Article 14-40

FINAL MAP APPROVAL

Sections:

The form and content of final maps shall comply with all of the provisions of this Article and the applicable requirements of the Map Act. Final maps not submitted in accordance therewith shall not be considered for approval.

(Ord. No. 398, § 1(Att.), 12-20-2023)

(a) Prior to the expiration of the tentative map approval or extension thereof pursuant to Section 1420.080, the subdivider shall cause the property to be accurately surveyed and a final map to be prepared substantially in accord with the tentative map as approved, and cause a minimum of three copies of such final map, with any and all alterations and changes required thereto, to be filed with the City Engineer for the Engineer's approval. At the time of filing the final map with the City Engineer, the subdivider shall also file concurrently therewith the following:

(1) A traverse sheet, giving latitude and departures, showing the mathematical closure, within the allowable limits of error, of the exterior boundaries of the property in all cases in which said boundaries are irregular or in which the tract is laid out in irregular blocks, and of the exterior boundaries of all irregular lots and blocks.

(2) Plans, profile, details, and specifications for improvements conforming to all requirements of this Chapter and other ordinances of the City, which must show the full details of all improvements and shall be to a scale of forty to fifty feet to the inch horizontal and four or five feet to the inch vertical.

(3) A detailed estimate of quantities and costs of the proposed public improvements for approval by the City Engineer.

(4) A title guarantee by a reputable title company doing business in the County, showing the names of all persons whose consent is necessary for the recordation of the final map and for any dedication to public use, and their respective interest in the property, certified for the benefit and protection of the City that the persons therein named are all of the persons necessary to give clear title to the streets and other easements to be offered for dedication.

(5) Two copies of all proposed covenants, conditions, and restrictions (CC&Rs) or a statement in writing signed by the subdivider that no such restrictions are required or will be established.

(6) Instruments effecting any relinquishment required under Subsection 14-25.030(e).

(7) Such deeds, offers of dedication or other instruments affecting or conveying title or any interests in land as are required under the terms of the tentative approval.

(8) A statement that all applicable fees required under this Chapter have been paid in full to the City accompanied by documentation of said payments.

(b) The City Engineer shall examine the final map and accompanying data and shall determine:

(1) Whether the proposed final map is substantially the same as the approved tentative map;

(2) Whether all conditions of tentative approval have been completed, or if incomplete, are matters which are includable in an improvement agreement with the City; provided, however, conditions of tentative map approval must require that all improvements or conditions be completed prior to final map approval, except those expressly exempted by the Planning Commission pursuant to Section 14-30.130(b) and (c). Only the completion of improvements and/or conditions expressly exempted by the Planning Commission pursuant to Section 14-30.130(b) and (c) shall be the subject of an improvement agreement. The final map shall not be found to substantially comply with the approved tentative map until all improvements and/or conditions, excluding those so expressly exempted, are completed;

(3) Whether the Map Act, all provisions of this Chapter and all other applicable provisions of law have been complied with; and

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14-40.020

(4) Whether the final map is technically correct.

(c) Upon the City Engineer's determination that all requirements of this Section have been satisfied, the Engineer shall execute the City Engineer's certificate on the final map.

(Ord. No. 398, § 1(Att.), 12-20-2023)

The final map shall conform with all of the following provisions:

(a) Title and subtitle of map. The title sheet shall contain the tract or site designation as approved by the Planning Commission and the tract or map number. Below the title sheet shall appear a subtitle giving a general description of the property by reference to the maps which have previously been recorded or by reference to the plan of the United States survey. If the property lies wholly in the City, the following words shall appear below the title, "In the City of Saratoga;" if the property lies partly in the City and partly within another incorporated city or the County, the following words shall be used, "Lying partly in the City of Saratoga and partly in the (City or County) of ,"

naming the city or County as the case may be. Reference to tracts and subdivisions in the description must be spelled out and worded identically with original records, and references to book and page of record must be complete.

(b) Distances and bearings. The map shall include sufficient data 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. Lots containing one-half acre or more shall show total acreage to nearest hundredth. The map shall show the basis of bearings and lengths of straight lines and radii, and arc lengths for all curves as may be necessary to determine the location of the centers of curves and tangent distances of right-of-way curves at centerline.

(c) Boundary references and monuments. The map shall show clearly the stakes, monuments (type and size) or other evidence found on the ground to determine boundaries of the property. The adjoining corners of all adjoining subdivisions shall be identified by lot and block number, tract designation and place of record and proper ties therewith. The map shall show the location and description of all monuments found or

placed in making the survey for proper reference and data sufficient for relocation and retracing of any and all exterior boundary lines and lot and block lines. Wherever the City Engineer has established the centerline of a street adjacent to or within the property, the data shall be shown on the map indicating all monuments found and with reference to field book or map. If the points were reset by ties, the course and detail of relocation data shall be stated.

(d) Additional information.

(1) The map shall show the line of extreme high water in case the property is adjacent to or traversed by a stream or other body of water and shall also show each area, if any, subject to periodic inundation by water.

(2) The boundary of the property shall be designated by a distinctive border. Such border shall not obliterate figures or other data.

(3) The centerlines and sidelines of all streets, and total width thereof, and the widths of each side of the centerline, and widths of any portion of a street being dedicated, the width of existing dedications, and the widths of any railway, flood control, drainage channel or other rights-of-way shall be shown.

(4) The map shall show all easements of record, or easements to be recorded, to which the property is or will be subject. Such easements must be clearly labeled and identified if already of record, and record reference given. If any easement is not definitely located of record, a statement of such easement must appear on the map. All easements other than for streets shall be denoted by fine broken lines and designated as to type. Easement widths, and the lengths and bearings of the lines thereof together with sufficient ties thereto shall be set forth to definitely locate the easement with respect to the property.

(5) City boundary lines which bound, adjoin within one hundred feet, or cross the property shall be clearly designated and referenced.

(6) Lot numbers shall begin with the number "1" and shall continue consecutively throughout the subdivision with no omission or duplications except that lot numbers in subsequent contiguous subdivision units may expand the numbering sequence of the previous unit, providing the commercial name of the subdivision remains unchanged. Each block shall be shown on one sheet when possible. Where adjoining blocks appear on separate sheets, the street adjoining both blocks

(Saratoga Supp. No. 53, 4-24)

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14-40.050

shall be shown on both sheets complete with centerline and property line data. All letters and figures required herein shall be conspicuous and solid.

(7) The map shall particularly define and designate all lots and parcels, including those reserved for private purposes, all parcels and easements offered for dedication for any purpose, with all the dimensions, boundaries and courses clearly shown and defined in each case. Ditto marks shall not be used.

(8) All street names including those designated by numbers, and including the words "Avenue," "Boulevard," "Place," etc., shall be spelled out in full.

(9) The map shall also show and delineate all other data that is or may be required by other provisions of this Chapter, the provisions of the Map Act (including specifically Government Code Section 66434), or otherwise required by any applicable law.

(e) Certificates on final map. Each final map shall contain the requisite owner's certificate (Government Code Section 66436), City Clerk's certificate (Government Code Section 66440), engineer's certificate (Government Code Section 66441), City Engineer's certificate (Government Code Section 66442), County Recorder's certificate (Government Code Section 66442.5) and such other certificates as may hereafter be required by the Map Act. The form of each certificate shall be as prescribed in the Map Act or as established by resolution of the City Council if not otherwise prescribed in the Map Act. The owner's certificate shall include any required relinquishment pursuant to Section 14.04.030(e) and offers of dedication of all streets and other easements shown on the final map intended for any public use, except those parcels of land which are intended for the exclusive use of the lot owners in the subdivision, their licensees, visitors, tenants and employees, which private streets and other private easements shall be specifically designated as such on the map.

(Ord. No. 398, § 1(Att.), 12-20-2023)

When all certificates required on the final map (except the certificate of the County Recorder and the approval certificate of the City Clerk) have been executed, said mylar final map may be filed with the City Clerk for action by the City Council. No final map shall

be accepted for filing by the City Clerk unless, in addition to the above, the following requirements have been satisfied:

(a) The final map is accompanied by:

(1) A pdf of the final map;

(2) The improvement plans accompanied by a statement of approval thereof signed by the City Engineer;

(3) Two copies of the City's standard form of improvement agreement executed by the subdivider, together with the security required to be furnished thereunder, the requisite monument bond guaranteeing payment of the cost of setting monuments (Government Code Section 66496), and County certification that the requisite tax bond has been posted (Government Code Section 66493) and such other agreements and bonds as may from time to time be required by law;

(4) The indemnity agreement and insurance policy required by Section 14-05.055 of this Chapter; and

(5) All documents and matters previously submitted to the City Engineer under Subsection 14-40.020(a) of this Article.

(b) All required fees and costs have been paid in full to the City. Any delivery of a final map to the City Clerk or any receipt by the City Clerk of a final map, other than in accord with the provisions of this Section, shall not be considered an acceptance for filing nor a filing of said map with the City for any purpose, unless notwithstanding such ineffective filing the City Council thereafter takes final action to approve or disapprove the map in accord with Section 14-40.050 of this Article.

(Ord. No. 398, § 1(Att.), 12-20-2023)

(a) The City Council shall at its next available regular meeting after filing of the final map with the City Clerk, approve or disapprove the final map. At the time of approval the Council shall accept or reject the offers of dedication.

(b) No map will have any force or effect until approved by the City Council, and no title to or interest in any property described in any offer of dedication on the final map which is accepted by the Council shall pass until recordation of said map.

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(Saratoga Supp. No. 53, 4-24)

14-40.050

(c) If the final map is not approved by the City Council, the City Clerk shall return the map to the subdivider with a written statement setting forth the reasons for disapproval. (Ord. No. 398, § 1(Att.), 12-20-2023)

(a) Upon approval of a final map by the City Council, the City Clerk shall sign and affix the City seal to the Clerk's certificate attached to such map and shall deliver the map to the City Engineer who shall release such map to the applicant to be filed for record in the office of the County Recorder in accordance with the Map Act.

shall not terminate, but shall remain open and the City Council may by resolution at any later date, and without any further action by the subdivider or owner, rescind its action and accept one or more of such offers of dedication of easements for public use, which resolution shall be recorded in the office of the County Recorder. Without limitation, the foregoing is intended to apply to public service easements, sanitary sewer easements, slope easements and reserve strips. Any such offer of dedication not so accepted shall remain open until accepted or until abandoned by resolution of the City Council.

(Ord. No. 398, § 1(Att.), 12-20-2023)

(b) Reserved.

(c) Within ten days after recordation of the final map, the subdivider at their own expense shall furnish the City Engineer with three paper copies of the approved improvement plans and pdfs of the recorded map, covenants, conditions and restrictions (CC&Rs), offers of dedication by instrument, deeds, or other documents affecting title and relating to the final map. The City will not issue building, grading, excavation, or improvement permits prior to delivery of these recorded documents.

(Ord. No. 398, § 1(Att.), 12-20-2023)

(a) Unless otherwise established by resolution of the City Council, it is the policy of the City not to accept at the time of final map approval offers of dedication of streets, storm drain easements or other easements requiring improvement by the subdivider, and only accepting the same after the completion of all improvements and a period thereafter of not less than one year's maintenance by the subdivider, and agreeing to accept them at such future date in consideration of other covenants and agreements of the subdivider of said land which normally will be contained in a regular or deferred improvement agreement.

(b) If at the time the final map is approved any offers of dedication of easements shown thereon are rejected (in addition to streets, paths, alleys, public utility easements, rights-of-way for local transit facilities such as bus turnouts, benches, shelters, landing pads, and similar items, or storm drainage easements which are already provided for under Government Code Section 66477.2), the offers of dedication not accepted

(Saratoga Supp. No. 53, 4-24)

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