corrections and/or additions until acceptable to the public works director.

§ 31-33. Approval by city engineer. [Ord. No. 1034, § 1.]

The subdivider shall submit to the city engineer the original tracing of the map and any duplicates per county requirements, corrected to its final form and signed by all parties required to execute the certificates on the map. Original signatures shall appear on the original drawing and on the blueline duplicate. Upon receipt of all required certificates and submittals, the city engineer shall sign the appropriate certificates and transmit the original map to the city clerk.

§ 31-34. Approval by city council. [Ord. No. 1034, § 1.]

The final map approved by the city engineer as complying with the approved or conditionally approved tentative map shall be filed with the city council for approval after all required certificates have been signed. The date the map is deemed filed with the city council, is the date on which the city clerk receives the map. The city council shall consider the final map for approval at its next regular meeting after the city clerk receives the map. Before approving the final subdivision, an improvement agreement in accordance with the requirements of this chapter shall be approved.

Upon approval of the subdivision improvement agreement and final map, the city council shall instruct the city clerk to execute the agreement on behalf of the city. With the approval of the final map, the city council shall also accept, conditionally accept, or reject any offer of dedication. The city clerk shall

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City of Oakdale, CA § 31-34

SUBDIVISIONS

§ 31-36

certify on the final map the action by the city council. If at the time the final map is approved, any offers of dedication including but not limited to streets, paths, alleys, public utility easements, rights-of-way for local transit facilities, or storm drainage easements are not accepted by the city council, the offer of dedication shall remain open. The city council may, by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the offer of dedication including but not limited to streets, paths, alleys, rights-of-way for local transit facilities, or storm drainage easements, which acceptance shall be recorded in the office of the county recorder.

The city may accept any dedications lying outside the subdivision boundary which require a separate grant deed. The acceptance shall be recorded in the office of the county recorder.

If the subdivision improvement agreement and/or final map is unacceptable, the city council shall make its recommended corrections, instruct the public works director 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.

The city council shall not postpone or refuse approval of a final map because the subdivider has failed to meet a tentative map condition requiring construction or installation of off-site improvements on land which neither the subdivider nor the city has sufficient title or interest to permit the improvements to be made. In such a case, the city shall require the use of an improvement and acquisition agreement.

§ 31-35. Denial by city council. [Ord. No. 1034, § 1.]

The city council shall not deny approval of the final map if the city has previously approved a tentative map for the proposed subdivision and if the city council finds that the final map is in compliance with the requirements of the Subdivision Map Act, this chapter, and the tentative map and all conditions thereof.

§ 31-36. Filing with the county recorder. [Ord. No. 1034, § 1.]

Upon approval of the final map by the city council, the city clerk shall execute the appropriate certificate on the certificate sheet and shall, subject to the provisions of the Subdivision Map Act, transmit the map, or have an authorized agent forward the map, to the county recorder.

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City of Oakdale, CA § 31-37

SUBDIVISIONS

§ 31-42

ARTICLE VI Parcel Maps

§ 31-37. General. [Ord. No. 1034, § 1.]

The form and contents, submittal and approval of applications for tentative parcel maps shall be governed by the provisions of this article.

An application for approval of a tentative map pursuant to this article shall not be submitted nor accepted for filing unless the subdivider has previously obtained all other necessary discretionary city approvals for the development that are required pursuant to the applicable provisions of this Code.

§ 31-38. Form and contents accompanying data and reports. [Ord. No. 1034, § 1.]

The tentative map shall be prepared in a manner acceptable to the department and shall be prepared by a registered civil engineer or licensed land surveyor. The map form, contents and accompanying data and reports shall comply with, and be consistent with the tentative subdivision map requirements.

§ 31-39. Subdivision committee review and action. [Ord. No. 1034, § 1.]

• (a) Upon receipt of a tentative parcel map application that is determined by the department to be complete, the department shall prepare a report and set the matter for a public hearing before the subdivision committee in accordance with the provisions described within this chapter, or before the planning commission in accordance with subsection (b) of this section.

• (b) Either the community development director or the subdivision committee may require that the public hearing be held by the planning commission as opposed to the subdivision committee when the proposed development raises major General Plan issues or extraordinary public concern.

• (c) The tentative parcel map may be approved, conditionally approved, or denied by the subdivision committee or the planning commission, as the case may be, in accordance with the provisions and findings as set forth for tentative subdivision maps.

• (d) If a tentative parcel map is approved or conditionally approved by the subdivision committee, the department shall report any approval thereof to the planning commission.

§ 31-40. Appeals of subdivision committee action. [Ord. No. 1034, § 1.]

Appeals of the subdivision committee action shall be made pursuant to Article I of this Chapter.

§ 31-41. Expiration and extensions. [Ord. No. 1034, § 1.]

The approval or conditional approval of a tentative map shall expire twenty-four months from its approval, unless the expiration date is extended by the subdivision committee. Procedural requirements for tentative parcel map extensions shall be consistent with the requirements for tentative subdivision map extensions.

§ 31-42. Amendments to approved or conditionally approved tentative parcel map. [Ord. No. 1034, § 1.]

Amendments to the approved or conditionally approved tentative map or conditions of approval, determined to be minor in nature, may be approved by the director. However, significant amendments shall be presented to the subdivision committee for its approval. Processing shall be in accordance with the

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City of Oakdale, CA § 31-42

SUBDIVISIONS

§ 31-44

provisions for processing a tentative map as set forth in this article. Any approved amendment shall not alter the expiration date of the tentative map.

§ 31-43. Waiver of parcel map requirements. [Ord. No. 1034, § 1.]

The subdivision committee may, in its discretion, waive all or part of the requirements for a tentative and parcel map for the following:

• (a) Division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees.

• (b) Division of real property resulting from the conveyance of land or any interest therein to or from the city, public entity or public utility for a public purpose such as school sites, public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage, etc.

• (c) Division of real property which has been merged pursuant to this chapter, the Subdivision Map Act or any prior ordinance of the city.

• (d) Any other division of real property which would otherwise require a parcel map as authorized by the provisions of the Subdivision Map Act.

The subdivision committee shall make a finding that the proposed division of land complies with requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act, this chapter, this Code and the General Plan.

Upon the waiver of the parcel map requirement, or the tentative and final map requirement, pursuant to this section, the public works director shall file with the county recorder a certificate of compliance for the land to be divided, complete with certificate by the county tax collector, and a plat map showing the division.

A waiver by the subdivision committee may be conditioned to provide for, among other things, payment by the subdivider of parkland dedication, drainage, and other fees that are permitted by law by a method approved by the subdivision committee.

If any waiver is approved or conditionally approved pursuant to this section, the department shall report any action thereof to the planning commission.

§ 31-44. Parcel maps. [Ord. No. 1034, § 1.]

The form and contents, submittal, approval, and filing of parcel maps shall conform to the provisions of the Subdivision Map Act and this section.

• (a) Survey required. 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 parcel map shall not exceed 1/10,000 for field closures and 1/20,000 for calculated closures.

• (b) Form and contents. The parcel map form and contents shall conform to the form and contents requirements for final subdivision maps.

• (c) Preliminary submittal. The subdivider shall submit prints of the parcel map to the public works

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City of Oakdale, CA § 31-44

OAKDALE CITY CODE

§ 31-44

director for checking. The preliminary prints shall be accompanied by copies of the data, plans, reports and documents as required for final subdivision maps.

• (d) Review and approval. The public works director shall review the parcel map in accordance with the provisions required for final subdivision maps. However, the public works director may waive any of the requirements if the location and nature of the proposed subdivision does not justify compliance with the requirements as described for final subdivision maps.

The city council shall act on parcel maps in accordance with the provisions outlined for final subdivision maps.

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City of Oakdale, CA § 31-45

SUBDIVISIONS

§ 31-49