Chapter 19.12

TENTATIVE MAPS*

Sections:

*State law references— For statutory provisions on maps generally, see Gov. Code § 66425 et seq.; for provisions on tentative maps, see gov. Code § 66452 et seq.

19.12.040 Application for environmental clearance required when.

19.12.050 Grading plan and information on surrounding area.

19.12.060 Preliminary geologic and/or soil report.

19.12.100 Distribution - To schools and school districts.

19.12.110 Evaluation of environmental impact.

• 19.12.120 Consideration by director - Notice - Hearing authorized when.

19.12.130 Action by director - Conditions for approval or disapproval.

19.12.140 Rivers and streams - Dedication - Access requirements.

19.12.150 Rivers and streams - Dedication - Easement requirements.

19.12.160 Rivers and streams - Access routes and easements to be shown.

19.12.180 Coastlines and shorelines - Access requirements.

19.12.190 Lakes and reservoirs - Access requirements.

19.12.220 Disapproval of tentative map authorized when.

Any person proposing a subdivision of five or more lots, or four or less lots at the city engineer's

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direction, lying wholly or partially within the City of San José shall file with the director by depositing with the planning department 20-five copies and reproducible transparency of a tentative map thereof. Upon receipt of such map an authorized member of the planning department shall stamp or write on each copy of the tentative map the date such map was received by the planning department, and shall return one copy of such map to the person who filed same. Such map shall thereafter be processed and approved, conditionally approved or disapproved by the director in accordance with the Subdivision Map Act and with the terms and provisions of this Title 19.

(Prior code § 9207; Ords. 22126, 26734.)

• A. An application for a tentative map may be filed and processed concurrently with either:

  1. A petition to rezone the property which is the subject of the tentative map application; or

  2. Petitions to prezone and annex the subject property to the city.

• B. When a tentative map application is filed concurrently pursuant to this chapter, the subdivider shall sign a statement acknowledging that the time limits for action by the director on the application as established by the Subdivision Map Act shall not commence until either:

  1. The adoption date of the ordinance that rezones the property which is the subject of the tentative map application; or

  2. The later effective date of:

     • a. An ordinance that prezones the subject property; or

     • b. A reorganization which annexes the subject property to the city.

• C. A tentative map may be approved after final adoption of the ordinance rezoning the property, but shall contain a condition that no final map may be approved unless and until the

referendum period has expired without challenge for the ordinance rezoning the property. (Ords. 24245, 24546.)

Whenever a tentative map is filed with the director, the subdivider shall be required to provide a statement indicating:

• A. That he is the owner of the property proposed for subdivision; or

• B. That he has an option or contract to purchase the property proposed for subdivision or the portion thereof which he does not own; or

• C. That he is the authorized agent of one who meets the requirements of subsection A. or B. of this section.

(Prior code § 9217.)

Tentative maps which are required to be filed with the director shall be prepared under the direction of a licensed land surveyor or registered civil engineer, shall be clearly and legibly drawn to scale, shall be of such size and form as may be prescribed by the director, and shall clearly show and contain all of the following:

• A. The commercial name of the proposed subdivision and the subdivision tract number, if any has been assigned, placed in the lower right-hand corner of the map;

• B. The date and scale of the map, north point, and the approximate dimensions of the boundary of the subdivision;

• C. Sufficient description to permit the property embraced by the map to be located on the ground, including a key map drawn to a scale of 500 feet to the inch, showing the property in relation to the adjacent land and adjacent public streets and freeways;

• D. The names and addresses of the record owner, the subdivider and the civil engineer or land surveyor under whose direc-

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tion the map was prepared, including the registration number and telephone number of the engineer or surveyor;

• E. The names and/or numbers of adjacent subdivisions and the names of the record owners of unsubdivided property adjoining the proposed subdivision;

• F. The proposed use of the property being subdivided;

• G. A statement regarding existing and proposed zoning of the property being subdivided;

• H. The location of potentially dangerous areas within and adjacent to the proposed subdivision, including areas subject to stormwater overflow, inundation, flood hazard or geological hazard, the location, width and direction of flow of all watercourses and flood-control channels, the location of culverts, and all natural or man-made drainage devices within and adjacent to the proposed subdivision;

• I. The approximate location of all existing buildings on the property proposed to be subdivided which are to be retained in the subdivision;

• J. The approximate location of any existing well or wells on the property proposed to be subdivided;

• K. The approximate location and description of significant natural vegetation and trees, rock outcroppings, general slopes, natural drainage courses and other natural features within the proposed subdivision, together with an indication as to whether such features may be retained in the subdivision;

• L. The approximate radius of each centerline or right-of-way line for streets in the proposed subdivision;

• M. The approximate lot layout, the approximate dimensions of each lot, and an identifying number of each lot in the proposed subdivision;

• N. The angle of intersecting streets if such angle deviates from a right angle by more than four degrees;

• O. The width, purpose and approximate location of all existing easements or rightsof-way (other than for freeways, streets and alleys), whether public or private, within the proposed subdivision:

• P. The location, name (if existing), width and approximate grade of existing and proposed easements or rights-of-way for freeways, streets and alleys, whether public or private and pedestrian ways within the proposed subdivision, together with typical cross-sections showing the proposed construction of proposed streets within the proposed subdivision, whenever such proposed construction does not accord with the standard cross-sections for right-way widths, roadway widths, sidewalk widths, planting strip widths and median widths for various streets contained in Section 19.36.030:

• Q. If any streets or alleys shown on the tentative map are proposed to be private streets or alleys, they shall be clearly indicated, and there shall be submitted supplemental information to the city to show why such private streets or alleys should be approved by the city;

• R. The source of water supply for domestic purposes and fire protection for the proposed subdivision;

• S. The proposed method of sewage disposal and drainage for the proposed subdivision;

• T. Contour lines showing one-foot contours for ground slopes of less than five feet vertical distance, and 100 feet horizontal distance; and five-foot contours for ground slopes in excess of five feet vertical distance, and 100 feet horizontal distance. Contours of land adjacent to the proposed subdivision shall also be shown whenever the surface features of

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such land affect the design and/or improvement of the proposed subdivision. The source of contours shown on the map shall also be supplied;

• U. Sufficient space, at least eight inches by eleven inches, for certificates, approvals, etc., shall be supplied; provided, however, that if it is impracticable to place upon the tentative map any matter required by this section, such matter or information shall be furnished in a written statement which shall be submitted with such map in the same number of copies as the tentative map;

• V. Proposed public areas, such as school sites and park sites, within the proposed subdivision and on lands immediately adjacent thereto.

(Prior code § 9208.)

No tentative map, except those affecting a division of land which is exempt from the EIR requirements of Title 21 of the San José Municipal Code, shall be accepted for filing with the director, by depositing the same with the planning department, unless it is accompanied by a completed application for environmental clearance in the form of application approved by the director. (Prior code § 9207b.)

Whenever a proposed subdivision embraces any hillside area or areas subject to inundation, the subdivider shall be required to file with the director, at the time of filing the tentative map, a preliminary grading plan covering the hillside area of the proposed subdivision or the area of the proposed subdivision subject to inundation. The plan shall be prepared by a civil engineer who is registered by the state of California, and shall indicate the existing and proposed topography and the cut-and-fill areas of said portions of the proposed subdivision, those

existing structures to be retained within the proposed subdivision, and those existing structures outside the proposed subdivision within 50 feet of every part of the exterior boundaries of such proposed subdivision and such additional information in sufficient detail to enable the director to determine the feasibility of the proposed development and the relationship of the proposed subdivision to surrounding areas. The director may, except in cases of proposed subdivisions for which a final map is required by the Subdivision Map Act, waive the requirements of this section, if the director finds that application of this section to a proposed subdivision is unreasonable or impracticable because of the topography, size or shape, or proposed use of the land to be divided.

(Prior code § 9209.)

• A. When Required. When the tentative map is filed, the director, on the advice of the city engineer, shall determine whether a preliminary geologic and/or soil report is required. If, due to previous investigation or knowledge of the geologic conditions and soil qualities of the subdivision and adjacent territory, the director, on the advice of the city engineer, determines that no geologic hazards are present, no geologic and/or soil report will be required for the tentative map. If in the same manner, the director, on the advice of the city engineer, determines that uncorrectable geologic hazards are present, the tentative map shall be disapproved. If neither of the foregoing determinations can be made, the director shall require that a preliminary geologic and/or soil report be filed.

• B. Preparation. The preliminary report shall be prepared by a civil engineer or engineering geologist who is registered by the state of California, specializing in the field of soil and geologic analysis. Geologic investigation shall be performed under the supervision of an engineering geologist registered and certified by the state, except that geologic investigation,

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not for the purpose of determining engineering data, may be supervised by a geologist registered by the state. Soil investigation shall be performed under the supervision of a civil engineer registered by the state specializing in the field of soil analysis.

• C. Basis. The preliminary report shall be based on a field geologic and/or soil investigation of the proposed subdivision and such surrounding territory as may in the opinion of the director be necessary, and on an analysis of the design of the proposed subdivision and of the proposed and existing structures within said subdivision and such surrounding territory. Geologic and soil information shall be based on adequate test borings, excavations, earth tests, and/or such other investigations, analyses and sources of information as are necessary, in the opinion of the director, on the advice of the city engineer, to determine the presence or absence of geologic hazards.

• D. Contents. The preliminary report shall determine the existence, potential existence or likelihood of any geologic hazards. If geologic hazards are found within or adjacent to the proposed subdivision, or may affect such subdivision, proposed or existing structures, or adjacent territory, such hazards shall be considered in the report. The said report shall include a geologic map which shall show the boundaries of the areas in which such hazards exist, and the report shall recommend corrective measures to mitigate such hazards. If critical geologic hazards exist on or adjacent to the proposed subdivision, the said report and the tentative map for which the report is submitted shall list, lot by lot, every lot within the proposed subdivision which the critical geologic hazards are likely to affect, if not corrected.

in which such hazards exist, and the report shall recommend corrective measures to mitigate such hazards. If critical geologic hazards exist on or adjacent to the proposed subdivision, the said report and the tentative map for which the report is submitted shall list, lot by lot, every lot within the proposed subdivision which the critical geologic hazards are likely to affect, if not corrected.

• E. Action. The director shall act upon the preliminary report required within 30 days after such report is filed with him, and shall inform the subdivider of the results of such action.

• F. Hazards Not Identified-Hazards Inadequately Investigated-Corrective Measures Inadequate. If the director, on the advice of the city engineer, finds that, contrary to the preliminary report, geologic hazards do exist, or that such geologic hazards exist and have not been adequately investigated, analyzed or located, or that recommended corrective measures may not mitigate such geologic hazards, he shall disapprove the tentative map and require the subdivider to file a new tentative map and geologic and/or soil report.

• G. Uncorrectable Hazards. If the director, on the advice of the city engineer, determines that no corrective action will mitigate such geologic hazards, he shall disapprove the tentative map.

• H. Approval. The director, on the advice of the city engineer, shall not approve any tentative map for a proposed subdivision for which a preliminary report has been required unless such report has been filed and unless he is satisfied that all geologic hazards have been adequately identified and analyzed, and that adequate corrective measures have been recommended where indicated. If he is so satisfied, he shall approve the tentative map, subject to the condition that, where geologic hazards have been identified, the subdivider shall take whatever action the director, on the advice of the city engineer, deems necessary to mitigate such hazards, and subject to the further condition that if, before the final map is recorded the director, on the advice of the city engineer, finds that geologic hazards not previously identified do exist, or that geologic hazards have not been adequately identified, analyzed or located, or that corrective measures may be inadequate or that uncorrectable geologic hazards exist, approval of the tentative map shall be deemed to have lapsed.

• I. Use. When a preliminary geologic and/or soil report has been prepared, that fact shall be noted on the tentative map. Five copies of the said geologic and/or soil report shall be submitted to the director for review by the city

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and any other companies, officers, department, jurisdictions, agencies or bodies to which copies of the tentative map are sent for consideration pursuant to Section 19.12.090 and Section 19.12.120 of this chapter. (Prior code § 9210.)

At the time of filing a tentative map for a subdivision to be created from the conversion of a mobilehome park to a use which requires a conditional use permit pursuant to the provisions of Chapter 20.170 of the San José Municipal Code, the subdivider shall also file a report on the impact of the conversion upon the displaced residents of the mobilehome park to be converted. In determining the impact of the conversion on displaced mobilehome park residents, the report shall address the availability of adequate replacement space in mobilehome parks.

The subdivider shall make a copy of the report available to each resident of the mobilehome park at least fifteen days prior to the hearing on the map.

The subdivider may be required by the director or by the city council on appeal, to take steps to mitigate any adverse impact of the conversion on the ability of displaced mobilehome park residents to find adequate space in a mobilehome park. (Ord. 22126.)

A final geologic and/or soil report shall be compiled by the subdivider and submitted to the city engineer before the improvements required by the city for the subdivision are accepted. If no improvements are required by the city for the subdivision, the final geologic and/or soil report shall be filed before the final map or parcel map is recorded. The final geologic and/or soil report shall consist of the preliminary geologic and/or soil report and any supplemental reports, amendments, revisions and reviews covering the geologic and/or soil conditions of the subdivision, including those previously required and prepared under Section 19. 12.060, or under Section 17.04.280, in Uniform

Building Code subsection 7006(c), of the San José Municipal Code, or under Section 2622 and Section 2623 of Division 2 of the Public Resources Code of the state, or any ordinances subsequently enacted by the city pursuant to Chapter 7.5 of Division 2 of the Public Resources Code of the state.

(Prior code § 9210.1.)

Upon the filing of a tentative map with the director, fees shall be paid to the city as set forth in the schedule of fees established by resolution of council, provided that no such fee shall be required for the filing of an amended tentative map. (Prior code § 9207a; Ords. 20641, 21029, 21045, 21298.)

Upon the filing of the required number of copies of the tentative map, an authorized member of the planning department shall forthwith transmit a copy of such map to the city engineer and such city, county and state officers or departments, public utility companies serving the areas embraced by the map and such other jurisdictions, agencies or bodies as may be designated by the director or as required by the Subdivision Map Act, together with a request for a report and recommendation thereon to be returned to the director by filing with the planning department not later than fifteen days from the date said tentative map is received by such city engineer or company, officer, department, jurisdiction, agency or body. Failure of the city engineer or any company, officer, department, jurisdiction, agency or body to which such map was transmitted to submit such a report or recommendation within such fifteen-day period shall mean that the city engineer or such company, officer, department, jurisdiction, agency or body has no report or recommendation to submit concerning such tentative map. Any reports or recommendations on a tentative map by the staff of the City of San José made to the director or to the city council on appeal, shall be in writing, and a copy thereof

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shall be served personally or by mail on the subdivider and his engineer and on each tenant of the subject property in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, at least three days prior to any hearing or action on the tentative map by the director.

ness and Professions Code of the state, and in other cases may, prior to approval of the tentative map, submit the map to the Office of Intergovernmental Management pursuant to Section 12037 of the Government Code, and request an evaluation of the environmental impact of the proposed sub division.

(Prior code § 9211.1.)

(Prior code § 9211; Ord. 22126.)

Within ten days of the filing of a tentative map as provided in Section 19.12.010, an authorized member of the planning department shall send a notice of the filing of the tentative map to the governing board of any elementary, high school or unified school district within the boundaries of which the subdivision is proposed to be located. Such notice shall also contain information about the location of the proposed subdivision, the number of units, density, and any other information which would be relevant to the affected school district. Such governing board may review the notice and may send a written report thereon to the director. If a written report is made by the governing board, the report shall indicate the impact of the proposed subdivision on the affected school district and shall make such recommendations as the governing board of the district deems appropriate. If a written report is made by the governing board, such report shall be returned within 20 working days of the date on which the notice was mailed to the school district for comment. In the event that the governing board of any such district fails to respond within the 20-day period, such failure to respond shall be deemed approval of the proposed subdivision.

(Prior code § 9211a; Ord. 18570.)

Upon the filing of a tentative map, as provided in Section 19.12.010, the director shall, if the proposed subdivision shown on the map is a land project as defined by Section 11000.5 of the Busi-

• A. An authorized representative of the director shall notify the subdivider or his representative of the date on which the director shall consider the tentative map. At the time fixed for the consideration of the tentative map, the director shall consider the reports and recommendations, if any, of the city engineer, companies, officers, departments, jurisdictions, agencies or bodies to which the copies of the tentative map were sent.

• B. A public hearing shall be held whenever the approval of the tentative map by director would constitute a substantial or significant deprivation of property rights of other land owners. In addition, thereto, director at his discretion, may hold public hearings on the consideration of any tentative map. Notice of such hearings shall be given in the time and manner provided in Section 66451.3 and Section 66451.4 of the Subdivision Map Act.

• C. Director shall approve, conditionally approve, or disapprove the tentative map and shall report such action to the subdivider in accordance with Section 66452.1 of the Subdivision Map Act.

(Prior code § 9212; Ord. 22126.)

• A. Within 50 days after the tentative map has been filed with the director, or within such additional time as is mutually agreed upon by the director and the subdivider, the director shall report in writing on the map submitted

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to him, and the report shall approve, conditionally approve or disapprove the tentative map at the public hearing or action held thereon. The director shall report his action directly to the subdivider, and in the event of disapproval, the reasons therefor. The director shall not approve any tentative map for any subdivision (except for the conversion of an existing building into a condominium project or stock cooperative, unless new units are being added) unless the director has found that the proposed subdivision, together with the provisions for its design and improvement, as shown on the tentative map approved by the director, subject to the conditions imposed thereon by the director, is consistent with the applicable general and specific plans of the city. The director shall not approve the tentative map of any subdivision (except for the conversion of an existing building into a condominium project or stock cooperative, unless new units are being added) if the director makes any of the findings described in Section 66474 of the Subdivision Map Act. The director shall not approve any tentative map which covers a category or project not exempt from the EIR requirements of Title 21 of the San José Municipal Code, or not previously found by the director to have no significant effect on the environment, unless there has been filed with the director:

1. A negative declaration, meeting in all respects the requirements of Title 21 of the San José Municipal Code, finding that the proposed subdivision would not have a significant effect upon the environment which declaration has been filed at least ten days before action is taken by the director with reference to the tentative map with the county clerk of the County of Santa Clara, to which declaration no written protest has been filed in accordance with Section 21.32.100 of this Code, or in the event it has, such protest has not

been sustained by the commission after a hearing as prescribed by said Section 21.32.100; or

2. A final environmental impact report prepared in accordance with the procedures set forth in Title 21 of this Code, meeting in every respect all the requirements of said Title 21, covering the proposed subdivision will or will not have a significant effect on the said environment, which report is accompanied:

   • a. By the director's certification that the said report has been completed in compliance with the California Environmental Quality Act of 1970, as amended, the state guidelines and said Title 21, and

   • b. By the director's statement that he has reviewed and considered the information contained in the said report.

(Prior code § 9213; Ord. 22126.)

• A. Notwithstanding any of the provisions of Section 19.12.130, the director shall not approve any tentative map of any proposed nonindustrial subdivision for which a final map is required under the Subdivision Map Act, to be fronted upon a public waterway, river or stream which does not provide or have available, reasonable public access by fee or easement from a public highway to that portion of the bank of the river or stream bordering or lying within the proposed subdivision.

• B. Reasonable public access shall be determined by the director. In making the determination of which shall be reasonable access, the director shall consider all of the following:

  1. That access may be by public high. way, foot trail, bike trail, horse trail or any other means of travel;

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2. The size of the proposed subdivision:

3. The type of riverbank and the various appropriate recreational, educational and scientific uses including, but not limited to, swimming, boating, fishing, water skiing, scientific collection and teaching;

4. The likelihood of trespass on private property and reasonable means of avoiding such trespasses.

• C. A "public waterway, river or stream," for the purposes of Sections 19.13.130, 19.12.140, 19.12.150 and 19.12.160, means those waterways, rivers and streams defined in Sections 100 through 106 of the Harbors and Navigation Code, any stream declared to be a public highway, for fishing, pursuant to Sections 25660 through 25662 of the Government Code, the rivers listed in Section 1505 of the Fish and Game Code as spawning areas, and waterways, rivers and streams downstream from any state or federal salmon or steel. head fish hatcheries.

(Prior code § 9213.1.)

• A. Notwithstanding any of the provisions of Section 19.12.130, the director shall not approve a tentative map of any proposed nonindustrial subdivision for which a final map is required under the Subdivision Map Act, to be fronted upon a public Waterway, river or stream which does not provide for a dedication of a public easement along a portion of the bank of the river or stream bordering or lying within the proposed subdivision.

• B. The extent, width and character of the public easement shall be reasonably defined to achieve reasonable public use of the public waterway, river or stream consistent with public safety. The reasonableness and extent of the easement shall be determined by the director. In making the determination for reasonably de-

fining the extent, width and character of the public easement, the director shall consider all of the following:

1. That the easement may be for a foot trail, bicycle trail or horse trail;

2. The size of the proposed subdivision;

3. The type of riverbank, and the various appropriate recreational, educational and scientific uses including, but not limited to, swimming, diving, boating, fishing, water skiing, scientific collection and teaching;

4. The likelihood of trespass on private property and reasonable means of avoiding such trespasses.

(Prior code § 9213.2.)

Any public access route or routes and any easement along the bank of a public waterway, river or stream provided by the subdivider shall be expressly designated on the tentative and final subdivision map, and such maps shall expressly designate the governmental entity to which such route or routes and easements are dedicated, and the final map shall indicate whether such dedications have been accepted. The acceptance by any such governmental entity of any such dedication shall occur within three years of the approval of the final subdivision map at which time, unless accepted, such dedication shall be deemed abandoned. (Prior code § 9213.3.)

Nothing in Sections 19.12.140, 19.12.150 or 19.12.160 shall require the director to disapprove a tentative subdivision map solely on the basis that the reasonable public access otherwise required by Sections 19.12.140 and 19.12.150 is not provided through or across the subdivision itself, if the director makes a finding that such reasonable public access is otherwise available within a reasonable

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distance from the proposed subdivision. Any such finding shall be set forth on the face of the final subdivision map. (Prior code § 9213.4.)

• A. Notwithstanding any of the provisions of Section 19.12.130, the director shall not approve any tentative map of any proposed subdivision for which a final map is required under the Subdivision Map Act, fronting upon the coastline or shoreline, which proposed subdivision does not provide or have available reasonable public access by fee or easement from public highways to land below the ordinary high. water mark on any ocean coastline or bay shoreline within or at a reasonable distance from the proposed subdivision.

• B. Any public access route or routes provided by the subdivider shall be expressly designated on the tentative and final subdivision map, and such maps shall expressly designate the governmental entity to which such route or routes are dedicated, and the final map shall indicate whether such dedications have been accepted. The acceptance by any such governmental entity of any such dedication must occur within three years of the approval of the final subdivision map, after which time, unless accepted, such dedication shall be deemed abandoned.

• C. "Reasonable public access," as used in this section, shall be determined by the director.

• D. In making the determination of what shall be reasonable public access, the director shall consider:

  1. That access may be by public highway, foot trail, bicycle trail, horse trail, or any other means of travel;

surfing, walking, swimming, fishing, beachcombing, taking of shellfish and scientific exploration;

4. The likelihood of trespass on private property and reasonable means of avoiding such trespasses.

• E. Nothing in this section shall require the director to disapprove a tentative subdivision map solely on the basis that the reasonable public access otherwise required by this section is not provided through or across the subdivision itself if the director makes a finding that such reasonable public access is otherwise available within a reasonable distance from the proposed subdivision. Any such finding shall be set forth on the face of the final subdivision map.

• F. The provisions of this section shall not apply to the final or tentative map of any subdivision which is in compliance with the plan of any planned development or any planned community which has been approved by the city prior to December 31, 1968.

• G. Nothing in this section shall be construed as requiring the subdivider to improve any access route or routes which are primarily for the benefit of nonresidents of the subdivision area.

• H. Any access route or routes provided by the subdivider pursuant to this section may be conveyed or transferred to any state or local agency by the governmental entity to which such route or routes have been dedicated, at any future time, by mutual consent of such governmental entity and the particular state or local agency. Such conveyance or transfer shall be recorded by the recipient state or local agency in the office of the county recorder of the county in which such route or routes are located.

(Prior code § 9213.5.)

2. The size of the proposed subdivision;

3. The type of coastline or shoreline and the various appropriate recreational, educational and scientific uses including, but not limited to, diving, sunbathing,

requirements.

• A. Notwithstanding any of the provisions of Section 19.12.130, the director shall not approve

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any tentative map of any proposed subdivision for which a final map is required under the Subdivision Map Act, fronting upon any lake or reservoir which is owned, in part or entirely by any public agency, including the state, which proposed subdivision does not provide or have available reasonable access by fee or easement from public highways to any water of the lake or reservoir upon which the proposed subdivision borders, either within the proposed subdivision or a reasonable distance from the proposed subdivision.

• B. Any public access route or routes provided by the subdivider shall be expressly designated on the tentative and final subdivision map, and such maps shall expressly designate the governmental entity to which such route or routes are dedicated, and the final map shall indicate whether such dedications have been accepted. The acceptance by any such governmental entity of any such dedication shall occur within five years of the approval of the final subdivision map, at which time, unless accepted, such dedication shall be deemed abandoned.

• C. "Reasonable access," as used in subsections A and B of this section, shall be determined by the director.

• D. In making the determination of what shall be reasonable access, the director shall consider:

  1. That access may be by public highway, foot trail, bicycle trail, horse trail, or any other means of travel;

  2. The size of the proposed subdivision;

  3. The type of shoreline and the various appropriate recreational, educational and scientific uses including, but not limited to, swimming, diving, boating, fishing, water skiing, scientific exploration and teaching;

  4. The likelihood of trespass on private property and reasonable means of avoiding such trespasses.

• E. Nothing in this section shall require the director to disapprove either a tentative or final subdivision map solely on the basis that the

reasonable access otherwise required by this section is not provided through or across the subdivision itself if the director makes a finding that such reasonable access is otherwise available within a reasonable distance from the pro posed subdivision. Any such finding shall be set forth on the face of the final subdivision map.

• F. Any access route or routes provided by the subdivider pursuant to this section may be conveyed or transferred to any state or local agency by the governmental entity to which such route or routes have been dedicated, at any future time, by mutual consent of such governmental entity and the particular state or local agency. Such conveyance or transfer shall be recorded by the recipient state or local agency in the office of the county recorder of the county in which such route or routes are located.

(Prior code § 9213.6.)

Nothing in Sections 19.12.140 through 19.12.190 shall be construed as requiring the subdivider to improve any route or routes which are primarily for the benefit of nonresidents of the subdivision area or nonowners of the real property in question.

(Prior code § 9213.6a.)

Notwithstanding any of the provisions of Section 19.12.130, the director shall not approve any tentative map of any proposed subdivision, unless the director shall determine whether the discharge waste from such proposed subdivision, subject to the conditions imposed thereon by the director, into an existing community sewer system would result in violation of existing, requirements prescribed by California Regional Water Quality Control Board, pursuant to Division 7 (commencing with Section 1300) of the Water Code. In the event that the director finds that the proposed waste dis-

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charge would result in or add to violation of requirements of such board, the director may disapprove the tentative map of the subdivision. (Prior code § 9213.7.)

The director may disapprove a tentative map because of design, flood hazard, inundation, lack of adequate access, lack of adequate water supply or fire protection, insufficient sewerage or drainage facilities, geological hazards, when the only practical use which can be made of the property thereon is a use prohibited by any ordinance, statute, law or other valid regulation, or because of failure to comply with the requirements of the Subdivision Map Act or of this Title 19. (Prior code § 9214.)

If the subdivider or any interested person is dissatisfied with any action of the director with respect to the tentative map, he may, within ten days after such action, appeal to the city council in accordance with the provisions of the Subdivision Map Act. Any interested person adversely affected by a decision of the director with respect to a tentative map may file a complaint with the city council concerning any decision of the director within ten days after the action of the director which is the subject of the complaint. A public hearing shall be conducted on appeals or complaints provided for in this section. Notice thereof shall be given in the time and manner provided in Sections 66451.3 and 66451.4 of the Subdivision Map Act.

shall be considered and reported on by the director shall run from the time such amended tentative map is filed with the director.

(Prior code § 9216.)