Pinole Municipal Code Ch. 16.16 Final Maps

* For statutory provisions on final maps, see Gov. Code § 66456 et seq. and 66433 et seq.; for provisions on street dedications, see Gov. Code § 66477.2; for provisions pertaining to security for payment of taxes, see Gov. Code § 66493.

A. Within one year after approval or conditional approval of the tentative map, the subdivider shall cause the subdivision, or any part thereof, to be surveyed and a final map thereof be prepared in conformance with the tentative map as approved or conditionally approved. The tracing, or a Van Dyke negative and three blue line prints, one of which shall be on linen, of the final map shall be filed with the planning commission, together with a filing fee of twenty-five dollars plus three dollars per lot shown on the final map, which map shall be checked by the office of the city engineer. An extension of time for filing of the final map may be granted by the City Council upon recommendation by the planning commission, provided written application is made by the subdivider within one year after action on tentative map.

B. At the time of the filing of the final map with the planning commission, the subdivider shall also file therewith the following:

1. In the event any dedication is to be made for the public use, a preliminary title report issued by a title insurance company in the name of the owner of the land, issued to or for the benefit and protection of the city of Pinole, showing all parties whose consent is necessary to their interests therein;

2. The instrument prohibiting traffic over the side lines of a major highway, parkway, street, or freeway, when and if the same is required under Section 16.20.230.

3. Photostat copies of field notes, sheets and drawings showing traverse closures, and the computation of all distances, angles and courses shown on the final map, ties to existing and proposed monuments, and adjacent subdivisions, street corners and/or highway stations. (Ord. 89 § 4.1, 1955).

The final subdivision map shall be clearly and legibly drawn upon tracing cloth of good quality. All lines, letters, figures, certifications, acknowledgments and signatures shall be made in black India ink. Typewriting or rubber stamps shall not be used. The map shall be so made and shall be in such a condition when filed, that good legible blueprints and negatives can be made therefrom. The size of the sheets of tracing cloth shall be eighteen by twenty-six inches leaving a margin of two inches at the left edge and one inch at the other three edges of the sheets. The scale of the final map shall be one inch equals one hundred feet. (Ord. 89 § 4.2(a), 1955).

When the final map consists of more than two 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. (Ord. 89 § 4.2(b), 1955).

Wherever the city engineer has established a system of coordinates, then the survey shall be tied into such system. The map shall show clearly what stakes, monuments or other evidence where found on the ground to determine the boundaries of the subdivision. The adjoining corners of all adjoining subdivisions, shall be identified by lot and block numbers, subdivision name, and place of record, or other proper designation. (Ord. 89 § 4.2(c), 1955).

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. No ditto marks shall be used. Lots containing one acre or more shall show total acreage to nearest hundredth. Bearing and lengths of straight line, 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. No lot shall be dimensioned to contain any part of an existing or proposed public right of way. The traverse of the exterior boundary and of each lot and block shall close within a limit of error of one foot to fifteen thousand feet of perimeter. (Ord. 89 § 4.2(d), 1955).

Whenever the city engineer has established the centerline of a street or alley, adjacent to or in the proposed subdivision, the data shall be shown on 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 by the city engineer shall be stated. (Ord. 89 § 4.2(e), 1955).

The map shall show the location and description of all monuments employed in making the survey of the subdivision. (Ord. 89 § 4.2(f), 1955).

In addition, the final map shall be prepared in full compliance with the following requirements:

A. The final map shall show the line of high water in case the subdivision is adjacent to a stream, channel, or any body of water, and shall also show any area subject to periodic inundation by water, or subject to land slide or subsidence;

B. The final map shall show any area which has been, or will be, filled in the development of the subdivision;

C. The boundary of the subdivision shall be designated by a red border applied to the reverse side of the tracing and on the face of the blue line prints. Such border shall not interfere with the legibility of figures or other data;

D. The maps shall show the center border lines of all streets, the total width of all streets, the width of the portion being dedicated and the width of existing dedications, and the widths each side of the centerline, also the width of railroad rights-of-way, appearing on the map;

E. The map shall show the side lines of all easements to which the lots are subject. The easements must be clearly labeled and identified, and if already of record, its recorded reference 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 fine dotted lines. Building lines shall be indicated by dotted lines of the same width as the lines denoting street boundaries. The width of the easement and the length and bearings of the lines thereof, and sufficient ties thereto, definitely locating 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 certificates of dedication;

F. City boundary lines crossing or bounding the subdivision shall be clearly designated and referenced;

G. Block numbers shall begin with the number “1” and continue consecutively without omission or duplication throughout the subdivision. The numbers or letters shall be solid and of sufficient size and thickness to stand out; 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 the sheet. Where adjoining blocks appear on separate sheets, the street adjoining both blocks shall be shown on both sheets with center line and property line data;

H. Lot numbers shall begin with the number “1” and continue consecutively without omission throughout the subdivision, and shall be numbered in a clockwise direction from the upper left-hand corner; north shall be generally up on the map;

I. The map shall also show all other data that is or may be required by law;

J. 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. Parcels offered for dedication but not accepted shall be designated by letters. (Ord. 89 § 4.2(g), 1955).

The following certificates and acknowledgments and all other now or hereafter required by law shall appear on the final map; such certificates may be combined where appropriate:

A. A certificate signed and acknowledged by all parties having any record title interest in the land subdivided, consenting to the preparation and recordation of the 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:

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

2. Rights-of-way, easements or reversions, which, by reason of changed conditions, long disuse or laches, appear to be no longer of practical use of 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;

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

B. A certificate signed and acknowledged as provided in subsection A, 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

C. 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 or her seal must be attested;

D. A certificate for execution by the city engineer;

E. A certificate for execution by the city planning commission;

F. A certificate for execution by the City Clerk;

G. A certificate for execution by the county recorder. (Ord. 89 § 4.3, 1955).

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 the county in which any part of the subdivision is located, a certificate from the official computing redemptions in Contra Costa County and the city of Pinole, showing that according to the records of his or 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. As to taxes or special assessments collected as taxes not yet payable, the subdivider shall file with the clerk of the board of supervisors, a certificate by each proper officer giving his or her estimate of the amount of taxes and assessments which are a lien but which are not yet payable. (Ord. 89 § 4.4, 1955).

Whenever any part of the subdivision is subject to a 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 of the county wherein any part of the subdivision is located a good and sufficient bond to be approved by the board and by its terms 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. 89 § 4.5, 1955).

Upon receipt of the final map and other data submitted therewith by the planning commission, the map and data shall be referred to the city engineer who shall examine such to determine that the subdivision as shown is substantially the same as it appeared on the tentative map, and any approved 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 or she is satisfied that the map is technically correct. If the city engineer shall determine that full conformity therewith has not been made, he or she shall advise the subdivider of the changes or additions that must be made for such purposes, and shall afford the subdivider an opportunity to make such changes or additions. if the city engineer shall determine that full conformity therewith has been made, he or she shall so certify on said map and shall transmit the map to the planning commission. In the event a sub-division is partly in the city and partly outside the city, the county surveyor and the city engineer shall enter into an agreement by and with the consent of their respective governing bodies, providing that the county surveyor when by such agreement all such duties devolve upon him or her, may, after his or her performance thereof, make the aforesaid certification upon the map, and, when by such agreement the duties are apportioned between the county surveyor and city engineer, it shall be sufficient, if each shall after the performance thereof, make a certification on the map, showing the duties performed by each, after which the map shall be transmitted to the planning commission. (Ord. 89 § 4.6(a), 1955).

Upon return of the final map by the city engineer or county surveyor, the planning commission shall examine the same to determine whether the map conforms with the tentative map and with all changes permitted and all requirements imposed as a condition to its acceptance. If the planning commission shall determine not to recommend the map, it shall advise the subdivider of the changes or additions that must be made for such purpose, and shall accord him or her an opportunity to make same. If the planning commission shall thereupon determine that the map is in conformity therewith, it shall certify its approval thereon and shall transmit the map to the City Clerk, together with any documents which may have been filed therewith for presentation to the City Council. (Ord. 89 § 4.6(b), 1955).

At its first regular meeting following the filing of the map with the City Clerk, or within ten days following the filing thereof, the City Council shall consider the map, the plan of subdivision and the offers of dedication. The City Council may reject any or all offers of dedication. If the City Council shall determine that the map is in conformity with the requirements of this chapter and that it is satisfied with the plan of subdivision, it shall approve the map. When the subdivider shall have filed with the City Clerk the agreement and bond, or made the deposit described in Section 16.16.150, and when such agreement and bond shall have been approved by the City Attorney, as to form, and by the city engineer as to sufficiency, the City Clerk shall transmit the map to the clerk of the county board of supervisors. When all bonds, money, or negotiable bonds required under the provision of this chapter to secure the payment of taxes and assessments which are a lien on some part of the subdivision but which are not yet payable, have been deposited with and approved by the board of supervisors, the clerk of the board shall transmit the final map to the county recorder. If the City Council shall determine either that the map is not in conformity with the requirements of this chapter, or that it is not satisfied with the plan of subdivision, it shall disapprove said map specifying its reason or reasons therefor and the City Clerk shall in writing advise the subdivider of such disapproval and of the reason or reasons for such disapproval. Within thirty days after the City Council has disapproved any map, the subdivider may file with the planning commission a map altered to meet the approval of the City Council . In such case the subdivider shall conform to all the requirements imposed upon him or her by this chapter when filing the first final map with the planning commission, and the same proceedings shall be had thereon as are prescribed by this chapter upon the filing of the first final map with the planning commission. No map shall have any force or effect until the same has been approved by the City Council and no title to any property described in any offer of dedication shall pass until this recordation of the final map. (Ord. 89 § 4.6(c), 1955).

Upon the approval by the City Council of the final map, the subdivider shall execute and file an agreement between himself and the city, specifying the period within which he or she or his or her agent or contractor shall complete all improvement work to the satisfaction of the city engineer, and providing that if he or 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 may also provide as follows:

A. For the construction of the improvements in units;

B. For an extension of time under conditions therein specified;

C. For the termination of the agreement upon the completion of proceedings under an assessment district act for the construction of improvements deemed by city engineer to be at least the equivalent of the improvement specified in said agreement and required to be constructed by the subdivider; and

D. For progress payments.

(Ord. 89 § 4.7(part), 1955).

The subdivider shall also file with the agreement mentioned in Section 16.16.150, to assure his or her full and faithful performance thereof, a bond for such sum as is by the city engineer deemed sufficient to cover the cost of the improvements, engineering, inspection, and incidental expenses, and to cover replacement and repair of existing streets and other improvements damaged in the development of the subdivision. Such bond shall be executed by a surety company authorized to transact a surety business in the state of California and may be satisfactory to and be approved by the City Attorney as to form, by the city engineer as to sufficiency. In lieu of the bond, the subdivider may deposit with the City Treasurer cash money in an amount as deemed sufficient by the city engineer. (Ord. 89 § 4.7 (part), 1955).

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 completed same, or if the subdivider shall fail to reimburse the city for the cost of inspection, engineering, and incidental expenses, and to cover cost of replacement and repair of existing streets or other improvements damaged in the development of the subdivision, the city shall call on the surety for reimbursement, or shall appropriate from any cash deposits funds for reimbursement. In any such case, if the amount of surety bond or cash deposit shall exceed all cost and expense incurred by the city, it shall release the remainder of such bond or cash deposit, and if the amount of the surety bond 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. (Ord. 89 § 4.7(part), 1955).

No extension of time progress payments from cash deposits, or releases of surety bond or cash deposit shall be made, except upon certification by the city engineer that work covered thereby has been satisfactorily completed, and upon recommendation of the City Manager and approval of the City Council. (Ord. 89 § 4.7(part), 1955).