Pinole Municipal Code Ch. 16.12 Tentative Maps

* For statutory provisions on tentative maps, see Gov. Code § 66452 et seq.

Filing and approval of tentative maps of minor subdivisions of four or less lots shall be as provided in Sections 16.12.020 through 16.12.050. (Ord. 244 § 3(part), 1967: Ord. 89 § 3.1(part), 1955).

Two copies of the tentative map of a proposed subdivision' of any land into four or less lots shall be filed, together with a filing fee of ten dollars per lot shown on the tentative map, with the City Clerk who shall immediately transmit it to the planning commission. (Ord. 244 § 3(part), 1967: Ord. 193 § 1(part), 1963: Ord. 89 § 3.1(a), 1955).

The tentative map shall show the dimensions of the proposed lots or division and any other information deemed necessary by the planning commission. (Ord. 89 § 3.1(b), 1955).

The planning commission shall determine whether the proposed minor subdivision is in conformity with law and this chapter, whether the size and shape of the proposed lots is in general conformance to city requirements, and whether all the proposed lots will have proper and sufficient access to a public street. Approval shall be by vote of a majority of the members of the planning commission and shall be noted by endorsement on the map. One copy of the approved map shall be retained in the files of the planning commission. (Ord. 244 § 3(part), 1967: Ord. 89 § 3.1(c), 1955).

Approval of the tentative map with amendments, if any, shall be deemed as final approval and no final map need be submitted except a parcel map shall be submitted as provided in Sections 16.12.190 through 16.12.290 of this chapter. The planning commission may, however, require that all the provisions of this chapter pertaining to subdivision into five or more lots be complied with where it is the opinion of the planning commission that the intent is ultimately to subdivide in. five or more lots. (Ord. 244 § 3(part), 1967: Ord. 89 § 3.1 (d), 1955).

Filing and approval of tentative maps of subdivisions of five or more lots shall be as provided in Sections 16.12.070 and 16.12.080. (Ord. 89 § 3.2(part), 1955).

Twelve copies of a tentative map and statement of the proposed subdivision of any land into five or more lots shall be filed with the City Clerk who shall immediately transmit it to the planning commission at least fifteen days prior to the meeting of the planning commission, at which consideration is desired, together with a filing fee of twenty-five dollars. (Ord. 89 § 3.2(a), 1955).

The planning commission shall transmit copies of such tentative map to the city engineer and may transmit copies to other departments and public agencies having any interest therein, as it deems advisable. Upon receipt of a copy of such tentative map, each department to whom or to which, the same has been transmitted, shall examine the map to ascertain if same conforms to the requirements coming within the authoritative scope of such department, and within ten days after receipt thereof, each department shall make a written report to the planning commission. If the map conforms to the requirements coming within its authorized scope, such department shall so state within its report to the planning commission. If the map does not conform to such requirements, or any of them, such department shall so state in the report, noting therein the particulars in which the map does not conform. (Ord. 89 § 3.2(b), 1955).

Tentative maps shall be eighteen by twenty-six in size and to a scale of one inch equals one hundred feet, unless otherwise approved by the planning commission, and shall be clearly and legibly reproduced. (Ord. 89 § 3.2(c), 1955).

The tentative map shall contain the following information:

A. The subdivision name or number, date, north point, scale, and sufficient description to define the location and boundaries of the proposed subdivision;

B. The name and address of record owner or owners of the subdivision;

C. The name and address of the subdivider;

D. The name, business address, and number of the registered civil engineer, or licensed surveyor, who prepared the map of the subdivision;

E. Elevations and contours at intervals of five feet referred to city of Pinole datum, to determine slope of the land and the high and low points thereof, unless approval is obtained from the city engineer to allow greater intervals;

F. The locations, names, widths and approximate grades of all roads, streets, highways and ways in the proposed subdivision and along the boundaries thereof;

G. The location and character of all existing or proposed public utility facilities in the subdivision, or on the adjoining and contiguous highways, streets and ways;

H. The approximate widths, location and purpose of all existing or proposed easements contiguous to, and necessary to, the proposed subdivision;

I. Approximate lot layout and approximate dimensions of each lot and each to be numbered;

J. The outline of any existing buildings to remain in place, and their location in relation to existing or proposed street and lot lines;

K. Approximate location of all areas subject to inundation or storm water overflow, and the location, width, and direction of flow of all water courses;

L. Typical street sections and detail. (Ord. 89 § 3.3, 1955).

The statement to accompany map shall contain the following information:

A. Existing use, or uses, of the property;

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

C. Statement of the improvements and public utilities, including water supply and sewerage disposal, proposed to be made or installed, and of the time at which such improvements are proposed to be completed;

D. Public areas proposed;

E. Tree planting proposed;

F. Restrictive covenants proposed;

G. Itemized estimated costs of construction, to include structures, buildings and improvements for public use;

H. Justification and reasons for any exceptions to provisions of this chapter. (Ord. 89 § 3.4, 1955).

The planning commission shall determine whether the tentative map is in conformity with the provisions of law and of this chapter, and upon that basis, within thirty days after the filing of the tentative map, unless the subdivider has consented to an extension of time, approve, conditionally approve, or disapprove the same, and shall report such action direct to the subdivider and shall also transmit to the city engineer a copy of the tentative map, and a memorandum setting forth the action of the commission thereon. (Ord. 89 § 3.5(a), 1955).

The planning commission may require the subdivider to dedicate suitable areas for the parks and playgrounds, and set aside areas for schools and other public building sites that will be required for the use of the population which is intended to occupy the subdivision under the plan of proposed property uses therein. In all cases the planning commission shall suggest to the subdivider such measures as will make for excellence of residential, commercial, or industrial development. (Ord. 89 § 3.5(b), 1955).

The planning commission 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 is deemed unhealthful or unfit for human habitation or occupancy by the health officer of the city. (Ord. 89 § 3.5(c), 1955).

Following the approval of the tentative map, the subdivider shall furnish the city engineer with the following information, provided it has not been previously required:

A. The profile of each street, with tentative grades and typical street cross-sections, showing the width of roadways, location and width of sidewalks, curb and gutter;

B. A plan and profile of proposed sanitary sewers, storm drains and culverts, with grades and sizes indicated;

C. Proposed location of drainage structures, culverts and sewer manholes;

D. Contract plans and specifications for improvements to be constructed within the subdivision as specified by Chapter 16.24. (Ord. 89 § 3.6, 1955).

A. The subdivider, his or her agent, or others, or any builder of on site improvements shall submit a development plan to the city planning commission for approval by its subdivision review committee at any time after approval of the tentative map but at least thirty days prior to obtaining any building permit application for the proposed subdivision or portion thereof. Ten white prints of the development plan and the accompanying data shall be submitted. The development plan and the accompanying data shall be reviewed by the city engineer, city building inspector, superintendent of parks and such other city departments as may be concerned with the development plan. Recommendations of the technical staff shall be considered by the subdivision review committee of the city planning commission in acting upon the development plan.

B. Where lots are to be developed in groups of four or less by individual builders the planning commission may waiver all or part of the required data where such information is already provided by the tentative subdivision map. The provisions of this section may be waived by the planning commission where the building is to be owner occupied. (Ord. 186 (part), 1963: Ord. 143 § 1(part), 1960: Ord. 89 § 3.70, 1955).

The development plan shall be legibly drawn at a scale large enough to show clearly all details thereof, and the map of said plan shall contain the following information:

1. Finished grading;

2. The circulation system within the subdivision and its connection with the system outside of the subdivision, incorporating any pedestrian paths and proposed transit routes;

3. Relation of the subdivision to prevailing winds;

4. Relationship of shape and size of each house to shape, size and finished contours of its lots;

5. Relationship of one house to another and to any living areas, planting areas or screening between houses;

6. Planting, if any, to serve as screens, buffers, shade control or decoration to enhance neighborhood design or outdoor and indoor living areas;

7. A complete unit of the subdivision with houses correctly located and any main planting areas shown, to indicate that houses are placed on their lots considering grade, views, wind and relationship of adjacent or neighboring houses or structures;

8. Detailed drawing of typical dwellings, including floor plan, size plan and exterior elevations indicating application to the typical dwelling of the provisions of this section. (Ord. 143 § 1(part), 1960: Ord. 89 § 3.71, 1955).

A. Upon receipt of the recommendation of the agencies and departments reviewing the development plan, the subdivision review committee shall approve, approve conditionally, or disapprove the development plan.

B. The subdivision review committee shall consider the effect which the approval of any subdivision might have on the economic, social, and esthetic characteristics of the surrounding neighborhood. When the subdivision shall be deemed by the city planning commission to comprise a complete community or neighborhood unit or other area possessed of a unified character or identity, and when varying from the strict and literal interpretation of the height, area, parking or yard requirements of Title 17 of this code will, in the opinion of the subdivision review committee, improve the design and development of the subdivision, the committee shall have authority to grant upon such conditions and safeguards as it may determine such varying therefrom as it may deem necessary to assure the most desirable development of the subdivision.

C. The subdivision review committee may require the preservation of such features as existing trees or tree masses, or root outcrops.

D. In the event that such development plan is disapproved or conditionally approved, the subdivision review committee shall return to the subdivider one copy of the plan with a statement of the reason for its action and a statement of what changes would be necessary to render the plan acceptable. Another copy of the plan, together with a copy of the statement, shall remain permanently in the files of the city planning commission and one copy of the aforesaid statement shall be sent to the following:

• 1. The city engineer;
• 2. The city building inspector; and
• 3. The superintendent of parks.

E. Should the subdivider be dissatisfied with any action of the subdivision review committee with respect to the development plan, or the kinds, nature or extent of the improvements recommended by the committee to be required, he or she may within fifteen days after such action, appeal in writing to the city planning commission for a public review thereof by the entire city planning commission. The city planning commission shall hear the appeal, upon notice to the subdivider at its next succeeding regular meeting at which time it shall consider the opinions of the subdivider and the recommendations of its subdivision review committee. Upon conclusion of the review the commission upon vote concurred in by a majority

of its members shall accept, modify, or reject the recommendations or findings of the subdivision review committee. In the event that the subdivider is dissatisfied with the action taken by the planning commission, he or she may appeal in writing to the City Council for a public hearing thereon, as provided for in Chapter 16.36.

F. Upon final approval of a development plan, one copy of the approved plan shall be retained permanently in the files of the city planning commission and one copy of the plan shall be transmitted to each of the following; the city engineer, the city building inspector and the superintendent of city parks. Subsequent building and planting within the subdivision by the subdivider or his or her agents shall be in accordance with the approved development plan.

G. In the event that the subdivider wishes to alter the development plan subsequent to its approval, he or she shall submit, together with his or her proposed revisions, reasons therefor which the subdivision review committee shall find proper and adequate prior to considering the proposed revisions. The subdivision review committee shall act upon the proposed revision within five working days of receipt thereof by the planning commission. (Ord. 143 § 1(part), 1960: Ord. 89 § 3.72, 1955).

Upon approval of the tentative map of subdivision of four lots or”less by the planning commission and within one year thereof, a parcel map shall be prepared by a registered civil engineer or licensed land surveyor and presented to the city engineer, for examination, together with a checking fee of twenty-five dollars and a recording fee of five dollars for the first sheet and two dollars for each additional sheet. (Ord. 244 § 3(part), 1967: Ord. 89 § 3.11(a), 1955).

The parcel map shall show the definite location of streets or property lines bounding the property for the purpose of showing proposed street widening, conformity with proposed building setback lines, and other information required by the planning commission for the orderly administration of the zoning and building regulations. (Ord. 244 § 3(part), 1967: Ord. 89 § 3.11(b), 1955).

The parcel map may be compiled from recorded or filed data when survey information exists on filed maps to sufficiently locate and retrace the exterior boundary lines of the parcel map and when the location of at least one of these boundary lines can be established from an existing monumented line. (Ord. 244 § 3 (part), 1967: Ord. 89 § 3.11(c), 1955).

Within twenty days after receiving the parcel map, or within such additional time as may be reasonably necessary, the city engineer shall examine it for the survey information shown thereon, and if he or she is satisfied that it is technically correct, he or she shall place the following certification on the map:

“CITY ENGINEER'S CERTIFICATE

This map has been examined this day of , 19 for conformance with the requirements of Section 11575 of the Subdivision Map Act.

Signed

City Engineer”

(Ord. 244 § 3(part), 1967: Ord. 89 § 3.11(d), 1955).

Information on the parcel map shall contain the information described in Sections 16.12.240 and 16.12.280. (Ord. 244 § 3(part), 1967: Ord. 89 § 3.12 (part), 1955).

It shall be a map legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black or tracing cloth or polyester base film, including certificates. It ink is used in polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. (Ord. 244 § 3(part), 1967: Ord. 89 § 3.12(a), 1955).

The size of each sheet shall be eighteen by twenty-six inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly and 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. (Ord. 244 § 3 (part), 1967: Ord. 89 § 3.12(b), 1955).

Each parcel shall be numbered or otherwise designated. (Ord. 244 § 3 (part), 1967: Ord. 89 § 3.12(c), 1955).

The exterior boundary of the land included within the parcel or parcels being created shall be indicated by colored border. The map shall show definite location of such parcel or parcels, and particularly its relation to surrounding surveys. The definite location of the remainder of the original parcel need not be shown. (Ord. 244 § 3(part), 1967: Ord. 89 § 3.12(d), 1955).

Certificates shall appear on a parcel map as follows:

“SURVEYOR'S CERTIFICATE

This map was prepared by me or under my direction (and was compiled from record data) (and is based on a filed survey) in conformance with the requirements of the Subdivision Map all at the request of (name of person authorizing map) on , 19 hereby certify (that it conforms to the approved tentative map and the conditions of approval thereof; that) all provisions of applicable state law and local ordinances have been complied with.

Signed and sealed

L.S. (or R.C.E.) No.

RECORDER'S CERTIFICATE

Filed this day of , 19 at m

in Book of at page at the request of

Signed

County Recorder”

(Ord. 244 § 3(part), 1967: Ord. 89 § 3.13(a), 1955).

After affixing his or her certificate as required in Section 16.12.220 above the city engineer shall present the map to the county recorder for filing. (Ord. 244 § 3(part), 1967: Ord. 89 § 3.13(b), 1955).

A. General Provisions.

1. Citation and Authority. This section is enacted pursuant to the authority granted by Chapter 4.5 (Commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the state of California (hereinafter referred to as the Vesting Tentative Map Statute), and may be cited as the vesting tentative map ordinance.

2. Purpose and Intent. It is the purpose of this section to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and the subdivision ordinance. Except as otherwise set forth in the provisions of this section, the provisions of, the subdivision ordinance shall apply to the vesting tentative map ordinance. To accomplish this purpose., the regulations outlined in this section are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development.

3. Consistency. No land shall be subdivided and developed pursuant to a Vesting Tentative Map for any purpose which is inconsistent with the general plan and any applicable specific plan or is not permitted by the zoning ordinance or other applicable provisions of the municipal code.

4. Definitions.

a. VESTING TENTATIVE MAP. A tentative map for a residential subdivision, as defined in the Pinole subdivision ordinance, that shall have printed conspicuously on its face the words: “Vesting Tentative Map” at the time it is filed in accordance with subsection B1 of this section, and is thereafter processed in accordance with the provisions hereof.

b. All other definitions set forth in the Pinole subdivision ordinance are applicable.

5. Application.

a. This chapter shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the Pinole subdivision ordinance, requires the filing of a tentative map for a residential development, a vesting tentative map may instead be filed in accordance with the provisions hereof.

b. 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 to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

B. Procedures.

1. Filing and Processing. 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 the Pinole subdivision ordinance for a tentative map except as hereinafter provided.

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

b. At the time a vesting tentative map is filed, a subdivider shall also supply the following information:

i. Topography of the land with contour intervals as required by the city planning staff;

ii. Proposed street system and lot design;

iii. Areas proposed to be dedicated or reserved for parks, playgrounds, parkways, school sites, public or quasi-public buildings, and other such uses;

iv. Areas proposed for commercial uses, off-street parking, multiple-family and single-family dwellings and all other uses to be established within the district;

v. Proposed locations of buildings on the land;

vi. General elevations or perspective drawings of all proposed structures other than single-family dwellings;

vii. The existing natural land features, topography, rock outcrops, location of all trees which exceed six inches in diameter, tree masses and watercourses on and adjacent to the proposed development;

viii. Preliminary landscape and recreational plans;

ix. Preliminary grading proposed;

x. Engineering feasibility investigation, analyze conditions and make tentative conclusions and recommendations regarding the feasibility of constructing the proposed project; review and comment on such items as:

(A) Soils, slope, and geologic conditions and hazards, if any,

(B) Availability of utility services,

(C) Drainage,

(D) Traffic,

(E) Adequacy of planned structures;

xi. Proposed development schedule including all staging and phasing, if project is not to be developed as per unit. If project is to be developed in stages, the first phase shall be either:

(A) At least one-third the project ground area,

(B) A major tenant;

xii. Other data and information which may be deemed necessary by the planning commission or City Council for proper consideration of the application at the time of any public hearing.

2. Fees. Upon filing a vesting tentative map, the subdivider shall pay the fees in an amount set by resolution of the City Council , for the filing and processing of a vesting tentative map.

3. Expiration. The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by the subdivision ordinance or the expiration of the approval or conditional approval of a tentative map.

C. Development Rights.

1. Vesting on Approval of Vesting Tentative Map.

a. 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 described in Government Code, Section 66574.2. However, if Section 66474.2 of the Government Code is repealed, 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.

b. Notwithstanding paragraph a. of this subdivision, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:

i. 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.

ii. The condition or denial is required in order to comply with state or federal law.

c. The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in subsection B3 of this section. If the final map is approved, these rights shall last for the following period of time:

i. An initial time period of eighteen months 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.

ii. The initial time period set forth in subparagraph i above shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds thirty days, from the date a complete application is filed.

iii. A subdivider may apply for a one-year extension at any time before the initial time period set forth in subparagraph i expires. If the extension is denied, the subdivider may appeal that denial to City Council within fifteen days.

iv. If the subdivider submits a complete application for a building permit during the periods of time specified in subparagraphs i through iii above, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

d. The rights conferred by this section shall be for the time periods set forth in subsection C1c of this section.

2. Applications Inconsistent with Current Policies. Notwithstanding any provision of this chapter, 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 C1a and C2 of this section, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

D. Effective Date. The effective date of the ordinance codified in this section is January 1, 1986. (Ord. 478 § 2, 1986).