33-68 Action on Final Maps | Monterey City Code

Sec. 33-68. Action on Final Maps.

1.The City Engineer shall check and certify the final map for sufficiency of affidavits, offers of dedications, improvement plans and profiles, survey data, and other information required to ensure compliance with this Chapter.

2.The Public Works Director shall check and certify the conformance of the final map to the approved tentative map, or to approved alterations.

3.If the final map and the required accompanying data are found to be in compliance with this Chapter and the approved tentative map, the City Engineer, within 30 days of the filing of a complete application, shall so certify. If the map and data are not in compliance, the City Engineer, before taking further action on the map, shall promptly notify the subdivider, who shall make all the necessary changes, additions, or corrections.

1. Approval.The City Council, at its next regular meeting after receipt of the final map from the City Engineer, shall consider said final map and, upon finding that the map conforms with all the requirements of this Chapter, shall approve said final map. If no action is taken by the City Council within such time limits, or within the time extended by mutual consent as set forth herein, the final map shall be deemed to be approved, provided that said map conforms to all the requirements herein. If the map is found not to be in conformity, it shall be disapproved and the Council shall promptly notify the subdivider the reasons therefor.

i.The final map shall be denied by the City Council 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.

ii.The City Council shall not deny the final map if it has approved a tentative map for the proposed subdivision and it finds the final map is in substantial compliance with the previously approved tentative map.

3. Acceptance of dedication and improvement agreement.At the time of the approval of the final map, the City Council also shall accept or reject any or all offers of dedication. As a condition precedent to recordation of the final map by the City Clerk, the City Council shall enter into an agreement with the subdivider requiring that he shall improve the streets, easements, and other dedications in accordance with the standard specifications of the City, unless such streets, easements and dedications have already been improved.

Said agreement shall include, but is not necessarily limited to:

i.Mutually agreeable terms to improve said dedications at the subdivider’s expense.

ii.A statement indicating the period of time, satisfactory to the City Engineer, within which the subdivider shall complete all improvement work.

iii.A provision that if the subdivider fails to complete the work within the said period of time, the City may complete the improvement work and recover the full cost and expense thereof from him or his surety.

iv.Provisions for the repair and replacement of defective material and workmanship of said improvements by the subdivider, for a period of 12 months after the Council improvement -acceptance date.

v.Provisions for the inspection of all improvements of the subdivider for period of 12 months after the Council improvement-acceptance date.

Said agreement may also provide for:

i.Construction of the improvements by units.

ii.Extension of time, under the conditions herein specified.

iii.Release or partial release of improvement security to the subdivider, for improvements installed. The total of any partial progress payments shall not exceed 90% of the value of the work installed.

c. City Clerk action.At the time of the approval of the final map and the acceptance of the dedication and improvement agreement, the City Clerk shall certify as to such approval thereon, and upon receipt of the necessary recording fee from the subdivider, shall forward the approved original map in a reproducible form to the County Recorder for recordation. The final map shall be forwarded to the County Recorder by the City Clerk within ten days of its approval or conditional approval by the City Council. No final map shall have any force or effect and no title to any property described therein shall pass until the final map is recorded. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)