Fairfax Municipal Code Ch. 16.08 Tentative Maps

(A) Tentative maps shall be prepared by a registered civil engineer or licensed land surveyor and shall be drawn to a size and scale to clearly show the details of the plan at no less than one inch equals 40 feet.

(B) Tentative maps shall be signed by the civil engineer or licensed land surveyor.

(Prior Code, § 16.03.010) (Ord. 670, passed - -1998)

(A) Filing of tentative subdivision map.

(1) A tentative map shall be required for all requests for a major subdivision or a minor subdivision.

(2) The subdivider shall file 15 copies of the tentative map and any accompanying information to the Planning Director, as required on town application forms.

(B) Fees. The subdivider shall pay the fees established by the Town Council by resolution upon the filing of the tentative subdivision plan.

(C) Contents. Tentative maps shall show the proposed subdivision’s design and improvements and conditions existing in and around the subdivision, and shall contain information sufficient to allow the Planning Commission or the Town Council to make the findings required by § 16.08.100. Information which cannot be conveniently shown on the tentative subdivision map shall be contained in a written statement accompanying the map. All lettering on the tentative map shall be of one-eighth inch minimum in size.

(1) The map shall include, but shall not be limited to the following general notes, unless the information is waived by the Town Engineer or Planning Director:

(a) The subdivision name as selected by the subdivider;

(b) Date, north point, scale (not less than one inch equals 40 feet) and sufficient boundaries to define the proposed subdivision;

(c) Name, address and telephone number of record owners, subdivider and engineer or surveyor;

(d) A description of the proposed subdivision, including Assessor’s parcel number and sufficient legal description to define the boundary of the proposed subdivision, its location, streets and street names, their present width and grades of adjacent or abutting roads, streets, highways and ways;

(e) Project area;

(f) Existing use or uses of property;

(g) Existing town general plan land use designations including allowed density or intensity of use as modified by any adopted slope density standards;

(h) Source of water supply;

(i) The method of sewage disposal proposed;

(j) Other improvements proposed;

(k) A description of how the subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision;

(l) A description of how the subdivision will affect the housing needs of the region and how this has been balanced against public service needs of the residents of Fairfax and available fiscal and environmental resources; and

(m) If the subdivision is to be developed in increments, a statement to that effect shall be included.

(2) Topographical contour map. A topographical contour map showing accurately the existing watercourses terrain within the subdivision, existing drainage channels, roads, culverts, overhead and underground utility lines which may affect the design of the subdivision, wells and springs, major structures, irrigation ditches, utility poles and other improvements in their correct location. Elevation shall be referenced to current National Geodetic Survey data. The map shall be drawn to an engineer’s scale large enough to show all information clearly, but not smaller than 40 feet to the inch. Contour intervals shall not be greater than five feet or at such intervals that the contour lines will not be spread more than 150 feet apart (ground distance). The map shall show all of the following information, unless the information is waived by the Town Engineer or Planning Director:

(a) Map(s) showing area(s) of property which is (are) affected by geologic conditions posing potential safety hazard(s) and areas subject to inundation or ponding;

(b) The edges of pavement of existing paved roads and driveways within the public right-of-way and easements or within private rights-of-way and easements;

(c) Location of existing property lines and approximate boundaries of existing easements within the subdivision with the names of the owners of record of easements, exclusions, the properties abutting subdivision;

(d) The proposed lot and street layout with scaled dimensions and area of each lot;

(e) The location of all proposed public easements;

(f) Street names, widths of streets, whether public or private, and easements, approximate street grades and radii of curves along property lines of each street;

(g) Typical cross-sections and profiles for streets showing pavement widths, curbs, sidewalks, grading and marginal strips, slopes of cuts and fills and other construction proposed;

(h) Dedications for public purposes and reservations and proposed disposition of all parcels and easements;

(i) Location, approximate grade, direction of flow and type of existing and proposed storm drainage channels, storm drains and retention and detention areas;

(j) Location, alignment and tops and bottoms of all banks of all natural drainage ways;

(k) Location of all existing and proposed utilities necessary to serve the subdivision;

(l) A vicinity map showing roads, adjoining subdivisions and other data sufficient to locate the proposed subdivision and show its relationship to community development;

(m) Boundary lines of existing land use zones (if more than one zoning exists on the property they shall be delineated);

(n) Statement or plan as to proposals for draining the areas subject to 100- and 250-year flooding or inundation by waters flowing into or from the subdivision;

(o) Preliminary grading plan;

(p) A map showing areas of property where evidence of known or possible archaeological site(s) are discerned;

(q) Map and statement indicating and describing any historical landmark;

(r) The net lot areas excluding access easements shall be calculated and shown on all maps;

(s) Location of rock outcroppings;

(t) Location of stands of trees;

(u) Species, trunk diameter and drip line of all trees 20 inches or more in circumference measured 24 inches above ground level and notation whether they will remain or be removed;

(v) Location of existing structures and notation whether they are to remain or be removed; and

(w) Location of geologic hazards.

(Prior Code, § 16.03.020) (Ord. 670, passed - -1998)

Information on the following matters shall be either on the tentative map or contained in a written statement accompanying the same.

(A) Site reconnaissance statement. Two copies of a statement of a site reconnaissance by a geotechnical or certified engineering geologist regarding slide conditions, existing or anticipated; geologic features; topography; soil conditions within or immediately adjoining the proposed development and their effect on the design of the proposed subdivision; and

(B) Statement regarding hazardous waste. Pursuant to Cal. Gov’t Code § 65962.5, before the tentative map application may be accepted as complete, the subdivider shall submit a signed statement to the Planning Director indicating whether the subdivision is located on a site which is included on any of the local lists prepared by the California Integrated Waste Management Board of all solid waste facilities from which there is a known migration of hazardous waste. The Secretary for Environmental Protection maintains a statewide list and will distribute this information to any person upon request.

(Prior Code, § 16.03.030) (Ord. 670, passed - -1998)

Tentative map shall comply with all requirements of the town code, including, but not limited to this title and the State Subdivision Map Act, as amended.

(Prior Code, § 16.03.040) (Ord. 670, passed - -1998)

The review procedures for tentative subdivision maps shall be as set forth in this section.

(A) Determination of completeness. Upon receipt of a tentative subdivision map and any accompanying information, the Planning Director shall make a determination of application completeness pursuant to § 16.08.020 of this code.

(B) Incomplete applications. Applications deemed incomplete shall be subject to the procedures set forth in § 16.08.020 of this code.

(C) Transmittal. If the application is found to be complete, the Planning Director shall transmit copies of the tentative map together with accompanying data to such public agencies and utilities as may be concerned or required by Cal. Gov’t Code §§ 66453 and 66455.

(D) Town Engineer review. The Town Engineer shall submit a written report to the Planning Director of recommendations in relation to the requirements of this chapter, the Subdivision Map Act and other applicable ordinances and regulations and changes that are necessary for proper consideration of the map.

(1) Water and sewer recommendations. If the tentative map proposes sewage disposal by a means other than a public sewer system or water supply by means other than a public facility, then the applicant shall consult with the Regional Water Quality Control Board (RWQCB) and the Marin County Environmental Health Department and the Engineer’s report shall state whether the proposed method of sewage disposal or water supply does or does not create a biological or chemical water quality and/or health hazard. If it would create such a hazard then a proven and RWQCB approved alternate system may be recommended and such recommendation must be included as a condition of approval of the tentative map. If no satisfactory method of sewage disposal or water supply is presented, then the tentative map shall be disapproved. If the tentative map shows sewage disposal by a public sewer system or water by means of a public water system, then the Planning Director shall, within three days after the filing of the tentative map, transmit a copy thereof to the appropriate water or sewer agency with a request that the agency report within ten days showing its ability to serve the proposed subdivision.

(2) Transmittal to school districts. Within five days after accepting a tentative map application, the Planning Director shall send a notice of the acceptance to the governing board of any elementary school, high school or unified school district within the boundaries of which the subdivision is proposed to be located. The notice shall identify information about the location of the proposed subdivision, the number of units, density and other information which would be relevant to the affected school district. Within 15 days after receiving the notice, the school district may make recommendation to the town regarding the effect of the proposed subdivision upon the school district. If the school district fails to respond within 15 days the failure to respond shall be deemed approval of the proposed subdivision. The town shall consider any recommendations before acting on the tentative map.

(E) Planning Director review. The Planning Director shall submit a written report to the Planning Commission of recommendations in relation to the requirements of this chapter, the general plan, the zoning ordinance and the other applicable ordinances and regulations.

(F) Recommendations to subdivider. Pursuant to Cal. Gov’t Code § 66452.3, all recommendations and reports prepared by town staff on the tentative map shall be forwarded to the subdivider prior to any hearing or action on the map. In instances of a residential condominium conversion, all tenants shall receive the town staff reports.

(Prior Code, § 16.03.050) (Ord. 670, passed - -1998)

(A) For minor subdivisions, the Planning Commission shall hold a public hearing and shall approve, conditionally approve or disapprove the tentative map within 50 days after the filing of the tentative map with the Planning Director. This time period shall commence after certification of the EIR or negative declaration, or a determination that the project is exempt from the requirements of Cal. Public Resources Code §§ 21000 et seq.

(B) For major subdivisions, the Planning Commission shall hold a public hearing and shall make its recommendation to the Town Council within 50 days after the filing of the tentative map with the Planning Director.

(Prior Code, § 16.03.060) (Ord. 670, passed - -1998)

In accordance with Cal. Gov’t Code § 66452.2, at the next regular meeting following the filing of the Planning Commission’s recommendation with it, the Town Council shall fix the meeting date at which the tentative map will be considered by it. The scheduled date shall be within 45 days of the Town Council meeting and the Town Council shall approve, conditionally approve, or disapprove, the tentative map within the 30-day period. The 45-day period shall commence after certification of the EIR or negative declaration or determination that the project is exempt from the requirements of Cal. Public Resources Code Division 13.

(Prior Code, § 16.03.070) (Ord. 670, passed - -1998)

(A) Notification of any public hearings shall be given pursuant to Cal. Gov’t Code §§ 65090, 65091 and 66451.3(a).

(B) In addition, notice shall be given in accordance with the provisions of this section.

(1) A notice setting forth the time, place, purpose of hearing and map or physical description of the land involved shall be sent by mail at least ten days before the meeting to the following persons:

(a) All owners of real property subject to the subdivision of land; and

(b) Each property owner within 300 feet of the property subject to the subdivision of land.

(2) A notice setting forth the date, time and place shall be published at least ten days prior to the hearing date in a newspaper of general circulation in the town. The notice shall describe the proposed subdivision; describe the parcels, properties or areas that are affected by the subdivision request; and provide other pertinent information in such a manner that the subdivision request and its effect(s) can be clearly identified.

(Prior Code, § 16.03.080) (Ord. 670, passed - -1998)

Appeals of any Planning Commission decision on the tentative map for a minor subdivision shall be filed with the Town Clerk within ten days after the date of the decision, in accordance with Cal. Gov’t Code § 66452.5.

(Prior Code, § 16.03.090) (Ord. 670, passed - -1998)

Prior to approving an application for a tentative map, the Town Council shall find that all of the following are true:

(A) The proposed map is consistent with the general plan and any applicable specific plan or planned development plan or any other provision of this code;

(B) The design or improvement of the proposed subdivision is consistent with the general plan and any applicable planned development plan or specific plan or any other provision of this code;

(C) The site is physically suitable for the type of development proposed;

(D) The site is physically suitable for the proposed density of development;

(E) Neither the design of the subdivision nor any proposed improvements is likely to cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or their habitat;

(F) The design of the subdivision or type of improvement is not likely to cause significant public health problems;

(G) 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;

(H) Any land or improvement to be dedicated to the town is consistent with the general plan, or any other provision of this code;

(I) Except for minor subdivisions, that the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, as required by Cal. Gov’t Code § 66473.1;

(J) The subdivision will not violate existing waste discharge requirements prescribed by the Regional Water Quality Control Board, as required by Cal. Gov’t Code § 66474.6; and

(K) The proposed subdivision is compatible with the housing needs of the region, the public service needs of residents and available fiscal and environmental resources.

(Prior Code, § 16.03.100) (Ord. 670, passed - -1998)

Except as provided in Cal. Gov’t Code § 66452.6, an approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval. The expiration of the approved or conditionally approved 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 without first processing a new tentative map. The review authority may grant an extension of the expiration date for, a period or periods not to exceed three years. Requests for extensions shall be submitted in writing to the Planning Director prior to the expiration date. Upon submittal of an application by the subdivider to extend the expiration date of a tentative map, the expiration date shall automatically be extended until the application is acted upon by the review authority. If the review authority denies a subdivider’s application for extension, the subdivider may appeal the decision within ten days after the denial.

(Prior Code, § 16.03.110) (Ord. 670, passed - -1998)