San Francisco County Municipal Code Art. 4 Tentative Maps

Sec. 1620. Pre-Filing Conference. Sec. 1621. Application Packet. Sec. 1622. Tentative Map and Accompanying Documents. Sec. 1624. Filing. Sec. 1625. Referral to Other Agencies. Sec. 1626. Time Limit for Agency Review. Sec. 1627. Agency Reports.

Sec. 1628. Subdivision Conference. Sec. 1629. Director's Consolidated Report. Sec. 1630. Conditions. Sec. 1631. Action: Advisory Agency's Decision. Sec. 1632. General Plan and Redevelopment Plan Consistency Determination. Sec. 1633.1. Vesting Tentative Maps. Sec. 1633.2. Vesting Tentative Map Requirements. Sec. 1633.3. Rights Conveyed. Sec. 1633.4. Vesting Tentative Maps – Inconsistency with Ordinances and Other Standards. Sec. 1634. Agency Review and Approval of Subdivision Maps.

SEC. 1620. PRE-FILING CONFERENCE. Prior to filing a Tentative Map, the Subdivider may elect to submit to the Director preliminary maps, plans and other data concerning a proposed subdivision. Within 14 days after the receipt of said material, the Director will hold a conference with the Subdivider, Planning Department and any other interested agencies, including the San Francisco Redevelopment Agency, to discuss the proposed subdivision. This procedure is optional and does not waive the requirements for filing a Tentative Map. (Added by Ord. 304-04, File No. 041544, App. 12/24/2004) SEC. 1621. APPLICATION PACKET. The initial action in connection with the making of any subdivision for which a Tentative Map is required shall be the preparation of the Application Packet. Section 1622, and with respect to Vesting Tentative Maps Sections 1633.1 and 1633.2, of this Code and the Regulations adopted thereunder cover the preparation of the component parts of said Application Packet. (Added by Ord. 304-04, File No. 041544, App. 12/24/2004; Ord. 209-10, File No. 100661, App. 8/3/2010) SEC. 1622. TENTATIVE MAP AND ACCOMPANYING DOCUMENTS. (a) The Tentative Map shall be prepared by a qualified and duly licensed professional land surveyor or civil engineer. (b) The Tentative Map shall contain the following data, as appropriate, in sufficient detail to enable the Director and other agencies to evaluate the proposed subdivision: (1) Title, as required by the Subdivision Regulations; (2) Explanatory notes, as required by this Code and the Subdivision Regulations; and (3) Topographic map of the proposed subdivision and adjacent lands showing the existing conditions and the proposed changes, as required by the Subdivision Regulations. (c) The Tentative Map shall conform to the Subdivision Regulations regarding format and contents. The Director, for Transfer Maps and where otherwise appropriate in accordance with the Subdivision Regulations, may waive or defer Tentative Map requirements or may authorize deletion or reduction of any Tentative Map requirements not required by the SMA on the determination that the Tentative Map contains sufficient information to be evaluated adequately and preparing it in the prescribed form would impose a hardship upon the Subdivider. Where requirements are waived or deferred, appropriate conditions may be included on the Tentative Map for providing such waived or deferred requirements. (d) The Tentative Map shall be accompanied by the following documents, as provided in the Subdivision Regulations: (1) Statement. A written statement shall contain the following information: (i) Existing use or uses of the property, including whether or not there are existing tenancies and the conditions and terms thereof; (ii) Description of the proposed subdivision, including, if known, the number of lots or units, their sizes and intended uses, nature of the development, and the total area of the development represented by each use;

(iii) Any improvements proposed to be constructed or installed including the source of water supply and the sewage disposal proposed, and the tentative schedule for the start and completion thereof; (iv) Whether the Subdivider intends to file a Final Map or a Parcel Map; (v) Description of exceptions or waivers that are requested; and (vi) If the Subdivider plans to file multiple Final Maps on portions of the area covered by the Tentative Map, the Subdivider shall submit a written notice to this effect. (2) Environmental Evaluation Data. Data shall be supplied on the appropriate Planning Department forms for an environmental evaluation or in appropriate format when necessary to satisfy requirements for environmental review under the California Environmental Quality Act. (Added by Ord. 304-04, File No. 041544, App. 12/24/2004) SEC. 1624. FILING. (a) The Application Packet, together with the initial fee payment, shall be filed with the Director. (b) The date of filing shall be the date when a complete Application Packet has been accepted by the Director. (c) The Director shall determine whether an Application Packet is complete and notify the Subdivider within 30 days of the date of the submittal of the Application Packet. If the Director determines that the Application Packet is not complete, the notice to the Subdivider shall list all of the information necessary to comprise a complete Application Packet. (Added by Ord. 304-04, File No. 041544, App. 12/24/2004; Ord. 209-10, File No. 100661, App. 8/3/2010) SEC. 1625. REFERRAL TO OTHER AGENCIES. Within three working days after a complete Application Packet has been filed with the Director, the Director shall forward copies to the Agency, the Planning Department, the Bureau of Engineering, the Department of Building Inspection, the SFMTA, the Public Utilities Commission, the City Attorney and other appropriate Government Agencies and City Agencies for their review. (Added by Ord. 304-04, File No. 041544, App. 12/24/2004; Ord. 209-10, File No. 100661, App. 8/3/2010) SEC. 1626. TIME LIMIT FOR AGENCY REVIEW. (a) The time limit for government agency and City Agencies review shall be 30 days from the date the Director determines that an Application Packet is complete. (b) The time limit for government agency and City Agencies s review may be extended by mutual consent of the Subdivider and the Director. (Added by Ord. 304-04, File No. 041544, App. 12/24/2004; Ord. 209-10, File No. 100661, App. 8/3/2010) SEC. 1627. AGENCY REPORTS. Each reviewing agency shall report, in writing, to the Director its findings on and recommendation for approval, conditional approval or denial of an Application Packet subject to and in accordance with the Plan and Plan Documents. The Subdivider may request from the Director, and shall be provided with, any or all copies of such findings and recommendations. The Planning Department's report shall include a finding on consistency with the General Plan. The Agency's report shall include a finding of consistency with the Plan and Plan Documents. (Added by Ord. 304-04, File No. 041544, App. 12/24/2004; Ord. 209-10, File No. 100661, App. 8/3/2010)

SEC. 1628. SUBDIVISION CONFERENCE. No later than five days after expiration of the review time limits set forth in Section 1626, the Director at his or her discretion may hold a subdivision conference to discuss the map application, unless the Subdivider has requested a conference or has filed a notice of intent to file multiple Final Maps, in which case the conference is mandatory. Written notice of such conference shall be sent to the Subdivider, and to all agencies that will be submitting or have already submitted a report on the Application Packet. (Added by Ord. 304-04, File No. 041544, App. 12/24/2004; Ord. 209-10, File No. 100661, App. 8/3/2010) SEC. 1629. DIRECTOR'S CONSOLIDATED REPORT. (a) Whenever a subdivision conference is held, the Director shall prepare a written report on the findings or recommendations discussed in the conference, attaching thereto copies of the reports from, or comments made at the subdivision conference by, other agencies. A copy of said report shall be sent to each participant in the subdivision conference. Said report shall be prepared by the Director within five working days after the subdivision conference but in no event less than five days prior to any public hearing on the subject map. (b) Whenever a public hearing is required or the Director elects to hold a public hearing, the Director shall provide to the Subdivider the Director's report or recommended findings and the findings and recommendations received from the reviewing agencies. Said information or report shall be submitted within five working days after expiration of the review time limits. Said information or report shall be made available to the public prior to the public hearing. In the event a subdivision conference is required, a public hearing shall be held after such conference, no earlier than five drays following preparation of the Director's report thereon, and within the time periods set forth in the SMA. (Added by Ord. 304-04, File No. 041544, App. 12/24/2004) SEC. 1630. CONDITIONS. (a) Conditions on approval of a Tentative Map, Vesting Tentative Map, or Parcel Map, or Improvement Plans or agreement may relate wholly or in part to any improvements or structures required pursuant to the Plan or Plan Documents or which may be constructed within, or associated with, the subdivision, as well as to the subdivision itself. (b) Subject to Section 1612.1, conditions may be required to be fulfilled before or after such filing of the related Final or Parcel Map. Where such conditions are to be fulfilled after filing of the related Final Map, the Subdivider shall, where appropriate, enter into an Improvement Agreement and furnish security for compliance with those conditions including, but not limited to, security satisfying the requirements of California Government Code Section 66499, pursuant to the provisions of Article 6 and Article 8 of this Division. (c) No conditions shall be imposed on a Tentative Map, Vesting Tentative Map or Parcel Map or Improvement Plans or Improvement Agreement that are not consistent with, exceed the limitations set forth in, or otherwise conflict with the Plan or Plan Documents. (d) The provisions of this Code providing for Vesting Tentative Maps do not enlarge, diminish, or alter the types of conditions which may be imposed on a development, nor in any way diminish or alter the City's power to protect against a condition dangerous to the public health or safety. (Added by Ord. 304-04, File No. 041544, App. 12/24/2004; Ord. 209-10, File No. 100661, App. 8/3/2010) SEC. 1631. ACTION: ADVISORY AGENCY'S DECISION. (a) Within 50 days after the filing of a complete application for the Tentative Map, unless the time has been extended by mutual consent of the Subdivider and the Director, the Director shall take action on the map application by approving, conditionally approving or disapproving the Tentative Map. If the map is disapproved, the Director shall also state the reasons for disapproval. (b) Copies of the Director's decision shall be sent to all agencies that submitted reports to the Board and to the public as set forth in Section 1614. (c) The City shall comply with all time limitations and requirements for processing subdivision maps in the SMA, including, without limitation, those in Government Code Section 66452.4.

(Added by Ord. 304-04, File No. 041544, App. 12/24/2004) SEC. 1632. GENERAL PLAN AND REDEVELOPMENT PLAN CONSISTENCY DETERMINATION. (a) Whenever a property is to be subdivided, the Department of Planning shall report on the question of consistency of the subdivision with the General Plan and the Agency shall report on consistency with the Plan and the Plan Documents. (b) The Director shall approve, conditional approve, or disapprove the proposed subdivision, consistent with the SMA, subject to any decision on appeal by the Board of Supervisors. (c) When the Department of Planning or the Agency finds, subject to any decision on appeal by the Board of Supervisors, or when the Board of Supervisors finds, that a proposed subdivision will be consistent with the Plan, Plan Documents or General Plan only upon compliance with certain conditions, the Director shall incorporate said conditions in his or her conditional approval of the proposed subdivision. (Added by Ord. 304-04, File No. 041544, App. 12/24/2004; Ord. 209-10, File No. 100661, App. 8/3/2010)

(a) Vesting Tentative Transfer Maps. (1) Whenever a provision of this Code allows for filing of a Transfer Map, the Subdivider may file a Vesting Tentative Transfer Map and Final Map. (2) Except as otherwise provided in Sections 1633.2 through 1633.4 of this Code, a Vesting Tentative Transfer Map shall be subject to the same procedures, requirements, and other Code Provisions as a Transfer Map. (b) Vesting Tentative Maps for Development Purposes. (1) Whenever a provision of this Code requires that a Tentative Map or Parcel Map be filed, the Subdivider may file instead a Vesting Tentative Map and Final Map. (2) Except as otherwise provided in Sections 1633.2 through 1633.4 of this Code, a Vesting Tentative Map shall be subject to the same procedures, requirements and other Code provisions as any other Tentative Map. (Added by Ord. 304-04, File No. 041544, App. 12/24/2004; Ord. 209-10, File No. 100661, App. 8/3/2010)

(a) Vesting Tentative Transfer Maps. In addition to meeting the requirements otherwise applicable to Transfer Maps, any Subdivider applying for approval of a Vesting Tentative Transfer Map also shall, at the time the Vesting Tentative Transfer Map is filed: (1) Have printed conspicuously on the face of the map the words "Vesting Tentative Transfer Map." (2) Have printed conspicuously on the face of the map the words "FOR PURPOSES OF CONVEYANCING, FINANCING, AND/OR VESTING ONLY." (3) Provide such additional information as required in Section 1333.2 of this Code; provided, however, that the Director, in his sole discretion, may waive some or all of such requirements to the extent permitted under the SMA. (b) Vesting Tentative Maps for Development Purposes. In addition to meeting the requirements otherwise applicable to Tentative Maps, any Subdivider applying for approval of a Vesting Tentative Map shall also, at the time a Vesting Tentative Map application is filed: (1) Have printed conspicuously on the face of the map the words "Vesting Tentative Map." (2) Provide such additional information as required in Section 1333.2 of this Code; provided, however, that the Director, in his sole discretion, may waive some or all of such requirements to the extent permitted under the SMA. (Added by Ord. 304-04, File No. 041544, App. 12/24/2004; Ord. 209-10, File No. 100661, App. 8/3/2010)

(a) Approval of a Vesting Tentative Transfer Map shall confer a vested right to proceed with future development approvals as set forth in Chapter 4.5 of the SMA, Sections 66498.1 et seq. (b) Approval of a Vesting Tentative Map shall confer a vested right to proceed with development as set forth in Chapter 4.5 of the SMA, Sections 66498.1 et seq. (c) The rights referred to in Subsections (a) and (b) shall expire if a Final Map is not approved before expiration of the related Vesting Tentative Transfer Map or Vesting Tentative Map under California Government Code Section 66452.6 and this Code. If a Final Map is approved, the development right referred to in Subsection (a) shall continue during the following period of time: (1) Two years from recording of the approved Final Map. Where several Final Maps are recorded on various phases of a project covered by a single Vesting Tentative Transfer Map or Vesting Tentative Map, this initial time period shall begin for each when the Final Map for that phase is recorded. Where the City uses more than 30 days to process a completed application for a grading permit or for design or architectural review, or such other period of time as provided in the Plan Documents, this initial time period shall be extended by the processing time, counted from the date the application was completed. (2) An additional period of not more than one year, if the proposed Subdivider applies for such an extension at any time before the expiration of the period provided in Subsection (b)(1), and if the Department of Public Works determines that such extension will not prejudice the interests of the public or other private parties. If the Department of Public Works does not act on an application for extension within 40 days after receiving it, it shall be deemed disapproved. The proposed Subdivider may appeal by filing a written appeal with the Clerk of the Board of Supervisors not later than 15 days after the disapproval. Any such appeal shall be heard at the time and under the procedural rules then applicable to appeals from denial of Tentative Maps. (3) If the Subdivider submits a complete building or site permit application before the expiration of the applicable period stated in Subsection (b)(1) or (b)(2), the period during which that application is being processed and the period of the life of any corresponding building or site permit, or any extension thereof. (4) If a Final Map is recorded based upon a Vesting Tentative Transfer Map or Vesting Tentative Map and the development rights under this Section expire, the Final Map remains in effect without those rights. (Added by Ord. 304-04, File No. 041544, App. 12/24/2004; Ord. 209-10, File No. 100661, App. 8/3/2010)

ORDINANCES AND OTHER STANDARDS. (a) Subsections 1633.1 through 1633.3 relate only to conditions and requirements imposed by the City and do not affect the obligation of a Subdivider to comply with the conditions and requirements of State or federal laws, regulations or policies. (b) Notwithstanding any other provision of this Code, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies or standards applicable under Section 1633.3(a), and the City may grant such approvals or issue such permits to the extent consistent with the Plan and Plan Documents and permitted by otherwise applicable City Regulations. (Added by Ord. 304-04, File No. 041544, App. 12/24/2004; Ord. 209-10, File No. 100661, App. 8/3/2010) SEC. 1634. AGENCY REVIEW AND APPROVAL OF SUBDIVISION MAPS. (a) Notwithstanding any provision of the Subdivision Code to the contrary, a Tentative Map shall not be deemed finally approved until the Agency in accordance with the Plan and Plan Documents, reviews and approves the Tentative Map to ensure that it is consistent with the Plan and the Plan Documents. The Agency shall also have the right to review any amendment to the Tentative Map, or a subsequent Tentative Map. (b) The Applicant shall submit copies of its Application Packet for a Tentative Map, and the Application Packet for an amendment to a Tentative Map or a subsequent Tentative Map, to the Agency when it submits the Application Packet to the Director. The Agency, in accordance with the Plan and Plan Documents, shall approve, disapprove or approve with conditions the Tentative Map, amendment to the Tentative Map, or a subsequent Tentative Map within 30 days following the date the Director determines that the Application Packet is complete, unless such time has been extended pursuant to Section 1626 of the Subdivision Code. The Agency shall deliver the determination to the Director of Public Works in writing, with a copy to the Applicant. (c) Notwithstanding any provision of the Subdivision Code to the contrary, in accordance with the Plan and Plan Documents, a proposed Final Map or Parcel Map shall not be deemed finally approved for recordation unless and until the Agency reviews and

approves or is deemed to have approved the proposed Final Map or Parcel Map. The Agency shall approve the proposed Final Map or Parcel Map if: (i) development of the area covered by the proposed Final Map or Parcel Map is consistent with the Plan and Plan Documents or project approvals issued by the Agency, if any; and (ii) the conditions that were imposed upon approval of the Tentative Map to provide infrastructure improvements consistent with the Plan and Plan Documents have been satisfied, or the performance of such conditions is otherwise secured by an Improvement Agreement. (d) The Applicant shall submit copies of all proposed Final Maps or Parcel Maps to the Agency at the same time such proposed Final Maps or Parcel Maps are filed with the Director. The Agency shall, in accordance with the Plan and Plan Documents, approve, disapprove, or approve with conditions the proposed Final Maps or Parcel Maps within 30 days following receipt of the complete Final Map or Parcel Map from the Applicant, by delivering a determination to the Director of Public Works, with a copy to the Applicant. (Added by Ord. 304-04, File No. 041544, App. 12/24/2004; Ord. 209-10, File No. 100661, App. 8/3/2010)