Chapter 21.16 — FINAL AND PARCEL MAPS

(a) Within two years of the approval or conditional approval of a tentative map, or a preliminary parcel map, the subdivider shall cause the subdivision or any part thereof to be surveyed, and a final map or a parcel map, as specified in Chapter 21.08, to be prepared in conformance with the tentative map or preliminary parcel map as approved or conditionally approved, and in compliance with the provisions of the Subdivision Map Act and this title and submitted to the city engineer.

Notwithstanding the foregoing time limitations, in the event that a combined environmental impact reportenvironmental impact statement is being prepared on a development project as defined in Section 65928 of the Government Code pursuant to Section 21083.6 of the Public Resources Code, the city council, if functioning as a lead agency as defined in Section 65929 of the Government Code may waive the base time limits. In any event, the city council shall approve or disapprove such development project within sixty days after the combined environmental impact report-environmental impact statement has been completed and adopted.

(b) An extension of time may be granted by the director of planning in the case of a preliminary parcel map and by the city council after recommendation of the planning commission in the case of a tentative map, upon the written application of the subdivider within two years of the approval or conditional approval of the tentative map or preliminary parcel map or prior to the expiration of any previous extension granted under this subsection. Such extension shall be subject to the maximum limitations set forth in the Subdivision Map Act.

(c) All conditions of approval of the tentative or preliminary parcel map shall be fulfilled prior to approval of a final map or parcel map, except those conditions which are fulfilled by the filing of an agreement to perform those conditions as specified in this title.

(d) Unless a final map or parcel map is filed, and all conditions of approval are fulfilled within said two-year period, or such extension as may be granted, the tentative or preliminary parcel map shall expire and all proceedings shall terminate. Thereafter, no final or parcel map shall be filed without first processing a tentative or preliminary parcel map.

(e) All streets, highways and other public ways, and all other easements, dedication of access rights or areas required or offered for public use and dedication shall be shown on the final or parcel map and such dedications or offers to dedicate shall be made by certificate on the final or parcel map unless otherwise required by this title or by the conditions of approval of the tentative or preliminary parcel map. In the case of a parcel map, the director of planning shall be authorized to accept any offers of dedication on behalf of the city. The city may require as a condition of approval that a fee interest in any areas dedicated for street purposes be conveyed to the city by deed.

el map unless otherwise required by this title or by the conditions of approval of the tentative or preliminary parcel map. In the case of a parcel map, the director of planning shall be authorized to accept any offers of dedication on behalf of the city. The city may require as a condition of approval that a fee interest in any areas dedicated for street purposes be conveyed to the city by deed.

(f) Tracings and an additional number of prints of the final or parcel map as determined by the director of planning which conform to the requirements of the law shall be submitted to the director of planning. (Ord. 4642 § 45, 2000: Ord. 3345 § 35, 1982: Ord. 3157 § 1 (part), 1979)

(a) The subdivider shall submit with the final map or the parcel map all of the following:

(1) With each dedication or offer of dedication for the public use, a preliminary title report issued by a title insurance company, in the name of the record owner, issued to or for the benefit and protection of the city, showing all parties whose consent is necessary and their interest therein;

(2) The instrument prohibiting the right of ingress or egress across rear or side lot lines as may be required by Section 21.20.100 of this title;

• (3) The calculation and traverse sheets used in computing the distance, angles and courses shown on the final or parcel map and the ties to existing and proposed monuments;

• (4) Two copies of any proposed declarations of restrictions;

• (5) The reports, recommendations, conditions, and findings required under Section 21.12.070 of this title concerning soils reports and soils investigations;

• (6) Construction plans and specifications and cost estimates for required and proposed improvements including all test data, calculations and reports necessary to support all design conditions or criteria;

(7) Any other documents, certifications, or instruments necessary to fulfill requirements imposed at the time the tentative map was approved or conditionally approved.

(Ord. 3157 § 1 (part), 1979)

When the final map or parcel map consists of two or more sheets, except sheets showing only certificates and similar text, a key map showing the relation of the sheets shall be placed on the first sheet. Every sheet shall bear the scale, north point, legend, sheet number, and number of sheets comprising the map.

(Ord. 3157 § 1 (part), 1979)

Whenever the city engineer has established a system of coordinates, the survey shall be tied into such system. The map shall show clearly what stakes, monuments, or other evidences were found on the ground to determine the boundary of the tract. The corners of all adjoining recorded subdivisions shall be identified by lot and block numbers, tract name and place of record, or other proper designation.

(Ord. 3157 § 1 (part), 1979)

The map shall indicate the acreage of each lot, to the nearest thousandth of an acre. (Ord. 3157 § 1 (part), 1979)

Block numbers shall begin with the number "one" or letter "a" continuing consecutively without omission or duplication throughout the tract. The numbers or letters 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 sheet. Where adjoining blocks appear on separate sheets, the street adjoining both blocks shall be shown on both sheets complete with monument line and property line data.

(Ord. 3157 § 1 (part), 1979)

The boundary of the tract shall be designated by a distinctive border. Such border shall not interfere with the legibility of figures or other data.

(Ord. 3157 § 1 (part), 1979)

A final map or parcel map shall contain those certificates required by the Subdivision Map Act In addition, a final or parcel map shall contain a certificate for approval by the director of planning. In the case of a parcel map where dedications are required, the director of planning is authorized to accept such dedications and an appropriate certificate shall be included for signature by the director of planning.

(Ord. 3157 § l (part), 1979)

City boundary lines crossing or abutting the subdivision shall be clearly designated and referenced. (Ord. 3157 § 1 (part), 1979)

The map shall show the side lines of all easements to which the lots are subject. Easements shall be labeled clearly and identified. If any easement is not of record, a statement of such easement must appear on the title sheet. Easements for storm drains, sewers, and other purposes shall be denoted by fine dotted lines. The width of the easement and the lengths and bearings of the lines thereof and sufficient ties thereto to locate the easement definitely with respect to the subdivision must be shown.

(Ord. 3157 § 1 (part), 1979)

The map shall show the line of high water if the subdivision or any part thereof is adjacent to a stream and/or an area or areas subject to periodic inundation by flood waters.

(Ord. 3157 § 1 (part), 1979)

If any portion of any land within the boundary shown on any final map, parcel map, or record of survey map is subject to overflow, inundation, or flood hazard by stormwaters, such fact and such portion shall be clearly shown on the final map or parcel map. Such portion shall be enclosed in a separate border on each sheet of the map upon which such portion appears.

(Ord. 3157 § 1 (part), 1979)

Sufficient data shall 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 the net dimensions to the boundaries of adjoining streets and shall be shown in feet and hundredths of feet. No ditto marks shall be used. Bearings and distances of straight lines and radii and arc length of curves shall be shown.

(Ord. 3157 § 1 (part), 1979)

Lot numbers shall begin with the number "one" and shall continue consecutively through the block, with no omissions or duplications.

(Ord. 3157 § 1 (part), 1979)

Whenever the city engineer has established the monument line of a street or alley adjacent to or in the proposed subdivision, the map shall show the date that all such monuments were established, shall indicate all such monuments found, and shall refer such monuments to a field book or map. The map shall state if the points were reset by ties. (Ord. 3157 § 1 (part), 1979)

The map shall show the location and description of all monuments found in making the survey of the proposed subdivision and shall include the bearings and distances to such other existing monuments as may be necessary to establish each portion of the proposed subdivision in relation to such existing monuments. (Ord. 3157 § 1 (part), 1979)

The map shall define, delineate, and designate particularly all lots intended for private purposes; all parcels offered for dedication for any purpose, public or private; and any private streets permitted under the provisions of this title with all dimensions, boundaries, and courses clearly shown and defined in every instance. Parcels offered for dedication but not accepted shall be designated by letter; any private streets shall be designated "not a public street." (Ord. 3157 § 1 (part), 1979)

When a soils report has been prepared, the date of report and the name of the engineer making the report shall be recorded on the map.

(Ord. 3157 § 1 (part), 1979)

The monument and sidelines of all streets, the total widths of all streets, the widths of all the portions of such streets being dedicated, the widths of existing dedications, the widths each side of the monument lines, and the widths of any rights-of-way, including railroad rights-of-way, shall be shown on the map.

(Ord. 3157 § 1 (part), 1979)

The map shall show also all other data that is or may be required by law. In addition, the city may require additional information to be filed or recorded simultaneously with a final or parcel map. The additional information shall be in the form of a separate document or an additional map sheet which shall indicate its relationship to the final or parcel map, and shall contain a statement that the additional in-formation is for informational purposes, de-scribing conditions as of the date of filing, and is not intended to affect record title interest. The document or additional map sheet may also contain a notation that the additional in-formation is derived from public records or reports, and does not imply the correctness or sufficiency of those records or reports by the preparer of the document or additional map sheet.

(Ord. 4661 § 6, 2000: Ord. 3157 § 1 (part), 1979)

(a) Within twenty days after receipt of a final or parcel map submitted, along with accompanying data and documents, which map shall have all certificates other than city approvals fully executed, the city engineer shall examine the map and accompanying materials to determine whether the final or parcel map is substantially the same as the approved or conditionally approved tentative or preliminary parcel map; whether all provisions of the Subdivision Map Act, this title and any other provisions of law applicable at the time of the approval of the tentative or preliminary parcel map have been met; whether all applicable provisions of law governing the approval of final and parcel maps have been met; whether the final or parcel map is technically correct; and whether all conditions of approval have been met. The director of planning shall also review the submitted map and accompanying materials to determine whether all conditions of approval have been met. In the event either the city engineer or the director of planning shall determine that any noncompliance exists, they shall advise the subdivider of that noncompliance and the subdivider shall be afforded an opportunity to correct the map or fulfill any remaining conditions. The time for review by the city engineer and director of planning shall be automatically extended during any period during which the subdivider is attempting to correct the map or fulfill any such conditions. Unless the subdivider informs the city engineer that a determination of approval or disapproval without further modification of the map or fulfillment of conditions is desired, it shall be presumed that the subdivider is attempting to correct those defects of which notice was given.

Upon finally determining whether the map and accompanying materials comply with the aforementioned standards, the city engineer shall either execute the city engineer's certificate on the map or shall render written findings as to any noncompliance or failure to fulfill conditions which prevent the execution of the certificate.

(b) In the case of a parcel map, the city engineer shall forward the map, either certified by the city engineer or with a statement indicating the reasons such certification cannot be issued, to the director of planning. Based upon the report of the city engineer and upon the findings of the review by the director of planning, within fifteen days after receipt of the map from the city engineer, the director of planning shall make those determinations set forth in subsection (a) and shall either approve or disapprove the parcel map. In the event of approval, the director of planning shall cause the map, along with any appropriate documents, to be recorded in the office of the county recorder. In the event of disapproval, written notice of the reasons therefor shall be given to the subdivider.

irector of planning shall make those determinations set forth in subsection (a) and shall either approve or disapprove the parcel map. In the event of approval, the director of planning shall cause the map, along with any appropriate documents, to be recorded in the office of the county recorder. In the event of disapproval, written notice of the reasons therefor shall be given to the subdivider.

(c) In the case of a final map, the director of planning shall file the map, either certified by the city engineer and director of planning, or with a statement indicating the reasons such certification cannot be issued, along with a recommendation of approval or disapproval, to the city clerk for submittal to the city council. For the purpose of this section, said certification may be either upon the map or by report to the city council, with actual certification to be performed after approval by the city council. Upon filing of such map, the city clerk shall place the item upon the agenda of the city council for action in compliance with the provisions of the Subdivision Map Act and for acceptance or rejection of any offers of dedication.

(Ord. 3157 § 1 (part), 1979)

(a) If at the time of approval of the final map or the parcel map, any required improvements have not been completed and accepted, as a condition precedent to the approval of the final map or the parcel map, the subdivider shall execute and file with the city clerk agreement between the subdivider and the city, pursuant to Section 66462 of the Government Code, specifying the period within which the subdivider shall complete all improvements and providing that if the subdivider fails to complete such work within such period, the city may complete such improvement work and recover the full cost and expense thereof from the subdivider. Such agreements may provide

that such improvements shall be completed prior to the issuance of any permits for the development of any of the parcels. Such agreement shall also provide for the checking of improvement plans, the inspection of all improvements by the city engineer and the reimbursement of the city for the cost of such checking and inspections. Such agreement shall also provide that all improvements are subject to approval by the city engineer. Said agreement may also contain such other provisions as may be permissible under law and deemed necessary by the city. The substance and form of any such agreement shall be subject to the approval of the city manager and city attorney and said agreements shall be executed by the city manager on behalf of the city. Such agreements may provide for extensions of time issued by the city manager upon recommendation of the city engineer.

The agreement may also provide for the termination of the agreement upon the completion of proceedings under an assessment district act for the construction of improvements deemed by the city engineer to be at least the equivalent of the improvements specified in such agreement and required to be constructed by the subdivider.

Such agreements and security shall be submitted to the city, fully executed by subdivider prior to the approval of any final or parcel map. No final or parcel map for which such an agreement is required shall be recorded prior to receipt of said agreement and accompanying security. Said agreement shall be recorded concurrently with the map. (Ord. 3157 § l (part), 1979)

Whenever the subdivider enters into an agreement pursuant to Section 21.16.220 of this title, with such agreement and as a further condition of the approval of the final or parcel map, the subdivider shall file with the city adequate security to guarantee full and faithful performance thereof. Such security may be in any form specified in Chapter 5 of the Subdivision Map Act and shall be in the following amounts:

(a) The amount of one hundred percent of the total estimated cost of the improvement or of the act to be performed, including cost of engineering, surveying and inspection, as determined by the city engineer, including an inflationary factor based upon the time for completion, conditioned upon the faithful performance of the act or agreement. In the event the subdivider elects to furnish security in the form of a cash deposit or other pledge of cash, payable to the city upon demand without any conditions precedent, the city manager may approve a reduction in this amount of security guaranteeing performance by not more than fifty percent; provided that the total of such cash deposit guaranteeing both faithful performance and payment of contractors, subcontractors and materialmen shall not be less than one hundred percent of the cost of improvement, and the whole of said deposit shall be available for use for either purpose;

(b) An additional amount equal to fifty percent of the total estimated cost of the improvement, as determined by the city engineer, including an inflationary factor based upon the time for completion, securing payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act;

(c) An amount to be determined by the city engineer to guarantee and warranty the work for a period of one year following the completion and acceptance of the work against any defective work or labor done, or defective materials furnished;

(d) As a part of the obligation guaranteed by the security and in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the city in successfully enforcing the obligations secured.

(Ord. 3157 § 1 (part), 1979)

At the council's first regular meeting following its receipt of the final map or within ten days of the filing of the final map, whichever is later, the city council shall consider such map and any offers of dedication. The city council may

reject any or all offers of dedication. If the city council determines that the map meets the requirements of the Subdivision Map Act and this title, it shall approve the map and certify such approval on the map. It shall transmit the map to the city clerk. The city council shall not disapprove a final map when the failure of the map is the result of a technical and inadvertent error which, in the opinion of the city council does not materially affect the validity of the map; provided that, to the extent possible, the map shall be corrected prior to recordation. (Ord. 3157 § 1 (part), 1979)

No final or parcel map shall have any effect until approved under this title. No title to any property described in any offer of dedication shall be conveyed until the map has been recorded in the office of the county recorder. (Ord. 3157 § 1 (part), 1979)

If a subdivision is partly in the city and partly in the county, the county surveyor and the city engineer shall enter into an agreement by and with the consent of their respective governing bodies providing that either shall perform the duties prescribed for the city engineer in this chapter, or providing for an apportionment between them of such duties. When by such agreement all such duties devolve upon either the city engineer or the county surveyor, such officer shall perform said duties. After performance thereof, such officer shall certify to the performance of said duties on the map. When by such agreement the duties are apportioned between the county surveyor and the city engineer, each officer shall, after the performance thereof, make certification on said map, covering the duties performed by each. (Ord. 3157 § 1 (part), 1979).

A reversion to acreage shall be accomplished in conformance with Chapter 6 of the Subdivision Map Act. A parcel map may be filed for the purpose of reverting to acreage land previously subdivided and consisting of four or less contiguous parcels under one ownership. In the event a reversion to acreage is accomplished by means of a parcel map, the director of planning shall be the advisory agency and shall be empowered to perform all functions of the legislative body under said Chapter 6. All maps filed for the purpose of reverting land to acreage shall be conspicuously so designated under the title "The Purpose of this Map is a Reversion to Acreage." (Ord. 3157 § 1 (part), 1979)

In addition to the amendments authorized by Government Code Section 66469, after a final map or parcel map is filed in the office of the county recorder, the recorded map may be modified by a certificate of correction or an amending map if (i) there are changes in circumstances which make any or all of the conditions of such a map no longer appropriate or necessary, (ii) that the modifications do not impose any additional burden on the present fee owner of the property, (iii) the modifications do not alter any right, title, or interest in the real property reflected on the recorded map, and (iv) the map as modified conforms to the provisions of the Subdivision Map Act and Chapter 21.16 of this title. The decision to approve or deny a modification shall be made by the city council for final maps and by the director of planning and community development in the case of parcel maps. Prior to approval of any modification, notice shall be given as provided in Section 21.12.090. The hearing shall be confined to consideration of and action on the proposed modification. The decision of the director on a modification of a parcel map is subject to the appeal procedures of this title.

(Ord. 4661 § 7, 2000)