San Anselmo Municipal Code Art. 5 Tentative Maps

(a) Form. Tentative maps shall be drawn to a size and scale to clearly show the details of the plan.

(b) Information. Every tentative map shall contain the following information:

(1) Location map. A key map indicating the location of the proposed subdivision in relation to the surrounding area or region;

(2) Title. The tract name, date, north point, scale, and sufficient boundaries to define the proposed tract;

(3) Names and addresses. The names and addresses of the recorded owners, subdividers, engineers, or surveyors;

(4) Adjacent streets. The location, names, and present width and grades of adjacent or abutting roads, streets, and ways;

(5) Streets. The location, names, widths, and approximate grades of all roads, streets, ways, and rights-of-way in the proposed subdivision or to be offered for dedication;

(6) Contour lines. Contour lines spaced sufficiently close to clearly show the land slope. Spot elevations shall be shown in flat areas;

(7) Flood zones. The location of all areas subject to inundation or storm water overflow, the location, width, and direction of flow of all watercourses, and the boundaries of any flood zones shown on the latest issue of the Flood Insurance Rate Map issued by the Federal Insurance Administration;

(8) Easements. The proposed width and location of all easements for drainage, sewer, public utilities, access, and other purposes;

(9) Lots. The approximate dimensions of all lots and radii of all curves;

(10) Structures. The location of all existing structures to remain on the property;

(11) Cross sections. Typical cross sections and the proposed grades of all streets, ways, and alleys and details of curbs, gutters, sidewalks, and other improvements at a scale to show clearly all details thereof; and

(12) Building setback lines. The proposed building setbacks from the proposed property lines shall be shown for each lot.

(c) Accompanying data. Information on the following matters shall be either on the tentative map or contained in a written statement accompanying the map:

(1) Drainage The proposed drainage and/or flood control measures;

(2) Water supply. Detailed information on the proposed water supply, indicating that the provisions of subsection (f) of Section 10-2.301 of Article 3 of this chapter can be complied with;

(3) Sewage disposal. Detailed information on the proposed sewage disposal facilities, indicating that the provisions of subsection (g) of Section 10-2.301 of Article 3 of this chapter can be complied with;

(4) Public utilities. Information on service from other public utilities;

(5) Uses. The existing and proposed uses of property;

(6) Public areas. The public areas proposed;

(7) Trees, shrubs, and ground cover. All planting proposed, including erosion control planting; and

(8) Exceptions. The justifications and reasons for any exception to the provisions of this chapter.

(d) Additional requirements. Tentative maps shall conform to all the requirements of Article 2 of this chapter.

(Ord. 839, eff. July 14, 1983)

(a) When required. A tentative map shall be filed with the Planning Director for any division of land into five (5) parcels or more when:

(1) Such division of land is defined as a subdivision in the Subdivision Map Act of the State;

(2) A tentative map is required by said Act; or

(3) Such division of land is defined as a subdivision in subsection (b) of Section 10-2.102 of Article 1 of this chapter.

(b) Fees. The subdivider, at the time of filing the tentative map, shall pay a filing fee established by resolution. If revisions of the initial map are filed, no additional fee need be paid, but if such additional maps or revisions show land other than, or in addition to, that shown on the initial map, or if the time for filing a final map has expired, such map shall be considered as a map of a new subdivision.

(c) Acceptance. The time of filing a tentative subdivision map shall be construed to be the time at which the map is accepted by the Planning Director.

(d) Receipts. Upon such acceptance a receipt shall be given for the map, accompanying data, and filing fee. Such acceptance, however, shall not preclude the securing of additional information from the subdivider as necessary for the proper consideration of the tentative map, nor shall such acceptance insure that the map does comply with the laws and the provisions of this chapter.

(Ord. 839, eff. July 14, 1983)

(a) Action by the Town Engineer. Within five (5) working days after the receipt of the tentative map and accompanying statements, the Town Engineer shall transmit copies to all utility companies, school districts, and other public agencies affected by the proposed subdivision, together with requests for recommendations thereon.

(b) Notices of hearings. Notices of the public hearings pursuant to this section shall be given in accordance with Sections 66451.3 and 66451.4 of the Government Code of the State.

(c) Action by the Commission. Within thirty (30) days after the acceptance of the map by the Planning Director, unless such time is extended by agreement with the subdivider or his agent, the Commission shall meet and consider the tentative map, together with all reports pertaining thereto, and shall approve, conditionally approve, or disapprove the map. Such action shall be endorsed on the face of the tentative map. In the event the tentative map is disapproved, the reasons for such disapproval shall be stated in clear and concise terms in the minutes, together with a clear and concise statement of what, if any, changes will render the map acceptable. One copy each of the tentative map and the minutes setting forth the action of the Commission shall be sent to the subdivider. One copy shall remain permanently in the files of the Planning Department.

(d) Findings. The Commission, in approving a tentative map, shall make the finding that the subdivision, together with the provisions for its design and improvement, is consistent with the General Plan of the Town.

(e) Denial: Criteria. The Commission shall deny the approval of a tentative map or a tentative parcel map if the Commission makes any of the following findings:

(1) That the proposed map is not consistent with applicable General and Specific Plans;

(2) That the design or improvement of the proposed subdivision is not consistent with applicable General and Specific Plans;

(3) That the site is not physically suitable for the type of development;

(4) That the site is not physically suitable for the proposed density of development;

(5) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

(6) That the design of the subdivision or the type of improvements is likely to cause serious public health problems; or

(7) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or the use of property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that such easements will be substantially equivalent to ones 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, and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or the use of property within the proposed subdivision.

(f) Previously approved maps. The Commission shall not deny the approval of a final or parcel map if the Commission has previously approved a tentative map for the proposed subdivision and if the Commission finds that the final or parcel map is in substantial compliance with the previously approved tentative map.

(Ord. 839, eff. July 14, 1983)

(a) Vesting Tentative Map Statute. 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, referred to in this section as the Vesting Tentative Map Statute.

(b) Purpose. It is the purpose of this article to establish the procedures necessary for the implementation of the provisions of the Subdivision Map Act and local laws pertaining to subdivisions. Except as otherwise set forth in this section, all the provisions of this Code pertaining to subdivisions shall apply to this section.

(c) 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 not permitted by the zoning or other provisions of this Code.

(d) Definitions. For the purposes of this section:

(1) "Vesting tentative map" shall mean a "tentative map" as defined in this chapter which map guarantees the applicant's right for a period of time as specified in this section to proceed with the development of the subject property in substantial compliance with the approved tentative map and with the ordinances, policies, and standards in effect at the time the application for a vesting tentative map is determined to be complete.

(2) A vesting tentative map shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with subsection (f) of this section and is thereafter processed in accordance with the provisions of this section.

(3) All other definitions set forth in this chapter shall be applicable.

(e) Application.

(1) This section shall apply only to residential developments prior to January 1, 1988, but, subsequent to such date, shall apply to both residential and nonresidential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this Code, requires the filing of a tentative subdivision map or tentative parcel map for a development, a vesting tentative map may instead be filed in accordance with the provisions of this section.

(2) 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.

(f) 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 this chapter for a tentative map, except as follows:

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

(2) At the time a vesting tentative map is filed, a subdivider shall also concurrently apply for, and provide application material for, environmental and design review approval and any use permits required by the zoning designation.

(3) The subdivider shall also supply any additional information required and meet any additional requirements imposed by the Town during the vesting tentative map approval process.

(4) The subdivider shall secure Town approval of the additional required items set forth in this subsection prior to receiving approval of the vesting tentative map.

(g) Fees. Upon filing a vesting tentative map, the subdivider shall pay all fees required by resolution for the filing and processing of a vesting tentative map, including those fees required for separate but associated and required applications.

(h) 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 this chapter for the expiration of the approval or conditional approval of a tentative map.

(i) Vesting on approval of vesting tentative maps.

(1) 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 Section 66474.2 of the Government Code of the State.

(2) Notwithstanding the provisions of subsection (1) of this subsection, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following is 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; or

(ii) The condition or denial is required in order to comply with State or Federal laws.

(3) The rights-referred to in this subsection (i) shall begin upon the approval of the vesting tentative map. The rights referred to in this subsection (i) shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in subsection (h) of this subsection. If the final map is approved, such rights shall last for the following periods of time:

(i) An initial time period of one year beyond the recording of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the initial time period shall begin for each phase when the final map for such phase is recorded.

(ii) The initial time period set forth in subsection (i) of this subsection shall be automatically extended by the amount of time required for processing a complete application for a grading permit or for design or architectural review if the time required for processing such application exceeds thirty (30) days from the date a complete application is filed.

(iii) 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 (i) of this subsection expires. If the extension is denied, the subdivider may appeal such denial to the Council within ten (10) days.

(iv) If the subdivider submits a complete application for a building permit during the periods of time set forth in subsections (i), (ii), and (iii) of this subsection, the rights referred to in this subsection shall continue until the expiration of such permit or any extension which has been approved for such building permit.

(j) Amendments. An approved or conditionally approved vesting tentative map shall be subject to the same amendment procedures and fees as established by this chapter for a tentative map.

(Ord. 880, eff. April 24, 1986, as amended by § 1, Ord. 894, eff. January 21, 1988)