Tehachapi Municipal Code Ch. 17.20 Final Tract Maps

The final tract map shall be prepared by or under the direction of a registered civil engineer authorized to perform land surveying or licensed land surveyor, shall be based upon a survey and shall conform to all provisions of this title.

(Ord. 90-13-575 § 1(part), 1990)

A. A final tract map conforming to the approved or conditionally approved tentative map may be filed with the city council by the city planner for approval, after all required certificates on such map have been signed and, where necessary, acknowledged. Filing of a final tract map with the city clerk shall constitute filing with the city council.

B. The city planner shall complete and file within twenty days from the time the final map is submitted to him by the subdivider for approval.

(Ord. 90-13-575 § 1(part), 1990)

A. If, at the time of approval of the final map by the city council, any public improvements required by the city pursuant to the provisions of this title have not been completed and accepted in accordance with standards established in this title applicable at the time of approval or conditional approval of the tentative map, the city council, as a condition precedent to the approval of the final map, shall require the subdivider to enter into an improvement agreement upon mutually agreeable terms to thereafter complete such improvements at the subdivider's expense.

B. The city shall require that performance of such agreement be guaranteed by the security specified in Chapter 17.32.

(Ord. 90-13-575 § 1(part), 1990)

A. The final tract 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 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 eighteen by twenty-six 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 large enough (not smaller than one inch equals one hundred feet) 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.

B. All survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing thereon shall be shown, including bearings and distances of straight lines, radii, arc length, central angle, and tangents for all curves, and such information as may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries.

C. The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. The map shall show the definite location of the subdivision, and particularly its relation to existing, adjacent subdivisions, records of survey, legally divided parcels, and dedicated streets, and shall comply with the Land Surveyors Act (Section 8700 et seq. of the Business and Professions Code).

D. Each buildable lot shall be numbered in consecutive order, each nonbuildable lot shall be lettered in consecutive order, and each street shall be named.

E. When a soils report, a geologic report, or soils and geologic reports have been prepared specifically for the subdivision, such fact shall be noted on the final map, together with the date of such report or reports, the name of the engineer making the soils report and the geologist making the geologic report and the location where the reports are on file pursuant to Section 66434.5 of the Government Code. When no final soil report has been prepared prior to recordation of the final map, this fact shall also be noted on the final map.

F. The title of each final map shall consist of a tract number as secured from the appropriate county agency, conspicuously placed at the top of the sheet, followed by the words "Consisting of _____ sheets" (showing the number thereof), followed by the words "in the City of Tehachapi" or "partly in the City of Tehachapi and partly in unincorporated territory."

G. The name of the engineer or surveyor, his license number, license expiration date and seal, shall be shown on each sheet and the scale of the map and north arrow shall be shown on each sheet.

H. The total acreage being subdivided and the total number of lots being created shall be shown on the first map sheet.

I. The final map shall be accompanied by the following:

1. Certificate of Title Company. In the event any dedication is to be made for public use by certificate of title, policy of title insurance, a subdivision guarantee, or a dedication letter, in the name of the owner of the land, issued to, or for the benefit and protection of, the city by a title company authorized by the laws of the state of California to write the same, it shall show all parties whose consent is necessary to pass clear title to the land being subdivided, together with the nature of their interests therein, except where the land contained in such subdivision is registered under the Land Registration Act (Torrens Act) in which latter case a certified copy of the certificate of title shall be furnished.

2. Certificate of the County Tax Collector. No final map or plat shall be accepted by the city council unless it is accompanied by a certificate of the county tax collector, certifying substantially as follows:

State of California County of Kern, SS.

I, County Tax Collector of the County of Kern, State of California, hereby certify that there are no liens for unpaid taxes or unpaid bonds issued under any Improvement Act or Improvement Bond Act of the State of California, showing on the books of this office, except taxes not yet payable against the tracts or subdivisions, or any part thereof, shown on the annexed map and described in the caption thereof.

In Witness Whereof, I have hereunto set my hand this_____day of_______, 19___

County Tax Collector

3. Certificate of the County Auditor. No such final map shall be accepted by the city council unless it is accompanied by a certificate of the county auditor containing the requirements of an auditor's certificate, as provided by Section 14 of the Subdivision Map Act of the state.

4. Tax Bond. 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 or city council of the city, whichever is applicable, wherein any part of the subdivision is located, a good and sufficient bond to be approved by the board or council, whichever is applicable, and by its terms made to insure to the benefit of the city or county, as applicable, 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.

5. Certificate of Public Utility Easements. There shall be presented certificates executed respectively, by the various public utility companies authorized to serve in the area of the subdivision, certifying that satisfactory provisions have been made with each of said public utility companies or city as to location of their facilities, and that satisfactory easements where required by such companies have been executed and delivered to the certifying companies for recording. Easements for public utility companies shall be delineated on the final map as easements for public utilities.

(Ord. 90-13-575 § 1(part), 1990)

Prior to filing, those certificates and acknowledgments set forth in Sections 17.20.040 through 17.20.120 shall appear on the final tract map and may be combined where appropriate.

(Ord. 90-13-575 § 1(part), 1990)

A. A certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the final tract map is required, except as permitted pursuant to Section 66436 of the Map Act or this section.

B. The signatures of each party owning a recorded interest in, or right to, minerals, including but not limited to, oil, gas, or other hydrocarbon substances, not including lessees of such rights, shall be required unless his name and the nature of his respective interest are stated on the final map and the advisory agency determines, or on appeal the city council finds, at least one of the following applies:

1. The party's right of surface entry has been expressly waived;

2. The party's interest is less than twenty percent and the signature of one or more parties having a combined interest of more than fifty percent has been obtained;

3. At least two weeks prior to the date of hearing on the tentative map, the subdivider has given written notice, by registered mail to each owner of record of minerals underlying the subdivision, of intent to reserve and delineate or describe a drill site on the subdivision map, and a drill site or sites of practicable size and location and either within the subdivision or within a practicable distance thereof, as determined by the advisory agency, and as to which the owner of the mineral interest has a recorded right of access and use, is or has been reserved and is delineated on the approved tentative map for the subdivision or, if outside the boundaries of the subdivision, is specifically described on the approved tentative map. The advisory agency may require the subdivider to install a wall or fence and landscaping around any or all reserved drill sites and that adequate provisions be made for maintenance thereof. Approval by the advisory agency of a reserved drill site shall constitute approval to drill thereon upon compliance with all conditions and mitigation required under other applicable regulations and processes;

4. At least two weeks prior to the date of hearing on the tentative map, the subdivider has given written notice, by registered mail to each owner of record of mineral rights underlying the subdivision, of intent to make the showing provided for in this subsection, and has presented at the hearing competent, technical evidence establishing to the satisfaction of the advisory agency that production of minerals from beneath the subdivision is improbable.

C. The provisions of subsection B of this section shall be applicable to any final parcel map unless each parcel created thereby has a gross area of twenty acres or more.

(Ord. 90-13-575 § 1(part), 1990)

Dedications of, or offers to, dedicate interests in real property for specified public purposes shall be made by a certificate on the final map.

(Ord. 90-13-575 § 1(part), 1990)

The final map shall contain a certificate for execution by the clerk of the city stating that the city council approved the map and accepted, accepted subject to improvements, or rejected, on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication.

(Ord. 90-13-575 § 1(part), 1990)

A. A certificate by the engineer or surveyor responsible for the survey and final tract map is required. His certificate shall give the date of the survey, state that the survey and final tract map were made by him or under his direction, and that the survey is true and complete as shown.

B. The certificate shall also state that all interior monuments are of the character and occupy the positions indicated on the map, or that they will be set in such positions on or before a specified later date prior to issuance of a building permit. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced.

(Ord. 90-13-575 § 1(part), 1990)

A certificate by the city engineer is required on the final tract map. He shall certify that:

A. He has examined the map;

B. The subdivision as shown is substantially the same as it appeared on the tentative map, and any approved alterations thereof;

C. All provisions of the Map Act and this title applicable at the time of approval of the tentative map have been complied with;

D. He is satisfied that the map is technically correct.

(Ord. 90-13-575 § 1(part), 1990)

A certificate by the planning director is required on the final tract map. He shall certify that:

A. The planning commission approved or conditionally approved the tentative map and the date such action was taken.

B. The subdivision, as shown on the final map, is substantially the same as it appeared on the tentative map and in accordance with any conditions approved by the commission.

(Ord. 90-13-575 § 1(part), 1990)

Prior to the filing of the final map with the city council, the owner or subdivider shall file such certificate and such security and make such payments as are required by Sections 66492, 66493 and 66494 of the Map Act and shall comply fully with such provisions of law.

(Ord. 90-13-575 § 1(part), 1990)

A. The city council 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 unless it fails to conform to or satisfy requirements or conditions which were applicable to the subdivision at the time of approval of the tentative map. Disapproval shall be accompanied by findings identifying requirements or conditions which have not been conformed to or met. The city council may waive compliance with the conditions and requirements if it finds such noncompliance to have been the result of technical and inadvertent error not materially affecting the validity of the map.

B. If the city council does not approve or disapprove the map within the prescribed time, or any authorized extension thereof, and the map conforms to all said requirements and rulings, it shall be deemed approved, and the clerk of the city council shall certify its approval thereon.

C. Before recording of any final tract map, the subdivider shall obtain a subdivision guarantee from a company authorized to issue title insurance which shall guarantee the county and the city in a designated sum that according to public records which, under the recording laws, impart constructive notice of matter affecting the title to the land contained in the subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the Map Act or this title, on the certificates consenting to the recordation of the final map of said land and offering for dedication any streets, roads, avenues and other easements offered for dedication by said final map are as stated in the subdivision guarantee.

(Ord. 90-13-575 § 1(part), 1990)

After approval by the city council of a final tract map, the city clerk shall transmit the map in accordance with the provisions of Section 66464 of the Map Act.

(Ord. 90-13-575 § 1(part), 1990)

A recorded final tract map may be corrected or amended pursuant to the procedure specified in Sections 66470 et seq. of the Map Act.

(Ord. 90-13-575 § 1(part), 1990)

Multiple (or "phased") final maps may be permitted in accordance with Section 66456.1 of the Map Act. If the subdivider did not specify his intent to file multiple final maps at the time the tentative map was filed, or did not define the number or configuration of the proposed multiple final maps at such time, each such map shall, before it is filed with the city council, be heard by the advisory agency which shall consider and may impose reasonable conditions relating to the filing of multiple final maps.

(Ord. 90-13-575 § 1(part), 1990)