San Jose Municipal Code Ch. 19.11 Ministerial Tentative Maps

A. Any person proposing a subdivision of five (5) or more lots, lying wholly or partially within the City of San José shall file a ministerial tentative map with the Director in a form prescribed by the Director. Upon receipt of such map, an authorized member of the Department of Planning, Building and Code Enforcement shall acknowledge and indicate either electronically or in writing the date such map was received by the Department of Planning, Building and Code Enforcement to the person who filed said map. Such map shall thereafter be processed and approved or disapproved ministerially by the Director in accordance with the Subdivision Map Act, when required by state law and with the terms and provisions of this Title 19.

B. All projects that utilize this Section shall comply with the objective standards contained in the Comprehensive Land Use Plan (CLUP) for the Reid-Hillview Airport, as adopted by the Santa Clara County Airport Land Use Commission, to the extent permitted by state law.

(Ord. 31298.)

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

A. They are the owner of the property proposed for subdivision; or

B. They have an option or contract to purchase the property proposed for subdivision or the portion thereof which they do not own; or

C. They are the authorized agent of one who meets the requirements of subsection A. or B. of this Section.

(Ord. 31298.)

Ministerial 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 five hundred (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 direction 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 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 lot layout, the approximate dimensions of each lot, and an identifying number of each lot in the proposed subdivision;

M. The approximate radius of each centerline or right-of-way line for streets 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 rights-of-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

Q. If any streets or alleys shown on the tentative map are proposed to be private streets or alleys, they shall be clearly indicated;

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 (5) feet vertical distance, and one hundred (100) feet horizontal distance; and five (5)-foot contours for ground slopes in excess of five (5) feet vertical distance, and one hundred (100) feet horizontal distance. Contours of land adjacent to the proposed subdivision shall also be shown whenever the surface features of 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 (8) inches by eleven (11) 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; and

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

(Ord. 31298.)

Upon the filing of a ministerial tentative map with the Director, fees shall be paid concurrently to the City as set forth in the schedule of fees established by resolution of the City Council.

(Ord. 31298.)

A. The Director shall approve or disapprove a ministerial tentative map in writing to the subdivider within the time prescribed by the Subdivision Map Act. The Director shall approve a ministerial tentative map that complies with state law and the City's objective standards.

B. The Director shall disapprove a ministerial tentative map that does not comply with state law or the City's objective standards. Findings for disapproval shall be made in a writing to the subdivider pursuant to the Subdivision Map Act, with the exception of a conversion of an existing building into a condominium project or stock cooperative, unless new units are being added.

(Ord. 31298.)

An application for a tentative map may be filed and processed concurrently with other ministerial applications such as described in Chapter 20.195, Ministerial Approvals, or as further allowed by California State Government Code.

(Ord. 31298.)

Whenever a subdivision is proposed on a property located in a Geologic Hazard Zone, as defined in Section 17.10.225 of Title 17, or sites located in the State of California Seismic Hazard Zone maps, a Geologic Assessment, Geologic Investigation, Geotechnical (Soil) Engineering Investigation, and Grading Plan, shall be required as part of the submittal packet. Any ministerial tentative map application for a parcel located in a Geologic Hazard Zone which fails to include the following supporting documentation shall be deemed incomplete.

A. The Grading Plan shall be prepared by a civil engineer who is registered with the State of California. The Grading Plan shall indicate the existing and proposed topography and the cut-and-fill areas of the proposed subdivision, the existing structures to be retained within the proposed subdivision, and the existing structures outside the proposed subdivision within fifty (50) feet of the exterior boundaries of the proposed subdivision, and may include any additional information to enable the Director to determine the feasibility of the proposed development and the relationship of the proposed subdivision to surrounding areas.

B. Geologic Assessment, Geologic Investigation, and Geotechnical (Soil) Engineering Investigation.

1. The 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, 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.

2. The 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. 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, said report and the ministerial 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.

3. 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 19.11.060, 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.

(Ord. 31298.)

Notwithstanding any of the provisions of Section 19.12.130, the Director shall not approve any ministerial 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 discharge would result in or add to violation of requirements of such board, the Director may disapprove the ministerial tentative map of the subdivision.

(Ord. 31298.)

A. Utility Providers and Other Outside Agencies. Upon the filing of the ministerial tentative map, an authorized member of the Department of Planning, Building, and Code Enforcement 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 Department of Planning, Building, and Code Enforcement not later than fifteen (15) days from the date said ministerial 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 (15)-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 ministerial tentative map.

B. School Districts. Within ten (10) days of the filing of a ministerial tentative map as provided in Section 19.12.010, an authorized member of the Department of Planning, Building, and Code Enforcement shall send a notice of the filing of the ministerial 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 twenty (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 twenty (20)-day period, such failure to respond shall be deemed approval of the proposed subdivision.

(Ord. 31298.)