Belvedere Municipal Code Ch. 18.20 Tentative Map

Sections:

Prior to the presentation and submission of a tentative map, subdividers may present preliminary plans or sketches of the proposed subdivision to the Planning Commission for discussion. However, any such review of a proposed subdivision by the Planning Commission shall not be construed as being within the time limits set forth in this Section, and in Sections 66451.1 et seq. of the Subdivision Map Act. (Ord. 89-2 § 2, 1989; Ord. 66 NS § 7.2, 1950; prior code § 20-28.)

A tentative map, conforming to the requirements of this Chapter, and the Subdivision Map Act, shall be filed for consideration by the Planning Commission and City Council for subdivisions of land. A lot line adjustment, where no new parcels are being created, and no non-conformities are created or increased, shall be governed by the procedures contained in Chapter 18.28 of this Title. (Ord. 89-2 § 2, 1989.)

A. Every tentative map of a subdivision filed with the Planning Commission shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, and shall be clearly and legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester-base film. The size of the sheet shall be not less than eighteen by twenty-six inches. The scale of the map shall be one inch equals one hundred feet on large areas, and one inch equals fifty feet on small or irregular areas, unless otherwise permitted by the Planning Commission, and in any case shall clearly show all details thereof. Enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown

• B. The map shall contain the following data:

  1. Tract name or other designation, date, north point, scale, and sufficient description to define the location and boundaries of the proposed tract, including the location of streets and property lines bounding the property;

  2. Names and addresses of record owner and subdivides; name, address and registration or license number of engineer or surveyor;

  3. Location, names, and present pavement and right-of-way width of adjacent existing roads, streets, highways or ways;

  4. The locations, names, and pavement and right-of-way width of all roads, streets, highways and ways in the proposed new subdivision;

  5. Contour lines having the following intervals:

• a. One-foot contour interval, or as deemed appropriate by the Director of Planning and Building for ground slopes between two percent and five percent,

• b. Five-foot contour interval for ground slopes exceeding five percent.

The surveyor shall indicate the elevations of all points used in determining the contours;

6. The location of sanitary sewers, including side sewers, storm sewers, gas, water, cable television, power and telephone lines, and other public utilities, and the approximate width and location of all easements required for same;

7. All survey and such other mathematical information as may be required by the City Engineer to determine the location of monuments, and to retrace any interior and exterior boundary lines, including bearings and distances for straight lines, and radii, arc and chord length for curved lines;

8. Approximate dimensions of all lots. Each parcel shall be numbered and each block lettered or numbered. The map shall show the location of each parcel and its relation to surrounding surveys;

9. Approximate location of areas subject to inundation or stormwater overflow, all areas covered by water, the location, width and direction of flow of all watercourses, and areas subject to overflow by tidewaters;

10. Public areas proposed.

C. Profiles drawn to scales so as to show clearly all details thereof shall accompany the tentative map and shall show centerline, ground and grade elevations of all streets, highways, ways, alleys, sanitary and storm sewers, gas and water lines, and other improvements in the subdivision. Profiles other than centerline shall be shown if requested by the Planning Commission. All elevations shall be referred to mean sea level datum, as established by the United States Coast and Geodetic Survey, or to elevations or bench marks as established by the City Engineer.

D. Typical cross-Sections of all streets, highways, ways and alleys and details of curbs, gutters, sidewalks and other improvements shall accompany the tentative map and shall be of such scale as to show clearly all details thereof. (Ord. 2016-5 § 3, 2016; Ord. 2013-2 § 24, 2013; Ord. 2011-4 § 31, 2011; Ord. 89-2 § 2, 1989; Ord. 86-6 § 3, 1986; Ord. 66 NS § 6.1, 1950; prior code § 20-29.)

The following statements shall accompany the tentative map:

• A. Existing use or uses of property, including the location of all existing structures to remain on the property;

• B. Proposed uses of the property, with a statement of the respective proportions of the total area of the subdivision represented by each, and an outline of proposed deed restrictions;

• C. Source, quality and approximate quantity of water supply, and general outline of proposed system;

• D. Provisions for proposed sewage disposal, drainage, and flood control;

• E. Proposed setback lines for buildings;

• F. Statement as to tree planting plan;

• G. Statement of the improvements proposed to be made or installed and of the time at which such improvements are proposed to be made or completed, and preliminary plans and specifications for such proposed improvements;

H. A soils and slope stability report prepared by a licensed geologist, subject to the requirements of Chapter 16.15 of this Code. (Ord. 89-2 § 2, 1989; Ord. 66 NS § 6.2, 1950; prior code § 20-30.)

A. Filing Requirements. The subdivider shall file with the secretary of the Planning Commission fifteen copies of the tentative map and one electronic copy in conformance with the requirements set forth in Subsection B of this Section, with the accompanying data and statements, made in accordance with the requirements of the

Subdivision Map Act and Sections 18.20.020 and 18.20.030 above, together with such additional copies as may be required by the Planning Commission for transmittal to the designated official of any adjoining City or county which has requested the same, as provided in the Subdivision Map Act. The subdivider shall, at the time of filing the tentative map, pay a filing fee as is hereafter fixed from time to time by City Council resolution. Additional copies of the tentative map or vesting tentative map may be required prior to review of such map by the City Council.

B. Electronic Copies. Whenever a tentative map is filed, or other map required to be filed under this Title, is filed, an electronic version of the map must be concurrently submitted to the City on CD. An electronic copy must be included whether as part of an initial filing or when changes are subsequently submitted as part of the approval process. The preferred format for electronic submissions is Design Web Format—DWF (.dwf); however, for maps and documents which were not created in AutoCAD, the submission may be made in Adobe Portable Document Format—PDF (.pdf). No format other than DWF and PDF will be accepted. The electronic copy shall comply with the following standards:

1. Design Web Format—DWF (.dwf): All pages of the map shall be included in one DWF document, and the total file size of the DWF file shall not exceed 2mb per page (e.g. a ten-page drawing must be equal to or less than 20mb).

2. Adobe Portable Document Format—PDF (.pdf): The original page size shall be no larger than 24" x 36". Resolution shall be 200 to 600. All pages shall be included in one PDF document. The total size of the PDF file shall not exceed 2mb per page (e.g., a ten-page drawing must be equal to or less than 20mb). (Ord. 2004-6 § 2, 2004; Ord. 89-2 § 2, 1989; Ord. 82-5 § 10, 1982; Ord. 66 NS § 9.1, 1950; prior code § 20-31.)

A. The time of filing a tentative map or vesting tentative map shall be construed to be the time at which the same is accepted as complete by the Director of Planning and Building or City Engineer. Such officer shall determine if the application is complete within thirty days of submission for filing. Such officer shall not accept such map unless the same is in full compliance with the provisions of law and of this Title as to form and as to the data and information required to be shown thereon or furnished therewith.

B. If the application is deemed incomplete, the City shall, in writing, inform the applicant of the deficiencies. If said deficiencies are not remedied within ninety days from the date of such notice, the City shall notify the subdivider in writing that the application is withdrawn, and shall return to the applicant the application form, all submitted materials, and any unused fees. (Ord. 2016-5 § 3, 2016; Ord. 2013-2 § 24, 2013; Ord. 89-2 § 2, 1989; Ord. 66 NS § 9.2, 1950; prior code § 20-31.)

A. Upon filing of a tentative map or vesting tentative map, a public hearing shall be set for the date of the next regular meeting of the Planning Commission. Unless otherwise provided by this Section, notice of a hearing held pursuant to this Title shall be given pursuant to Sections 65090 and 65091 of the California Government Code and amendments thereto. If the proposed subdivision is a conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, the notice shall also be given by the City by United States mail to each tenant of the subject property, and shall also include notification of the tenants’ right to appear and be heard. Pursuant to Section 66451.2 of the Subdivision Map Act, fees may be collected from the subdivider for expenses incurred under this Section.

B. Following filing of a tentative map or vesting tentative map, an initial study shall be prepared. The Planning Commission shall recommend to the City Council whether an environmental impact report or negative declaration should be required, as provided for in the California Environmental Quality Act, the CEQA Guidelines, and the City of Belvedere’s Environmental Impact Review Procedures and Guidelines.

C. If no environmental impact report is required, the Planning Commission shall take action to recommend approval, conditional approval, or denial of the tentative map or vesting tentative map within fifty days of the date that the initial study and negative declaration/ mitigated negative declaration prepared pursuant to CEQA were adopted by the Planning Commission.

D. If an environmental impact report is required pursuant to CEQA, the Planning Commission shall take action to recommend approval, conditional approval, or denial of the tentative map or vesting tentative map within fifty days after certification of the EIR. (Ord. 2011-4 § 32, 2011; Ord. 89-2 § 2, 1989.)

The Planning Commission, or its designated officer, shall within three days of accepting a tentative map or vesting tentative map application as complete, forward copies of the map to any City, county, special district, and state officials requesting the same who may make recommendations to the Planning Commission with respect to the subdivision. (Ord. 89-2 § 2, 1989; Ord. 66 NS § 9.4, 1950; prior code § 20-32(b).)

The Planning Commission shall review the tentative map and shall make a report to the City Council. The report shall recommend approval, conditional approval, or denial, and shall be in the form of a resolution of the Planning Commission making findings for the recommendation, and listing recommended conditions, if any. (Ord. 89-2 § 2, 1989; Ord. 119 NS, 1961; Ord. 66 NS § 10.2, 1950; prior code § 20-33(a).)

Any report or recommendation on a tentative map or vesting tentative map by the staff of the City to the Planning Commission or City Council shall be in writing and a copy thereof served on the subdivider and on each tenant of the subject property, in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, at least three days prior to any hearing or action on such map by the Planning Commission or City Council. Pursuant to Section 66451.2 of the Subdivision Map Act, fees may be collected from the subdivider for expenses incurred under this Section. (Ord. 89-2 § 2, 1989.)

The commission shall make its report to the City Council. At its next regular meeting, the Council shall fix a meeting date at which a public hearing shall be held to consider the map. Such meeting shall be held within thirty days thereafter. The City Council shall, by resolution, approve, conditionally approve, of deny the tentative map or vesting tentative map application within such thirty-day period. Said hearing shall be noticed as provided in Section 18.20.060A. (Ord. 89-2 § 2, 1989; Ord. 119 NS, 1961; Ord. 66 NS § 10.2, 1950; prior code § 20-33(b).)

The time limits for action and reporting on tentative maps and vesting tentative maps as specified in this Chapter may be extended by mutual consent of the subdivider and the Council or commission, as the case may be. If no action is taken within the time limits specified in this Chapter, or any authorized extension thereof, the tentative map or vesting tentative map, as filed, shall be deemed to be approved, insofar as it complies with the other applicable requirements of this Title and the Subdivision Map Act, and it shall be the duty of the clerk of the City

Council to certify the approval. (Ord. 89-2 § 2, 1989; Ord. 119 NS, 1961; Ord. 66 NS § 10.2, 1950; prior code § 30-22(c).)

A. An approved or conditionally-approved tentative map or vesting tentative map shall expire twenty-four months after its approval or conditional approval. However, if the subdivider is subject to a requirement of one hundred thousand dollars or more to construct, improve, or finance the construction or installation of public improvements (as defined in Government Code Section 66452.6(a)) outside the boundaries of the tentative map, each filing of a final map authorized by this Title and Section 66456.1 of the Subdivision Map Act shall extend the expiration of the approved or conditionally approved tentative map by thirty-six months from the date of its expiration, as provided in this Section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than ten years from its approval or conditional approval. A tentative map on a property subject to a development agreement authorized by Section 65864 et seq. of the Government Code may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps which may be filed shall be determined by the Planning Commission at the time of the approval or conditional approval of the tentative map.

B. Expired Maps. The expiration of the approved or conditionally-approved tentative map or vesting tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the City without first processing a new tentative map. Once a timely filing of a final map is made, subsequent actions of the City, including, but not limited to processing, approving and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the City Engineer shall be deemed a timely filing for purposes of this Section.

C. Extensions. Upon application of the subdivider, filed prior to the expiration of the approved or conditionallyapproved tentative map, the time at which the map expires may be extended by the Planning Commission for a period or periods not exceeding a total of three years. Prior to the expiration of an approved or conditionallyapproved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for sixty days, or until the application for the extension is approved, conditionally approved or denied, whichever occurs first. If the Planning Commission denies a subdivider’s application for an extension, the subdivider may appeal to the City Council within fifteen days after the Planning Commission has denied the extension.

D. The rights conferred by a vesting tentative map, as provided in Chapter 4.5 (commencing with Section 66498.1) of the Subdivision Map Act and this Title, shall last for the time periods specified in Section 18.20.130. (Ord. 89-2 § 2, 1989.)

A. A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in this Chapter, except as hereinafter provided

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

2. The subdivider shall also supply any additional information required, and meet any additional requirements imposed by the City during the vesting tentative map approval process;

B. 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 time the vesting tentative map is approved or conditionally approved.

• C. Notwithstanding Subsection B above, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:

  1. A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both;

  2. The condition or denial is required, in order to comply with state or federal law;

D. The rights conferred herein shall expire if a final map is not approved before the expiration of the vesting tentative map as provided in Section 18.20.120A. If a final map or parcel map is approved, these rights shall last for the following periods of time:

1. An initial time period of one year. Where several final maps are recorded on 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.

2. The initial time period set forth in Subsection D1 above shall be automatically extended by any time period used for processing a complete application for a grading permit or for design and architectural review, if such processing exceeds 30 days from the date a complete application for the permit or review is accepted as complete.

3. A subdivider may apply to the Planning Commission for a one-year extension at any time before the initial time period set forth in Subsection D1 expires. If the extension is denied, the subdivider may appeal that denial to the City Council within fifteen days after the Planning Commission has denied the extension.

4. If the subdivider submits a complete application for a building permit during the periods of time specified in Subsection D1 through 3, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

• E. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The

City may deny such a vesting tentative map or approve it, conditioned on the subdivider, or his or her designee, obtaining the necessary amendment to the zoning ordinance to eliminate the inconsistency. If the amendment to the zoning ordinance is obtained, the approved or conditionally-approved vesting tentative map shall, notwithstanding Subsection B of this Section or Section 18.20.140A1 below, confer a vested right to proceed with the development in substantial compliance with the amendment to the zoning ordinance and the map, as approved.

F. Notwithstanding any provisions of this Section, a property- owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in Subsections A through E of this Section, and the City may grant these approvals or issue permits under them to the extent that such departures are authorized by applicable law. (Ord. 89-2 § 2, 1989; Ord. 85-8 §§ 1-11, 1985.)

• A. The City shall not approve a tentative map or vesting tentative map unless it finds, in fact, that the following conditions and standards are met by the proposed map:

  1. That the map is in conformance with the zoning ordinance of the City as adopted at the time the application was determined to be complete;

  2. That the design and improvement of the proposed subdivision is consistent with the City’s general plan;

  3. That the site is physically suitable for the type of development proposed;

  4. That the site is physically suitable for the density of development proposed;

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

  6. That the design of the subdivision and the proposed improvements are not likely to cause serious public health problems;

  7. That the design of the subdivision or the type of improvements will not conflict with existing easements acquired by the public for access through or use of the property within the proposed subdivision. The Planning Commission may approve a map with such easements, if it finds that adequate alternative easements for access or for use are to be provided, and that these will be substantially equivalent to those previously acquired by the public.

B. Notwithstanding Subsection A of this Section, the City may approve a tentative map or vesting tentative map if an environmental impact report was prepared with respect to the project and a finding was made pursuant to subdivision (c) of Section 21081 of the Public Resources Code that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. (Ord. 89-2 § 2, 1989.)

A subdivision of airspace into condominiums shall, in addition to the above requirements, be subject to the requirements of this Code. (Ord. 89-2 § 2, 1989.)