Atherton Municipal Code Ch. 16.16 Tentative Maps

Sections:

• 16.16.010 Filing of tentative map.

• 16.16.020 Preliminary title report.

• 16.16.030 Size and scale.

• 16.16.040 Information to be shown on tentative map.

• 16.16.050 Subdivider’s statement.

• 16.16.060 Soils and/or geologic report.

• 16.16.070 Processing.

• 16.16.080 Department approval.

• 16.16.090 Action on tentative map.

• 16.16.100 Notice of hearing/commission’s findings.

• 16.16.110 Merger and resubdivision.

• 16.16.120 Vesting tentative maps.

The city manager shall specify the number of copies of the tentative map which shall be required. Those copies together with any additional data required shall be filed with the city manager. The subdivider shall simultaneously file copies of the tentative map with all other affected agencies and utilities. Tentative maps shall be prepared in accordance with the Subdivision Map Act and provisions of this title. Such tentative maps shall be accompanied by a nonrefundable fee as set from time to time by the city council by resolution. (Ord. 441 § 1, 1988)

The tentative map shall be accompanied by a current preliminary title report for the property being subdivided. (Ord. 441 § 1, 1988)

Tentative maps shall be of a scale and size satisfactorily to the city manager. Minimum map dimensions shall be eighteen inches by twenty-six inches. The map scale shall be adequate to clearly show all details. (Ord. 441 § 1, 1988)

A tentative map shall be clearly and legibly drawn, shall present all information accurately to the satisfaction of the city engineer, and shall contain the following information:

A. Tract name, date, north point, scale and sufficient description to define the location and boundaries of the proposed tract;

• B. Key map showing adjacent proptery, subdivision, roads or streets in subdivisions;

• C. Boundary of the subdivision;

• D. Name and address of record owner or owners, name and address of the subdivider, and name and business address of the person who prepared the tentative map;

• E. Acreage of the proposed tract to the nearest tenth of an acre;

• F. Approximate area of each of the lots proposed to be created;

• G. Number of lots, average lot size, and size of smallest lot in tract;

• H. Contours at two-foot intervals up to five percent slope; five-foot intervals up to ten percent slope; and, tenfoot intervals over ten percent slope; the high and low points and all drainage features; and such additional topographic information required by the city engineer;

I. The locations, names, existing widths, approximate grade, type and width of pavement of all existing streets, highways and ways in the proposed subdivision, or abutting or contiguous to the proposed subdivision;

J. The locations, names, widths, approximate grade, type and width of pavement of all streets, highways and ways proposed to be constructed, widened, improved or dedicated within, abutting or contiguous to the proposed subdivision;

• K. Typical cross-sections of all streets and alleys to be constructed, widened, improved or dedicated;

• L. Approximate radii of each curve;

• M. Locations, widths and purposes of all existing and proposed easements within the proposed subdivision;

N. Locations, size and character of all existing pipelines and related structures, and all other public utilities, showing the ground elevation and flow line elevations at the connection to existing pipelines;

• O. Lot layout and approximate dimensions of each lot. Each lot shall be numbered;

P. Location of the foundation line and all exterior walls and protrusions of all buildings and structures, including pools, athletic courts, decks and other similar structures, existing on the property;

Q. Approximate boundaries of areas subject to inundation of storm water overflow and the location, width and direction of flow of all watercourses;

• R. All water wells;

• S. Proposed public areas, if any;

T. Location of wooded areas, tree masses, individual trees over eighteen inches in diameter, five feet above the ground, type of tree, and other significant landscape features;

U. A general grading diagram showing proposed contours, areas and estimated quantities of excavations and embankments, and statement of estimated amount of material to be imported or exported from subdivision site;

V. Method proposed for erosion control, including prevention of sedimentation, or damage both on-site and offsite;

• W. Proposed front and rear yard designations. (Ord. 441 § 1, 1988)

A subdivider’s statement shall appear upon, or accompany, the tentative map and shall contain the following information:

• A. Existing use or uses and zone district or districts of the property;

• B. Proposed use of property. If property is proposed to be used for more than one purpose, the area, lot or lots proposed for each type of use shall be shown on the tentative map;

C. Statement specifying the improvements and public utilities proposed to be made or installed, and the time at which such improvements are proposed to be completed;

• D. Provision for sewerage and sewage disposal;

• E. Public areas proposed;

• F. Tree planting proposed, including an indication of any existing trees to be removed or left in place;

• G. Proposed street lighting or any outdoor lighting;

H. Existing restrictive covenants, leases, rights-of-way, easements, licenses and encumbrances affecting the use of the land, and restrictive covenants proposed;

I. The special districts within which the subdivision is located. Identification of any special districts that the subdivision may be required to annex in order to obtain public services;

• J. Justifications and reasons for any requested exceptions to provisions of this title;

• K. Any additional information regarding the subdivision as may be deemed necessary by the city engineer. (Ord. 441 § 1, 1988)

A. Preliminary Soils and/or Geologic Report. At the time of submission of the tentative map, the subdivider shall file with the city manager a preliminary soils and geologic report, prepared by a civil engineer registered as a soils engineer in the state, based upon adequate test borings or excavations when required by the city engineer.

B. Soils Investigation. If the preliminary soils and geologic report indicates the presence of critically expansive or other soils or geologic hazards which, if not corrected, could lead to structural defects, a soils and geologic investigation of each potentially affected lot in the subdivision shall be prepared by a civil engineer registered as a soils engineer in the state. The soils and geologic investigation shall recommend corrective action which is likely to prevent structural damage to structures or improvements proposed to be constructed on the area where such soils and geologic problems exist. The report shall be filed with the city manager.

C. Compliance with Soils and Geologic Investigation and Recommendations. The tentative map and building permit shall be conditioned upon the incorporation of the approved, recommended, corrective action for the construction of each structure. (Ord. 441 § 1, 1988)

The city manager shall review all tentative map applications to determine whether all necessary information has been submitted. Within thirty days of receipt of any such map, the city manager shall give written notice to the applicant pursuant to Government Code Section 65943 indicating whether the application is complete. Any parts which are incomplete shall be specified and the manner in which they can be made complete shall be indicated. In the case of any subdivision which requires the preparation of an environmental impact report or negative declaration pursuant to the California Environmental Quality Act, no application shall be deemed complete until the appropriate authority has certified the environmental impact report or negative declaration to be adequate and prepared in compliance with the California Environmental Quality Act. For the purposes of the Subdivision Map Act, this title and Chapter 4.5 of Division 1, Title 7, Section 65920 et. seq. of the Government Code, the date upon which notice is given to the applicant that the application is complete shall be deemed the date of filing of the application; provided that, if at any stage of processing the map, it is determined that an environmental impact report or negative declaration is required, the date of filing shall be revised to the date upon which that environmental impact report or negative declaration is certified as final. (Ord. 441 § 1, 1988)

The city manager shall transmit copies of such tentative map to the city engineer and may transmit copies thereof to other departments and agencies as he deems advisable. Upon receipt of a copy of such map, each department to which the same has been transmitted shall examine the map to ascertain if it conforms to the requirements of such department and, within ten days of receipt thereof, each department shall make a report to the city manager. If the map does not conform to such requirements, the department shall so state in its report noting the details of nonconformity. (Ord. 441 § 1, 1988)

A. Within fifty days after the filing of the tentative map, the planning commission shall hold a public hearing thereon, shall recommend approval, conditional approval or disapproval of said map and shall make a written report to the city council.

B. At the next regular meeting of the city council following the filing of the planning commission report, the council shall set a public hearing date at which the tentative map shall be considered, which date shall be within thirty days thereafter, and the city council shall approve, conditionally approve, or disapprove the tentative map within such thirty-day period. (Ord. 441 § 1, 1988)

A. Notice of the time, date, and place of public hearings shall be given as specified in Section 17.06.080 of this code. Neither failure of any person to receive any notice required hereunder, nor failure to strictly comply with the provisions hereof, shall invalidate any proceedings under this chapter.

B. In addition to any other information required, the applicant shall submit with the application a list of all owners of the property to be subdivided as shown on the last equalized assessment roll, along with a list of the name and address of the owner of record and a set of stamped, addressed, D10 envelopes, of each property owner within a five-hundred-foot radius of the exterior boundaries of the subject property, as shown on the last equalized assessment roll.

• C. Following the public hearings the planning commission and city council shall make the following findings:

  1. Whether the proposed subdivision is in conformity with law and this chapter;

  2. Whether the size and shape of the proposed lots are in general conformance to town requirements and the general pattern of the neighborhood and will not cause traffic, health or safety hazards;

  3. Whether the proposed lots will have proper and sufficient access to a public street;

  4. Whether the proposed map and the design or improvement of the proposed subdivision are consistent with applicable general and specific plans;

  5. Whether the site is physically suitable for the type of development;

  6. Whether the site is physically suitable for the proposed density of development;

7. Whether the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

8. Whether the design of the subdivision or the type of improvements is not likely to cause serious public health problems;

9. Whether the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision, or that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to those previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction;

10. Whether discharge of waste from the proposed subdivision will not result in violation of existing water quality requirements prescribed by the regional water quality control board.

D. If the planning commission or city council is unable to make affirmative findings on any of the above questions, it shall disapprove the map, unless it is able to impose conditions which will enable it to make such findings, in which case, it shall approve the map with said conditions. The planning commission or city council may refuse to approve a tentative map when the only practical use which can be made of the property proposed to be subdivided is a use prohibited by ordinance or law, or if the property be deemed by the health officer of the town unhealthful or unfit for human habitation or occupancy. (Ord. 441 § 1, 1988)

Subdivided lands may be merged and resubdivided without first reverting to acreage, provided that all requirements of the Subdivision Map Act and this title are complied with. Such application shall be filed and processed in the same manner as a subdivision. Recordation of the final or parcel map shall constitute legal merging of the separate parcels into one parcel and the resubdivision of such parcel. (Ord. 441 § 1, 1988)

Pursuant to the authority granted by Chapter 4.5 of Division 2 of Title 7 of the California Government Code, for any residential subdivision for which a tentative map is required by the Subdivision Map Act or this title, a vesting tentative map may instead be filed, in accordance with the following provisions:

• A. Filing and Processing.

1. A vesting tentative map shall be filed in the same form and have the same accompanying data and reports and shall be processed in the same manner, including payment of fees, as set forth in this title for tentative maps, except:

   • a. No vesting tentative map may be filed until all prior discretional approvals applicable to the proposed development, such as rezoning or conditional use permits, have been obtained or are being obtained simultaneously;

   • b. At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words “Vesting Tentative Map.”

2. If a subdivider does not seek the rights conferred by the vesting tentative map statute, then the filing of a vesting tentative map shall not be a prerequisite to any appeal for any proposed subdivision, permit for construction or work preparatory to construction.

B. Expiration. The approval or conditional approval of a vesting tentative map shall expire at the same time, and shall be subject to the same extensions established in Section 16.20.010 of this title for the expiration of the approval or conditional approval of a tentative map.

C. Development Rights. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the date that the vesting tentative map application is determined complete. However, if proceedings have been formally initiated in accordance with Government Code Section 66474.2 to amend applicable general or specific plans or zoning or subdivision ordinances before the complete application is received, such policies, ordinances or standards may be applied to the application if they are in effect on the date the vesting tentative map is approved or disapproved.

D. Limits of Vested Rights. A permit, approval, extension or entitlement (including all subsequent approvals) may be conditional or denied if it is determined that: a failure to do so would place the residents of the subdivision or the immediate community in a condition dangerous to their health or safety; or, the condition or denial is required in order to comply with federal or state law.

E. Applications Inconsistent with Current Policies. A property owner or his designee may seek approvals or permits for development which departs from the ordinances, policies and standards described in subsection C of this section, and these approvals may be granted or permits issued to the extent that the departures are authorized under applicable law.

• F. Expiration of Vested Rights.

1. The rights referred to in this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided under subsection B of this section. If the final map is approved, these rights shall last for the following period of time:

   • a. An initial time period of one year. Where several final maps are recorded in various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final Map for that phase is recorded.

   • b. A subdivider may apply to the planning commission for a one-year extension at any time before the initial time period expires. If the extension is denied, the subdivider may appeal that denial to the city council within fifteen days.

   • c. If the subdivider submits a complete application for a building permit during the time set forth in subsections F1a and F1b of this section, the rights referred to shall continue until expiration of that permit, or any extension of that permit.

   • d. The initial time period set forth in subsection F1a of this section shall automatically be extended by any time used for processing a complete application for a grading permit or architectural review, if such processing exceeds thirty days from the date a complete application is filed.

2. If the applicant lets one of these time periods expire, the applicant is then treated the same as if he or she were an ordinary applicant without the rights conferred by the vesting map. (Ord. 441 § 1, 1988)