Chapter 16.12
MAJOR SUBDIVISIONS – PROCEDURE
Sections:
16.12.010 Tentative map required.
16.12.015 Application for processing.
16.12.030 Preliminary title report.
16.12.060 Supplemental information.
16.12.070 Developmental services director’s duties.
16.12.080 City council duties.
16.12.095 Required notices – Proof of notice.
16.12.100 Expiration of tentative map.
16.12.110 Extension of tentative map.
16.12.120 Revised tentative map.
16.12.130 Vesting tentative map.
16.12.010 Tentative map required.
A. Any person proposing to create a major subdivision shall file a tentative map pursuant to this chapter with the community development department. The city council shall not approve a final map unless prior thereto a tentative map of the subdivision shown thereon shall have been filed with and reported on by the city council. Prior to filing a tentative map, the subdivider or his authorized agent may confer with the director of community development and the city engineer regarding the preparation of the map. The rules and regulations adopted pursuant to SBMC 16.12.015 may make the prefiling conference mandatory. A proposed tentative map may not be filed unless it conforms to the requirements of this chapter.
B. Where a parcel map is authorized for a major subdivision pursuant to the Subdivision Map Act or this title, the city council shall not approve such map unless prior thereto, a tentative map of the subdivision shown thereon shall have been filed and approved by the city council.
C. Tentative maps shall be prepared and processed in accordance with the Subdivision Map Act and the provisions of this title. The subdivider shall file as many copies of the tentative map or other required information as the director of community development may require. (Ord. 101 Exh. A, 1989)
16.12.015 Application for processing.
A. All tentative maps shall be in the form and shall contain and be accompanied by the data specified by this title or by the rules and regulations approved by the city council.
B. The director of community development shall not accept a tentative map for processing or filing unless the director of community development finds that:
1. The requirements of the city zoning provisions have been met;
2. The tentative map is consistent with the provisions of SBMC Title 18 (Environment); and
3. That all approvals and permits required by SBMC Title 18 for the project have been given or issued.
C. Notwithstanding the provisions of subsection B of this section, a tentative map may be processed concurrently with documents, permits or approvals required by the provisions of this code regarding environmental review or zoning, if the applicant for the tentative map first waives the time limits for processing, approving, conditionally approving, or disapproving the tentative map established by this title or the Subdivision Map Act. Pursuant to the provisions of this code regarding environmental review, a tentative map may be processed but shall not be deemed filed or received until the environmental documents are completed. (Ord. 101 Exh. A, 1989)
16.12.020 Grading plan.
A grading plan showing any grading proposed for the creation of building sites within the subdivision and for construction or installation of improvements to serve the subdivision shall be filed with each tentative map. The grading plan, together with the original topographical contours, shall be shown on the tentative map or on a separate sheet accompanying the tentative map. This plan shall indicate approximate earthwork volumes of proposed excavation and filling operations. In the event no grading is proposed, a statement to that effect shall be filed with the tentative map. (Ord. 101 Exh. A, 1989)
16.12.030 Preliminary title report.
A current preliminary title report for the property being subdivided shall be filed with each tentative map. (Ord. 101 Exh. A, 1989)
16.12.040 Size of map.
The size of such tentative map shall be 18 inches by 26 inches and shall be drawn to the engineer’s scale not less than 100 feet to the inch. When necessary, as determined by the city engineer, the size of the tentative map may be larger than 18 inches by 26 inches, but in no event shall such size exceed 24 inches by 36 inches. (Ord. 101 Exh. A, 1989)
16.12.050 Information on map.
Each tentative map shall contain the following information:
A. Name and address of the owner whose property is proposed to be subdivided and the name and address of the subdivider;
B. Name and address of registered civil engineer and/or licensed surveyor who prepared the maps;
C. North point, oriented to the top or left side of sheet;
D. Scale;
E. Date of preparation;
F. The location, width and proposed names of all streets within the boundaries of the proposed subdivision and approximate grades thereof;
G. Location and width of alleys;
H. Name, location and width of adjacent streets;
I. Lot lines and approximate dimensions and numbers of each lot;
J. Location and width of watercourses (both natural and manmade), areas subject to inundation from floods and location of structures, irrigation or drainage ditches and other permanent drainage features;
K. Contours at two-foot intervals, unless topography dictates a lesser interval;
L. Location of existing buildings and permanent structures located on the subject property or within 30 feet of the subject property;
M. Location of all major vegetation, major rock outcroppings or environmentally sensitive areas, showing size and type;
N. Legal description of the exterior boundaries of the subdivisions;
O. Width and location of all existing or proposed public or private easements;
P. Classification of lots as to intended residential, commercial, industrial or other uses;
Q. Location of railroads;
R. Approximate radii of curves;
S. Proposed name and city tract number of the subdivision;
T. Any proposed phasing by units;
U. Number of units to be constructed when a common interest development is involved;
V. Proximity to city boundaries;
W. Any off-site data or information deemed necessary by the developmental services director for the review of the submitted map. (Ord. 101 Exh. A, 1989)
16.12.060 Supplemental information.
The tentative map shall show, or be accompanied by, reports and written statements from the subdivider giving essential information regarding the following matters:
A. Source of water supply;
B. Type of street improvement and utilities which the subdivider proposes to install, along with the locations of existing and proposed utility facilities;
C. Proposed method of sewage disposal, including location of facilities;
D. Proposed storm water sewers or other means of drainage, including the location of such facilities and proposed drainage patterns;
E. Protective covenants or restrictions to be recorded by the subdivider;
F. Proposed tree planting;
G. The names and addresses of all agencies, whether public or private, which will provide fire protection, school, water, sewer, cable and electrical facilities for the property being subdivided;
H. A public facilities phasing plan consistent with the city zoning provisions and the plans prepared pursuant to that chapter. (Ord. 101 Exh. A, 1989)
16.12.070 Developmental services director’s duties.
A. The director of community development or his designee shall obtain, for the city council, the recommendation of the planning director, city engineer and the fire chief, or their authorized representatives, with respect to the design of the proposed subdivision and the kind, nature and extent of the proposed improvements. Recommendations may also be obtained from neighboring cities, affected special districts, any affected school district or water district, California Coastal Commission, CalTrans, the Office of Intergovernmental Management, the State Department of Fish and Game, the Army Corps of Engineers, and any other person affected by, or interested in, the proposed subdivision, if such recommendations are found to be necessary.
B. Within 10 days after the acceptance for filing of a tentative map, the director of community development shall send notice of filing thereof with information about the location, number of units, density and any other information relevant to school districts to the governing board of any school district, water district, sewer or sanitation district, or fire district within whose boundaries the proposed subdivision is located. Such governing board shall make a written report thereon to the city indicating the impact of the proposed subdivision and its recommendations within 20 working days after said notice was mailed, or the governing board shall be deemed to have approved the proposed subdivision.
C. The director of community development shall prepare a staff report to the city council containing recommendations regarding the tentative map. A copy of the staff report and recommendations shall be furnished to the subdivider and to each tenant of the subject property in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project at least three days prior to any hearing or action on such map by the city council.
D. The director of community development shall set the map for public hearing before the city council.
E. The developmental services director may delegate the duties under this section. (Ord. 101 Exh. A, 1989)
16.12.080 City council duties.
The city council shall carry out the following actions:
A. Hold a public hearing on all tentative maps. Any interested person may appear at the hearing and be heard;
B. Investigate the design and improvements proposed for each subdivision on the tentative map filed with it and at the conclusion of the hearing on the map;
C. Approve, conditionally approve or disapprove the map:
1. Whenever the city council approves, conditionally approves or disapproves a tentative map, it shall take such action within the time limit specified in the Subdivision Map Act and shall announce its decision by resolution. Any decision to approve or conditionally approve a tentative map shall include a description, pursuant to the provisions of this title, of the kind, nature and extent of any improvements required to be constructed or installed in or to serve the subdivision. Any decision to disapprove a tentative map shall be accompanied by a finding, identifying the requirements or conditions which have not been met or performed. If the city council fails to act within the required time limit, the tentative map, as filed, shall be deemed approved, insofar as it complies with the applicable requirements of this code including, but not limited to, the provisions of this title and the provisions relating to environmental review, the general plan and zoning;
2. Whenever the city council approves or conditionally approves a tentative map, it shall also establish, pursuant to the provisions of this title, the kind, nature and extent of the improvements to be constructed or installed in or to serve the subdivision for which such tentative map is filed along with an appropriate time schedule for construction, installation or other provisions of the facilities. Improvements shall be constructed and installed in accordance with the city standards;
3. Whenever the city council approves, or conditionally approves, a tentative map providing for supplemental size of improvements, the establishment of benefit districts, the execution of reimbursement agreements or the setting of any fees under the provisions of SBMC 16.08.040 the map shall be filed with the city clerk and shall be reforwarded to the city council which shall hold a public hearing on the issue of the improvements. (Ord. 101 Exh. A, 1989)
16.12.090 Required findings.
A. A tentative map shall not be approved unless the city council finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, any applicable specific plans and any applicable zoning provisions of this code and that all zoning approvals and permits required for the project have been given or issued. Approval or conditional approval of a map may be given concurrently with any zoning approval or permit required for the project by this code.
B. A tentative map shall not be approved or conditionally approved if the city council finds any of the following:
1. That the proposed map is not consistent with applicable general and specific plans and with applicable zoning provisions of this code;
2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans and with applicable land use and zoning provisions of this code;
3. That the site is not physically suitable for the proposed type of development;
4. That the site is not physically suitable for the proposed density of development;
5. Unless an environmental impact report was prepared in respect to the project and a finding was made pursuant to Section 21081(c) of the Public Resources Code, that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report;
6. That the design of the subdivision or the type of improvements are likely to cause serious public health problems;
7. That the design of the subdivision or the type of improvements will conflict with easements of record or easements established by court judgment, 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 they find that alternate easements for access or for use will be provided and that these will be substantially equivalent to ones previously acquired by the public;
8. That all requirements of the California Environmental Quality Act (CEQA), as amended, and the environmental protection provision of this code have not been met;
9. That the proposed map fails to meet or perform any of the requirements or conditions of this title or the Subdivision Map Act;
10. In the case of conversions of residential real property to a common interest development, that all required notices and reports to tenants have not been or will not be sent as required by law; and
11. Subject to the exceptions contained in Government Code Section 66474.4, the property is subject to a contract entered into pursuant to the Land Conversion Act of 1965 (Williamson Act) and the parcels resulting from the subdivision would be too small to sustain agricultural use. The determination of ability to sustain agricultural use shall be made according to the provisions to Government Code Section 66474.4. (Ord. 101 Exh. A, 1989)
16.12.095 Required notices – Proof of notice.
A. Whenever a public hearing is required by this title, notice shall be given as provided in Government Code Section 66451.3. The community development director may prescribe greater notice if he or she deems the additional notice necessary because of the nature, scope, location, or design on improvement of the proposed subdivision.
B. Failure by any person to receive notice specified in this section shall not invalidate any action taken pursuant to this title.
C. Whenever the subdivider is required by this title or the Subdivision Map Act to give any notice, or provide any report or information to any person other than the city, the subdivider shall submit proof, sufficient to allow the city council to find that the notice has been given or the reports or information provided. Such proof may include declarations under penalty of perjury. (Ord. 101 Exh. A, 1989)
16.12.100 Expiration of tentative map.
A. The approval or conditional approval of a tentative map shall expire 24 months from the date the map was approved or conditionally approved unless it is extended pursuant to SBMC 16.12.110.
B. The time period specified in subsection A of this section, including any extension thereof, shall not include any period of time during which a development moratorium, as defined in Government Code Section 66452.6, imposed after approval of the tentative map, is in existence; provided, however, that the length of such moratorium does not exceed five years.
C. The period of time specified in subsection A of this section, including any extension thereof granted pursuant to SBMC 16.12.110, shall not include any period of time during which a lawsuit involving the approval or conditional approval of the tentative map is, or was, pending in a court of competent jurisdiction, if a stay of such time period is approved by the city council pursuant to this subsection. An application for a stay must be filed by the subdivider in writing with the director of development services within 10 days of the service on the city of the initial petition or complaint in such lawsuit. The application shall state the reasons for the requested stay and include the names and addresses of all parties to the litigation. The director of community development shall notify all parties to the litigation of the date when the application will be heard by the city council. Within 40 days after receiving such application, the city council shall approve or conditionally approve the stay for up to five years or deny the requested stay.
D. Prior to the expiration of the tentative map, a final map conforming to the approved or conditionally approved tentative map may be filed with the city council for approval if all of the following have been met:
1. All required certificates or statements on the final map have been signed and, where necessary, acknowledged;
2. The city engineer has determined that the final map conforms with the requirements of this title, the Subdivision Map Act and the tentative map and has so stated on the map; and
3. The city attorney has approved the final map as to form.
E. The final map shall be deemed filed with the city council on the date which the complete map is received by the city clerk. Once a timely and complete filing of a final map for approval by the city council has been made pursuant to this code, subsequent actions of the city, including, but not limited to, processing, approving and recording may occur after the date for expiration of the tentative map. (Ord. 101 Exh. A, 1989)
16.12.110 Extension of tentative map.
A. A tentative map for which the filing of multiple or phased final maps is not authorized may be extended as follows:
1. The subdivider may request an extension of the approved or conditionally approved tentative map by written application to the community development department. The application shall be filed not more than 90 days and not less than 30 days before the date of expiration as established by SBMC 16.12.100. The application shall state the reasons for the requested extension.
2. At any time within 60 days after the expiration of the approved or conditionally approved tentative map for which timely application for extension was filed, the city council may extend the map for a period or periods not exceeding a total of three years. The determination as to whether an extension for a longer period is warranted shall be made giving consideration to the scope of the project, the previous expenditures made by the subdivider in furtherance of the subdivision, and the effect of the extension of the map on the community. An extension shall not be granted or conditionally granted for the subdivision unless the city council finds that the design and improvements, including public facilities phasing, of the subdivision are consistent with the general plan, any applicable specific plan, this title and the provisions of city zoning. When granting or conditionally granting an extension, the city council shall also find that the subdivider is diligently pursuing those acts required to obtain a final map for the subdivision. In granting an extension, the city council may impose new conditions and may revise existing conditions. Denial of an extension shall be at the sole discretion of the city council.
B. A tentative map for which the filing of multiple or phased final maps has been authorized, may be extended as follows:
1. If the subdivider is not subject to a requirement to construct or improve, or finance the construction or improvement of public improvements outside the boundaries of the tentative map, the cost of which is $100,000 or more, as determined at the time of the tentative map approval, then the subdivider may request an extension to the provisions of subsection A of this section.
2. When the subdivider is subject to a requirement to construct or improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map, the cost of which is $100,000 or more, as determined at the time the tentative map is approved, then each filing of a final map authorized by SBMC 16.20.020(C) shall extend the expiration of the approved or conditionally approved tentative map by 36 months from the date it would otherwise have expired as provided in this section or the date of the previously filed final map, whichever is later. The total combined time for extensions under this section and subsection (B)(1) shall not exceed 10 years from the date of the approval or conditional approval of the tentative map. However, a tentative map for property subject to a development agreement authorized by the State Government Code and city implementing ordinance may be extended for the period of time provided for in the agreement but not beyond the duration of the agreement. “Public improvements” include traffic controls, roads, streets, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities. The provisions of this subsection shall be the sole method for extending maps for which multiple or phased final maps may be filed. Improvements on the boundaries of the subdivision shall not be considered to be outside the subdivision.
C. Extensions of vesting tentative maps shall be governed solely by the provisions of Chapter 16.17 SBMC and by the provisions of subsection (B)(2) of this section. (Ord. 101 Exh. A, 1989)
16.12.120 Revised tentative map.
A. Where a subdivider desires to revise or alter a proposed subdivision for which a tentative map has previously been approved, the subdivider may file with the community development department a revised tentative map subject to payment of the required fees.
B. A revised tentative map shall conform to the following requirements:
1. The proposed subdivision shown on such map shall include only one contiguous area consisting of all or a portion of the subdivision shown on the approved tentative map together with such additional land, if any, as the subdivider desires to include.
2. The map shall contain all of the information required on tentative maps and shall be accompanied by such data as is required to be filed with tentative maps.
C. A revised tentative map shall be filed within 18 months after the approval of the tentative map by the city council or, if an extension of time is granted, within the period specified in such extension.
D. Upon the filing of a revised tentative map and payment of the prescribed fee, such revised tentative map shall be treated in all respects as an original tentative map and shall be processed, approved, conditionally approved or disapproved in the same manner as a tentative map. Upon approval of a revised tentative map, the subdivider shall have 18 months from the approval or conditional approval of the revised tentative map within which to obtain the final map. Approval of a revised map shall void the prior map. (Ord. 101 Exh. A, 1989)
16.12.130 Vesting tentative map.
The vesting tentative map may be filed and processed in the same manner and subject to the same requirements as a tentative map except as provided in this chapter and Chapter 16.17 SBMC. (Ord. 101 Exh. A, 1989)