San Mateo Municipal Code Ch. 26.04 General Provisions

This title shall be known and may be cited and referred to as the "San Mateo City Subdivision Code."

prior code § 139.01

This title is adopted pursuant to Section 11 of Article XI of the State Constitution, the State Subdivision Map Act and the City Charter. All terms used herein, which are defined in the Subdivision Map Act, shall have the same meaning as ascribed in said act except that, where appropriate from the context, the term "subdivision" shall be construed to include divisions of land other than those defined as subdivisions by said act. The provisions of this title are supplemental to the provisions of the Subdivision Map Act.

prior code § 139.02

The provisions of this title shall apply to the subdivision or other division of land for any purpose whatsoever within the City.

prior code § 139.03

This title is adopted to regulate the division of land and to require the construction of certain prescribed improvements which are needed as a consequence of the division of land in order to achieve the following purposes among others:

(1) To promote the public health, safety, convenience and general welfare;

(2) To insure the development of land in a manner consistent with the community objective as set forth in the general plan;

(3) To insure that all subdivision and development of land conforms to the primary objectives of preserving and enhancing the qualities of the community and such attributes as may hereafter be set forth in the general plan;

(4) To protect property in the City against deterioration and obsolescence;

(5) To preserve and protect the natural amenities of the community and to establish the character thereof, and through design, provide a harmonious relationship between the completed subdivision and its natural environment;

(6) To provide lots of adequate size and appropriate design for the purposes for which they are to be used;

(7) To protect the community to the maximum extent from: excessive stormwater runoff; wanton destruction of trees; increased soil erosion; earth movement; earthquake hazards; and other geological hazards;

(8) To make law enforcement and fire protection easier through orderly design in the development and construction of adequate facilities and improvements;

(9) To ensure, at the time of subdivision, the construction of adequate storm drainage, sewage disposal, and other utilities, services, and improvements needed as a consequence of the division of land;

(10) To ensure that governmental costs are minimized by requiring the installation of improvements of adequate size and quality;

(11) To provide streets of adequate capacity, with appropriate improvements; to provide access to abutting property and to carry the anticipated traffic; and to ensure that streets are designed so as to minimize hazards to the safety of vehicles and their occupants, as well as to pedestrians;

(12) To ensure that street rights-of-way are in harmony with the total environment and provide a sense of open space to that portion of the community;

(13) To provide pedestrian paths and other features for the safety and convenience of pedestrians desiring access to community facilities, for travel throughout the community, and for enjoyment of the natural amenities of that portion of the community;

(14) To minimize through traffic on residential streets;

(15) To make possible the coordination of subdivision development with the provision of public facilities such as parks, recreation areas and schools;

(16) To assist in implementing the general plan and especially such elements as the policy on land use and intensity of development and the preservation of natural amenities.

prior code 7 139.04

In interpretation and application, the provisions of this title shall be held to minimum requirements, except where they are expressly stated to be maximum requirements. It is not intended to impair or interfere with any private restrictions placed upon property by covenant or deed; provided, however, that where this title imposes a greater restriction upon the subdivision of land than is imposed or required by such private restrictions, the provisions of this title shall control.Whenever any provision of this title and any other provision of this code, or resolution of any kind, imposes overlapping or contradictory regulations with respect to the subdivision of land, or contains any restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards or requirements shall govern.Whenever requirements are set forth in general terms in this title, the details of such requirements may be set forth in policies adopted from time to time by the Planning Commission and/or the Council.

prior code § 139.05

In the application of these regulations, consideration will be given, within the established framework of local streets, to the provision of uniformity of street widths where appropriate and for a properly relating alignment of street names. Preservation of the privacy and safety of streets in residential areas shall be encouraged by the prevention of through traffic in such areas. The width and design of the streets required shall be directly related to the vehicular and pedestrian traffic-generating characteristics of the anticipated uses of the abutting land. Traffic capacities shall be provided to meet anticipated external travel needs, where appropriate. The number of intersections on thoroughfares shall be kept to a minimum consistent with the basic needs of ingress and egress. Intersections shall be so designed as to provide optimum safety for pedestrians and motorists and other users of the streets. Provisions shall be made for assuring adequate light, air and privacy on all parcels of property regardless of the land use. Topography and vegetation of exceptional character shall be respected, and streets shall be designed so as to prevent excessive grading and scarring of the landscape. Special care shall be taken in the design and construction to provide stable soil and subsoil conditions. Problems of drainage shall be resolved in such manner as to provide substantial security against excessive runoff or flooding, earth movements and excessive erosion.

prior code § 139.06

The general plan shall be considered the guide to the use and development of all land within the corporate limits of the City. The general plan shall be used as a guide to the character of land division, including lot size and arrangement; the type and extent of streets; utilities and public facilities that shall be provided by the subdivider; and other development policies as may from time to time be incorporated therein.

prior code § 139.07

All divisions of land shall conform with applicable specific plans adopted in conformance with the requirements of this code for the purpose of effectuating the general plan. All divisions of land shall conform to the zoning regulations, and where this chapter proposes standards lower than those of the zoning regulations, the latter shall prevail.

prior code § 139.08

(a) The Planning Commission is designated the advisory agency with respect to subdivisions, as provided by the Subdivision Map Act, and shall have all the powers and the duties with respect to subdivisions and other divisions of land specified in the Act and in this Title, with the exception of those divisions subject to a parcel map or lot line adjustment.

(b) The Development Review Board is designated the advisory agency with respect to those divisions of land subject to a parcel map pursuant to this Title except as may be filed for purposes of a lot line adjustment or merger.

(c) The City Engineer is designated as the advisory agency for review of lot line adjustments, merger applications, and certificates of compliance.

prior code § 139.09

The Zoning Administrator is authorized to review tentative subdivision maps and to make recommendations to the Planning Commission, and approve tentative parcel maps as provided by this Title.

prior code § 139.10

The Planning Commission may establish forms and procedures for filing maps and information required by this title provided they are not inconsistent with this title or the Subdivision Map Act.

prior code § 139.12

Temporary real estate sales or leasing offices housed in temporary structures may be permitted on the property being subdivided without affecting the subdivision map, or parcel map under which the division occurs. Permission for the temporary structure shall be limited to the period of construction, and the structure shall be removed within thirty (30) days after the complete sale or leasing of the subdivision, or within thirty (30) days after the certification of occupancy of a structure or a portion thereof of the subdivision, whichever is earlier. Such a permit for temporary sales use and temporary structures shall be subject to the conditions and procedures of title 27 of this code.

The Handicapped Access Regulations of the state as prepared by the Office of State Architect shall be followed wherever they are applicable.

Time periods specified under this title shall be subject to tolling pursuant to applicable provisions of the Subdivision Map Act.