Chapter 15.12 — FINAL MAPS

The purposes of Section 15.12.010 through Section 15.12.130, inclusive, is to create and establish the regulations, standards and procedures for final subdivision maps.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

This chapter is applicable to all approved or conditionally approved tentative maps and all approved or conditionally approved vesting tentative maps that have not expired.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

A.

The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor; and it shall be based upon a survey.

B.

It 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.

C.

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 to show all details clearly and enough sheets shall be used to accomplish this end, although in no case shall the scale be less than one inch equals one hundred feet. The particular number of the sheet and the total number of sheets, and its relation to each adjoining sheet shall be clearly shown.

D.

All survey and mathematical information and data need 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 sight lines, and radii and arc length or chord bearings and length for all curves, and any information which may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries.

E.

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 surrounding surveys. 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.

F.

If the subdivision is adjacent to a stream, channel or any body of water, the final map shall show the line of high water. If any portion of any land within the boundaries shown on the final map is subject to overflow, inundation or flood hazard by storm waters, such fact and said portion shall be clearly shown on the map.

G.

The delineation of lots and blocks shall include the following:

1.

The bearing and length of every lot line, block line and bounce line; total dimensions of lots, corner to corner, in feet and hundredths of a foot;

2.

The total acreage, to the nearest hundredth, of every lot containing one acre or more;

3.

Bearings and lengths of straight lines, and radii and arc length for all curves as may be necessary to determine the location of the centers of curves and tangent points;

4.

Identification of the adjoining corners of all adjoining subdivisions, by lot and block number, subdivision name and place of record, or other proper designation;

5.

The name or other designation for each street;

6.

Lot numbers, beginning with the number "1" and continuing consecutively throughout the subdivision with no omissions or duplications;

7.

Block numbers, if any, beginning with the number "1" or letter "A" and continuing consecutively throughout the subdivision without omission or duplication. The numbers or letters shall be solid and of sufficient size

and thickness to stand out, shall be so placed as not to obliterate any figure, and shall not be enclosed in any design. Each block shall be shown in its entirety on one sheet. Where adjoining blocks appear on separate sheets, the street adjoining both blocks shall be shown on both sheets complete with centerline and property line data;

8.

The final map shall particularly define, delineate and designate all lots intended for sale or reserved for private purposes, all parcels offered for dedication for any purpose, public or private, with all dimensions, boundaries and courses clearly shown. Parcels offered for dedication, but not accepted shall be designated by letter;

9.

No lot shall contain any part of an existing right-of-way.

H.

When easements are to be included as part of the subdivision, the final map shall include the following:

1.

The map shall clearly show the side lines and widths of all easements to which the lots are subject, the lengths and bearings of the lines thereof and sufficient ties thereto to definitely locate the easement with respect to the subdivision.

2.

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.

3.

Easements for storm drains, sewers and other purposes shall be denoted by fine dotted lines.

4.

If the easement is being dedicated by the map, it shall be properly referenced in the owner's certificate of dedication.

I.

A notation or reference to additional information required by the public works director, pursuant to Section 15.08.040, shall be shown.

J.

Any certificate, statement or acknowledgments required by Section 15.12.050 shall appear on the final map; or whenever a certificate, statement, or acknowledgment is made by separate instrument, there shall

appear on the final map a reference to the separately recorded document, completed by the county recorder.

K.

In the event that an owner's development lien has been created pursuant to the provisions of Article 2.5 (commencing with Section 39327) of Chapter 3 of Part 23 of the Education Code on the real property or portion thereof subject to the final map, a notice shall be placed on the face of the final map specifically referencing the book and page in the county recorder's office in which the resolution creating the owner's development lien was recorded. The notice shall state that the property subdivided is subject to an owner's development lien and that each parcel created by the recordation of the final map shall be subject to a prorated amount of the owner's development lien on a per acre or portion thereof basis.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

A.

The public works director may require additional data to be filed or recorded simultaneously with a final map. The additional information shall be in the form of a separate document or an additional map sheet which shall indicate its relationship to the final or parcel 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 document or 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 document or additional map sheet.

B.

This additional data may include, but not limited to, the following:

1.

Soils and/or geologic data;

2.

Building setback lines;

3.

Archaeological information.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

The following certificates, statements, and acknowledgments shall appear on the final map and may be combined where appropriate; or shall be referred to on the final map whenever they are to be filed or recorded simultaneously:

A.

A certificate, signed and acknowledged by all parties having any recorded title interest in the subdivided real property, consenting to the preparation and recordation of the final map is required, except as permitted by Section 66436 of the Government Code;

B.

Dedications of or offers to dedicate interests in real property for specified public purposes shall be made by a statement on the final map, signed and acknowledged by those parties having any record title interest in the real property being subdivided, subject to the provisions of Section 66436 of the Government Code. In the event any street shown on a final map is not offered for dedication, the statement may contain a declaration to this effect. If such statement appears on the final map and if the map is approved by the city council, the use of any such street or streets by the public shall to 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 an intent to dedicate such facilities is expressly declared in the certificate;

C.

The final map shall contain a certificate for execution by the public works director, development services director and county recorder;

D.

The final map shall contain a certificate for execution by the city clerk stating the city council approved the map and accepted, accepted subject to improvement, 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;

E.

A statement by the engineer or surveyor responsible for the survey and final map is required. His or her statement shall give the date of the survey, state that the survey and final map were made by him or her or under his or her direction, and that the survey is true and complete as shown. The certificate shall also state that all the monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before a specified later date. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced. The certificate shall also include the registration or license number and expiration date of the engineer or surveyor;

F.

If a subdivision for which a final map is required lies within an unincorporated area, a certificate or statement by the county surveyor is required. If a subdivision lies within the city, a certificate or statement by the city engineer is required. The appropriate official shall sign, and, below or immediately adjacent to the signature, indicate his or her license number or registration number with expiration date and state that:

1.

He or she has examined the map,

2.

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

3.

All provisions of this title and the Subdivision Map Act applicable at the time of approval of the tentative map have been complied with,

4.

He or she is satisfied that the map is technically correct.

The county surveyor or the city engineer, as the case may be, or other public official or employee qualified and authorized to perform the functions of either, shall complete and file with his or her legislative body his or her certificate or statement as required by this section within twenty days from the time the final map is submitted to him or her by the subdivider for approval.

(Ord. 1368 N.C.(2d) § 18, 1996: Ord. 1036 N.C.(2d) § 3 (part), 1989.)

15.12.060 - Multiple final maps on one tentative map.

Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if one of the following conditions exist:

A.

The subdivider, at the time the tentative map is filed, informs the planning commission of the subdivider's intention to file multiple final maps on such tentative map; or

B.

After the fling of the tentative map, the public works director, development services director and subdivider concur in the filing of multiple final maps. In providing such notice, the subdivider shall not be required to define the number or configuration of the proposed 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 such tentative map. The right of the subdivider to file multiple final maps shall not limit the authority of the city to impose reasonable conditions relating to the filing of multiple final maps.

(Ord. 1368 N.C.(2d) § 18, 1996: Ord. 1056 N.C.(2d) § 3 (part), 1989.)

15.12.070 - Filing bond.

Prior to the filing of the final map with the city council, the subdivider shall:

A.

File with the clerk of Solano County board of supervisors, a certificate or statement from the county tax collector, showing that, according to the records of this office, there are no liens against the subdivision or

parcels or any part thereof for unpaid state, county, municipal, or local taxes or special assessments collected as taxes, except taxes or special assessments not yet payable;

B.

File with the clerk of the board of supervisors a certificate or statement processed by each proper officer giving his or her estimate of the amount of taxes and assessments which are a lien but which are not yet payable;

C.

Whenever any part of the subdivision or parcels is subject to a lien for taxes which are not yet payable, no person shall record or cause to be recorded the final map or parcel map, or waiver thereof until the owner or subdivider executes and files with the board of supervisors of the county wherein any part of the subdivision or parcels is located, a good and sufficient bond, approved by the board and by its terms made to inure to the benefit of the county and conditioned upon the payment of all state, county, municipal and local taxes and the current installment of principal and interest of all special assessments collected as taxes which, at the time the final map or parcel map is recorded, are liens against the property, but which are not yet payable. In lieu of a bond, the subdivider or owner may deposit the same amount in cash or negotiable bonds of the kind approved for securing deposits of public money.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

Prior to approval of the final map by the city council, the subdivider shall execute and file and agreement with the city stating the period within which he or she shall complete all improvement work as specified in the approval of such final map or reference therein to standard subdivision improvement specifications as determined by the city engineer. In addition, providing that if he or she shall fail to complete such work within such period, the city, at its discretion, may complete all or part of the improvement work, may suspend completion of all or part of the improvement work, or may cause removal of all or part of the improvement work and cause the land to be restored. In any such case, the city shall recover from the subdivider any costs and expenses incurred by the city by the failure of the subdivider to complete such work. The agreement shall also provide for the cost of engineering and inspections of all improvements by the city engineer, and reimbursement of the city by the subdivider for such costs, as well as the cost of any costs and attorney's fees incurred in enforcing this agreement. Such agreement may also provide for the following:

A.

The construction of the improvement in units;

B.

The extension of time under conditions therein specified;

C.

The termination of the agreement upon the completion of proceedings under an assessment district act for the construction of improvements deemed by the city engineer to be at least the equivalent of the improvements specified in said agreement and required to be constructed by the subdivider;

D.

Progress payments to the subdivider, or his or her order, from any deposit money which the subdivider may have made in lieu of providing a surety bond, as provided by Section 15.12.090 provided, however, that no such progress payment shall be made for more than ninety percent of the value of any installment of work, shall be completed as specified in the approval of the final map or reference therein to standard subdivision improvement specifications, as determined by the city engineer.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

15.12.090 - Improvement security.

A.

Security to be furnished by the subdividers to guarantee the performance of any act or agreement shall be in the following amounts:

1.

Surety bonds.

a.

An amount equal to one hundred percent of the total estimated cost of the improvements or of the act to be performed, conditioned upon the faithful performance of the act or agreement;

b.

An additional amount equal to fifty percent of the total estimated cost of the improvement or the performance of the required act, securing payment to the contractor, to the subcontractors, and to persons furnishing labor, materials or equipment to them for the improvements or the performance of the required act;

c.

An amount determined by the public works director equal to not less than ten percent of the total estimated cost of improvements, including labor and materials, necessary for the guarantee and warranty of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished.

2.

Deposits and set aside letters.

Deposits, as described in subsection B, 2 of this section, made directly to the city and set aside letters, as described in subsection B, 3b of this section, from a financial institution stating that funds are available for

required public improvements, shall be in the amount of sixty percent of the estimated cost of the improvements to secure faithful performance, and fifty percent of the estimated cost of the improvements to secure payment to the contractors, subcontractors, and persons furnishing labor, materials or equipment to them for the improvements or the performance of the required act.

3.

Other securities.

All other forms of securities listed in subsection B, 3a and B, 4 through 7 of this section, shall be in the amount of fifty percent of the estimated cost of the improvements to secure faithful performance of improvements and fifty percent of the estimated cost of the improvements to secure payment to the contractor, the subcontractors and persons furnishing labor, material or equipment to them for the improvements or performance of the required act.

B.

Such surety shall be one of the following at the option of and subject to the approval of the city.

1.

Bond or bonds by one or more duly authorized corporate sureties;

2.

A deposit, either with the city or a responsible escrow agent or trust company, at the option of the city, of money or negotiable bonds of the kind approved for securing deposit of public moneys;

3.

a.

An instrument of credit from one or more financial institutions subject to regulation by the state car federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter of credit issued by such a financial institution. Said instrument or letter of credit will remain in full force and effect until released by the city on acceptance of all required public improvements,

b.

If such an instrument as described in the subsection 3a of this section is to be used incrementally to pay for improvements such that the amount of the guarantee of remaining funds decreases, it shall be referred to as a set-aside letter. Said account shall be established such that no funds may be released until acceptance of the improvements and release of the funds by the city;

4.

A lien upon the property to be divided, created by contract between the owner and the city, if the city finds that it would not be in the public interest to require the installation of the required improvement sooner than two, years after recordation of the map;

5.

For a nonprofit corporation described in Government Code Section 66499(C), the security shall be in one of the forms listed herein, subject to the city's approval;

6.

An instrument of credit from a local, state or federal governmental agency if that agency finances at least twenty percent of the portion of the act or agreement requiring security;

7.

Any form of security, including security interests in real property, which is acceptable to the city.

C.

Any written contract or security interest in real property entered into as security for performance pursuant to subsection B, 4 through 7 above, shall be recorded with the county recorder of the county in which the subject real property is located. From the time of recordation of the written contract or document creating a security interest a lien shall attach to the real property particularly described therein and shall have the priority of a judgment lien in an amount necessary to complete the agreed to improvements. The recorded contract or security document shall be indexed in the Grantor Index to the names of all record owners of the real property as specified on the map and in the Grantee Index to the city.

D.

The city may at any time release all or any portion of the property subject to any lien or security interest created by this subdivision or subordinate the lien or security interest to other liens of encumbrances if it determines that security for performance is sufficiently secured by a lien on other property or that the release or subordination of the lien will not jeopardize the completion of agreed upon improvements.

E.

The city manager may make such rules and regulations for the release or reduction of the security in accordance with the conditions specified in California Government Code, Section 66499.7, and further in accordance with the rules and requirements hereinabove set forth.

(Ord. 1196 N.C.(2d) § 1 (part), 1991: Ord. 1056 N.C.(2d) § 3 (part), 1989.)

A.

If, at the time of approval of the final map by the city council, any public improvements required by the public works director pursuant to the provisions of this title or of the Subdivision Map Act have not been completed and accepted in accordance with standards established by the city council by ordinance applicable at the time of the approval or conditional approval of the tentative reap, the city council, as a condition precedent to the approval of the final map, shall require the subdivider to enter into either of the following agreements specified by the city:

1.

An agreement with the city council upon mutually agreeable terms to thereafter complete such improvements at the subdivider's expense;

2.

An agreement with the city council to thereafter do either of the following: (i) initiate and consummate proceedings under an appropriate special assessment act or the Mello-Roos Community Facilities Act of 1982 for the financing and completion of all such improvements, or (ii) if not completed under such special assessment act or the Mello-Roos Community Facilities Act of 1982, to complete such improvements at the subdivider's expense.

B.

Such standards may be adopted by reference, without posting or publishing them, if they have been printed in book or booklet form and three copies of the books and booklets have been filed for use and examination by the public in the office of the city clerk.

C.

The city council in entering into any agreement pursuant to this section, shall require that performance of such agreement be guaranteed by the security specified in Section 15.12.090 above.

(Ord. 1056 N.C.(2d) § 3 (part, 1989.)

15.12.110 - Time extension, progress payments, or bond release for improvements.

No extension of time, progress payments from cash deposits, or releases of surety bond or cash deposits shall be made except upon certification by the city manager that work covered thereby has been satisfactorily completed.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

15.12.120 - Approval process for final maps.

A.

The final map shall be submitted to the public works department. Upon submission, the public works department and the planning division shall examine said map and additional data to determine that the subdivision as shown is substantially the same as it appeared on the approved or conditionally approved tentative map and any approved alterations thereof; that all relevant provisions of the Subdivision Map Act and of this title have been met, and the map is technically correct.

B.

If the public works department or the planning division determines that full conformity therewith has not been made, the public works department or the planning division shall, within thirty days of the map submittal, advise the subdivider of the changes, additions, or amendments that must be made for such purposes and shall afford the subdivider the opportunity to make such changes, additions, or amendments.

works department or the planning division determines that full conformity therewith has not been made, the public works department or the planning division shall, within thirty days of the map submittal, advise the subdivider of the changes, additions, or amendments that must be made for such purposes and shall afford the subdivider the opportunity to make such changes, additions, or amendments.

If the changes, additions, or amendments are minor or insignificant, then the public works director and development services director shall have the authority to approve such changes. If the changes, additions, or amendments are major or significant, or if the public works director and/or development services director for any reason determines that there is some question whether the final map substantially agrees with the approved tentative map, then the matter shall be referred to the planning commission for determination.

C.

The city shall not deny approval of a final or parcel map if it has previously approved a tentative map for the proposed subdivision and if it finds that the final or parcel map is in substantial compliance with the previously approved tentative map.

D.

A final map conforming to the approved or conditionally approved tentative map, if any, may be filed with the city council for approval after all required certificates or statements on such map have been signed and, where necessary, acknowledged. The meeting at which the city council receives the map shall be the date on which the city clerk receives the map.

E.

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 if it conforms to all the requirements of the Subdivision Map Act, this title applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder, and if the final map is in substantial compliance with the approved or conditionally approved tentative map. If the map does not so conform, the city council shall disapprove the map.

F.

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 requirements and rulings, it shall be deemed approved, and the city clerk shall certify or state its approval thereon.

G.

The city council shall not postpone or refuse approval of a final map because the subdivider has failed to meet a tentative map condition which requires the subdivider to construct or install offsite improvements on land in which neither the subdivider nor the city of Vallejo has sufficient title or interest, including an easement or license, at the time the tentative or final map is filed with the city council, to permit the improvements to be made. In such cases, the city council shall, within one hundred twenty days of the filing of the final map, acquire by negotiation or commence proceedings pursuant to Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure to acquire an interest in the land which will permit the improvements to be made, including proceedings for immediate possession of the property under Article 3 (commencing with Section 1255.410) of Chapter 6 of such title. In the event the city council fails to meet the one-hundred-twenty-day time limitation, the condition for construction of offsite improvements shall be conclusively deemed to be waived. Prior to approval of the final map the city council

may require the subdivider to enter into an agreement to complete the improvements under Section 15.12.080 at such time as the city acquires an interest in the land which will permit the improvements to be made. Nothing in this section precludes the city council from requiring a subdivider to pay the cost of acquiring offsite real property interests required in connection with a subdivision. "Offsite improvements" does not include improvements necessary to assure replacement or construction for low or moderate income persons under State Health and Safety Code Section 50093.

H.

The city shall disapprove a map for failure to meet or perform any of the requirements or conditions imposed by the Subdivision Map Act or this title; provided that a final map shall be disapproved only for failure to meet or perform requirements or conditions which were applicable to the subdivision at the time of approval of the tentative map; and provided further that such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed. This section shall be waived when the failure of the map is the result of a technical and inadvertent error which does not materially affect the validity of the map.

I.

Unless otherwise provided by the county, if the final map or parcel map is not subject to Section 66493 of the Government Code, after the approval by the city of a final map of a subdivision or a parcel map, the city clerk shall transmit the map to the county recorder.

(Ord. 1368 N.C.(2d) §§ 17, 18, 1996: Ord. 1056 N.C.(2d) § 3 (part), 1989.)

15.12.130 - Correction and amendment of final maps.

A.

After a final map or parcel map is filed in the office of the county recorder, it may be amended by a certificate of correction or an amending map:

1.

To correct an error in any course or distance shown thereon;

2.

To show any course or distance that was omitted therefrom;

3.

To correct an error in the description of the real property shown on the map;

4.

To indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments;

To show the proper location or character of any monument which has been changed in location or character that originally was shown at the wrong location or incorrectly as to character;

6.

To correct any other type of map error or omission as approved by the county surveyor or public works director which does not affect any property right. Such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent record maps.

As used in this section, "error" does not include changes in courses or distances from which an error is ascertainable from the data shown on the final or parcel map.

B.

After a final map or parcel map is filed in the office of the county recorder, such recorded final map may be modified by a certificate of correction or an amending map if the city council finds that there are changes in circumstances which make any or all of the conditions of such a map no longer appropriate or necessary and that the modifications do not impose any additional burden on the present fee owner of the property, and if the modifications do not alter any right, title, or interest in the real property reflected on the recorded map, and the city council determines that the map as modified conforms to the provisions of the Subdivision Map Act and this title. Any such modification shall be set for public hearing under Government Code Section 66451.3. The city council shall confine the hearing to consideration of and action on the proposed modification.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

Chapter 15.14 - PARCEL MAPS

Sections: