San Mateo Municipal Code Ch. 26.48 Tentative Map

Before any land may be subdivided for which a parcel map or lot line adjustment is not permitted by this Title or for which a subdivider has chosen to use the tentative and final subdivision map process under this Title instead of a parcel map, a subdivider shall file with the Director of Community Development a tentative subdivision map prepared by a licensed land surveyor or registered civil engineer licensed by the State to perform such work. Such a map shall be in compliance with the requirements of this Title and applicable State statutes, and shall be clearly and legibly drawn on sheets not less than eighteen by twenty-six inches nor more than thirty-six by forty-two inches in size, and to a scale of one inch to one hundred feet, unless the Zoning Administrator or the City Engineer finds that a larger scale will facilitate review by the City.

prior code § 139.25

The tentative map shall contain, or be accompanied by, the following information:

(1) The tract name and number; date of preparation; north point and scale;

(2) Names, addresses and telephone numbers of: the record owner; subdivider; and the person who prepared the map. (The registration or license number of the preparer shall also be supplied);

(3) Subdivision boundaries and acreage to the nearest one-tenth acre;

(4) A key map showing:

(A) The location of the proposed subdivision,

(B) The location, name and present improved widths of adjacent streets,

(C) The name and number of adjacent subdivisions; showing lot and block or parcel numbers for adjoining lots. (An aerial photograph may be required on a scale of not less than one inch equals four hundred feet showing the approximate boundaries of the subdivision, and including the streets and lot lines in addition or substitution of the above);

(5) Location and widths of proposed streets as shown on any specific plan which covers all or part of the land to be subdivided;

(6) Location, names and widths of the proposed streets and other ways as they shall differ from those shown on any specific plan.

(7) Location, width and nature of all existing and proposed: pedestrian paths; public areas; conservation easements; and public utilities easements, showing the location and size of existing and proposed storm drains; sanitary sewers, gas and water lines; the location of existing fire hydrants, power and telephone or communications lines and other public utilities, as well as all provisions for drainage, flood and erosion control; source of water supply and sewage disposal;

(8) Existing land use and the proposed land use with a statement as to the respective proportions of the total area of the subdivision to be used by each;

(9) Statement of the improvements proposed to be made or installed including:

(A) Profiles drawn to scale showing clearly all details thereof, showing centerline, existing ground and finished grade elevations of all streets, including the radii of all curves; sanitary sewer and storm drains. (Profiles other than centerlines shall be shown if requested by the City engineer. All elevations shall be indicated to the nearest one foot and shall be referred to mean sea level datum, as established by the United States Coast and Geodetic Survey, or to elevations according to the San Mateo datum).

(B) Typical cross sections of all streets, and when required by the City engineer, detail of curbs, gutters, walks, trails and other improvements drawn to scale and clearly showing all details thereof,

(C) Location, species and size of all street trees;

(10) Statement of the improvements proposed to be made or previously installed by private utilities or public agencies and a statement from such utilities or agencies as to the adequacy of such installations and the rights-of-way or easements therefor or proposed;

(11) Location of all existing:

(A) Building sites; driveways; fences; retaining walls; swimming pools; including whether they are to remain or be removed, and the distances between buildings and between buildings and proposed or existing property lines,

(B) Groves of trees and the location of all individual trees with a trunk diameter of four inches or more (twelve and one-half inches circumference) as measured at two feet above natural grade, and other significant vegetation, indicating whether removal is intended and showing trees and vegetation to be planted other than street trees;

(12) Approximate location of any area which may be subject to inundation; the location, width and direction of all watercourses;

(13) Lot lines; approximate dimensions of all lots, including the area of each to the nearest ten square feet; block and lot numbers in consecutive sequence;

(14) A statement from a title company giving the names of record owners of the land and all existing easements and other reservations, restrictions or covenants;

(15) Preliminary soils report and the report of an engineering geologist, provided that the latter may be waived by the City engineer;

(16) Any proposed conditions, restrictions and covenants;

(17) Existing and proposed contours of the property; proposed elevation at all lot pads; and the grades of proposed streets and drainage facilities. On flat lands, where the predominant slopes are five percent or less, a contour interval of not to exceed two feet shall be used. Where the predominant slopes are in excess of five percent, a contour interval of not to exceed five feet shall be used. Ninety percent of all contours shall be accurate within two feet and all contours shall be accurate within four feet. In cases where the effective use of the lands to be subdivided necessitates extensive cuts and fills for streets, the proposed grading shall be clearly shown by means of both contour lines and supplementary cross sections through such cuts and fills. The source of the topographic information shown shall be indicated;

(18) Such other information as may be required to fulfill the purposes of this title in relation to the particular land to be subdivided, as specified in any list compiled for the purpose.

A blank space of suitable size and shape for the certificates, conditions and approval, and other similar items shall be reserved on the title page.

prior code § 139.26

A subdivider wishing to file a tentative map shall submit the map, the information specified in this code and in lists compiled for the purpose and such other material necessary for environmental review and all other permits required for the contemplated project and any other material as he or she deems necessary, together with the filing fees and deposits required, to the Zoning Administrator, who shall receive such maps and supporting data and review the same for completeness and adequacy of the information as required by this code and the compiled lists. If the application is complete, the Zoning Administrator shall report the same to the subdivider or applicant in writing within thirty days of its receipt, specifying those parts of the application which are incomplete and indicating the manner in which they can be made complete. If the written determination is not made within thirty days of receipt, the application shall be deemed complete. Once an application is complete, or deemed complete, no new information shall be required of the applicant which was not specified on the compiled lists at the time the application is complete or deemed complete, unless it is to clarify, amplify the information submitted, or needed to comply with the California Environmental Quality Act.The date an application is determined or deemed to be complete shall begin the period for review under the California Environmental Quality Act. It shall also vest relocation rights in the tenants then residing on the project site who will be displaced by it and who have not given voluntary notice of termination.The subdivider shall provide such additional prints of the documents and map as are necessary for environmental and planning review by the City and one reproducible copy thereof.The map shall be placed on the next Planning Commission agenda following completion of environmental review and processed according to Section 27.08.040 of this code.

prior code § 139.27

The Zoning Administrator shall transmit a copy of the map together with the accompanying data to the members of the Planning Commission and to each interested public agency or utility and to any environmental consultant required for review.The Zoning Administrator shall also provide the health officer a copy of the map and accompanying data if the subdivision includes public or private bodies of water, other than those regulated by this code, for water contact sports and where the review by that officer shall protect the general health and foster the purposes of this Title.The Zoning Administrator shall set a date for a formal review by the Planning Commission and shall notify the subdivider and each public agency or utility to which the map was distributed of the date of said review, upon completion of the environmental review process.

prior code § 139.28

Each of the public agencies and utilities to which the tentative parcel map has been referred may submit written reports of its findings and recommendations to the Zoning Administrator at least fifteen days prior to the scheduled meeting of the Planning Commission. If no reports are received within the prescribed time, it shall be assumed that the proposed subdivision will not adversely affect any matter of concern or under the jurisdiction of such agency or utility. Reports from environmental consultants retained for the project shall be required, and shall be in compliance with environmental guidelines.

prior code § 139.29

On the date set for formal review of the tentative map, the Planning Commission shall review the comments and the opinions of the subdivider and of his or her engineer, and any other officers, agencies, utilities, and environmental consultants that have submitted a report. After giving due consideration to all such reports, recommendations, comments and opinions, the Commission shall approve or deny the tentative map.The Commission shall deny approval of a tentative map if it makes any of the following findings:

(a) That the proposed map is not consistent with applicable general and specific plans.

(b) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

(c) That the site is not physically suitable for the type of development.

(d) That the site is not physically suitable for the proposed density of development.

(e) 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.

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

(g) 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 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 these 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 use of property within the proposed subdivision.

prior code § 139.30 (part)

City officers administering this title may engage consulting professional services to advise in the review of the subdivision and may charge the cost of such services to the applicant.

prior code § 139.30 (part)

The zoning administrator shall cause such notices of time and place of hearing to be mailed or posted and advertised in the same manner as other items set for hearing before the Planning Commission according to the provisions of title 27 of this code.

prior code § 139.31

If the Planning Commission finds compliance with this Title and other applicable ordinances, policies and standards in effect on the date the application is complete pursuant to Section 26.48.030, it shall take action on the map within fifty days of the application being complete, unless such time is extended by mutual agreement of subdivider and the Planning Commission. Failure to act within such period of time shall be deemed approval of said map in accordance with the provisions of Section 66452.4 of the Government Code. If the Planning Commission finds that the map does not meet requirements, it shall disapprove, or conditionally approve, the map within said time. In cases of conditional approval, the Commission shall require such changes as are necessary to secure compliance with requirements unless specific exceptions have been granted or recommended pursuant to Section 26.68.020. The Planning Commission action shall be noted on the tentative map and shall be final unless appealed as herein provided.

prior code § 139.32

Notice of the action of the Planning Commission shall be reported in writing to the subdivider and the Council. The report shall be accompanied by a copy of the tentative map as approved. One copy of the tentative map, accompanying data and report shall remain in the permanent files of the City and one copy of the tentative map and accompanying data and report shall be transmitted to the City engineer. If the approved tentative map varies considerably from the submitted tentative map, the subdivider shall prepare and submit new copies, as approved.

prior code § 139.33

If the tentative map is accompanied by an application for a planning approval subject to Council action pursuant to Title 27 or site development permit subject to Council action pursuant to Title 23, the tentative map shall not be final with the Planning Commission, but shall instead be forwarded by the Commission with its recommendations to the Council for action by the Council on both the tentative map and the planning or site development permit application.

The subdivider may file a revised tentative map showing substantive changes in the design, number of lots, or shape of lots. Such revised tentative map shall comply with the requirements in effect at the time such revised map is considered by the Planning Commission. Such revised tentative map shall show all of the information and requirements of Section 26.48.020 insofar as necessary to support any changes that may have been made. The approval or conditional approval by the Planning Commission of any revised tentative map shall supersede previous decisions thereof only to the extent of the substantive changes under consideration.

prior code § 139.34

When any change is made by the subdivider in the statements provided pursuant to section 26.48.020, that change shall be submitted to the Planning Commission for approval prior to any action on the final map.

prior code § 139.35

An application for approval of a revision to or a change in essential information involving a tentative map shall be processed through the Planning Commission process in the same manner that the original tentative map was processed. If the tentative map was approved by the Council, then the proposed revision or change in essential information shall be forwarded by the Commission to the Council with its recommendations for action by the Council before any action may be taken on the final map.

Any subdivider or record owner of property upon which a tentative map has been filed may withdraw such a map at any time prior to the final action thereon by the Planning Commission. Notice of such a withdrawal shall be made to the director of community development who shall notify all persons who have previously received copies of the map for review and recommendation. Upon completion of notification to the director of community development, the tentative map shall be considered withdrawn. No refund in filing fee for any withdrawn map shall be made, but all deposits shall be refunded.The provisions of section 27.08.090 of this code shall govern the refiling of maps withdrawn under this section.

prior code § 139.36

(a) Initial Term. The approval of a tentative map expires two years after its date of approval, unless extended.

(b) Extensions. In accordance with Government Code section 66452.6(e), an applicant may apply to the Zoning Administrator for up to three two-year extensions.

(c) Additional State Law Extensions. All other extensions available pursuant to the state Subdivision Map Act, codified at Government Code sections 66452 and following, apply.

(a) A subdivider may file a vesting tentative map as authorized by the Subdivision Map Act, instead of a tentative map. Such a vesting tentative map shall be processed and reviewed pursuant to the standards and procedures contained in this Title for tentative maps. In addition, no vesting tentative map shall be approved unless the Planning Commission determines that the extension of the rights provided by the Subdivision Map Act for such a map will not endanger the health, safety, or welfare of the City or its inhabitants.

(b) For purposes of determining whether the vested right to proceed with development is in substantial compliance with ordinances, policies, and standards in effect at the time of completion of an application or approval, "substantial compliance" shall mean substantial compliance as established by City policies and standards for planning and subdivision approvals through practice.

(c) The approval of a vesting tentative map expires if no final map is filed within the time limits specified for expiration of tentative maps in the state Subdivision Map Act and Section 26.48.135 of this Code and the vesting tentative map is not extended in accordance with the state Subdivision Map Act, codified at Government Code sections 66410 and following.

(d) It is the intention of the Council in enacting the ordinance codified in this chapter to assume all rights extended by the Subdivision Map Act to review, condition, or deny vesting tentative maps, and no omission in this Section of language contained in the Subdivision Map Act shall be construed as limiting the authority of the City over vesting tentative map applications.