Chapter 16.04 — Tentative Maps

The purpose of this chapter is to prescribe rules and procedures for the regulation and approval of tentative maps.

(Ord. 05-002 § 1 (part), 2005)

• A. Subdivision and parcel map numbers. Prior to filing a tentative map, a subdivision number shall be obtained from Contra Costa County, and a parcel map number shall be obtained from the city.

• B. Filing of tentative map. A tentative map shall be required as set forth in Section 16.02.060. The subdivider shall file fifteen copies, or the number determined by the planning manager based on the complexity of the application, of the tentative map and any accompanying information to the planning division, as required on city application forms.

• C. Fees. The subdivider shall pay the fees established by the city council upon the filing of the tentative map.

• (Ord. 05-002 § 1 (part), 2005)

Tentative maps shall show the proposed subdivision’s design and improvements and conditions existing in and around the subdivision, and shall contain information sufficient to allow the planning commission and/or the city council to make the findings required by Section 16.04.060. Information that cannot be conveniently shown on the tentative map shall be contained in a written statement accompanying the map.

• A. Contents. The map shall include, but shall not be limited to, the following, unless such submittal information is waived by the city engineer or planning manager:

  1. A title, which shall contain the subdivision number, subdivision name and type of subdivision;

  2. Name and address of legal owner, subdivider and signature of the person preparing the map, including registration or license number;

  3. Signature and certification blocks with the owner’s certificate completed and signed by owner and subdivider;

  4. Sufficient legal description to define the boundary of the proposed subdivision;

  5. The names and numbers of adjacent subdivisions and names of owners of adjacent platted and unplatted land;

  6. Date, north arrow, scale, contour interval and source and date of existing contours, including the date of latest revisions and signature of the person making the revisions;

  7. A statement of present zoning and of existing and proposed uses of the property as

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SUBDIVISIONS

8. A vicinity map showing roads, adjoining subdivisions, towns, creeks, railroads and other data sufficient to locate the proposed subdivision and show its relation to the community;

9. Existing topography of the proposed site and at least two hundred feet beyond its boundary, including but not limited to:

   • a. Existing contours at two-foot intervals if the existing ground slope is less than ten percent and at not less than five-foot intervals for existing ground slopes equal or greater than ten percent. Contour intervals shall not be spread more than one hundred fifty feet apart. Existing contours shall be represented by dashed lines or by screened lines. The top of any creek bank and drainage channel shall be noted,

   • b. Boundary, limits, nature and extent of wooded areas, specimen trees, and other significant physical features. Existing trees and shrubbery in excess of three feet in height. Species, circumference and dripline of existing trees with a trunk diameter of four inches or more at breast height. Any trees proposed to be removed shall be so indicated,

   • c. The location and outline of existing structures identified by type. Structures to be removed shall be so marked; this includes retaining walls greater than three feet in height above ground,

   • d. The approximate location of all areas of potential stormwater overflow; the location, width and direction of flow of each watercourse; and the flood zone designation. The water quantities under natural and developed conditions shall be provided for each watercourse including: the existing drainage system of the subject site and within two hundred feet, location of existing inlets, pipes, natural swales, creeks, creek top of bank elevation and centerline; size, slope of existing pipes and inverts of existing inlets, and manholes; invert at point of connection to an existing swale, creek, pond, etc.,

   • e. The location, pavement and right-of-way width, grade and name of existing streets or highways, including existing curbs, gutters, driveways, sidewalks, and curb ramps,

   • f. The widths, location and identity of all existing easements,

   • g. The location and size of existing sanitary sewers, fire hydrants, water mains and stormdrains. The approximate slope of existing sewers and stormdrains shall be indicated. The location of all existing overhead and underground utility lines, pipes, hand holes, manholes, utility vaults, pump stations, and other improvements in or adjacent to the right-of-way and peripheral streets shall be indicated.

10. Proposed improvements to be shown shall include but not be limited to:

• a. The location, grade, centerline radius and arc length of curves, pavement, rightof-way width and name of all streets. Typical road and paving cross-sections of all streets shall be shown, and all public streets shall meet city standards. All

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§ 16.04.030

streets shall also meet the fire district’s grade, clearance, surface, width, and turnaround requirements. Proposed private streets shall be clearly indicated,

  - b. The location and radius of all curb returns, sidewalks, pedestrian ramps, and culde-sacs; at a minimum the proposed top of curb grades shall be shown at curb returns and grade breaks, 

  - c. The location, width, and purpose of all easements, including temporary utility and emergency easements, 

  - d. The angle of intersecting streets if such angle deviates from a right angle by more than four degrees, 

  - e. Vehicular and pedestrian circulation patterns. Parking plans showing spaces, typical size and type, aisle width, curb cuts, drives, driveways, and all ingress and egress areas and dimensions, 

  - f. Utility corridors (aerial or underground, including transformers), 

  - g. Street lights, traffic signals, turn-a-rounds, stop signs and bars, retaining walls, and property-line walls or fences, 

  - h. The approximate lot layout and the approximate dimensions of each lot and each building site. Engineering data shall show the approximate finished grading of each lot, the preliminary design of all grading, the elevation of proposed building pads, the top and toe of cut and fill slopes to scale, the number of each lot, the elevation of adjacent parcels, and proposed retaining walls, 

  - i. Existing property lines of adjacent parcels, 

  - j. Proposed common areas and areas to be dedicated to public open space, 

  - k. The location and size of sanitary sewers, fire hydrants, water mains and stormdrains. Proposed slopes and approximate elevations of sanitary sewers and stormdrains shall be indicated. The proposed routing of stormwater runoff generated by a one hundred-year flood release points shall also be indicated, 

  - l. The size, location, and setbacks dimensioned for any existing or proposed structures, easement or land reserved for or dedicated to public use, to be retained or removed, 

  - m. A statement as to the intention of the subdivider in regard to slope planting and erosion control, including conceptual landscaping plans. 

11. A schedule of applicable zoning requirements, including lot areas, width, setbacks, open space, and parking;

12. The name or names of any geologist or soils engineer whose services were required in the preparation of the design of the tentative map;

13. If the subdivider plans to develop the site in units or phases, the proposed units or phases and their proposed sequence of construction shall be shown.

• B. Format. The size of each sheet shall be twenty-four inches by thirty-six inches. A marginal

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§ 16.04.030

§ 16.04.040

line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be not less than one inch equals one hundred feet or as may be necessary to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. When four or more sheets including the certificate sheet are used, a key sheet shall be included. All printing or lettering on the map shall be of one-eighth-inch minimum height and of such shape and weight as to be readily legible on prints and other reproductions made from the original drawings.

(Ord. 05-002 § 1 (part), 2005)

A tentative map shall be accompanied by the following data or reports. This information shall be submitted at the time the tentative map is filed.

• A. Street names. A list of proposed street names for any unnamed street or alley.

• B. Soils report. A preliminary soils report as required by Sections 66490 and66491 of the Government Code. If this report indicates the presence of critically expansive soils or other soils problems which, if not corrected, could lead to structural defects, the soils report accompanying the final map shall contain an investigation of each lot within the subdivision. The report shall include investigation of earthquake-hazard requirements if the property is within the Alquist-Priolo Special Studies Zone.

• C. Title report. A preliminary title report showing the legal owners of the time of filing and any deed restrictions, covenants, and easements.

• D. Relocation. A relocation plan if there will be a displacement of persons residing in any existing residential units.

• E. Environmental assessment. Environmental data and such fees as may be required to make environmental determinations pursuant to the California Environmental Quality Act.

• F. Preliminary engineering calculations. Information shall be submitted to demonstrate the adequacy of the design of the proposed improvements. Such information shall include design parameters and engineering calculations including, but not limited to slope stability, storm drainage quantities, hydraulic analysis, and pavement sections.

• G. Statement regarding hazardous waste. Pursuant to Government Code Section 65962.5, a signed statement to the planning division indicating whether the subdivision is located on a site which is included on any of the local lists prepared by the California Integrated Waste Management Board of all solid waste facilities from which there is a known migration of hazardous waste;

• H. Information on hazardous materials and emissions. Information on hazardous materials and hazardous emissions as required by Government Code Section 65850 shall be provided.

• I. Subsurface geotechnical/geologic reports. The city engineer may require subsurface geotechnical/geologic examinations and reports that include the following:

  1. Subsurface observations (including drilling to establish bedrock) to consider the potential, on the entire slope face, both on and adjacent to the subject property, for

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2. Recommendations for restrictions on development where development poses a hazard and proposed mitigation measurements for hazardous conditions; and

   3. Reference to all geologic safety concerns and events discussed in the safety element of the general plan as they relate to the subject property.

• J. Other reports. Other reports deemed necessary by the city engineer or planning manager to comply with the approval requirements of this title.

• (Ord. 05-002 § 1 (part), 2005)

The review procedures for tentative subdivision maps shall be as set forth in this section.

• A. Determination of completeness. Upon receipt of a tentative subdivision map and any accompanying information, the planning division shall make a determination of application completeness and notify the applicant in writing of its determination within thirty days after receipt of the application.

• B. Transmittal. If the application is found to be complete the planning division shall transmit copies of the tentative map together with accompanying data to such public agencies and utilities as may be concerned or required by Government Code Sections 66453, 66455, 66455.3 and 66455.7.

• C. City engineer review. The city engineer shall submit a written report to the planning commission of recommendations in relation to the requirements of this title, the Subdivision Map Act, and other applicable ordinances and regulations.

• D. Planning division review. The planning division shall submit a written report to the planning commission of recommendations in relation to the requirements of this title, the general plan, the zoning ordinance, and the other applicable ordinances and regulations.

• E. Recommendations to subdivider. Pursuant to Government Code Section 66452.3, all recommendations and reports prepared by city staff on the tentative map shall be forwarded to the subdivider at least three days prior to any hearing or action on the map. In instances of a residential condominium conversion, all tenants shall receive the city staff reports.

• F. Planning commission action.

  1. For parcel maps, the planning commission shall hold a public hearing and shall approve, conditionally approve or disapprove the tentative map within fifty days after certification of an environmental impact report, adoption of a negative declaration, or a determination by the city that the project is exempt from the requirements of the California Environmental Quality Act; or

  2. For subdivision maps, the planning commission shall hold a public hearing and shall make its recommendation to the city council within fifty days after certification of an environmental impact report, adoption of a negative declaration, or a determination by the city that the project is exempt from the requirements of the California Environmental Quality Act.

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City of San Pablo, CA § 16.04.050

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§ 16.04.060

• G. City council action. In accordance with Government Code Section 66452.2, at the next regular meeting following the filing of the planning commission’s recommendation with it, the city council shall fix the meeting date at which the tentative map will be considered. The scheduled date shall be within thirty days of the city council regular meeting, and the city council shall approve, conditionally approve, or disapprove the tentative map within this thirty-day period.

at the next regular meeting following the filing of the planning commission’s recommendation with it, the city council shall fix the meeting date at which the tentative map will be considered. The scheduled date shall be within thirty days of the city council regular meeting, and the city council shall approve, conditionally approve, or disapprove the tentative map within this thirty-day period.

• H. Notice of public hearing. Notification of any public hearings shall be given pursuant to Government Code Sections 65090, 65091 and 66451.3(a). In addition, notice shall be given in accordance with the provisions of this section.

  1. A notice setting forth the time, place, purpose of hearing, and map or physical description of the land involved shall be sent by mail at least ten days before the meeting to the following persons:

     • a. All owners of real property subject to the subdivision of land; and

     • b. Each property owner within three hundred feet of the property subject to the subdivision of land.

  2. A notice setting forth the date, time, and place shall be published at least ten days prior to the hearing date in a newspaper of general circulation in the city. The notice shall describe the proposed subdivision; describe the parcels, properties, or areas that are affected by the subdivision request; and provide other pertinent information in such a manner that the subdivision request and its effect(s) can be clearly identified.

• I. Notice of approval. The planning division shall notify the subdivider, in writing, of the action taken by the planning commission, in instances of parcel maps, and the city council, in instances of tract maps. Such notification may be accompanied by one copy of the tentative map and one copy of the appropriate resolution(s).

• J. Appeals. Appeals of any planning commission decision on the parcel map subdivision shall be filed with the city clerk within ten days after the date of the decision, in accordance with Government Code Section 66452.5.

• K. Approval by inaction. If, after holding a public hearing, the review authority does not approve or disapprove the tentative map within the prescribed time, or any authorized extension thereof, the tentative map as filed shall be deemed to be approved, insofar as it otherwise complies with all applicable requirements and rulings, including but not limited to this title, the zoning ordinance, the general plan, other ordinances of the city of San Pablo, the State Subdivision Map Act, and Sections65952.1 and 65956 of the Government Code.

• (Ord. 05-002 § 1 (part), 2005)

Prior to approving an application for a tentative map, the review authority shall find that all of the following are true:

• A. Plan consistency. That the proposed map is consistent with the general plan and any applicable specific plan or other adopted applicable plan;

• B. Design or improvement. That the design or improvement of the proposed subdivision is

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• C. Type of development. That the site is physically suitable for the type of development proposed;

• D. Density of development. That the site is physically suitable for the proposed density of development;

• E. Fish or wildlife. That neither the design of the subdivision nor any proposed improvements is likely to cause substantial environmental damage, or substantially and avoidably injure fish or wildlife or their habitat;

• F. Public health. That the design of the subdivision or type of improvement is not likely to cause significant public health problems;

• G. Access. That the design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through, or use of property within, the proposed subdivision.

• (Ord. 05-002 § 1 (part), 2005)

A tentative map that has been approved or conditionally approved shall expire twenty-four months after the date of its approval or conditional approval except as provided by Government Code Section66452.6. The review authority may grant an extension of the expiration date for a period or periods not to exceed three years. Requests for extensions shall be submitted in writing to the planning division prior to the expiration date. Upon submittal of an application by the subdivider to extend the expiration date of a tentative map, the expiration date shall automatically be extended until the application is acted upon by the review authority. If the review authority denies a subdivider’s application for extension, the subdivider may appeal the decision within ten days after the denial.

(Ord. 05-002 § 1 (part), 2005)

• A. Minor changes—Criteria. Minor changes in the tentative map may be approved by the city upon application by the subdivider or on its own initiative, provided:

  1. No lots, units or building sites are added;

  2. Such changes are consistent with the intent and spirit of the original tentative map approval; and

  3. There are no resulting violations of the city of San Pablo municipal code.

• B. Minor changes—Process. Any such minor amendment shall be approved by the city engineer and planning division. The amendment shall be indicated on the approved map and signed by the city engineer and the planning manager.

• C. Other changes. Amendments of the tentative map that the planning division determines are not minor shall be presented to the original review authority for approval.

• (Ord. 05-002 § 1 (part), 2005)

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§ 16.06.010

§ 16.06.060

CHAPTER 16.06 Vesting Tentative Maps

The purpose of this chapter is to require certain dedications and reservations, consistent with the Subdivision Map Act, necessary to serve the subdivision and ensure compliance to the general plan.

(Ord. 05-002 § 1 (part), 2005)

As a condition of approval of a tentative map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets and alleys, including access rights and abutters’ rights, drainage, public greenways, bicycle paths, trails, scenic easements, public utility easements and other public easements. In addition, the subdivider shall improve or agree to improve all streets and alleys, including access rights and abutters’ rights, drainage, public greenways, bicycle paths, trails, public utility easements and other public easements. Improvements shall be in accordance with Chapter 16.22 (Improvements).

(Ord. 05-002 § 1 (part), 2005)

All dedications of property to the city for public purposes shall be made in fee title, except that, in the city’s discretion, a grant of an easement may be taken for open space easements, scenic easements or public utility easements. All dedications in fee and grants of easements shall be free of liens and encumbrances except for those that the city, in its discretion, determines would not conflict with the intended ownership and use. The city may elect to accept an irrevocable offer of dedication in lieu of dedication of fee title.

(Ord. 05-002 § 1 (part), 2005)

• A. General. This section is enacted pursuant to the authority granted by the Subdivision Map Act and the general police power of the city and is for the purpose of providing such additional park and recreational facilities and open space as appropriate pursuant to the general plan of the city. The park and recreational facilities for which dedication of land and/or payment fees as required by this article are in accordance with the policies, principles and standards for park and recreational facilities contained in the general plan.

• B. Requirements. As a condition of approval of a tentative map, the subdivider shall dedicate land; pay a fee in lieu thereof, or both, at the option of the city, for park or recreational purposes at the time and according to the standards and formula contained in this article. The land dedicated or the fees paid, or both, shall be used for community and neighborhood parks and facilities in such a manner that the locations of such parks and facilities bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision generating such dedication or fees, or both.

• C. General standard. It is found and determined that the public interest, convenience, health, safety and welfare require that three acres of property for each one thousand persons

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§ 16.20.040

residing within the city be devoted to park and recreational purposes.

• D. Standards and formula for dedication. The amount of land to be provided shall be determined pursuant to the following standards and formula:

  1. The park standard for the city is three acres per one thousand residents, or 0.003 acres per resident;

  2. The dedication requirement is the sum of the following: 0.003 multiplied by the average number of persons per type of dwelling unit multiplied by the number of dwelling units of that type in the subdivision;

  3. Unless there is evidence to the contrary, such as the most recent census data, the following criteria will be used to estimate the number of persons per type of dwelling unit:

==> picture [377 x 98] intentionally omitted <==

----- Start of picture text -----
Type of Dwelling Number of Persons
Multiple family 1.5 per bedroom
Single-family attached 3.0 per dwelling unit
Single-family detached 3.5 per dwelling unit
Two-family 3.0 per dwelling unit
----- End of picture text -----

• E. Formula for fees in lieu of land dedication.

1. General formula. If there is no park or recreational facility designated in the general plan to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in the city’s discretion, either dedicate land in the amount provided in subsection D of this section or pay a fee in lieu of dedication equal to the value of the land prescribed for dedication in subsection D of this section and in an amount determined in accordance with the provisions of subsection G of this section.

   2. Fees in lieu of land—fifty parcels or fewer. Except as provided in subsection F of this section, if the proposed subdivision contains fifty parcels or fewer and has no park or recreational facility, the subdivider shall pay a fee equal to the land value of the portion of the park or recreational facilities required to serve the needs of the residents of the proposed subdivision as prescribed in subsection D of this section and in an amount determined in accordance with the provisions of subsection G of this section.

   3. Use of money. The money collected shall be used, in accordance with the schedule developed pursuant to subsection J of this section, for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities reasonably related to serving the subdivision, including the purchase of necessary land and/or improvement of such land for park or recreational purposes. The money shall be committed within five years after payment thereof or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the money is not committed, it shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots in the subdivision.

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§ 16.20.040

• F. Criteria for requiring both dedication and fee. If the proposed subdivision contains more than fifty parcels, or, in the case of a condominium project, stock cooperative or community apartment, if the proposed subdivision contains more than fifty dwelling units, although the actual number of parcels may be fewer than fifty, the subdivider shall both dedicate land and pay a fee in lieu of dedication in accordance with the following:

  1. When only a portion of the land to be subdivided is proposed in the general plan as the site for a local park or recreational facility, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of subsection G of this section shall be paid for any additional land that would have been required to be dedicated pursuant to subsection G of this section.

1. When only a portion of the land to be subdivided is proposed in the general plan as the site for a local park or recreational facility, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of subsection G of this section shall be paid for any additional land that would have been required to be dedicated pursuant to subsection G of this section.

   2. When a major part of the local park or recreational site has already been acquired by the city and only a small portion of land is needed from the subdivision to complete the site, such portion shall be dedicated, and a fee, computed according to subsection G of this section shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated according to subsection D of this section. The fee shall be used for the improvement of the existing park or recreational facility or for the improvement of other neighborhood or community parks and recreational facilities reasonably related to serving the subdivision.

• G. Amount of fee in lieu of parkland dedication. When a fee is required to be paid in lieu of parkland dedication, the amount of the fee shall be based upon the estimated fair market value of the land being subdivided and the estimated fair market value of the land that would otherwise be required to be dedicated according to subsection D of this section. The fair market value shall be as determined by the department at the time of final map or parcel map approval. If the subdivider objects to the fair market value determination, the subdivider may request the city to obtain an appraisal of the property by a qualified real estate appraiser mutually agreed upon by the city and the subdivider, which appraisal will be considered by the city in determining the fair market value. All costs required to obtain such appraisal shall be borne by the subdivider. For purposes of determining fair market value pursuant to this subsection, the department and any appraiser shall consider, among other things:

  1. Conditions of approval of the tentative map;

  2. The general plan and zoning requirements for the area;

  3. The location and site characteristics of the property; and

  4. Off-site and on-site improvements facilitating use of the property.

• H. Determination of land or fee. Whether the city accepts land dedication, or elects to require the payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

  1. Policies, standards and principles for park and recreation facilities in the general plan;

  2. Topography, geology, access and location of land in the subdivision available for dedication;

  3. Size and shape of the subdivision and land available for dedication;

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5. Compatibility of dedication with the general plan; and

   6. Availability of previously acquired park property. The determination by the city as to whether land shall be dedicated, or whether a fee shall be charged, or a combination, shall be final and conclusive.

• I. Credit for improvements and private open space. If the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this section. Planned developments, real estate developments, stock cooperatives, and community apartment projects, as defined in Sections 11003, 11003.1, 11003.2, 11003.4 and 11004, respectively, of the Business and Professions Code, and condominiums shall be eligible to receive a credit, as determined by the city council, against the amount of land required to be dedicated, or the amount of the fee imposed, pursuant to this section, for the value of private open space within the development which is usable for active recreational uses.

• J.

• Procedure.

1. At the time of the approval or conditional approval of the tentative map, the review authority shall determine, after a report and recommendation from the city manager, whether land, in-lieu fees or a combination of land and fees, shall be dedicated and/or paid by the subdivider.

2. The review authority may approve, modify or disapprove the recommendation of the city manager; provided, however, any modification of the proposed recommended condition not previously considered by the city manager shall first be referred back to the city manager for a report and further recommendation. The city manager shall report back to the review authority within thirty days. After the receipt and consideration of the report or after thirty days have passed in the event no report is received, the review authority may adopt the condition.

3. The recommendation of the city manager shall include the following:

   • a. The amount of land required;

   • b. That a fee be charged in lieu of land;

   • c. That a combination of land and a fee be required;

   • d. The location of the parkland and, where appropriate, the siting and conceptual design of the park facilities appurtenant thereto, to be dedicated or used in lieu of fees; and

   • e. The approximate time when the development of the park or recreation facility shall commence.

4. At the time of the recording of the final map or parcel map, the subdivider shall dedicate the land and/or pay the fees as determined by the city. At the discretion of the city, fees shall be paid prior to issuance of any building permit for any structure in the subdivision.

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§ 16.20.050

5. Open space covenants, conditions and restrictions for private park or recreational facilities shall be submitted to the city prior to approval of the final map or parcel map and, if approved, shall be recorded concurrently with the final map of parcel map.

• K. Not applicable to certain subdivisions. The provisions of this section shall not apply to the following:

  1. Subdivisions containing four or fewer parcels and not used for residential purposes. However, a condition may be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years, the fee pursuant to this section may be required to be paid by the owner of such parcel as a condition to the issuance of such permit;

  2. Commercial or industrial subdivisions;

  3. Condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added.

• (Ord. 05-002 § 1 (part), 2005)

• A. General. As a condition of approval of a tentative map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in this section.

• B. Standards. Where a park, recreational facility, fire station, library or other public use is shown on the general plan or an adopted specific plan, the subdivider may be required by the city to reserve sites as so determined by the city in accordance with the policies and standards contained in the general plan or the adopted specific plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically infeasible. The reserved area shall be consistent with the general plan or the adopted specific plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.

• C. Procedures. The public agency for whose benefit an area has been reserved shall, at the time of approval of the final map or parcel map, enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless the period of time is extended by mutual agreement.

• D. Payment to subdivider. The purchase price for the reserved area shall be the market value thereof at the time of the filing of the tentative map, plus the taxes against the reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of the reserved area, including interest costs incurred on any loan covering the reserved area.

• E. Termination. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement in accordance with this section, the reservation of the area

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§ 16.20.060

shall automatically terminate. (Ord. 05-002 § 1 (part), 2005)

As a condition of approval of a tentative map, there may be imposed, in accordance with the provisions of Section 66475.3 of the Subdivision Map Act, a requirement that the subdivider dedicate easements for the purpose of assuring that each parcel or unit in the subdivision shall have the right to receive sunlight across adjacent parcels or units in the subdivision for any solar energy system, as defined in Civil Code Section 801.5. The provisions of this section, however, do not apply to condominium projects that consist of the subdivision of airspace in an existing building where no new structures are added. In establishing such easements, consideration shall be given to feasibility, contour, configuration of the parcel to be divided and cost. Required easements shall not result in reducing allowable densities or the percentage of a lot that may be occupied by a building or a structure under applicable planning and zoning in force at the time such tentative map is filed. At the time of tentative map approval, the planning commission or subdivision committee, as the case may be, shall specify the following:

• A. Definitional standards. The standards for determining the exact dimensions and locations of such easements;

• B. Obstructions. Any restrictions on vegetation, buildings and other objects that would obstruct the passage of sunlight through the easement;

• C. Termination. The terms for conditions, if any, under which an easement may be revised or terminated.

• (Ord. 05-002 § 1 (part), 2005)

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City of San Pablo, CA § 16.22.010

SUBDIVISIONS

The purpose of this chapter is to specify the procedures by which and conditions under which subdivided property may be reverted to acreage.

(Ord. 05-002 § 1 (part), 2005)

Proceedings to revert subdivided property to acreage may be initiated by petition of all the owners of record of the property. The petition shall be in a form prescribed by the planning division and shall contain the information required by this chapter. (Ord. 05-002 § 1 (part), 2005)

The city council, at the request of any person or on its own motion, may by resolution, initiate proceedings to revert property to acreage. In initiating the proceedings, the city council shall direct the planning manager to obtain the necessary information to initiate and conduct the proceedings and make recommendations concerning the reversion. (Ord. 05-002 § 1 (part), 2005)

Either a parcel map or a final map shall be used for reversion to acreage. Both mapping procedures shall be subject to the provisions of this chapter.

• A. Four or fewer parcels. A parcel map shall be the document used for reverting to acreage land previously subdivided and consisting of four or fewer contiguous parcels under the same ownership.

• B. Five or more parcels. A final map shall be the document used for reverting to acreage all other previously approved subdivisions not described in subsection A of this section.

• (Ord. 05-002 § 1 (part), 2005)

Petitioners shall file the following when a final map is required for reversion to acreage:

• A. Tentative map. A tentative map in the form prescribed by Chapter 16.04;

• B. Evidence of title. Evidence of title to the real property;

• C. Evidence of consent. Evidence that all owners of the property consent to the reversion;

• D. Evidence of nonuse. Evidence of the nonuse or lack of necessity of any roads, streets or easements that are to be vacated or abandoned;

• E. Delineation of features. The delineation of all roads, streets, or easements to be left unaffected after the reversion, with appropriate notations;

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City of San Pablo, CA § 16.28.050

SUBDIVISIONS

§ 16.28.080

• F. Evidence on improvements. Evidence that required improvements have not been made within two years from the date the final map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later;

• G. Evidence of sales. Evidence of all sales of lots or parcels shown on the final or parcel map that have been made within five years from the date such final or parcel map was filed for record;

• H. Final map. A final map in the form prescribed by Chapter 16.08, which delineates dedications that will not be vacated and dedications required as a condition to reversion;

• I. Other information. Such other information as is required by the planning manager. (Ord. 05-002 § 1 (part), 2005)

Petitioners shall file the following when a parcel map is required for reversion to acreage:

• A. Tentative map. A tentative map in the form prescribed by Chapter 16.04, showing the merger of the four or fewer parcels into one parcel;

• B. Evidence of title. Evidence of title to the real property under one ownership;

• C. Evidence of consent. Evidence that all owners of the property consent to the reversion;

• D. Evidence of nonuse. Evidence of nonuse or lack of necessity of any roads, streets, and easements that are to be vacated or abandoned;

• E. Delineation of features. Clear delineation and notation on the parcel map of all roads, streets and easements to be left unaffected after the reversion;

• F. Evidence on improvements. Evidence that no required improvements have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later;

• G. Evidence of sales. Evidence of all sales of lots or parcels shown on the final or parcel map that have been made within five years from the date such final or parcel map was filed for record;

• H. Parcel map. A parcel map in the form prescribed by Chapter 16.10, which delineates dedications that will not be vacated and dedications required as a condition to reversion;

• I. Other information. Such other information as is required by the planning manager. (Ord. 05-002 § 1 (part), 2005)

Petitions to revert property to acreage shall be accompanied by a fee as established by the city council. This fee is not refundable.

(Ord. 05-002 § 1 (part), 2005)

A reversion to acreage application shall be reviewed by the planning commission. Notice and

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City of San Pablo, CA § 16.28.080

SAN PABLO CODE

• A. Notice. Notice shall be given as required by Section 66451.3 of the Government Code.

• B. Planning commission recommends approval. In the event the planning commission recommends that the reversion to acreage be approved, the city council shall hold a public hearing to consider the planning commission’s recommendation.

• C. Planning commission denial. In the event the planning commission denies a reversion to acreage application, that action is final unless appealed to the city council.

• (Ord. 05-002 § 1 (part), 2005)

The city council may approve a reversion to acreage only if it finds and records in writing that dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes, based upon the policies and designations in the general plan, and either:

• A. Consent. That all owners of an interest in the real property within the subdivision have consented to reversion;

• B. Lack of improvements. That none of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or

• C. Recordation. That no lots shown on the final or parcel map have been sold within five years from the date such map was filed for record.

• (Ord. 05-002 § 1 (part), 2005)

The city council shall require as conditions of the reversion:

• A. Dedications. That the owners dedicate or offer to dedicate streets, public rights-of-way or easements;

• B. Retentions. The retention of all or a portion of previously paid subdivision fees, deposits, or improvement securities if the same are necessary to accomplish any of the provisions of this chapter;

• C. Other. Such other conditions as are necessary to accomplish the purposes of this title or are necessary to protect the public health, safety or welfare.

• (Ord. 05-002 § 1 (part), 2005)

Except as provided in Section 16.28.100, upon filing of the parcel map or final map for reversion of acreage with the county recorder, all fees and deposits shall be returned to the subdivider and all improvement securities shall be released by the city council. (Ord. 05-002 § 1 (part), 2005)

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City of San Pablo, CA § 16.28.120 SUBDIVISIONS

§ 16.28.130

After the city council approval of the reversion, the parcel map or final map shall be delivered to the county recorder.

(Ord. 05-002 § 1 (part), 2005)

Reversion shall be effective upon the filing of the parcel map or final map for record by the county recorder. Upon filing, all dedications and offers of dedication not shown on the parcel map or final map for reversion shall be of no further force or effect and shall be shown as such on the assessment roll.

(Ord. 05-002 § 1 (part), 2005)

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City of San Pablo, CA

SUBDIVISIONS

§ 16.30.010

§ 16.30.050