Division 4 — TREASURE ISLAND AND YERBA BUENA ISLAND SUBDIVISI

Source: codelibrary.amlegal.com

[ARTICLE 1: GENERAL PROVISIONS]*

This Chapter1 shall be known as the "Subdivision Code of the City and County of San Francisco for Treasure Island and Yerba Buena Island" (hereinafter referred to as this "Code") and applies only to the areas designated in the Development Agreement between the City and County of San Francisco and Treasure Island Community Development, LLC Relative to Naval Station Treasure Island (the "Development Agreement") as the Project Site (hereinafter referred to as the "Treasure Island and Yerba Buena Island Project Site"). (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011) CODIFICATION NOTE

1. So in Ord. 99-11; should be "Division."

(a) This Code is adopted pursuant to the Subdivision Map Act of California, Title 7, Division 2 of the Government Code, commencing with Section 66410 (hereinafter referred to as "SMA").

(b) Any amendments to SMA, adopted subsequent to the effective date of this Code, shall not invalidate any provisions of this Code, except to the extent that such amendments are inconsistent with the Code.

(c) Subject to the procedures and requirements for development in the Treasure Island and Yerba Buena Island Project Site set forth in the Project Documents, as defined herein, this Code shall govern in relation to all other City Regulations to the extent such regulations are inconsistent. Except as required by the SMA, in the event of any inconsistency or conflict between the provisions of this Code and the Project Documents, the Project Documents shall control. All applications for Tentative Maps, Vesting Tentative Maps, Parcel Maps and Final Maps shall be consistent with the Project Documents and City Regulations.

(d) This Code and the regulations adopted pursuant to this Code shall apply to all subdivisions hereafter made within the Treasure Island and Yerba Buena Island Project Site. At any time after the termination of the Development Agreement, the Board of Supervisors by Ordinance, may take action to repeal this Subdivision Code. Upon repeal, all the subdivisions in the Treasure Island and Yerba Buena Island Development Project Site shall be governed by the San Francisco Subdivision Code and applicable regulations unless otherwise specified. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) This Code is enacted to establish procedures and requirements for the control and approval of subdivision development within the Treasure Island and Yerba Buena Island Project Site of the City and County of San Francisco in accordance with SMA, the Project Documents.

(b) This Code is enacted to accomplish the following purposes in accordance with the procedures and requirements for the control and approval of development of the Treasure Island and Yerba Buena Island as set forth in the Project Documents:

(1) To provide policies, standards, requirements, and procedures to regulate and control the design and improvement of all subdivisions within the Treasure Island and Yerba Buena Island Project Site, and to ensure that all subdivisions are built to City standards consistent with the Project Documents and City Regulations;

(2) To assist in implementing the objectives, policies, and programs of the General Plan by ensuring that all proposed subdivisions, together with the provisions for their design and improvement, are consistent with the General Plan of the City;

(3) To preserve and protect, to the maximum extent possible, the unique and valuable natural resources and amenities of the City's environment, including topographic and geologic features, open space lands, waterfront recreational areas, fish and wildlife habitats, historical and cultural places, and scenic vistas and attractions; and, to maximize the public's access to and enjoyment of such resources and amenities through the dedication or continuance of applicable easements thereto;

• (4) To relate land use intensity and population density to street capacity and traffic access, the slope of the natural terrain, and the availability of public facilities and utilities and open space;

• (5) To provide lots of sufficient size and appropriate design for the purposes for which they are to be used;

• (6) To provide streets of adequate capacity and design for anticipated uses and to ensure maximum safety for pedestrians and vehicles;

• (7) To ensure adequate access to each building parcel;

• (8) To provide sidewalks, and where needed, pedestrian ways, bicycle paths, hiking paths, and jogging trails for the safety, convenience, and enjoyment of the residents of new developments;

• (9) To provide adequate systems of water supply, sanitary sewage disposal, storm drainage, street lighting,

Transportation Infrastructure, and other utilities needed for the public health, safety and convenience;

• (10) To provide adequate sites for public facilities needed to serve the residents of new developments;

• (11) To ensure that land is subdivided in a manner that will promote the public health, safety, convenience, and general welfare in conformance with the Project Documents and City Regulations.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

• (a) This Code supplements the SMA, prescribing rules, regulations and procedures authorized therein.

• (b) The necessity for Tentative Maps, Final Maps and Parcel Maps shall be governed by this Section and the SMA.

• (c) For subdivisions creating five or more parcels or units, the following Maps shall be required pursuant to this Code and the SMA.

• (1) A Tentative Map and a Final Map shall be required for all such subdivisions except those coming within the exceptions set forth in Section 66426 of the SMA.

• (2) A Tentative Map and a Parcel Map shall be required for all subdivisions coming within the exceptions set forth in Section 66426 of the SMA.

(d) For subdivisions creating fewer than five parcels or units, no Tentative Map shall be required except as provided in Section 1733.1(a) for Vesting Tentative Maps and except where the Director deems a Tentative Map would be appropriate and the applicable City Regulations for the subject property would permit development at a density such that the subject property, or any portion thereof, may be resubdivided in a manner which would ultimately permit five or more parcels on the subject property. In all other subdivisions creating fewer than five parcels or units, a Parcel Map containing the information specified by Section 1758 of this Code and the SMA shall be required. Said Parcel

Map shall be filed with the Director and recorded according to the procedure set forth in Sections 1758 through 1763 of this Code.

(e) No Tentative Map, Final Map or Parcel Map shall be required for those specific types of subdivisions exempted by Sections 66412 and 66428 of the SMA; provided, however, that with respect to subdivisions described in Subsection (h) of Section 66412 of the SMA, certification pursuant to the provisions of Section 1397 of the City's Subdivision Code must be obtained.

(f) The Director may waive the requirement of a Parcel Map for any improved or unimproved land shown on the latest equalized County assessment roll as contiguous units or parcels where the units or parcels have been subdivided legally and comply with the requirements as to lot width and area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability and environmental protection.

(g) Nothing herein shall preclude the approval and filing of Subdivision Maps for purposes of financing and conveyancing only as provided in Section 1712.1.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) It is unlawful for any person, firm, corporation, partnership or association to offer or contract to sell, lease, finance, or construct any building for sale, lease or financing on any parcel or parcels of real property for which a Final Map or a Parcel Map is required unless and until a Final Map or Parcel Map in full compliance with the provisions of this Code and the SMA, has been duly recorded in the office of the Recorder of the City and County of San Francisco. This Section does not prohibit an offer or contract to sell, lease, or finance any parcel or parcels of real property where the sale, lease or financing is expressly conditioned upon the filing, approval and recordation of a Final or Parcel Map, where the SMA otherwise allows an offer or contract to sell, lease, or finance, or where the SMA is inapplicable.

(b) All departments, officials and public employees of the City, City Agencies or the agency vested with the duty or authority to approve or issue permits, shall act consistent with the provisions of this Code the Project Documents and City Regulations, and shall neither approve nor issue any permit or license for use, construction, or purpose in conflict with the provisions of this Code, the Project Documents or City Regulations. Any such permit or license issued in conflict with the provisions of this Code, the Project Documents or the City Regulations shall be null and void. No conditions shall be imposed on or in connection with Tentative Maps, Vesting Tentative Maps, Parcel Maps or Final Maps, including improvements plans and Improvement Agreements, that conflict with the Project Documents or City Regulations.

(c) Any Subdivider, agent of a Subdivider, successor in interest of a Subdivider, tenant, purchaser, builder, contractor or other person who violates any of the provisions of this Code or any conditions imposed pursuant to this Code, or who knowingly submits incorrect information to endeavor to mislead or misdirect efforts by City Agencies in the administration of this Code, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $2,000 or be imprisoned for a period not exceeding six months or be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

(d) The Director shall have the authority to enforce this Code against violations thereof in accordance with Chapter 7, Sections 66499.30 et seq. of the SMA. The City shall not issue a permit or grant any approval necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of this Code or the SMA if it finds that development of the real property is contrary to the public health, safety or welfare. The authority to deny a permit or approval shall apply whether the Applicant was the owner of the real property at the

r grant any approval necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of this Code or the SMA if it finds that development of the real property is contrary to the public health, safety or welfare. The authority to deny a permit or approval shall apply whether the Applicant was the owner of the real property at the

time of the violation or whether the Applicant is the current owner of the real property, with or without actual or constructive knowledge of the violation at the time of the acquisition of interest in the real property. Whenever the City has knowledge that property has been divided in violation of the provisions of the SMA or this Code, the Director shall process a notice of violation and meet and confer with the owner pursuant to SMA Section 66499.36. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) If any Article, Section, subsection, paragraph, sentence, clause or phrase of this Code, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, or other competent agency, such decisions shall not affect the validity or effectiveness of the remaining portions of this Code or any part thereof. The Board of Supervisors hereby declares that it would have passed each Article, Section, subsection, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more Articles, Sections, subsections, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective.

(b) If the application of any provision or provisions of this Code to any person, property or circumstances is found to be unconstitutional, invalid or ineffective in whole or in part by any court of competent jurisdiction, or other competent agency, the effect of such decision shall be limited to the person, property or circumstances immediately involved in the controversy and the application of any such provisions to other persons, properties and circumstances shall not be affected.

(c) This Section shall apply to this Code as it now exists and as it may exist in the future, including all modifications thereof and additions and amendments thereto.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

[ARTICLE 2: DEFINITIONS]*

Officials and agencies referred to in this Code and in the SMA are officials and agencies of the City and County of San Francisco and TIDA, unless the contrary is either stated or implied. Capitalized terms unless separately defined in this Code have the meanings and content set forth in the Project Documents.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

• (a) "Advisory Agency" means the Director of the City Department of Public Works.

• (b) "Application Packet" means the Tentative Map together with all documents, statements and other materials that are required as attachments thereto.

• (c) "Bureau of Engineering" means the City Bureau of Engineering of the Department of Public Works.

• (d) "City Agencies" mean the City and, where appropriate, all city departments, agencies, boards, commissions, and bureaus with subdivision or other permit, entitlement, review or approval authority or jurisdiction over any major phase or project within the Treasure Island and Yerba Buena Island Project Site or any portion thereof.

(e) "City Regulations" mean ordinances, resolutions, initiatives, rules, regulations, and other official City and TIDA policies applicable to and governing the overall design, construction, fees, use, or other aspects of development within the Treasure Island and Yerba Buena Island Project Site to the extent applicable pursuant to the Project Documents, which City Regulations shall include, without limitation, this Code and the Subdivision Regulations adopted hereunder.

• (f) "City" means the City and County of San Francisco.

• (g) "Clerk" means the Clerk of the Board of Supervisors for the City.

• (h) "Code" means this Treasure Island and Yerba Buena Island Subdivision Code.

• (i) "County Surveyor," "County Engineer" and "City Engineer" mean the Director and his or her staff.

• (j) "County," "City," "City and County," "Municipality" and "Local Agency" mean the City and County of San Francisco.

• (k) "Department of Building Inspection" and "DBI" mean the City Department of Building Inspection.

• (l) "Department of Public Works" means the City Department of Public Works.

• (m) "Design for Development" means the Treasure Island and Yerba Buena Island Design for Development, adopted by the Planning Commission and TIDA, as amended from time to time.

• (n) "Development Agreement" means that certain Development Agreement between the City and County of San Francisco and Treasure Island Community Development, LLC Relative to Naval Station Treasure Island, on file with the Clerk of the Board of Supervisors in File No. 110226, as it may be amended from time to time.

• (o) "Director" means the Director of the City Department of Public Works.

• (p) "DDA" means the Disposition and Development Agreement entered into between TIDA and Treasure Island Community Development, LLC, on file with the Clerk of the Board of Supervisors in File No. 110291.

• (q) "Final Map" means a map prepared in accordance with Chapter 2, Article 2 of the SMA and this Code, which map is designed to be placed on record in the office of the Recorder.

• (r) "General Plan" means the City's General Plan, including the Treasure Island / Yerba Buena Island Area Plan, an area plan of the City's General Plan.

• (s) "Governing Body," "Legislative Body" and "Board" mean the City Board of Supervisors.

(t) "Government Agencies" mean State, federal, regional or local governmental agencies, other than City Agencies, having or claiming jurisdiction over all or portions of the Treasure Island and Yerba Buena Island Project Site or aspects of its development.

• (u) "Improvement Plan" means an engineering plan or a set of engineering plans showing the location and construction details of improvements.

• (v) "Parcel Map" means a map prepared in accordance with Chapter 2, Article 3 of the SMA and this Code, which map is designed to be placed on record in the office of the Recorder.

• (w) "Planning Department" means the City Department of Planning.

• (x) "Planning Director" means the City Director of Planning.

• (y) "Project" means the project as defined in the Development Agreement.

(z) "Project Documents" mean the Project, the Development Agreement, the Treasure Island and Yerba Buena Island Special Use District and Design for Development, the DDA, and their respective implementing documents, including without limitation, the Infrastructure Plan, Design Review and Document Approval Procedure, Interagency Cooperation Agreement and Vertical DDAs.

(aa) "Public Improvement" means all improvements required pursuant to Article 51 of this Code, the Project Documents, City Regulations and any additional improvements for the benefit of the public required as a condition of approval of a Tentative Map, consistent with the Project Documents and City Regulations.

(bb) "Standard Specifications" mean the 1986 Standard Plans and 1987 Standard Specifications of the Department of Public Works, Bureau of Engineering, including any modifications thereof as set forth in the Subdivision Regulations.

(cc) "Subdivider" or "Applicant" mean the owner of real property, or the owner's authorized agent or representative, who applies for, or obtains, approval to subdivide such real property.

(dd) Subdivision" means, in accordance with Government Code Section 66424 and subject to the exclusions described in the SMA, including Government Code Section 66412, the division of any improved or unimproved land, shown on the latest equalized County assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. Subdivision includes a condominium project, as defined in Section 1351(f) of the California Civil Code or a community apartment project, as defined in Section 1351(d) of the California Civil Code. Any conveyance of land to a governmental agency, public entity, public utility or subsidiary of a public utility for rights-of-way shall not be considered a division of land for purposes of computing the number of lots. Subdivision does not include a lot line adjustment.

• (ee) "Subdivision Code" means the City's Subdivision Code.

(ff) "Subdivision Regulations" means regulations adopted by the Department of Public Works pursuant to Section 1711 hereof, as needed to implement and supplement this Code in accordance with the SMA, this Code, and the Project Documents.

(gg) "Tentative Map" means a map made for the purpose of showing the design of a proposed subdivision and the existing conditions in and around it; such a map need not be based upon an accurate or detailed final survey of the property.

(hh) "TIDA" means the Treasure Island Development Authority, acting by and through its Executive Director, unless expressly stated otherwise.

(ii) "Transportation Infrastructure" means all improvements and technology necessary for the provision and maintenance of transportation and public transit services that are under the jurisdiction of the San Francisco Municipal Transportation Agency ("SFMTA"), including but not limited to: vehicular traffic and transit signaling and signs; pedestrian traffic controls; overhead traction power cabling and supports, street lighting supports; wayside control and

communication systems and devices; electrical substations, junction boxes, underground conduits and duct banks; transit stops; operator restrooms; street and curb striping; and parking meters and other parking control devices. All elements of Transportation Infrastructure are Public Improvements.

• (jj) "Treasure Island and Yerba Buena Island Project Site" means all of the Project Site as described in the Development Agreement.

• (kk) "Vertical DDA" means any Vertical DDA or Vertical LDDA as contemplated under the DDA.

(ll) "Vesting Tentative Map" shall mean a tentative map which has been filed, processed and approved in accordance with the Vesting Tentative Map Statute, Government Code Sections 66498.1 et seq. , and this Code and which shall have at the time of filing printed conspicuously on its face the words "Vesting Tentative Map."

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

CODIFICATION NOTE

1. The enacting ordinance for this Division (Ord. 99-11) does not include Article designations; see the Codification Note

CODIFICATION NOTE

This Division 4 of the Subdivision Code was enacted by Ord. 99-11, effective 7/15/2011. The enacting ordinance does not divide the sections of the Division into Articles. The omission of Article designations appears to have been an oversight, as there are several references within the Division to its "Articles." Accordingly, Article designations have been added as deemed appropriate by the codifier (using the organization of Division 3 as a guide). The user should note, therefore, that all Article designations in this Division are unofficial .

at the beginning of this Division. For provisions regarding required improvements, see Secs. 1745 through 1751.2.

[ARTICLE 3: GENERAL PROCEDURAL PROVISIONS]*

• (a) The Director is the Advisory Agency for all purposes hereunder and under the SMA.

(b) All maps, plans and reports required by this Code shall be filed with the Director. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) The Director, with the assistance of other City Agencies, shall prepare and publish the Treasure Island and Yerba Buena Island Subdivision Regulations ("Subdivision Regulations") needed to implement and supplement this Code in accordance with the SMA, this Code, the Project Documents and City Regulations. Subdivision Regulations may be adopted to apply to all or part of the Treasure Island and Yerba Buena Development Project Site.

(b) Such Subdivision Regulations shall be adopted or amended by the Director after holding a public hearing. Prior to the decision of the Director to amend or adopt the Subdivision Regulations, TIDA shall find such regulations consistent with the DDA.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) Upon written application by the Subdivider, the Director, subject to the SMA, may authorize exceptions, waivers or deferrals to any of the requirements set forth in this Code and in the Subdivision Regulations.

(b) Before granting any such exception, waiver, or deferral, in whole or in part, the Director must find:

(1) That the application of certain provisions of this Code or the Subdivision Regulations would result in practical difficulties or unnecessary hardships affecting the property inconsistent with the general purpose and intent of the Project Document and City Regulations;

(2) That the granting of the exception, waiver, or deferral will not be materially detrimental to the public welfare or injurious to other property in the area in which said property is situated; and

(3) That the granting of such exception, waiver, or deferral will not be contrary to the Project Documents or City Regulations.

(c) In granting any such exception, waiver, or deferral, the Director shall designate the conditions under which the exception is granted.

(d) The Director shall not grant any exceptions in violation of the SMA.

(e) The standards and requirements of this Code and the Subdivision Regulations shall, where necessary, be modified by the Director where the Director finds such modifications are necessary to assure conformity to and achievement of the standards and goals of the applicable Project Documents.

(f) If the Director elects to hold a public hearing with respect to an application for exception, waiver, or deferral, the Director shall give notice not less than 10 days and no more than 15 days prior to the hearing date as provided in Subsection (a) of Section 1713.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) The Director shall give notice in the following manner for each application for a Tentative Map or for a Parcel Map for which a Tentative Map is not required, and an application for an exception, waiver, or deferral filed pursuant to Section 1712 if the Director elects to hold a hearing under Section 1712(f).

(1) Notice of the Director's receipt of an application shall be published in at least one newspaper of general circulation within the City and County of San Francisco.

(2) Notice of the Director's receipt of the application shall be mailed or delivered to each local agency expected to provide or approve water, sewage, streets, roads, schools, or other essential facilities or services to the project,

whose ability to provide those facilities and services may be significantly affected.

(3) Notice of the Director's receipt of the application shall be mailed or delivered to any person who has filed a written request for notice with the Director's office.

(b) If the Director is required or elects to hold a public hearing with respect to an application, he or she shall give notice not less than 10 days prior to the hearing date as provided in Subsection (a) of this Section, including providing notice to any person that requested a hearing. No public hearing shall be held until after Government Agencies' and City Agencies' comments are received or the time period for receiving such comments has run, whichever occurs first, and the Director has provided a written report in accordance with Section 1729.

(c) All applications for a Tentative Map, or for a Parcel Map for which a Tentative Map is not required, shall include, in addition to all other information required:

(1) A list of the names, assessor's lot and block numbers and mailing addresses of all those shown in the last equalized assessment roll as owning property within 300 feet of the property proposed to be subdivided.

(2) A 300-foot radius map delineating all the properties described in Subsection (c)(1).

(3) One set of stamped envelopes preaddressed to each of the listed property owners, suitable for mailing notice of any hearing or appeal thereon. Blank Department of Public Works envelopes will be furnished to a proposed Subdivider on request. Unused envelopes will be returned to the proposed Subdivider on request.

(d) Any Department of Public Works hearing required or permitted by this Code may, at the discretion of the Director, be held jointly with the Planning Department. The provisions of this Section shall be superseded by those of any amendment to California Government Code Sections 65090 or 65091, or by any provision of the SMA, should the amended provisions require additional notice.

(e) Applications for Tentative and Parcel Maps shall be processed in compliance with the Project Documents, City Regulations, California Government Code Sections 65920 to 65963.1 and any applicable Government Code Section amendments.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) The proposed Subdivider, or any person, may appeal to the Board from a final decision of the Director approving, conditionally approving, or disapproving a Tentative Map, or a Parcel Map for which a Tentative Map is not required. Any such appeal must be filed in writing with the Clerk of the Board within 10 days of the date of the decision appealed, and must be accompanied by the fee specified in this Code.

(b) The Director shall mail or deliver to the proposed Subdivider, and any person who owns property within 300 feet of a proposed subdivision, notice of: (1) his or her decision, and the findings in support of such decision, on any Tentative Map, or Parcel Map for which a Tentative Map is not required, and of any conditions which may have been incorporated in a conditional approval; (2) the right to appeal the Director's decision; and (3) the availability for examination of the Director's report.

(c) With respect to appeals under this Section, the Board shall schedule a hearing on the appeal to be held within 30 days after the appeal has been filed, and shall give notice as provided in Section 1713(a), and to the persons entitled to notice of the Director's decision under Section 1714(b).

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) Fees, payable to the Department of Public Works, shall be charged for checking and processing all maps, plans and reports, including all condominium maps and Parcel Maps, filed under this Code. Said fees shall consist of an initial payment in accordance with the estimated actual cost of checking the maps, plans and reports, together with

investigations incidental thereto, and shall be paid before or at the time of filing a Tentative Map or a Parcel Map. Where initial payment is insufficient to compensate the actual cost incurred, an additional sum shall be charged to equal such actual cost. Fees for Parcel Maps, excepting condominium maps, which do not require the filing of a Tentative Map, and which do not involve street dedications or improvements, and for Parcel Map waivers shall be charged for checking and for processing in accordance with the City's Subdivision Code. All such fees for Parcel Maps shall be paid at time of filing. Fees based on the actual cost of processing shall be charged to (1) the person requesting a certificate of compliance for processing and making a determination on the request, (2) the owner of the property who files a petition for initiating reversion to acreage proceedings for processing the petition and (3) the Subdivider for checking, processing and recording an amended map or certificate of correction.

(b) A fee of $250 shall be charged to the appellant to defray costs of an appeal under Section 1714 of this Code. (c) Payment of fees charged under this Code does not waive the fee requirements of other ordinances and rules and regulations pursuant thereto.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

[ARTICLE 4: TENTATIVE MAPS]*

Prior to filing a Tentative Map, the Subdivider may elect to submit to the Director preliminary maps, plans and other data concerning a proposed subdivision. Within 14 days after the receipt of said material, the Director will hold a conference with the Subdivider, Planning Department and any other interested agencies, including TIDA, to discuss the proposed subdivision. This procedure is optional and does not waive the requirements for filing a Tentative Map. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

The initial action in connection with the making of any subdivision for which a Tentative Map is required shall be the preparation of the Application Packet, Section 1722, and with respect to Vesting Tentative Maps Sections 1733.1 and 1733.2, of this Code and the Subdivision Regulations adopted thereunder cover the preparation of the component parts of said Application Packet.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) The Tentative Map shall be prepared by a qualified and duly licensed professional land surveyor or civil engineer.

(b) The Tentative Map shall contain the following data, as appropriate, in sufficient detail to enable the Director and other agencies to evaluate the proposed subdivision:

• (1) Title, as required by the Subdivision Regulations;

• (2) Explanatory notes, as required by this Code and the Subdivision Regulations; and

(3) Topographic map of the proposed subdivision and adjacent lands showing the existing conditions and the proposed changes, as required by the Subdivision Regulations.

(c) The Tentative Map shall conform to the Subdivision Regulations regarding format and contents. The Director, for Transfer Maps and where otherwise appropriate in accordance with the Subdivision Regulations, may waive or defer Tentative Map requirements or may authorize deletion or reduction of any Tentative Map requirements not required by the SMA on the determination that the Tentative Map contains sufficient information to be evaluated adequately and preparing it in the prescribed form would impose a hardship upon the Subdivider. Where requirements are waived or deferred, appropriate conditions may be included on the Tentative Map for providing such waived or deferred requirements.

(d) The Tentative Map shall be accompanied by the following documents, as provided in the Subdivision Regulations:

• (1) Statement . A written statement shall contain the following information:

• (i) Existing use or uses of the property, including whether or not there are existing tenancies and the conditions and terms thereof;

(ii) Description of the proposed subdivision, including, if known, the number of lots or units, their sizes and intended uses, nature of the development, and the total area of the development represented by each use;

(iii) Any improvements proposed to be constructed or installed including the source of water supply and the sewage disposal proposed, and the tentative schedule for the start and completion thereof;

• (iv) Whether the Subdivider intends to file a Final Map or a Parcel Map;

• (v) Description of exceptions or waivers that are requested; and

• (vi) If the Subdivider plans to file multiple Final Maps on portions of the area covered by the Tentative Map, the Subdivider shall submit a written notice to this effect.

(2) Environmental Evaluation Data. Data shall be supplied on the appropriate Planning Department forms for an environmental evaluation or in appropriate format when necessary to satisfy requirements for environmental review under the California Environmental Quality Act.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

• (a) The Application Packet, together with the initial fee payment, shall be filed with the Director.

• (b) The date of filing shall be the date when a complete Application Packet has been accepted by the Director.

(c) The Director shall determine whether an Application Packet is complete and notify the Subdivider within 30 days of the date of the submittal of the Application Packet. If the Director determines that the Application Packet is not complete, the notice to the Subdivider shall list all of the information necessary to comprise a complete application. Without limiting the foregoing, an Application Packet shall not be determined to be complete unless and until there has been a major phase approval given by TIDA under the DDA that covers the property that is the subject of the Application Packet.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

Within three working days after a complete Application Packet has been filed with the Director, the Director shall forward copies to TIDA, the Planning Department, the Bureau of Engineering, the Department of Building Inspection, the SFMTA, the Public Utilities Commission, the City Attorney and other appropriate Government Agencies and City Agencies for their review.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) The time limit for Government Agencies and City Agencies review shall be 30 days from the date the Director determines that an Application Packet is complete.

(b) The time limit for Government Agencies and City Agencies review may be extended by mutual consent of the Subdivider and the Director.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

Each reviewing agency shall report, in writing, to the Director its findings on and recommendation for approval, conditional approval or denial of an Application Packet subject to and in accordance with the SMA, the Project Documents and City Regulations. The Subdivider may request from the Director, and shall be provided with, any or all copies of such findings and recommendations. The Planning Department's report shall include a finding on consistency with the General Plan. TIDA's report shall include a finding of consistency with the DDA and any applicable Vertical DDA.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

No later than five days after expiration of the review time limits set forth in Section 1726, the Director at his or her discretion may hold a subdivision conference to discuss the map application, unless the Subdivider has requested a conference or has filed a notice of intent to file multiple Final Maps, in which case the conference is mandatory. Written notice of such conference shall be sent to the Subdivider, and to all agencies that will be submitting or have already submitted a report on the Application Packet.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) Whenever a subdivision conference is held, the Director shall prepare a written report on the findings or recommendations discussed in the conference, attaching thereto copies of the reports from, or comments made at the subdivision conference by, other agencies. A copy of said report shall be sent to each participant in the subdivision conference. Said report shall be prepared by the Director within five working days after the subdivision conference but in no event less than five days prior to any public hearing on the subject map.

(b) Whenever a public hearing is required or the Director elects to hold a public hearing, the Director shall provide to the Subdivider the Director's report or recommended findings and the findings and recommendations received from the reviewing agencies. Said information or report shall be submitted within five working days after expiration of the review time limits. Said information or report shall be made available to the public prior to the public hearing. In the event a subdivision conference is required, a public hearing shall be held after such conference, no earlier than five days following preparation of the Director's report thereon, and within the time periods set forth in the SMA. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) Conditions on approval of a Tentative Map, Vesting Tentative Map, or Parcel Map, or Improvement Plans or Improvement Agreement may relate wholly or in part to any improvements or structures required pursuant to the Project Documents, City Regulations or which may be constructed within, or associated with, the subdivision, as well as to the subdivision itself.

(b) Subject to Section 1712.1, conditions may be required to be fulfilled before or after such filing of the related Final or Parcel Map. Where such conditions are to be fulfilled after filing of the related Final Map, the Subdivider shall, where appropriate, enter into an Improvement Agreement and furnish security for compliance with those conditions including, but not limited to, security satisfying the requirements of California Government Code Section 66499, pursuant to the provisions of Article 6 *

CODIFICATION NOTE

This Division 4 of the Subdivision Code was enacted by Ord. 99-11, effective 7/15/2011. The enacting ordinance does not divide the sections of the Division into Articles. The omission of Article designations appears to have been an oversight, as there are several references within the Division to its "Articles." Accordingly, Article designations have been added as deemed appropriate by the codifier (using the organization of Division 3 as a guide). The user should note, therefore, that all Article designations in this Division are unofficial .

and Article 8 *

CODIFICATION NOTE

This Division 4 of the Subdivision Code was enacted by Ord. 99-11, effective 7/15/2011. The enacting ordinance does not divide the sections of the Division into Articles. The omission of Article designations appears to have been an oversight, as there are several references within the Division to its "Articles." Accordingly, Article designations have

been added as deemed appropriate by the codifier (using the organization of Division 3 as a guide). The user should note, therefore, that all Article designations in this Division are unofficial . of this Division.

(c) No conditions shall be imposed on a Tentative Map, Vesting Tentative Map or Parcel Map or Improvement Plans or Improvement Agreement that are not consistent with, exceed the limitations set forth in, or otherwise conflict with the Project Documents.

(d) The provisions of this Code providing for Vesting Tentative Maps do not enlarge, diminish, or alter the types of conditions which may be imposed on a development, nor in any way diminish or alter the City's power to protect against a condition dangerous to the public health or safety.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) Within 50 days after the filing of a complete application for the Tentative Map, unless the time has been extended by mutual consent of the Subdivider and the Director, the Director shall take action on the map application by approving, conditionally approving or disapproving the Tentative Map. If the map is disapproved, the Director shall also state the reasons for disapproval.

(b) Copies of the Director's decision shall be sent to all agencies that submitted reports to the Board and to the public as set forth in Section 1714.

(c) The City shall comply with all time limitations and requirements for processing subdivision maps in the SMA, including, without limitation, those in Government Code Section 66452.4.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) Whenever a property is to be subdivided, the Planning Department shall report on the question of consistency of the subdivision with the General Plan and TIDA shall report on consistency with the DDA and any other applicable Project Documents.

(b) The Director shall approve, conditionally approve, or disapprove the proposed subdivision, consistent with the SMA, subject to any decision on appeal by the Board of Supervisors.

(c) When the Planning Department or TIDA finds, subject to any decision on appeal by the Board of Supervisors, or when the Board of Supervisors finds, that a proposed subdivision will be consistent with the Project Documents or City Regulations only upon compliance with certain conditions, the Director shall incorporate said conditions in his or her conditional approval of the proposed subdivision.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) Notwithstanding any provision of the Subdivision Code to the contrary, a Tentative Map shall not be deemed finally approved until TIDA, in accordance with the Project Documents, reviews and approves the Tentative Map to ensure that it is consistent with the Project Documents. TIDA shall also have the right to review any amendment to the Tentative Map, or a subsequent Tentative Map.

(b) The Applicant shall submit copies of its Application Packet for a Tentative Map, and the Application Packet for an amendment to a Tentative Map or a subsequent Tentative Map, to TIDA when it submits the Application Packet to the Director. TIDA, in accordance with the Project Documents, shall approve, disapprove or approve with conditions the Tentative Map, amendment to the Tentative Map, or a subsequent Tentative Map within 30 days following the date the Director determines that the Application Packet is complete, unless such time has been extended pursuant to Section 1726 of the Subdivision Code. TIDA shall deliver the determination to the Director of Public Works in writing, with a copy to the Applicant.

(c) Notwithstanding any provision of the Subdivision Code to the contrary, in accordance with the Project Documents, a proposed Final Map or Parcel Map shall not be deemed finally approved for recordation unless and until TIDA reviews and approves or is deemed to have approved the proposed Final Map or Parcel Map. TIDA shall approve the proposed Final Map or Parcel Map if: (i) development of the area covered by the proposed Final Map or Parcel Map is consistent with the Project Documents, City Regulations and project approvals issued by TIDA, if any;

and (ii) the conditions that were imposed upon approval of the Tentative Map to provide infrastructure improvements consistent with the Project Documents have been satisfied or the performance of such conditions is otherwise secured by an Improvement Agreement.

(d) The Applicant shall submit copies of all proposed Final Maps or Parcel Maps to TIDA at the same time such proposed Final Maps or Parcel Maps are filed with the Director. TIDA shall approve, disapprove, or approve with conditions the proposed Final Maps or Parcel Maps within 30 days following receipt of the complete Final Map or Parcel Map from the Applicant, by delivering a determination to the Director of Public Works, with a copy to the Applicant.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

[ARTICLE 5: SUBDIVISION REQUIREMENTS]*

(a) General. Public facilities listed in this Section shall (where provided) meet the design and construction standards in the Project Documents and the City Regulations consistent therewith.

(b) Streets.

(1) Dedicated Public Streets. A subdivision and each lot, parcel, and unit thereon shall have direct access to a public right-of-way. Title to a new or widened public right-of-way shall be conveyed to the City (or, in the case of public right-of-ways subject to the public trust, to TIDA subject to the City accepting the public right-of-ways for maintenance and liability purposes) by proper deed either prior to approval of the Final Map or as provided in an Improvement Agreement entered into pursuant to Section 1751 of this Code.

(2) Private Streets. Easements for government facilities in private streets shall meet the requirements of Section 1739 of this Code.

(c) Frontage Improvements. The frontage of each lot shall be improved to the geometric section specified by the Director in accordance with the Project Documents and City Regulations, including any streetscape plan approved by TIDA and the street structural section, curbs, sidewalks, planting areas, driveway approaches and transitions in accordance with the Subdivision Regulations.

(d) Pedestrian Ways. Pedestrian ways shall be required in accordance with the Project Documents and City Regulations.

(e) Fire Protection. The Subdivider shall provide for the installation of fire hydrants and other appurtenances and facilities needed for adequate fire protection consistent with the Project Documents and City Regulations.

(f) Street Lighting. The Subdivider shall provide street lighting facilities along all streets, alleys and pedestrian ways consistent with the Project Documents and City Regulations.

(g) Fencing. An approved fence may be required on parcels or lots within the subdivision adequate to prevent unauthorized access between the subdivided property and adjacent properties consistent with the Project Documents and City Regulations.

(h) Transportation Infrastructure. The Subdivider shall provide all Transportation Infrastructure consistent with the Project Documents and City Regulations.

(i) Other Improvements. Other improvements may be required including, but not limited to, grading, dry utilities, open space parcel improvements, temporary fencing, signs, street lines and markings, street trees and shrubs, street furniture, landscaping, monuments, bicycle facilities, and smoke detectors, or fees in lieu of any of the foregoing, as determined by the Director in accordance with this Code, but only to the extent consistent with the Project Documents and City Regulations.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) The Subdivider shall provide or cause to be provided a water system, connected to the San Francisco Public Utilities Commission’s water distribution system as well as all other required public facilities as set forth in the Project Documents and City Regulations. The Subdivider shall also provide or cause to be provided electric, gas and communication services connected to the appropriate public utility’s distribution system. The Subdivider shall provide or cause to be provided sanitary, drainage and recycled water facilities consistent with the Project Documents and City

Regulations, which facilities, when connected to City facilities, will serve adequately all lots, dedicated areas and all other areas comprising the subdivision.

(b) Communications Services. The design of a subdivision for which a tentative map or parcel map is required under this Code shall provide for communications services, including, but not limited to, video, telephone, and telecommunication services, from communications services providers to each parcel in the subdivision as set forth in Section 1336 of this Code.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011; amended by Ord. 35-17, File No. 161165, App. 2/17/2017, Eff. 3/19/2017)

(a) Undergrounding of Utilities. All new permanent utility lines shall be undergrounded as specified in Article 18 of the Public Works Code.

(b) Street Trees and Landscaping. Trees planted along a public street, within the right-of- way, and all landscaping within said right-of-way shall conform to the requirements of the Project Document and City Regulations, including Article 16 of the Public Works Code to the extent that Article 16 is consistent with the Project Documents. In the case of all newly constructed subdivisions, the Subdivider shall provide street trees and landscaping conforming to the policies of the Project Documents and City Regulations. Maintenance of Street Trees shall also conform to the requirements of Article 16 of the Public Works Code.

(c) Open Areas on Private Property. When required pursuant to the Project Documents and City Regulations, the Subdivider shall provide for the landscaping of open areas on private property and provision shall be made for the maintenance thereof. Such open areas shall be restricted to such uses in accordance with the Project Documents and City Regulations.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011; amended by Ord. 245-17, File No. 170985, App. 12/22/2017, Eff. 1/21/2018)

Park and open space improvements and dedications shall be provided as required by the Project Documents and City Regulations and in conformance with the standards set forth therein and subject to the approval of the Director. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

Easements for City utilities and City facilities, such as sanitary and drainage facilities, fire protection facilities and City-owned street lighting facilities shall be for the use of such governmental facilities, with the right of immediate access to the utilities and facilities by the City.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) The location and installation of survey monuments shall conform to the standards in the Subdivision Regulations. When such monuments are "tied" to the City or State monuments, for which coordinates of the California Coordinate System are available, the corresponding coordinates for such monuments shall be determined and recorded.

(b) The location of survey monuments shall be shown on the Final Map. In the event all survey monuments are not installed prior to filing of the Final Map or Parcel Map a monument bond shall be filed at that time.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

[ARTICLE 6: IMPROVEMENT REQUIREMENTS]*

(a) The Subdivider shall provide for the construction and installation of all Public Improvements in the subdivision in accordance with the Project Documents and City Regulations.

(b) Except for Transfer Maps that are governed by Sections 1712.1 and 1751.1(c), the Subdivider shall enter into an Improvement Agreement pursuant to Section 1751 whenever required Public Improvements have not been completed prior to the filing of the Final Map.

(c) Notwithstanding any provision of this Code or the Public Works Code to the contrary, a Subdivider or Applicant may request from the Director a street improvement permit to initiate the construction of Public Improvements independent of or as part of the approval of a Transfer Map, Final Map, or Parcel Map. Said permit shall comply with the applicable provisions of this Code, including, but not limited to, Articles 5, 6, and 8 * CODIFICATION NOTE

This Division 4 of the Subdivision Code was enacted by Ord. 99-11, effective 7/15/2011. The enacting ordinance does not divide the sections of the Division into Articles. The omission of Article designations appears to have been an oversight, as there are several references within the Division to its "Articles." Accordingly, Article designations have been added as deemed appropriate by the codifier (using the organization of Division 3 as a guide). The user should note, therefore, that all Article designations in this Division are unofficial .

in regard to the submittals, design, review, approval, documentation, construction, security, and acceptance for said Public Improvements, including associated Improvement Plans. Fees for said permits shall be according to the Public Works Code Sections 2.1 et seq. unless modified by the Project Documents.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) Following approval of the Tentative Map and prior to filing of the Final Map, the Subdivider's engineer shall submit grading and construction plans for any required Public Improvements to the Director for approval.

(b) Improvement Plans including grading plans and an erosion control plan, as appropriate, shall be prepared under the direction of a qualified and duly licensed professional civil engineer registered in the State of California.

(c) Improvement Plans shall conform to the Subdivision Regulations regarding format, size and contents.

(d) Any specifications supplementing the Standard Specifications shall be considered a part of the Improvement Plans.

(e) The Improvement Plans shall reflect the Public Improvements required under the Treasure Island and Yerba Buena Infrastructure Plan ("Infrastructure Plan"), attached to the DDA.

(1) The Infrastructure Plan may be amended or modified from time to time consistent with the provisions of the DDA and Development Agreement. In addition, amendments to the Infrastructure Plan shall be subject to the prior written approval of the City, acting by and through the Mayor or his or her designees, the Director (or successor City officer as designated by law), and the director of any affected City Agency.

(f) The Director shall act upon and review Improvement Plans within the time periods specified in Section 66456.2 of the SMA. The Director shall send a copy of the Improvement Plans to TIDA for its review. The Director's review of the Improvement Plans shall conform with the Project Documents and City Regulations. This time limit may be extended by mutual agreement.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) No construction of Public Improvements shall commence until Improvement Plans have been approved by the Director and appropriate City permits have been issued. Prior to issuance of any such permits, the City shall obtain temporary construction easements or rights-of-entry from the Subdivider or from third party purchasers from Subdivider to the same extent that Subdivider has retained a temporary construction easement or right-of-entry in the subject property, to the extent necessary to allow the City to complete construction of Public Improvements on private property should the Subdivider fail to do so and to allow for public use, if necessary, prior to City acceptance of such Public Improvements. Also, prior to issuance of any such permits, the City shall obtain an irrevocable offer of dedication of private property in fee title from the Subdivider or third parties where said property is designated for use as future public right-of-way in the Project Documents. The City, at its option, shall obtain an irrevocable offer of dedication of private property in fee title from Subdivider or third parties where Public Improvements will be constructed on said property. In addition, City also shall obtain from Subdivider an irrevocable offer of dedication of any Public Improvements constructed pursuant to the Project Documents, City Regulations and this Code.

(b) Notwithstanding Administrative Code Chapter 23, the Director of Property is authorized to enter into easements for a term of five (5) years or less for purposes of Subsection (a) above or other purposes associated with construction and use of Public Improvements as set forth in this Code.

(c) Construction of Public Improvements that are to be accepted by the City as Public Improvements or for public maintenance and liability purposes shall be subject to inspection by the Director. The Subdivider is responsible for paying the applicable engineering inspection fee as specified in the Public Works Code.

(d) Any work done by the Subdivider prior to issuance of appropriate City permits or approval of Improvement Plans, including changes thereto, or without the inspection and testing required by the Director is subject to rejection. Such work shall be deemed to have been done at the risk and peril of the Subdivider.

(e) The design and layout of all required improvements, both on-site and off-site, private and public, shall conform to the Project Documents, City Regulations and Tentative Map conditions consistent therewith.

(f) Installation of Underground Facilities. All underground facilities including sanitary and drainage facilities, and duct banks, and excepting survey monuments installed in streets, alleys or pedestrian ways shall be constructed, by the Subdivider and inspected and approved by the Director, prior to the surfacing of such street, alley or pedestrian way. Service connections for all underground utilities and sewers shall be laid to such length as will in the Director's opinion obviate disturbing the street, alley, or pedestrian way improvements when service connections are completed to properties in the subdivision.

ructed, by the Subdivider and inspected and approved by the Director, prior to the surfacing of such street, alley or pedestrian way. Service connections for all underground utilities and sewers shall be laid to such length as will in the Director's opinion obviate disturbing the street, alley, or pedestrian way improvements when service connections are completed to properties in the subdivision.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

The Improvement Agreement shall include provisions consistent with the Project Documents and City Regulations, regarding extensions of time and remedies when improvements are not completed within the agreed time. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) The actual costs of inspecting the construction of improvements under Section 1747(b) of this Code shall be paid by the Subdivider.

(b) The actual costs of testing the materials incorporated in the improvements under Section 1747(b) of this Code shall be paid by the Subdivider.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) General. This Section shall only apply to Public Improvements that have not been completed or conditions that have not been fulfilled prior to filing a Parcel or Final Map. An agreement (the "Improvement Agreement") shall be approved by the Director, approved as to form by the City Attorney, and executed by the Director on behalf of the City. The Improvement Agreement shall be consistent with the Project Documents and City Regulations and shall provide for:

(1) Construction of all Public Improvements required pursuant to the Project Documents, City Regulations and conditions imposed on the Tentative Map or Parcel Map consistent therewith, including any required off-site improvements, within the time specified by Section 1751.1;

(2) Satisfaction of conditions precedent to the transfer of title to the City of all land and improvements required to be dedicated to or acquired by the City, if the City elects to defer transfer of title until after the Public Improvements have been completed consistent with the Project Documents and City Regulations, including any approved title exceptions as defined therein, which are or shall be specified herein;

(3) Payment of inspection fees in accordance with applicable City Regulations, consistent with the Project Documents;

(4) Improvement security as required by Section 1770;

(5) Maintenance and repair of any defects or failures of the required Public Improvements, and to the extent feasible removing their causes, prior to acceptance of the Public Improvements by the City or TIDA;

(6) Release and indemnification of the City from all liability incurred in connection with the construction and design of Public Improvements and payment of all reasonable attorneys' fees that the City may incur because of any legal action or other proceeding arising from the construction, except release and indemnification disallowed under the SMA or any other State or federal law pursuant to the procedures provided in the SMA;

(7) Payment by the Subdivider of all costs and reasonable expenses and fees, including attorneys' fees, incurred in enforcing the obligations of the Improvement Agreement;

(8) Any other deposits, reimbursements, fees or conditions as required by City Regulations consistent with Project Documents, and as may be required by the Director;

(9) Any other provisions required by the City as reasonably necessary to effectuate the purposes and provisions of the SMA and this Code in accordance with the Project Documents and City Regulations.

(b) Any Improvement Agreement, contract or act required or authorized by the SMA or this Chapter[1] for which security is required, shall be secured in accordance with Section 66499 et seq. of the SMA and Article 8 * CODIFICATION NOTE

This Division 4 of the Subdivision Code was enacted by Ord. 99-11, effective 7/15/2011. The enacting ordinance does not divide the sections of the Division into Articles. The omission of Article designations appears to have been an oversight, as there are several references within the Division to its "Articles." Accordingly, Article designations have

been added as deemed appropriate by the codifier (using the organization of Division 3 as a guide). The user should note, therefore, that all Article designations in this Division are unofficial . of this Division.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011) CODIFICATION NOTE

1. So in Ord. 99-11; probably should be "Division."

So long as the Development Agreement is in effect, the term of any approved or conditionally approved Tentative Map shall extend for the time set forth in the Development Agreement, and any Final Map or Parcel Map shall be filed with the Director at such time as may be required under the Project Documents in order for Subdivider to fulfill its obligations under the DDA or any Vertical DDA. At any time after the expiration or earlier termination of the Development Agreement, a Final Map or Parcel Map shall be filed with the Director within 36 months after the later of (i) approval of the Tentative Map application or preliminary Parcel Map application and (ii) expiration or earlier termination of the Development Agreement, unless, in either case, such time has been extended upon approval of the Tentative Map or pursuant to Government Code Section 66452.6.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

• (a) The Final Map shall consist of the title sheets and map sheets.

• (b) The title sheets shall contain the following data.

• (1) The title, consisting of the name of the subdivision and the location;

• (2) A general description of all the property being subdivided by references to recorded deeds or to recorded

maps;

• (3) Certificates, affidavits and acknowledgments; and

• (4) General information including a key map when there is more than one map sheet.

(c) The map sheets shall contain the following data, in sufficient detail so that the sale, transfer and description of real property may be accomplished by reference to the Final Map and that all Public Improvements, properties and easements may be determined as to location, extent and condition:

• (1) Title;

• (2) Explanatory and description notes; and

• (3) Map.

(d) The Final Map shall conform to the requirements of Chapter 2, Article 2 of the SMA and to the Subdivision Regulations regarding detailed format and contents.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

• (a) In addition to the certificates required by the SMA, the following certificates shall be on the Final Map.

• (1) City Attorney's certificate;

• (2) Advisory Agency's certificate;

(3) Certificate of Improvement Agreement. Whenever the conditional approval of the Application Packet includes conditions which are to be met after the recordation of the Final Map, a certificate signed by the Director evidencing that an Improvement Agreement has been entered into between the Subdivider and the City shall be required; and

(4) Certificate of Approval of Multiple Final Maps. Where the Final Map shows only a portion of the Tentative Map, then a certificate signed by the Director pursuant to Section 1755.1 shall be required.

(b) The Director may require other notes, restrictions, references or requirements to be indicated on a Final Map. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

• (a) The requirements of Subsection (c) of Section 1756 of this Code shall apply to Parcel Maps.

• (b) The Parcel Map shall conform to the requirements of Chapter 2, Article 3 of the SMA and to the Subdivision Regulations regarding detailed format and contents.

(c) The Director may require other notes, restrictions, references or requirements to be indicated on a Parcel Map. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

• (a) Prior to filing of the Final Map or Parcel Map, the Subdivider shall submit to the Director:

• (1) Prints of the Final Map sheets or the Parcel Map sheets;

• (2) A preliminary title report;

(3) Traverse sheets, showing the mathematical closure of the exterior boundaries around the subdivision, of each lot boundary in the subdivision, and of boundaries of easements and of dedicated rights-of-way;

(4) A written statement indicating how each Tentative Map condition has been satisfied.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011) CODIFICATION NOTE

The punctuation at the end of divisions (a), (a)(2), and (a)(3) was corrected by the codifier.

(a) The Director shall check the prints of the Final Map or the Parcel Map to determine if they substantially conform to the approved Tentative Map, this Code and the SMA.

(b) Within 14 days after submittal, the Director shall return a set of the submitted prints, noting therein any required corrections, to the Subdivider's engineer.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) After the check prints have been approved by the Director, the Subdivider shall file with the Director:

(1) The Final Map or Parcel Map, corrected to its final form, together with the copies specified in the Subdivision Regulations;

• (2) The bonds or other security and approved Improvement Agreement;

When applicable, deeds conveying all streets in the subdivision to the City and deeds granting easements for

sewers, drains and pedestrian walkways which are not dedicated on the map;

• (3) Evidence of title;

• (4) The recording fee and evidence that all fees required by this Code have been paid; and

• (5) The corrected preliminary soil report, when required.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) After obtaining the required certificates on the Final Map, or on the Parcel Map when dedications are included therein, the County Surveyor shall submit said map and the other documents to the Director.

(b) After determining that all requirements of the SMA and this Code have been met, the Director shall endorse the Final Map or Parcel Map and file the same, together with the other documents, with the Clerk. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) After approval of a Final Map or Parcel Map by the Board, the Clerk, or his or her designee, shall file said map with the Recorder.

(b) After signing a Parcel Map, when no dedications are included therein, the Director shall file said map with the Recorder.

(c) No Final Map or Parcel Map for a subdivision governed by this Code shall be recorded unless said Map has been approved by the Director or by the Board as required herein.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

(a) Requirements. After a Final or Parcel Map is recorded in the office of the Recorder, it may be amended administratively, without public hearing, by a Certificate of Correction as to Subparagraphs (1) to (6) below, and by an amending map and public hearing as to Subparagraph (7) below:

• (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 responsibility for setting monuments;

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

(6) To correct any other type of map error or omission as approved by the Director, which does not affect any property right. Errors and omissions may include, but not be limited to, lots and numbers, acreage, street names and identification of adjacent record maps. Error does not include changes in courses or distances from which an error is not ascertainable from the data shown on the Final or Parcel Map;

(7) To make modifications when there are changes which make any or all of the conditions of the map no longer appropriate or necessary and when 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 Director finds that the map as modified conforms to the provisions of Section 66474 of the SMA. Such modification shall require an amending map and shall be set for public hearing by the Director according to the procedures established for a hearing on the Tentative Map. The Director shall confine the hearing to consideration at and action on, the proposed modification.

(b) Form and Contents. The amending map or certificate of correction shall be prepared and stamped by a registered civil engineer or licensed land surveyor. The form and contents of the amending map shall conform to the requirements for a Final Map or a Parcel Map as provided in this Code and the SMA. The certificate of corrections shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction.

(c) Submittal and Approval by Director. The amending map or certificate of correction, complete as to final form, shall be submitted to the Director for review and approval. The Director shall examine the amending map or certificate of correction, and if the only changes made are those in Subsection (a), this fact shall be certified on the amending map or certificate of correction.

(d) Filing with Recorder. The amending map or certificate of correction certified by the Director shall be filed in the office of the Recorder in which the original map was filed. Upon such filing, the Recorder shall index the names of the fee owners and the appropriate subdivision designation shown on the amending map or certificate of correction in the general index and map index respectively. The original map shall be deemed to have been conclusively so corrected, and shall impart constructive notice of all the corrections in the same manner as though upon the original map.

(e) Fee. The fee for checking, processing and recording the amended map or certificate of correction shall be as provided in Section 1715.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

[ARTICLE 8: SECURITY, BONDS, TAXES]*

• (a) The requirements of this Section apply to all Improvement Agreements.

(b) No Final Map or Parcel Map (other than a Transfer Map) shall be signed by the Director or recorded until all improvement securities required by this Article *

CODIFICATION NOTE

This Division 4 of the Subdivision Code was enacted by Ord. 99-11, effective 7/15/2011. The enacting ordinance does not divide the sections of the Division into Articles. The omission of Article designations appears to have been an oversight, as there are several references within the Division to its "Articles." Accordingly, Article designations have been added as deemed appropriate by the codifier (using the organization of Division 3 as a guide). The user should note, therefore, that all Article designations in this Division are unofficial .

in the form prescribed by the City pursuant to Government Code Section 66499 et seq. , have been received and approved.

(c) A performance bond or other acceptable security as provided in Section 66499 of the Government Code in the amount of not less than one hundred percent (100%) of the estimated cost of completion of the construction, as determined by the Director, or installation of all Public Improvements, as determined by the Director, shall be required of all subdivisions to secure satisfactory performance of those obligations. As a guarantee of payment for the labor, materials, equipment and services required, a payment bond or other acceptable security shall be required for fifty percent (50%) of the estimated cost of completion of unfinished Public Improvements as determined by the Director. For purposes of the preceding sentences, the "estimated cost of completion" shall include all costs of remediating any hazardous materials as necessary to permit completion of the required Public Improvements, unless those costs are otherwise secured as provided in the Project Documents.

(d) The security shall be released or reduced upon completion of construction as follows:

(1) The security shall be reduced to 10 percent of the original amount for the purpose of guaranteeing repair of any defect in the improvements which occurs within one year of when: (i) the Public Improvements have been completed to the satisfaction of the Director; and (ii) the Clerk of the Board of Supervisors certifies that no claims by any contractor, subcontractor or person furnishing labor, materials or equipment for the required Public Improvements have been filed against the City prior to or within a 100-day period following completion of the Public Improvements.

(2) If any claims by any contractor, subcontractor or person furnishing labor, materials or equipment to the Subdivider have been filed against the City, then the performance security shall only be reduced to an amount equal to the amount of all such claims filed or to 10 percent of the original amount whichever is greater.

(3) The security may be reduced in conjunction with completion of a portion of the Public Improvements to the satisfaction of the Director, to an amount determined by the Director; however, in no event shall the amount of the security be reduced below the greater of (i) the amount required to guarantee the completion of the remaining portion of Public Improvements and any other obligation imposed by the SMA, this Code or the Improvement Agreement; or (ii) below 10 percent of the original amount of the security.

(4) The security shall be released when all of the following have occurred.

(i) One year has passed since the date of acceptance by the Board of Supervisors, or one year has passed since the date that all deficiencies that the Director identifies in the required Public Improvements have been corrected or waived in writing; and

(ii)1 If any claims identified in Subsection (d)(1)(ii) have been filed against the City, all such claims have been satisfied or withdrawn. or otherwise secured.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011) CODIFICATION NOTE

1. The designation of this division (d)(4)(ii) was corrected by the codifier.

As a guarantee of good faith to furnish and install the required survey monuments and to pay the Subdivider's engineer or surveyor for said work, the Subdivider shall furnish a corporate surety bond or other acceptable security for an amount equal to 100 percent of the estimated cost of such work. Such work shall consist of satisfactorily furnishing and installing the said survey monuments and of accurately fixing exact survey points thereon. (Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)

Prior to recordation of a Final Map or Parcel Map, the Subdivider shall comply with all applicable provisions governing taxes and assessments as set forth in Sections 66492, 66493 and 66494 of the SMA and any amendments thereto.

(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)