Sierra County Municipal Code Ch. 23.07 Final Maps

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

The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor. (Formerly 23.07.001)

A. Multiple final maps relating to an approved or conditionally approved tentative subdivision map may be filed prior to the expiration of the tentative subdivision map if the subdivider, at the time the tentative subdivision map application is filed, notifies the Planning Director in writing of the subdivider’s intention to file multiple final subdivision maps on the tentative subdivision map in accordance with SCC 23.06.040(F). In providing the notice, the subdivider shall not be required to define the number or configuration of the proposed multiple maps. The Planning Commission shall approve the sequence of map approvals and may require the fulfillment of conditions, the completion of improvements outside the boundaries of the particular phase, and/or the payment of fees required as a condition of other phases of the project. After filing of the tentative subdivision map application, the Planning Director, the Department of Public Works and the subdivider shall concur in the filing of multiple final maps.

B. 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, as shown on the approved tentative map. (Formerly 23.07.002)

A. 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 final map shall not exceed 1/10,000 for field closures and 1/20,000 for calculated closures.

B. 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 Cal. Bus. & Prof. Code § 8771 so that another engineer or surveyor may readily retrace the survey. At least one exterior boundary line shall be monumented prior to recording the final map. Other monuments shall be set or bonded for as required by the County Surveyor. (Formerly 23.07.003)

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

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 acknowledgments 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.

The size of each sheet shall be 18 inches by 26 inches or 460 by 660 millimeters. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch or 0.025. The scale of the map shall be not less than 1" = 50' (unless specified otherwise by the County Surveyor), 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. 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. If more than three sheets are used, a key diagram shall be included. The final form of the final map shall be as approved by the Department of Public Works. (Formerly 23.07.004)

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 United States Survey. The following words shall appear in the title: “County of Sierra.” If partly within an incorporated city, the following words shall be used: “Within the County of Sierra and partly within the City of Loyalton.”

C. Certificates, Acknowledgments and Signatures. All certificates, acknowledgments and signatures shall be made as required by Article 2, Part 2 (Cal. Gov’t. Code § 66433 et seq.) of the Subdivision Map Act, and shall appear only once on the title sheet.

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. The basis of bearings shall be approved by the County Surveyor.

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, all interior and exterior 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. The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated.

F. Streets. The map shall show the centerline of each street; the boundary of each street, including the width of the portion of any fractional street being dedicated; the width of existing road rights-of-way when available from public records; and the widths on each side of the centerline of whole streets. The widths and locations of adjacent streets shall be shown as determined from public records. Whenever the County Engineer has established either the centerline or monument line of the street and such information is made a public record, this location and data shall be shown on the final map.

G. Monuments. The location and description of all existing and proposed monuments shall be shown. Standard county monuments shall be set at, or on, Department of Public Works approved offsets at the following locations:

1. The intersection of street centerlines;

2. Beginning and end of curves or intersection of tangents on centerlines unless otherwise approved by the Department of Public Works; or

3. At other locations as may be required by the County Surveyor.

H. Lot Number Sizes. Lot 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 may begin with the next consecutive number following the last number in the preceding unit. Each lot shall be shown entirely on one sheet of the final map, unless otherwise approved by the Department of Public Works. Lot areas shall be shown for each parcel being created and shall be exclusive of any portion which extends into any street.

I. Adjoining Properties. The relationship 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.

J. Street Names. The names of all streets, alleys or highways within or adjoining the subdivision shall be shown.

K. Easements and Dedications. Easements and dedications for roads or streets, paths, alleys, utilities, local transit facilities, storm water drainage, sanitary sewers or other public use as may be required, including waiver of access and abutter’s rights, shall be offered for dedication to the public for acceptance by the county or other public agency, and the use shall be specified on the map.

The subdivider shall provide the County Engineer with letters from all serving utilities stating that the easements as provided on the final map are satisfactory. Easements for an existing or proposed utility installation for the use of a private or nongovernmental agency shall not be shown on the final map unless there is a recorded conveyance to such individual or corporation.

An offer of dedication of real property for street or public utility easement purposes shall be deemed not to include any public utility facilities located on or under the real property, unless, and only to the extent that an intent to dedicate the facilities is expressly declared in the statement.

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 County Surveyor.

L. Greenbelt Areas. Greenbelt areas may be shown, subject to the approval of the county.

Public greenbelt areas shall be dedicated in fee unless otherwise specified in the approval or conditional approval of the tentative map. Private greenbelt areas shall be dedicated as open space easements unless otherwise specified in the approval or conditional approval of the tentative map.

M. Designated Remainder. If the map includes a “designated remainder” parcel, and the gross area of the “designated remainder” parcel or similar parcel is five acres or more, that remainder parcel need not be shown on the map and its location need not be indicated as a matter of survey but only by deed reference to the existing boundaries of the remainder parcel. A parcel designated as “not a part” shall be deemed to be a “designated remainder” for purposes of this section.

N. Additional Information. Where the county has required additional information be recorded pursuant to Cal. Gov’t. Code §66434.2, the map shall include a notation or reference to that information.

O. Owner’s Development Lien. Notice with respect to the specific location of the book and page of any owner’s development lien, the notice shall also state that the property is subject to an owner’s development lien and that each parcel erected by the recordation of the final map shall be subject to a prorated amount of the lien on a per acre or portion thereof basis. (Formerly 23.07.005)

The subdivider shall submit prints of the final map to the Department of Public Works for checking. The preliminary prints shall be accompanied by the following data, plans, reports, and documents in a form as approved by the Department of Public Works and, where applicable, the County Counsel:

A. Improvement Plans. Improvement plans as required by SCC 23.16.060.

B. Soils Report. A soils report prepared in accordance with SCC 23.06.040 and Title 33 (Excavation and Grading), of the Uniform Building Code.

C. Title Report. A title report and preliminary subdivision guarantee showing all parties holding record title interest at the time of submittal of the final map for the property to be subdivided and for any off-site property intended to be offered for dedication.

The County Surveyor shall notify the title company furnishing the guarantee of the date the final map will be transmitted to the County Recorder. Such notification shall be made at least 48 hours before said date. The title company shall, on said date, present to the County Recorder, pursuant to the requirements of Cal. Gov’t. Code § 66465 of the Subdivision Map Act, a guarantee in a form and amount acceptable to the County Counsel providing that at the time of filing of the parcel map in the office of the County Recorder, the parties consenting to such filing are all of the parties having a record title interest in the real property being subdivided whose signatures are required by California Government Code, Title 7, Division 2 (commencing with Cal. Gov’t Code § 66410), as shown by the records in the office of the County Recorder.

D. Tax Certificate. A certificate from the County Tax Collector stating that all taxes and assessments due have been paid or that a tax bond or other adequate form of security assuring payments of all taxes and assessments which are a lien but not yet payable has been filed with the county.

E. Deeds or Offers of Dedication for Easements or Rights-of-Way. Deeds or offers of dedication 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 county 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 is required.

F. Dedications. In the event any street shown on a final map is not offered for dedication, the certificate may contain a statement to this effect. If such statement appears on the final map and if the map is approved by the Board of Supervisors, the use of any such street or streets by the public shall be permissive only.

An offer of dedication of real property for street or public utility easement purposes shall be deemed not to include any public utility facilities located on or under such real property unless and only to the extent and intent to dedicate such facilities is expressly stated in the certificate.

G. Traverse Closures. Traverse closures for the boundary blocks, lots, easements, street centerlines and monument lines.

H. Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic calculations of all storm drains and flood flow.

I. Governing Documents. The submittal of the final map or parcel map for a common interest development within the meaning of Civil Code § 1350 et seq. shall include the proposed declaration of covenants, conditions and restrictions containing the provisions described in § 1353 of the California Civil Code, and all other governing documents for the subdivision as are appropriate pursuant to § 1363 of the California 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 Planning Department and County Counsel. The county may require inclusion of provisions permitting county enforcement.

J. Improvement Agreement and Security. In the event sewer, water, drainage, grading, paving, or other improvements required pursuant to Chapter 23.16 SCC have not been completed prior to the presentation of the final map, an agreement in accordance with the requirements of Cal. Gov’t. Code § 66462 shall be filed for the improvement thereof. The subdivider shall secure the performance of the agreement in accordance with the requirements of Chapter 23.17 SCC.

K. Liability Agreement and Insurance. A hold-harmless agreement obligating the subdivider to hold the county 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 county 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 county as an additional insured. The agreement, certificate and amount of insurance coverage required by this section shall be subject to prior review and approval by the Department of Public Works and County Counsel.

L. Special Districts. Evidence of an agreement to serve by an existing district, and annexation to, or formation of, a special district to provide maintenance and other services necessary to the subdivision.

M. Filing Fees. Cash payment or proof of payment for all checking and filing fees; inspection of construction; cash deposit as required by the fire districts or water company or district having jurisdiction of fire hydrant rental fees, and other applicable fees or deposits; all approved by the County Engineer. (Formerly 23.07.006)

A. As provided for in the conditions of approval for a tentative subdivision map, the county may require additional information to be recorded simultaneously with the final map. The additional information map must be in the form of a separate document or map sheet and shall indicate its relationship to the tentative or parcel map, and shall contain a statement that the additional information is for informational purposes only, and that it is not intended to correct record title interest. The document of additional map sheet may contain a notation that the information 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.

B. Additional survey or map information may include, but need not be limited to, conditions of approval, building setbacks; lines, flood hazard zones, seismic line and setbacks, geologic mapping, archaeological sites, slope restrictions, open space, covenants, conditions and restrictions and environmental constraints (Formerly 23.07.007)

The Department of Public Works shall review the final map and any other required information and the subdivider shall make corrections and/or additions until acceptable to the Department of Public Works. (Formerly 23.07.008)

The subdivider shall submit to the Department of Public Works 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 Department of Public Works shall sign the appropriate certificates and transmit the original map to the County Clerk or an authorized agent. (Formerly 23.07.009)

A. The County Planning Director and County Surveyor shall certify the final map if the following circumstances exist:

1. The map complies with all requirements of Subdivision Map Act and this title.

2. A certificate consenting to the preparation and recordation of the parcel map has been executed by all parties having any record title interest in the real property being subdivided.

3. Certificates required by this title are executed.

B. If the above circumstances exist, the County Planning Director and County Surveyor shall certify the final map by executing thereon a certificate stating their approval and indicating the dedication and terms of real property for public use, if any.

C. If the above circumstances do not exist, the county shall reject the map. (Formerly 23.07.010)

Once the final map has been reviewed by the Department of Public Works for compliance with the approved or conditionally approved tentative map, it shall be filed with the Board of Supervisors for approval after all required certificates have been signed. The date the map shall be deemed filed with the Board of Supervisors is the date on which the County Clerk receives the map. The Board of Supervisors shall, at the meeting at which it receives the map, or at its next regular meeting after the meeting at which it receives the map, consider the final map for approval. Before approving the final map, the Board of Supervisors shall consider approval of the subdivision improvement agreement in accordance with the requirements of Chapter 23.17 SCC. If the subdivision improvement agreement and final map are approved by the Board of Supervisors, the Chairman of the Board shall execute the agreement on behalf of the county. (Formerly 23.07.011)

The Board shall disapprove any final map for failure to meet or perform any of the requirements or conditions of the Subdivision Map Act or this title which were applicable to the subdivision at the time of approval of the tentative subdivision map. Such disapproval shall be accompanied by a finding identifying the requirements or conditions which were not met or performed. The Board may waive the provisions of this section if it finds that the failure of the map was the result of a technical and inadvertent error which does not materially affect the validity of the map.

The Board of Supervisors shall not postpone or refuse approval of a final map because the subdivider has failed to meet a tentative subdivision map condition requiring construction or installation of improvements on land which neither the subdivider nor the county has sufficient title or interest to permit the improvements to be made. In such a case, the county shall follow the procedure according to Cal. Gov’t. Code § 66462.5. (Formerly 23.07.012)

A. At the time the Board of Supervisors approves the final map, it shall also accept, accept subject to improvement, or reject any offer of dedication. The County Clerk shall certify on the final map the action by the Board of Supervisors. If at the time the final map is approved, any streets, paths, alleys, public utility easements, rights-of-way for local transit facilities which directly benefit the subdivision residents, or storm drainage easements are not accepted by the Board of Supervisors, the offer of dedication shall remain open and the Board of Supervisors may, by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the 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.

B. In the case of any subdivision fronting upon the ocean coastline or bay shoreline, the offer of dedication of public access route or routes from public highways to land below the ordinary high watermark shall be accepted within three years after the approval of the final map; in the case of any subdivision fronting upon any public waterway, river, or stream, the offer of dedication of public access route or routes from public highways to the bank of the waterway, river, or stream and the public easement along a portion of the bank of the waterway, river, or stream shall be accepted within three years after the approval of the final map; in the case of any subdivision fronting upon any lake or reservoir which is owned in part or entirely by any public agency, including the state, the offer of dedication of public access route or routes from public highways to any water of the lake or reservoir shall be accepted within five years after the approval of the final map; all other offers of dedication may be accepted at any time.

C. Offers of dedication which are covered by subsection (B) of this section may be terminated and abandoned in the same manner as prescribed for the summary vacation of streets by California Streets and Highways Code, Division 9, Part 3 (commencing with Cal. Sts. & High. Code § 8300).

D. Offers of dedication which are not accepted within the time limits specified in subsection (B) of this section shall be deemed abandoned.

E. Except as provided in Cal. Gov’t. Code §§ 66499.16, 66499.17, and 66499.18, if a resubdivision or reversion to acreage of the tract is subsequently filed for approval, any offer of dedication previously rejected shall be deemed to be terminated upon the approval of the map by the legislative body. The map shall contain a notation identifying the offer or offers of dedication deemed terminated by this subdivision.

F. Acceptance of offers of dedication on a final map shall not be effective until the final map is filed in the office of the County Recorder or a resolution of acceptance by the legislative body is filed in such office.

G. The local agency to which property is dedicated in fee for public purposes, or for making public improvements or constructing public facilities, other than for open space, parks, or schools, shall record a certificate with the County Recorder in the county in which the property is located. The certificate shall be attached to the map and shall contain all of the following information:

1. The name and address of the subdivider dedicating the property;

2. A legal description of the real property dedicated;

3. A statement that the local agency shall reconvey the property to the subdivider if the local agency makes a determination pursuant to this section that the same public purpose for which the property was dedicated does not exist, or the property or any portion thereof is not needed for public utilities as specified in subsection (I) of this section.

H. The subdivider may request that the local agency make the determination that the same public purpose for which the dedication was required still exists, after payment of a fee which shall not exceed the amount reasonably required to make the determination. The determination may be made by reference to a capital improvement plan as specified in Cal. Gov’t. Code §§ 65403 or 66002, an applicable general or specific plan requirement, the subdivision map or other public documents that identify the need for the dedication.

I. If a local agency has determined that the same public purpose for which the dedication was required does not exist, it shall reconvey the property to the subdivider or the successor in interest, as specified in subsection (G) of this section, except for all or any portion of the property that is required for that same public purpose or for public utilities.

J. If a local agency decides to vacate, lease, sell, or otherwise dispose of the dedicated property, the local agency shall give at least 60 days notice to the subdivider whose name appears on the certificate before vacating, leasing, selling, or otherwise disposing of the dedicated property. This notice is not required if the dedicated property will be used for the same public purpose for which it was dedicated.

The county 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. (Formerly 23.07.013)

Upon approval of the final map by the Board of Supervisors, the County Clerk shall execute the appropriate certificate on the certificate sheet and shall, subject to the provisions of Cal. Gov’t. Code § 66464 of the Subdivision Map Act, transmit the map, or have an authorized agent forward the map to the County Recorder. (Formerly 23.07.014)