Sutter County Municipal Code § 1400-300 Final Maps for Subdivisions

Within 36 months after approval or conditional approval of the approved tentative map, a subdivider may cause his subdivision, or any part thereof, to be surveyed and a final map thereof prepared in conformance with the tentative map, including conformance with any conditions attached to such approval. However, if the subdivider is required to expend the amount of money set forth in Section 66452.6 of the Government Code to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonably related to the development of that property, each filing of a phase of a multiple final map shall extend the expiration of the approved or conditionally approved tentative map by 36 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than ten years from its approval or conditional approval.

However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 of the Subdivision Map Act may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined at the time of the approval or conditional approval of the tentative map. "Public improvements" as used in this section, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.

Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which the map expires may be extended by the Planning Commission for a period or periods not exceeding a total of five years. Prior to the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. The final map shall be filed with the Development Services Department Director in accordance with the requirements of this Chapter.

The extensions listed above shall be in addition to any tentative map extensions granted by the State Legislature and the specific requirements of those extensions.

([1583] Ord. 1585, Sec. 2, May 28, 2013)

At the time of filing of a final map for review by the County Surveyor, the subdivider shall pay a map checking fee as established by a resolution of the Board of Supervisors. The subdivider shall pay recording fees for recordation of the final map as required by the County Recorder.

Prior to or at the time of submitting the final map of a subdivision to the Development Services Department Director, the subdivider shall submit therewith the following documents:

(a) Traverse Sheets. Calculation and traverse sheets in a form approved by the Development Services Department Director giving bearings and distance and coordinates of the boundary of the subdivision and blocks and lots therein shown on the final map.

(b) Public Improvement Plans. The original tracings of detailed plans, cross sections and profiles of this Chapter and of all other improvements proposed to be installed as required by the provisions of this Chapter and of all other improvements proposed to be installed by the subdivider in, on, over, or under any street, right-of-way, easement, or parcel of land dedicated by the map or previously dedicated, including the estimated cost thereof, shall be filed with the Development Services Department Director for his approval and signature. All such plans shall be prepared in accordance with the requirements of the Development Services Department Director. Plan sheets shall be 24 by 36 inches with one inch left margin.

(c) A no-access rights certificate shall be shown on the final map where required by the Development Services Department Director.

(d) Design Data. Design data assumptions and computations for proper analysis in accordance with sound engineering practice.

(e) Report and Guarantee of Clear Title. The final map shall be accompanied by a current report prepared by a duly authorized title company naming the persons whose consent is necessary for the preparation and recordation of such map and for dedication of the streets, alleys, and other public places shown on the map and certifying that as of the date of the preparation of the report, the persons therein named are all the persons necessary to give clear title to such subdivision. At the time of recording said map, following approval by the Board of Supervisors, there shall be filed with the County Recorder a guarantee executed by a duly authorized title company showing the persons (naming them) consenting to the preparation and recordation of such map and offering for dedication the streets, alleys, and other public places shown thereon are all the persons necessary to pass clear title to such subdivision and the dedications shown thereon.

(f) The Agreement and Bonds specified in that section of this Chapter entitled "Improvement Security".

(g) Deed Restrictions: By-Laws and/or Articles of Incorporation. Two copies of all deed restrictions, by-laws and articles of incorporation

([1543] Ord. 1583, Sec. 1, March 12, 2013; [1583] Ord. 1585, Sec. 2, May 28, 2013)

(a) Size, Material, Scale. The final map shall be 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 legibly 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 insure permanent legibility. The dimensions of each sheet of such map shall be 18 inches by 26 inches. A marginal line shall be drawn completely around each sheet leaving an entirely blank margin of one inch. The scale of the map shall be sufficient to show all details clearly and in no case shall be greater than one inch equals 100 feet nor less than one inch equals 50 feet. A scale greater than one inch equals 100 feet may be permitted subject to authorization by the Development Services Department Director. Enough sheets shall be used to accomplish this end. The number of each sheet and the total number of sheets comprising the map shall be stated on each of the sheets and the relation of each adjoining sheet shall be clearly shown by a small key map on the first sheet. Each sheet of such map proper shall show the date of the survey, north point, written graphic scale, and other information as necessary. The map shall be so made and shall be in such condition when filed that good legible prints and negatives can be made there from.

(b) Title. The title of each sheet of such final map shall consist of the approved name and unit number of the tract, if any, at the lower right hand corner of the sheet, followed by the words, "County of Sutter". Maps filed for the purpose of showing a reversion to acreage to land previously subdivided shall be conspicuously marked with the words "Reversion to Acreage".

(c) Coordinate System. Wherever the County Surveyor has established a system of coordinates, then the survey shall be tied into such system. The adjoining corners of all adjoining lots shall be identified by lot and block numbers, subdivision name and place of record, or other proper designation.

(d) Subdivision Boundary. An accurate and complete boundary survey to second order accuracy shall be made of the land to be subdivided. A traverse of the exterior boundaries of the tract and of each block when computed from field measurements on the ground, shall close within a limit of one foot to 10,000 feet. The boundary of the subdivision shall be indicated on the final map by clearly designated distinctive symbols.

(e) Dimensions, Bearing, Curve Data. The final map shall show all survey and mathematical information and data necessary to locate all monuments thereon, including bearing and distance of straight lines and central angle, radius, and arc length of curves, and such information as may be necessary to determine the location of the centers of the curves.

(f) Lots and Blocks. All lots and blocks and all parcels offered for dedication for any purpose shall be particularly delineated and designated with all dimensions, boundaries, and courses clearly shown and defined in every case; except in the case of a parcel map, the location of any remainder of the original parcel shall be shown, but need not be shown as a matter of survey but only by reference to the existing record boundaries of such remainder if such remainder has a gross area of 20 acres or more. Parcels offered for dedication other than for streets and easements shall be designated by letter. Sufficient linear, angular and curve data shall be shown to determine readily the bearing and length of the boundary lines of every block, lot, and parcel which is a part thereof. Sheets shall be so arranged that no lot is split between two or more sheets and, wherever practical, blocks in their entirety shall be shown on one sheet. No ditto marks shall be used for lot dimensions. Lot numbers shall begin with the numeral "1" and continue consecutively throughout the tract, with no omissions or duplications.

(g) Streets. The map shall show the right-of-way lines of each street, and the width of any portion being dedicated and widths of any existing dedications. The widths and locations of adjacent streets and other public properties within 50 feet of the subdivision shall be shown. If any street in the subdivision is a continuation or approximately a continuation of any existing street, the conformity or the amount of non-conformity of such street to such existing streets shall be accurately shown. Whenever the centerline of a street has been established or recorded, the data shall be shown on the final map.

(h) Easements. The side lines of all easements, including utility and new access easements shall be shown by fine dashed lines. If any easement already of record cannot be definitely located, a statement of the existence, the nature thereof, and its recorded reference shall appear on the title sheet. Distances and bearings on the side lines of lots which are cut by an easement shall be narrowed or so shown that the map will indicate clearly the actual lengths of the lot lines. The widths of all easements and sufficient ties thereto to definitely locate the same with respect to the subdivision shall be shown. All easements shall be clearly labeled and identified. If an easement shown on the map is already of record, its recorded reference shall be given. If an easement is being dedicated by the map, it shall be set out in the owner's certificate of dedication.

(i) High Water Line. The map shall show the line of mean high water with a fine continuous line in case the subdivision includes or is adjacent to areas subject to periodic inundation or other waters, and the use of such areas may be required to be restricted by a covenant of restrictions.

(j) Monuments.The map shall fully and clearly show what stakes, monuments or other evidence to determine the boundaries of the subdivision were found on the ground and each adjacent corner of each adjoining subdivision or portion thereof, by lot and block numbers, tract name or number and place of record, by section, municipality and range, or other proper designation. Any monument or benchmark as required by this Chapter, that is disturbed or destroyed before acceptance of all improvements, shall be shown on the final map:

(1) The location of all monuments placed in making the survey. If any points were reset by ties, the fact shall be stated.

(2) Concrete monuments depressed below street grade with cast iron ring and cover of a type approved by the Development Services Department Director shall be set at intersections of street centerline tangents or offsets there from, or as required by the Public Works Director. The exact location of all such monuments shall be shown on the final map.

(3) All lot corners shall be permanently monumented.

(4) All monuments shall be set prior to acceptance of the public improvements by the Board of Supervisors.

(k) Certificate, Acknowledgment and Description. The title sheet of the map, below the title, shall show the name of the engineer or surveyor, together with the date of the survey, the scale of the map and the number of sheets. The following certificates, acknowledgments and description shall appear on the title sheet of the final map and such certificates may be combined where appropriate:

(1) Certificate by Parties Holding Title. A certificate in accordance with the provisions of Section 66436 of the Subdivision Map Act.

(2) Dedication Certificate. A certificate in accordance with Section 66439 of the Subdivision Map Act.

(3) Engineer's Certificate. A certificate in accordance with Section 66441 of the Subdivision Map Act.

(4) Certificate to be Executed. Certificates for execution by each of the following:

a. County Surveyor.

b. County Clerk.

c. Development Services Department Director.

d. County Recorder.

(l) Description of Property. A description of all property being subdivided by reference to maps or deeds of the property shown thereon as shall have been previously recorded or filed. Each reference in such description to any tract or subdivision shall show a complete reference to the book and page or records of the County. The description shall also include reference to any vacated area with the number of the ordinance vacating thereof.

(m) Certificate Regarding Tax Lien. Prior to the filing of the final map with the Board of Supervisors, the subdivider shall file the certificate and documents set forth in Section 66492 of the Subdivision Map Act or any amendments thereto relating to taxes and assessments.

(n) Other Affidavits, Etc. Such other affidavits, certificates, acknowledgments, endorsements, and notarial seals as are required by law and by this Chapter.

(o) Additional Information for Simultaneous Recordation. At the time of filing of the final map by the subdivider, additional information may be required to be submitted for simultaneous recordation. Such additional survey and map information may include, but not be limited to: building setback lines, flood hazard zones, and agricultural protection landscape buffers. The additional information shall be in the form of an additional map sheet which shall indicate its relationship to the final map, and shall contain a statement that the additional information is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest. The additional map sheet may also contain a notation that the additional 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 additional map sheet.

([1543] Ord. 1583, Sec. 1, March 12, 2013; [1583] Ord. 1584, Sec. 3, May 28, 2013; Ord. 1585, Sec. 2, May 28, 2013)

Upon receipt of the final map and other data submitted therewith, the Development Services Department Director or his/her authorized representative 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 this Chapter and the Subdivision Map Act applicable at the time of approval of the tentative map have been complied with, and that he is satisfied that the map is technically correct. If the Development Services Department Director determines that the final map is not in full conformity with the tentative map, he shall advise the subdivider of the changes or additions that must be made to make such purposes and shall afford the subdivider an opportunity to make such changes or additions. If the Development Services Department Director shall determine that full conformity therewith has been made, he shall so certify said map and shall transmit said map to the County Surveyor, who shall check the map and certify as to its accuracy and technical correctness. Upon certification by the County Surveyor of the accuracy and technical correctness of the map, the County Surveyor shall transmit the map and certification to the Clerk to the Board of Supervisors.

([1583] Ord. 1585, Sec. 2, May 28, 2013)

The Development Services Department Director or his/her authorized representative shall examine the final map and determine if all lots and parcels created by said map conform with the requirements of all zoning laws of the County and the tentative map approved by the Planning Commission and upon said finding, shall execute the appropriate certificate on the map.

([1583] Ord. 1584, Sec. 3, May 28, 2013)

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, approve the map if it conforms to all the requirements of the Subdivision Map Act and this Chapter applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder. The meeting at which the legislative body receives the map shall be the date on which the clerk of the legislative body receives the map. The foregoing notwithstanding, the Board shall not consider the final map until the agenda notice requirements of the Ralph M. Brown Act have been met. At the time the Board of Supervisors approves a final map, it shall also accept, accept subject to improvement, or reject any offer of dedication. The Clerk of the Board of Supervisors shall certify on the map the action by the Board of Supervisors.

If, at the time of approval of the final map by the Board of Supervisors, any public improvements required by the County pursuant to the provisions of this Chapter have not been completed and accepted in accordance with County standards applicable at the time of the approval or conditional approval of the tentative map, the Board of Supervisors, as a condition precedent to the approval of the final map, shall require the subdivider to enter into an agreement with the County upon mutually agreeable terms to thereafter complete such improvements at the subdivider's expense. Such agreement shall be secured by improvement security in the amount and form set forth in this Chapter.

(a) The Board of Supervisors shall not approve a final map if it finds that the subdivider failed to meet any of the requirements imposed by the Subdivision Map Act or by this Chapter or by the conditional approval of the tentative map that applied to the property when the tentative map was approved. The disapproval must be accompanied by a finding identifying the requirements that were not met. Within 30 days after the Board of Supervisors has disapproved any map, the subdivider may file with the Development Services Department Director a map altered to meet the requirements of the Board of Supervisors. In such case, the Development Services Department Director and County Surveyor shall review the altered map for conformance with the requirements of the Board of Supervisors and shall then submit the altered map to the Board of Supervisors for its approval along with a certificate that the altered map is technically correct. No final map shall have any force or effect and no offer of dedication shall be accepted until the County Surveyor has recorded the map with the County Recorder.

(b) The Board of Supervisors shall not deny approval of a final or parcel map if a tentative map has been previously approved for the proposed subdivision and if the Board finds that the final map is in substantial compliance with the previously approved map.

([1583] Ord. 1585, Sec. 2, May 28, 2013)

The Board of Supervisors may waive the requirements of this Chapter for any map which fails to comply with the requirements or conditions of this Chapter or of the Subdivision Map Act when the failure of the map is the result of a technical and inadvertent error which, in the determination of the Board of Supervisors, does not materially affect the validity of the map. Any request for waiver under this section shall be filed with the Clerk of the Board and accompanied by a fee as may be required by resolution of the Board of Supervisors.

When the Board of Supervisors shall have approved the final map as set forth in this Chapter, the County Surveyor shall record the same with the County Recorder.

([1334] Ord. 1583, Sec. 1; March 12, 2013)