DIVISION II. SUBDIVISIONS
Chapter 17.20
TENTATIVE MAPS
Sections:
17.20.015 Public hearing required.
17.20.020 Tentative map, data required and design.
17.20.030 Filing requirements.
17.20.040 Distribution of copies.
17.20.050 Action by planning commission and city council.
17.20.055 Findings for denial of a tentative subdivision map.
17.20.060 Improvement plans, all subdivisions.
17.20.065 Reversion to acreage.
17.20.070 Expiration and extensions of time.
17.20.010 Applicability.
Except as otherwise provided for in this title, the procedures set forth in this chapter shall apply to all subdivisions, parts of subdivisions or any division of land into five or more lots as prescribed under Section 17.10.020. (Ord. 3-94 §1(part), 1994).
17.20.015 Public hearing required.
A. Consideration by the planning commission and city council of any tentative map shall be at a duly noticed public hearing.
B. Notice of the place, time and date of the public hearing and a brief description of the proposed subdivision and its location shall be according to the following procedures:
1. At least ten days prior to the public hearing, notice shall be published in a newspaper of general circulation within the city;
2. Public notice conforming to the requirements of this title shall be mailed to all property owners within three hundred feet of the boundaries of the proposed subdivision;
3. A copy of the public notice shall be conspicuously posted on the site of the proposed subdivision adjacent to every public street or access way at least ten days prior to the public hearing. (Ord. 3-94 §1(part), 1994).
17.20.020 Tentative map, data required and design.
The preparation of a tentative subdivision map or maps shall comply with all applicable provision of this title and at a minimum shall include the following data:
A. Vicinity map that depicts the location of the property from nearest arterial road. This vicinity map is for directional aid only; no scale is required;
B. Name and address of record owner and subdivider;
C. Name, address and license number of licensed land surveyor, registered civil engineer or other qualified professional who prepared said tentative map;
D. Date, north point (generally, up on the map) and scale. Minimum scale, one inch equals one hundred feet for parcels more than twenty acres and one inch equals fifty feet for parcels less than twenty acres. Minimum map size eighteen inches by twenty six inches;
E. Name or number of proposed subdivision, and of all adjacent subdivisions; locations of, names and width of adjacent streets, highways, alleys and ways, and easements of all kinds, together with the type and location of street improvements including fire hydrants and street light locations;
F. The contour of the land at intervals of one foot of elevation up to five percent slope; two foot intervals up to ten percent slope and five foot intervals over ten percent slope;
G. Sufficient data to define the boundaries of the tract, or a legal description of the tract and border on reverse side of map to indicate tract boundaries. If multiple final maps are proposed, the tentative map shall show the probable boundaries of each final map;
H. Width, approximate location and purpose of all existing and proposed easements and adjacent easements adjoining such land;
I. The width, approximate grade and name of all streets, highways, alleys and other rights-of-way proposed within the subdivision;
J. The approximate radii of all curves;
K. All lots and condominium air spaces numbered consecutively by block throughout the entire development; the approximate dimensions of all lots; approximate lot areas should be shown for all lots not rectangular in shape;
L. The approximate locations of areas subject to inundation by storm water overflow, and the location, width and direction of flow of all water courses existing and proposed;
M. The location and outline to scale of each existing building or structure including underground utilities within the subdivision, noting thereon whether or not such building or structure is to be removed from or remain in the development of the subdivision, and its existing and proposed future use;
N. Show elevation of street intersections;
O. The location, pipe size and grades of proposed sewers, water line and underground storm drains, including the proposed location of fire hydrants, street lights, gas mains, power and communication lines and TV cables;
P. The location of all trees on the site over ten inches in diameter at a height of four feet from the base of the tree. Where stands of trees are located, individual trees need not be shown, but may be shown as a group;
Q. The location of existing fences, ditches, wells, pumps, cesspools, reservoirs, sewers, culverts, drain pipes, underground structures, utility lines or sand, gravel or other excavation within two hundred feet of any portion of the subdivision, noting thereon whether they are to be abandoned or used;
R. Typical street sections and details;
S. All major cross sections of all cuts and fills before and after grading to determine the scope of the work involved, including estimate of contemplated earth work;
T. If the tentative map or the final map indicates any grading which involves a removal of earthen material from the proposed subdivision, the subdivider shall show the elevations of the property by contour lines. The subdivider shall file with the tentative map a written application for grading and excavation, if any, in conformity with the provisions of this code.
Original elevations shall be indicated by solid lines not greater than five feet, and the proposed elevations shall be shown by broken lines upon completion of the grading and excavation;
U. Proposed public areas, if any. (Ord. 3-94 §1(part), 1994).
17.20.025 Statements.
Accompanying the tentative map, or on said map, shall be statements by the subdivider as follows:
A. Statement of existing zoning and existing and proposed use or uses;
B. Statement and report on soil tests by a registered geotechnical engineer as required by this title;
C. Statement as to intention of subdivider to control erosion and improvements to be constructed by him, as required by this title and any other applicable ordinances of the city;
D. Statement indicating building setback lines;
E. Proposed source of water supply and method of sewage disposal;
F. Proposed type of tree planting and landscaping including indication of any existing trees to be removed or left in place;
G. Proposed public areas to be dedicated or scenic easements proposed;
H. Type and location of street lighting proposed in conformance with the adopted standards of the city;
I. Statement as to development of lots whether for sale as lots or fully developed house and lot lease or financing purposes;
J. Preliminary title report prepared by a qualified title insurance firm;
K. Justification and reasons for any exceptions to provisions of this title;
L. The subdivider shall submit with the tentative map, a copy of a letter to each serving utility and agency requesting submission of utility easement requirements and a copy of the reply of each affected utility and agency;
M. A geological report shall be required in any area, so determined by the city engineer, where there are known geological hazards;
N. Existing conditions, restrictive reservations or covenants and any which are proposed shall be attached to the above statement;
O. A completed application form for residential building permit allocations as required Chapter 17.06;
P. Any additional information as may be deemed necessary by the community development director. (Ord. C-2015-04 §1(part), 2015; Ord. 3-94 §1(part), 1994).
17.20.030 Filing requirements.
Twenty-two copies of the tentative map and any statements or other information required by this title relating to the proposed subdivision of land shall be presented to the secretary of the planning commission at least sixty days prior to the planning commission meeting, together with a fee set by resolution of the city council. (Ord. 3-94 §1(part), 1994).
17.20.035 Date of filing.
The community development director shall review all tentative map applications and supporting information to determine whether all necessary information has been submitted. Within thirty days of receipt of any such map, the community development director shall notify the applicant indicating whether the application is complete. Any parts which are incomplete shall be specified and the manner in which they can be made complete shall be indicated. In the case of any subdivision which requires the preparation of an environmental impact report, negative declaration or is categorically exempt, no application shall be deemed complete until the final decision maker has certified the EIR or negative declaration to be adequate or the project qualifies for a categorical exemption. The date upon which notice is given to the applicant that the application is complete shall be deemed the date of filing of the application; provided that, if at any stage of processing the map, a decision maker determines that an EIR or negative declaration is required, the date of filing shall be revised to the date upon which that EIR or negative declaration is required, the date of filing shall be revised to the date upon which that EIR or negative declaration is certified by the final decision maker. (Ord. C-2015-04 §1(part), 2015; Ord. 3-94 §1(part), 1994).
17.20.040 Distribution of copies.
Upon the filing with the secretary of the planning commission of a tentative map and the requisite number of copies, copies shall be transmitted to the following departments or officers: city manager, city attorney, city planning, city engineer, building official, director of recreation and parks, police chief, city clerk (seven copies), chief of the fire protection district, the San Mateo county planning department, the regional water quality control board, if affected, and each serving utility. (Ord. 3-94 §1(part), 1994).
17.20.045 Reports.
Within a period of not more than fifteen days from the receipt of a copy of a tentative map and supporting information, each officer or department to which such copy shall have been transmitted shall file with the community development director any written comments on such tentative map showing what changes are recommended to make such map conform to the requirements of the subdivision map act and the city general plan, local coastal plan, zoning ordinance and this title, coming within the jurisdiction of such officer or department. If such comments and recommendations are not made before the expiration of the fifteen-day period, the map shall be deemed to be approved by such officer or department. (Ord. C-2015-04 §1(part), 2015; Ord. 3-94 §1(part), 1994).
17.20.050 Action by planning commission and city council.
A. The planning commission shall hold at least one public hearing on any tentative map within sixty days of the date the application is deemed complete, unless this time period is extended by mutual consent of the subdivider and the community development director. The planning commission shall be notified of any extension of time agreed upon and the reasons for the extension.
B. The planning commission shall determine whether a tentative map is in conformity with the provisions of the subdivision map act and of this title, the general plan and its elements, the local coastal plan and zoning ordinance and upon that basis approve, conditionally approve or disapprove said map, and shall report such action directly to the city council and the subdivider.
C. The city council shall set a public hearing to be no later than thirty days after planning commission action on the tentative map unless this time period is extended by mutual consent of the subdivider and the community development director or city manager. The city council shall be notified of any extension of time agreed upon and the reasons for the extension. (Ord. C-2015-04 §1(part), 2015; Ord. 3-94 §1(part), 1994).
17.20.055 Findings for denial of a tentative subdivision map.
A. The planning commission shall not forward a recommendation of approval to the city council and the city council shall deny approval of a tentative subdivision map if it makes any of the following findings:
1. That the proposed map is not consistent with the city’s general plan or its elements, the local coastal plan and any other applicable plans;
2. That the design or improvement of the proposed subdivision is not consistent with the city’s general plan or its elements, the local coastal plan or any other applicable plans;
3. That the site is not physically suitable for the type of development;
4. That the site is not physically suitable for the proposed density of development;
5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems;
7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the city council may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to one previously acquired by the public.
This subsection (A)(7) shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is granted to the city council to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision;
8. That the discharge of waste water, including sewage and storm water runoff, from the proposed subdivision would result in a violation of existing water quality requirements prescribed by the regional water quality control board.
B. A governing body shall not deny approval of a final subdivision map pursuant to this section, if it has previously approved a tentative map for the proposed subdivision, if it finds that the final map is in substantial compliance with the previously approved tentative map. (Ord. 3-94 §1(part), 1994).
17.20.060 Improvements plans, all subdivisions.
After approval by the city council of the tentative map of any subdivision, the subdivider shall furnish the following improvements plans to the secretary of the planning commission:
A. Three copies of a grading plan consisting of typical cross sections and finished grades of all lots, roads, streets and highways in the proposed new subdivision;
B. Three copies of plans and profile drawings of all streets, including sewer and drainage improvements; utilities may be shown in plan only. All tracings or duplicate tracings shall be filed with the city engineer. Three copies of final improvement plans and specifications. Scale of plans shall be one inch equals forty feet horizontally; one inch equals four feet vertical in profile, unless otherwise approved by the city engineer. Three copies of all contract construction drawings;
C. Estimated costs of all infrastructure improvements or any other conditions or approval of the subdivision. Such estimates to be verified by the city engineer;
D. Any other pertinent information required by the conditional approval of the planning commission, city council, or by the city engineer, including a soils report on previously filled areas or areas proposed to be filled; and in all street and alley rights-of-way at intervals not exceeding one thousand feet and/or any change in soil conditions. The soils report and analysis will be in accordance with methods approved by the State of California for “R” values, sieve analysis and said equivalent;
E. No final map shall be submitted for consideration of the city council until the improvement plans have been approved by the city engineer. No improvements plans shall be considered finally approved until approval of the final map by the city council. (Ord. 3-94 §1(part), 1994).
17.20.065 Reversion to acreage.
A reversion to acreage shall be accomplished in conformance with Chapter 6 of the subdivision map act. A parcel map may be filed for the purpose of reverting to acreage land previously subdivided and consisting of four or less contiguous parcels under one ownership. All maps filed for the purpose of reverting land to acreage shall be conspicuously so designated under the title “The purpose of this Map is a Reversion to Acreage.” (Ord. 3-94 §1(part), 1994).
17.20.070 Expiration and extensions of time.
A. Except as may be provided for in this title, a final map shall be submitted for processing within twenty-four months from the date of final action by the city council to approve or conditionally approve a tentative map.
B. Where the city engineer determines that a subdivider is required to expend more than one hundred twenty-five thousand dollars or more to construct or improve public improvements outside the boundaries of the tentative map that are reasonably related to the proposed development on said tentative map site, a final map shall be submitted for processing within thirty-six months from the date of final action by the city council to approve or conditionally approve a tentative map.
C. The city council may extend the expiration date of any tentative map for not more than twelve months at any one time.
D. A maximum of three such extensions permitted by subsection C of this section may be granted.
E. All actions of the city council to extend a tentative map shall be at a duly noticed public hearing in accordance with the provisions of this title. (Ord. 3-94 §1(part), 1994).