St. Helena Municipal Code Ch. 16.20 Final Maps

Sections:

16.20.010 General. 16.20.020 Phasing. 16.20.030 Survey required. 16.20.040 Form. 16.20.050 Preliminary submittal for city approval. 16.20.060 Review by public works director. 16.20.070 Approval by public works director. 16.20.080 Approval by city council. 16.20.090 Filing with the county recorder.

The form, contents, accompanying data and filing of the final map shall conform to the provisions of the state Subdivision Map Act and this chapter. The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor. (Prior code § 25.72)

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 planning director in writing of the subdivider’s intention to file multiple final maps on the tentative map in accordance with Section 16.16.020(D)(3). In providing the notice, the subdivider shall not be required to define the number or configuration of the proposed multiple maps. The city council shall approve the sequence of map approvals. After filing of the tentative map application, the planning 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. (Prior code § 25.73)

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.

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. At least one exterior boundary line shall be monumented prior to recording the final map. Other monuments shall be set as required by the city engineer. (Prior code § 25.74)

A. Final maps shall be clearly and legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits and acknowledgments may be stamped or printed on the map with opaque ink if the ink surface is coated with a suitable substance to assure permanent legibility. The size of the sheets shall be eighteen (18) by twenty-six (26) inches, leaving a margin of one inch on all sides.

B. The title sheet shall contain the title consisting of the subdivision number and the name of the tract and such name shall not be the same as the name of any existing city, town, tract or subdivision of land into lots, of which a map or plot has been previously recorded, or so nearly the same as to mislead the public or cause confusion as to the identity thereof, and a subtitle or general description of all the property being subdivided by reference to maps which have been previously recorded. In case the property included with the subdivision lies wholly within the corporate limits of the city, the following words shall appear before the title: “In the City of St. Helena”; if partly within the city limits, the following words shall be used: “Lying within and adjoining the City of St. Helena.” Reference to tracts and subdivisions in the description must be worded identically with original records and reference to book and page of record must be complete. Every sheet comprising the map shall bear the number, name, scale, north point, legend, sheet number and number of sheets comprising the map. Below the title shall be clearly noted the basis of bearing for the survey.

C. When the final map consists of more than two sheets, a key map showing the relation of the sheets shall be placed on the first map sheet.

D. The scale of the final map shall be one inch equals one hundred (100) feet, unless otherwise approved by the public works director.

E. The map shall show clearly what stakes, monuments or other evidences were found on the ground to determine the boundaries of the tract. The adjoining corners of all adjoining subdivisions shall be identified by lot and block numbers, tract name and place of records, or by section, township and range, or other proper designation.

F. 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 to net dimensions to the boundaries of adjoining streets and shall be shown in feet and hundreds of feet. No ditto marks shall be used. Lots containing one acre or more shall show net acreage to nearest hundredths. Bearings and distances of straight lines and such radii and arc lengths for all curves as may be necessary to determine the location of the centers of curves shall be shown.

G. The boundary of the tract shall be designated by a colored border applied to the tracing. Such border shall not interfere with the legibility of figures or other data.

H. In any subdivision, all lots shall be numbered consecutively with no omission or duplications throughout the entire subdivision and for future units of any subdivision which has the same tract name but is designated by different units. No block division or numbering is required, but if desired by the subdivider, then each block shall be numbered consecutively. Circles or other geometric figures shall not be drawn around numbers. Each lot must be shown entirely on one sheet.

I. The map shall show the center and side 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 center line, also the width of railroad rights-of-way appearing on the map.

J. The map shall show the center and/or 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. Easement for storm drains, sewers and other purposes shall be denoted by dotted lines. Distances and bearing on the side lines of lots which are cut by an easement must be arrowed or so shown that the map will indicate clearly the actual lengths of the lot lines. The width of the easement and lengths and bearings of the lines thereof and sufficient ties thereto to definitely locate the easement with respect to the subdivision must be shown. If the easement is being dedicated by the map, it shall be properly set out in the owner’s certificate of dedication. All notes or figures pertaining to easements shall be considerably smaller and lighter than those relating to the subdivision itself.

K. The final map shall particularly define, delineate and designate all lots intended for sale or reserved for private purposes and all parcels offered for dedication for any purposes, with all dimensions, boundaries and courses clearly shown and defined in every case. Any or all of the parcels of land intended for any public use, except those parcels, other than streets, intended for exclusive use of the lot owners, their licensees, visitors, tenants and servants, in the subdivision shall be offered for dedication for public use. Parcels offered for dedication but not accepted shall be clearly designated as such on the map.

L. The following certificate and acknowledgments and all others now or hereafter 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 record title interest in the subdivided real properties consenting to the preparation and recordation of the map; provided, however, that the signatures of parties owning the following types of interest may be omitted if their names and nature of their interests are endorsed on the map:

• a. Rights-of-way, easements or other interests, none of which can ripen into a fee, except those owned by a public entity or public utility, in accordance with Section 66936 of the state Subdivision Map Act,

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 impractical to obtain. In this case a reasonable statement of the circumstances preventing the procurement of the signatures shall be endorsed on the map,

c. Interests in or rights to minerals, including but not limited to oil, gas or other hydrocarbon substances, if (i) the ownership of such interests or rights does not include a right of entry on the surface of the land; or (ii) the use of the land or the surface thereof in connection with the ownership of such interests or rights is prohibited by zoning or other governmental regulations;

2. A certificate signed and acknowledged as above, offering for public use those certain parcels of land which the parties desire to dedicate;

3. A certificate by the civil engineer or the licensed surveyor must be attested unless accompanied by his or her seal;

4. A certificate for execution by the city engineer;

5. A certificate for execution by the office of the county recorder;

6. A certificate for execution by the secretary of the planning commission;

7. Certificates for execution by the city clerk and county auditors stating that according to the records of the respective offices, there are no liens against the subdivision or any part thereof for unpaid states, county, municipal or local taxes, or special assessments not yet payable;

8. A certificate attesting that a tax bond, cash or other securities guaranteed in payment have been filed with the county clerk to cover taxes and assessments against the property which are a lien but are not yet payable;

9. A certificate for execution by the mayor and the city clerk approving the final map as submitted and accepting, or accepting subject to improvement or rejecting any or all offers of dedication.

M. Any map including territory originally patented by the United States or the state of California, under patent reserving interest to either or both of these entities, may be recorded under the provisions of this title without the consent of the United States or the state of California thereto or to dedications made thereon.

N. Additional maps and information may be required to be recorded simultaneously with the final map. At the option of the public works director, the additional information may be on a separate document or additional map sheet. Such information may include, but is not limited to, highway, street and building setback lines, flood hazard zones, seismic lines and setbacks, geologic mapping and archeological sites. (Prior code § 25.75)

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. Title Report. A title report issued by a reputable title insurance company showing the names of all persons having any right, title or interest in the lands proposed to be subdivided at the time of submittal of the final map and whose consent is necessary to convey clear title to the lands;

• B. Fees. All required processing fees and inspection fees;

• C. Improvement Plans. Improvement plans as required by Section 16.32.240;

• D. Soils Report. A soils report prepared in accordance with Section 16.32.220 Chapter 70 (Excavation and Grading) of the Uniform Building (adopted by reference by Section 15.12.010 of this code);

E. Tax Certificate. A certificate from 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;

F. Deeds for Easements or Rights-of-Way. Notarized 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;

• 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 stormdrains and flood flow;

I. Governing Documents. The submittal of the final map for a common interest development within the meaning of Sections 1350 et seq. of the California 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 Section 1363 of the Civil Code. The submittal of the final 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 city engineer and city attorney;

J. Guarantee of Title. A guarantee of title, in form acceptable to the city engineer 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;

K. Improvement Agreement. In the event sewer, water, drainage, grading, paving or other improvements required pursuant to Chapter 16.32 have not been completed prior to the presentation of the final map, an agreement in accordance with the requirements of Section 16.32.250 shall be filed for the improvement thereof. The subdivider shall secure the performance of the agreement in accordance with the requirements of Section 16.28.090;

L. Liability Agreement and Insurance. A hold-harmless agreement 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 or her 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;

M. Any additional data, reports, or information as required by the public works director or city attorney. (Ord. 02-1 § 8; prior code § 25.76)

The public works director shall review the preliminary final map and any other required information and the subdivider shall make corrections and/or additions until acceptable to the public works director. (Prior code § 25.77)

The subdivider shall submit to the public works director 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 public works director shall sign the appropriate certificates and transmit the original map to the city clerk. The date the map shall be deemed filed with the city council is the date on which the city clerk receives the map. (Prior code § 25.78)

A. 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 map, the city council shall consider approval of the subdivision improvement agreement in accordance with the requirements of Section 16.32.290.

B. The city council shall approve the final map if the city council finds that the map meets all the requirements and conditions imposed by the state Subdivision Map Act and by this code, which were applicable to the subdivision at the time of the approval of the tentative map. If the subdivision improvement agreement and/or final map is unacceptable, the city council shall make its recommended improvement correction, 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.

C. If the subdivision improvement agreement and final map are approved by the city council, it shall instruct the city clerk to execute the agreement on behalf of the city. At the time the city council approves the final map, it shall also accept, accept subject to improvement or reject any offer of dedication. The city clerk shall certify on the final map the action by the city council. If at the time the final map is approved, any streets, paths, alleys, public utility easement, 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 and the city council may, be resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, paths, alleys, rights-ofway for local transit facilities or storm drainage easements which acceptance shall be recorded in the office of the county recorder.

D. 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 follow the procedure according to Section 16.32.200. (Ord. 02-1 § 9; prior code § 25.79)

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 Section 66464 of the state Subdivision Map Act, transmit the map, or have an authorized agent forward the map, to the county recorder. (Prior code § 25.80)