Hillsborough Municipal Code Ch. 16.20 Tentative Maps

A tentative map (and a final map), as defined in the Subdivision Map Act, shall be required for all subdivisions. The tentative map shall be processed in accordance with the Subdivision Map Act and such additional requirements as are provided in Title 16 of the Municipal Code.

(Ord. No. 696, 7-11-2011)

A. The tentative map shall be legibly drawn to the satisfaction of the city engineer and shall include all the requirements set forth in the Tentative Map Information Policy prepared by the city engineer, Subdivision Map Act, and this Code.

B. The proposed street name for each street to be dedicated to the town shall be indicated on the tentative map. Any street that is a continuation of or is in the line of prolongation of any existing dedicated street shall be given the same name as the existing, dedicated street. If, in the judgment of the city engineer, any proposed street name (i) duplicates, or is confusingly similar to, the name of any existing street in town or in the general community served by the same police, fire, and other emergency services, or (ii) is otherwise inappropriate, the city engineer shall direct the subdivider to choose a different proposed street name and indicate that on the tentative map. The final decision as to street names shall be made by the city council in conjunction with the tentative map approval process.

C. The width of existing rights-of-way shall be shown. If it is proposed to enlarge an existing right-of-way, the increased width of such right-of-way shall be shown.

D. If it is impossible or impractical to place upon the tentative map any matter required by this chapter, such matter or information shall be furnished in a written statement which shall be submitted with such map.

E. The tentative map shall be accompanied by a current title guaranty report or letter by a title company qualified to do business in the state of California, showing all parties whose consent is necessary to pass clear title to the land being subdivided. If the subdivider is not the current owner of the property, a consent letter from the owner shall be provided. All legal forms and notes used in certificates, acknowledgments, and the like shall be in a form acceptable to the city attorney and city engineer.

F. The tentative map shall, when practical, provide for town emergency access drives (as defined in Section 16.28.040 A.) and/or pedestrian pathways connecting to adjacent public streets as approved by the city council.

(Ord. No. 696, 7-11-2011)

A. The tentative map shall be filed with the city engineer, together with the appropriate filing fee and supporting documentation. The filing fee shall be set by resolution of the city council in an amount determined from time to time by the city council to be a reasonable fee for covering the costs of processing the tentative map.

B. Before accepting any tentative map for filing, the city engineer shall examine it as to its compliance with provisions of this chapter and all other applicable laws and policies and shall require such compliance before allowing the map to be filed.

C. Within five days of determining that the tentative map application is complete pursuant to Government Code Section 65943, the city engineer shall send a notice of this determination to the boards of the Hillsborough City School District and the San Mateo Union High School District as set forth in Government Code Section 66455.7 or successor provision.

(Ord. No. 696, 7-11-2011)

A. The city engineer shall make his or her written report on the tentative map to the city council within the time period provided in by Government Code Section 66452.1 or successor provision. Such report shall recommend approval, conditional approval, or disapproval of the map and shall state the reasons therefore, together, where applicable, with recommended changes or revisions or conditions. Where the health, safety, or welfare of the town would be adversely affected by adherence to the minimum subdivision requirements, the city engineer may recommend and the city council may direct that the lot size, setback, frontage, and/or other particulars of the subdivision be increased or adjusted as reasonably necessary to avoid or mitigate the adverse effect.

B. The city engineer shall make available to the subdivider a copy of the city engineer's report or recommendation on the tentative map as provided in Government Code Section 66452.3 or successor provision.

C. The city council shall hold a public hearing and consider the application's compliance with CEQA, the adoption or approval of the appropriate CEQA document in a public hearing. Following adoption or approval of the appropriate CEQA document, the city council shall hold a public hearing to review the city engineer's report and determine whether the tentative map complies with the Subdivision Map Act and this Title. This public hearing may be held either at the regular meeting at which the city engineer makes his or her written report on the map and where CEQA document is adopted or approved, or at a subsequent meeting, the date of which shall be set in accordance with Government Code Section 66452.2 or successor provision. The city council may disapprove any one or more of the proposed street names, in which case the subdivider and the city council shall agree on a different street name (which does not duplicate, and is not confusingly similar to, the name of any existing street in town or in the general community served by the same police, fire, and other emergency services) in place of any disapproved one.

D. The city engineer shall cause notice of the meeting at which the city council will hold the public hearing and consider the tentative map to be given as set forth in Chapter 1.20 for a Type A notice.

(Ord. No. 696, 7-11-2011)

A. An approved or conditionally approved tentative map shall expire at the conclusion of the applicable time period under Government Code Section 66452.6 or successor provision.

B. Upon application filed by the subdivider prior to the expiration of the approved or conditionally approved tentative map, the time at which the map expires may be extended by the city council for a maximum of twelve additional months, as set forth in Government Code Section 66452.6(a) or successor provision, and may be further extended by the city council, as set forth in Government Code Section 66452.6(e) or successor provision.

C. As set forth in Government Code Section 66452.6(d), the expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map shall be filed for all or any portion of the subdivision without first processing a new tentative map. Delivery of an acceptable final map to the city engineer shall be deemed a timely filing for purposes of this paragraph.

D. In the event of subsequent amendments to the Subdivision Map Act, the then-current provisions of the Subdivision Map Act with respect to the subject matter of this Section 16.20.050 shall govern.

(Ord. No. 696, 7-11-2011)

A. As authorized by Chapter 4.5 of the Subdivision Map Act, whenever a provision of the Subdivision Map Act or this title requires that a tentative map be filed, a vesting tentative map may be filed instead. If a vesting tentative map is filed, it shall be subject to Chapter 4.5 or successor provision of the Subdivision Map Act, as implemented by this Section 16.20.060. If a subdivider does not seek the rights conferred by the vesting tentative map statute, the filing of a vesting tentative map shall not be a prerequisite for any proposed subdivision, permit for construction, or work preparatory to construction.

B. 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, provided that:

1. Any map filed as a vesting tentative map shall have printed conspicuously on its face the words "Vesting Tentative Map;"

2. If any discretionary approval, such as rezoning or annexation, is applicable to the proposed development, such approval shall be obtained prior to or simultaneously with the filing of the vesting tentative map.

C. The provisions of Section 16.20.050 regarding expiration of a tentative map shall likewise apply to a vesting tentative map. These provisions regarding map expiration are similar to a tentative map.

D. 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 city engineer determines (pursuant to Sections 16.20.020 and 16.20.030) that the vesting tentative map application is complete pursuant to Government Code Section 65943 or successor provision; provided, however, that this general rule is subject to the following exceptions or modifications:

1. If, prior to determining that the map is complete, the town has initiated proceedings in accordance with Government Code Section 66464.2 or successor provision to amend applicable general or specific plans or zoning or subdivision ordinances, the town may apply any ordinances, policies, or standards enacted or instituted as a result of those proceedings which are in effect on the date that the local agency approves or disapproves the map.

2. The town may condition or deny a permit, approval, extension, or entitlement if the condition or denial is required in order to comply with state or federal law, or if the failure to so condition or deny would place the residents of the subdivision or the mediate community, or both, in a condition dangerous to their health or safety.

3. 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 the general rule above, and the town may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Ord. No. 696, 7-11-2011)