Modesto |
Code of Ordinances |
Title 4. PUBLIC WELFARE, SAFETY AND HEALTH |
Chapter 4. SUBDIVISION OF LAND |
Article 6. Final Map |
§ 4-4.601. Filing.
(a)
(1)
Filing Within Twenty-Four Months of Tentative Approval. The subdivider or his/her agent may file a final map within twenty-four (24) months after the approval or conditional approval of the tentative map. A map shall be deemed to be filed when it is accepted by the City as being in compliance with the provisions of this chapter and in substantial compliance with the tentative map. The twenty-four (24) month period shall not include any days during which the final map is being reviewed by the City. Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the Planning Commission may extend the time for filing a final map for a period or periods not exceeding three (3) years if it determines that conditions affecting the subdivision have not substantially changed. In any case where a final map has not been filed within twenty-four (24) months or such extended period of time as may be granted by the Planning Commission, approval of a new tentative map shall be required.
If a subdivider's application for an extension of time for filing a final map is denied by the Planning Commission, the subdivider may appeal to the City Council within fifteen (15) days after the Planning Commission has denied the time extension. The City Council shall hear such appeal in accordance with the provisions of Section 4-4.404(f) of this chapter. Effective until July 11, 2002 and after July 10, 2003.
(2)
Filing Within Twenty-Four Months of Tentative Approval. The subdivider or his/her agent may file a final map within twenty-four (24) months after the approval or conditional approval of the tentative map. A map shall be deemed to be filed when it is accepted by the City as being in compliance with the provisions of this chapter and in substantial compliance with the tentative map. The twenty-four (24) month period shall not include any days during which the final map is being reviewed by the City. Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the City Council may extend the time for filing a final map for a period or periods not exceeding three (3) years if it determines that conditions affecting the subdivision have not substantially changed. In any case where a final map has not been filed within twenty-four (24) months or such extended period of time as may be granted by the City Council, approval of a new tentative map shall be required. This subsection 4-4.601(a)(2) shall remain in effect and shall supersede subsection 4-4.601(a)(1) only until July 10, 2003, and as of that date is repealed unless extended or amended by a later enacted ordinance.
(b)
Fees. A tracing of the final map shall be filed with the Public Works Director. The subdivider shall deposit with the City the County Recorder's fee for recording the final map and shall pay to the City the fees for checking the map. The subdivider shall also pay at that time all other fees required by law to be paid in connection with the approval of a subdivision.
(c)
Filing of Traverse Sheets. At the time of the filing of final map with the Public Works Director, the subdivider shall also file therewith traverse sheets showing traverse closures and the computation of all distances, angles, and course shown on the final map. The traverse of the boundaries of the tract and of lots and blocks shall close within a limit of error of one (1) in ten thousand (10,000).
(d)
Report and Guarantee of Clear Title. The final map shall be accompanied by a report prepared by a duly authorized title company naming the persons whose consent is necessary to the preparation and recordation of said map and to the 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 said subdivision. At the time of recording the approved map, there shall be filed with the County Recorder a guarantee executed by a duly authorized title company for the benefit and protection of the City showing that persons (naming them) consenting to the preparation and recordation of said map and offering for dedication the streets, alleys and other public places shown thereon are all the persons necessary to pass clear title to said subdivision and the dedication shown thereon.
(Ord. 1041-N.S., amended by Ord. 909-C.S., Ord. 993-C.S., Ord. 1015-C.S., Ord. 1254-C.S., Ord. 1436-C.S., Ord. 1437-C.S., Ord. 1637-C.S., Ord. 2117-C.S., § 1, Ord. 2156-C.S., § 1, Ord. 2662-C.S., § 1, Ord. 3128-C.S., § 4, Ord. 3262-C.S., § 1, and Ord. 3364-C.S., § 3, effective 12-9-04)