§ 15.01

This title shall be known and cited as the Subdivision Ordinance of the city of San Rafael.

(Ord. 1787 § 1 (part), 2002).

The purpose of this title is to provide subdivision regulations for the city of San Rafael and to supplement the provisions of the state of California Government Code Sections 66410 et seq., referred to in this title as the Subdivision Map Act. The regulations of this title are necessary to preserve the public health, safety and general welfare, to promote orderly growth, to provide protection of environmental resources and to ensure provision for adequate utilities, services and traffic circulation when considering matters and actions subject to this title.

(Ord. 1787 § 1 (part), 2002).

15.01.030 - Applicability.

This title applies as follows:

(a)

It is unlawful for any person, whether as principal, agent, or otherwise to offer to sell, to contract to sell, or to sell any subdivision of land or any part thereof in the city of San Rafael, unless and until all the requirements provided in this title have been complied with.

(b)

The provisions of this title apply to all land within the city of San Rafael corporate limits and to all unincorporated lands that are proposed to be annexed to the City as part of or subsequent to a pre-zoning action.

(c)

Certain activities and actions are exempt or excluded from the provisions of this title, as provided for in the Subdivision Map Act.

(Ord. 1787 § 1 (part), 2002).

The provisions of this title shall be held to be minimum requirements, except where they are expressly stated to be maximum requirements or limits. Whenever the provisions of this title overlap or are in conflict with the regulations and provisions of other city municipal code titles or chapters, the provisions which are more restrictive or impose higher standards or requirements shall prevail.

(Ord. 1787 § 1 (part), 2002).

All actions and activities subject to the provisions of this title shall conform to all pertinent city-adopted plans, ordinances and environmental guidelines, as follows:

(a)

Conformance with the San Rafael general plan and applicable specific plan or neighborhood plan, the city zoning ordinance (SRMC Title 14), historic resources (SRMC Title 2, Chapter 2.18), archaeological resource protection (SRMC Title 2, Chapter 2.19) and any other pertinent city ordinances or municipal code sections (including but not limited to fire code and building code). Conformance shall be based on those plans and ordinances that are adopted and in effect at time applications are deemed complete for processing, unless, prior to the determination of completeness, the city has initiated by adoption of resolution, ordinance or by motion, an amendment to such plan or ordinance, and has published notice thereof as required by the Subdivision Map Act Section 66474.2.

(b)

Conformance with all guidelines set forth in the most currently adopted city of San Rafael environmental assessment procedures manual and the guidelines of the California Environmental Quality Act (CEQA).

(Ord. 1787 § 1 (part), 2002).

In the event that this title is silent on or does not address a specific subdivision issue, procedure or requirement, the city shall defer to the provisions of the state of California Subdivision Map Act.

(Ord. 1787 § 1 (part), 2002).

Application, administration and authority over the provisions and requirements of this title shall lie with the following official bodies or officials:

(a)

The planning commission (advisory agency) has the authority to approve, conditionally approve or deny an application for a tentative map, vesting tentative map for five (5) or more lots, or a tentative map or vesting tentative map for a subdivision four or fewer lots that is located in a hillside area and/or includes a request for an exception from the provisions of this title, except when accompanied by other applications requiring

city council approval, per Section 15.01.110 of this chapter. The planning commission has the authority to approve a time extension to a previously approved or conditionally approved tentative map or vesting tentative map.

(b)

The city council (appeal board) has the final decision-making authority over tentative map or vesting tentative map applications and actions required by this title through the appeal process or as required per Section 15.01.110 of this chapter. The city council has authority to approve or deny a final map and to approve or reject any offers of dedication, made pursuant to this title, resulting from the actions of this title.

(c)

The community development director has the authority to approve, conditionally approve or deny an application for a lot line adjustment or lot consolidation. The community development director or designee has the authority to approve, conditionally approve or deny a tentative map or vesting tentative map for a subdivision of four or fewer lots, except under certain circumstances, as specified in Chapter 15.03 of this title. The community development director has the authority to approve a time extension to a tentative map, vesting tentative map, lot line adjustment or lot consolidation that was initially approved by the director.

(d)

The city engineer has the authority to review and approve a parcel map, and review and make recommendations on final maps, certificates of compliance, improvement plans, subdivision improvement agreements and securities.

(Ord. 1794 § 1 (part), 2002; Ord. 1787 § 1 (part), 2002).

15.01.080 - Maps required.

The following maps, which are defined in Chapter 15.18 (Definitions) shall be required:

(a)

Tentative Map or Vesting Tentative Map. A tentative map or vesting tentative map shall be required for processing, reviewing and approving all applications resulting in the division of land into two (2) or more parcels or lots, including condominiums and stock cooperatives of two (2) or more units.

(b)

Parcel Map. A parcel map shall be required for the recordation of an approved division of land into four (4) or fewer parcels or lots, including condominiums and stock cooperatives resulting in the creation of four (4) or fewer parcels or lots.

(c)

Final Map. A final map shall be required for recordation of an approved division of land into five or more parcels or lots, including condominiums of stock cooperatives resulting in the creation of five (5) or more parcels or lots.

(d)

Plat Maps and Deeds. A plat map shall be required for processing, reviewing and approving all applications for a lot line adjustment or a lot consolidation. A deed shall be required for the recordation of an approved lot line adjustment or lot consolidation.

(Ord. 1787 § 1 (part), 2002).

Action on all map applications subject to the provisions of this title shall occur within fifty (50) calendar days of the following:

(a)

City certification of an environmental impact report (EIR) or city approval of a negative declaration or mitigated negative declaration that has been prepared for the purpose of assessing the environmental impacts of the proposed map application or,

(b)

City determination that action on the map application is exempt from environmental review per the provisions of the city of San Rafael environmental assessment procedures manual and the California Environmental Quality Act (CEQA).

An extension of the time limits for processing and acting on a map application can be granted by mutual consent of the city and the subdivider, as provided for in the Subdivision Map Act.

(Ord. 1787 § 1 (part), 2002).

The city shall notify all local school districts of all minor and major subdivision applications. Within five (5) days of the date in which the department of community development has deemed the map application as complete for processing, the school district(s) shall be notified, in writing, that the application has been received. The written notification shall inform the school district(s) that it has fifteen (15) days from the receipt of notice to respond, in writing, to the map application and the proposal.

(Ord. 1787 § 1 (part), 2002).

When a map application is processed concurrent with other, related development applications which require city council action, the map application shall require a review and recommendation by the planning commission and a final action by the city council.

(Ord. 1787 § 1 (part), 2002).

A subdivider may request an exception to any regulation or requirement set forth in this title, consistent with specific application procedures and findings.

(a)

Application. An application for an exception from the regulations and provisions of this title shall be filed by the subdivider, the property owner, or the authorized representative of the property owner. The application shall be filed concurrent with the tentative map or vesting tentative map application proposing the division of land. The application shall be accompanied by a written statement noting why the exception is being requested and identifying the special grounds or circumstances, which warrant the approval of the exception.

(b)

Review and action by the planning commission. An application for an exception from the regulations and provisions of this title must be reviewed and approved by the planning commission. In approving an exception, the planning commission shall make the required findings cited in Section 15.01.120(c).

(c)

Findings. In reviewing and approving an exception from the regulations and provisions of this title, the planning commission shall make the following findings, which shall be included in the record of action on the map application:

(1)

That there are special circumstances and/or conditions of the property proposed for subdivision that warrant the approval of the exception;

(2)

That the exception is necessary for the preservation and enjoyment of a substantial property right of the subdivider or property owner; and

(3)

That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is situated.

(Ord. 1787 § 1 (part), 2002).

Specific time limits are established for approved tentative maps and vesting tentative maps. These time limits, as well as provisions for extending the approval of maps are as follows:

(a)

Initial time limits. All map application approvals shall be granted for twenty-four (24) months, by which time the parcel map or final map must be recorded with Marin County recorder's office. The twenty-four (24)

months shall commence on the date of final action on the map application by the city, including appeal actions. Exceptions to this twenty-four (24) month time limit are allowed under certain circumstances, as provided for in Section 66452.6 of the Subdivision Map Act.

(b)

Time limits for extensions. Applications for a time extension to an approved map action shall be filed with the department of community development prior to the date of map expiration. Time extensions can be granted for twelve (12) months. Additional extensions beyond the initial twelve (12) month extension may be granted, provided that the life of the map approval does not exceed a total of five (5) years from the initial map approval date. The authority to approve, conditionally approve or deny a time extension request lies with the official bodies cited in Section 15.01.070 (Authority) of this chapter.

(c)

Extent of authority for granting time extensions. In reviewing and considering a time extension to an approved map, the city may impose only those conditions of approval that were imposed and required for the initial map approval. No new conditions or improvements can be imposed or required of the subdivider, unless it has been determined by the city that the new conditions or improvements are necessary to address a circumstance or an environmental impact that was not present or known at the time of initial map approval.

(d)

Tolling of time limits due to moratorium or litigation. In the event of a development moratorium imposed or a lawsuit affecting the subdivision action filed after the approval of a map application, the time limits for the approved map shall be tolled, as provided for by the Subdivision Map Act.

(Ord. 1787 § 1 (part), 2002).

15.01.140 - Appeals.

(a)

Any action of the community development director can be appealed to the planning commission. Appeals of community development director actions shall be filed with the department of community development. Such appeals shall be scheduled for a public hearing before an action by the planning commission. The planning commission may overrule or modify the decision, determination or requirement cited in the appeal, and enter any such order or orders as are in harmony with the spirit and purpose of this title. Planning commission action on the appeal shall be final, unless this action is appealed to the city council.

(b)

Any action of the planning commission or the city engineer can be appealed to the city council. Appeals of planning commission or city engineer actions shall be filed with the office of the city clerk. The city clerk shall schedule the appeal for a public hearing, which shall be held within thirty (30) days of the date of the filing of the appeal. An extension beyond this thirty (30) days or a continuance of the public hearing date may be granted by a vote of the city council.

(c)

Following closure of a public hearing on the appeal, the city council may overrule or modify the decision, determination or requirement cited in the appeal, and enter any such order or orders as are in harmony with the spirit and purpose of this title. City council action on the appeal shall be final.

(d)

Appeals must be filed, in writing, within ten (10) calendar days of action by the planning commission, community development director or city engineer. All appeals must be accompanied by a filing fee and written statement as to the reasons for the appeal.

(Ord. 1794 § 1 (part), 2002; Ord. 1787 § 1 (part), 2002).

15.01.150. - One-time extension of time limits for map approvals and mutual extension of related land use entitlements.

Per the July 15, 2008, state-enacted amendments to Government Code Section 66452.21, provisions for a one-time extension to approved and valid Tentative Maps and Vesting Tentative Maps are established as follows:

(a)

The expiration date of any Tentative Map or Vesting Tentative Map, and related land use entitlement(s) granted simultaneous to the approved map, which have been approved and are valid as of July 15, 2008, and will expire before January 1, 2011, shall be extended by twelve (12) months.

(b)

The extension provided by subdivision (a) shall be in addition to any extension of the expiration date provided for in San Rafael Municipal Code Section 15.01.130, or Government Code Sections 66452.6, 66452.11, 66452.13 or 66463.5.

(c)

The extension set forth in subdivision (a) of this section applies to: 1) major subdivision maps of five (5) parcels or greater; 2) minor subdivision and parcel maps of four (4) parcels or fewer; and 3) all other land use entitlements and approvals required by Title 14 (Zoning) of this Code that were granted in connection and concurrent with the original grant of approval to the subdivision maps.

(d)

In determining whether an approved Tentative Map or Vesting Tentative Map expires before January 1, 2011, the provisions of Government Code Sections 66463.5(e) and 66452.6 shall apply. The provisions of these Government Code sections pertain to the effective terms of the map approval in the event of a moratorium or lawsuit.

(Ord. No. 1869, § 1, 12-1-08).

15.01.155. - Effect of future automatic extension of time limits by state legislature for map approvals and mutual extension of related land use entitlements.

In the event that additional automatic extensions to approved and valid tentative maps and vesting tentative maps are enacted by the state legislature subsequent to July 15, 2008, including, but not limited to, the extensions enacted by Assembly Bill 333 on July 15, 2009, the extensions granted by Section 15.01.150 of this code shall be further extended to match such extensions granted by the state legislature. At the discretion of the community development director, the extension of the city land use entitlements authorized herein may be conditioned upon compliance with interim property maintenance requirements such as weed abatement, site fencing for security and graffiti control, where deemed appropriate and necessary.

(Ord. No. 1878, § 1, 11-2-09)

Chapter 15.02 - MAJOR SUBDIVISIONS (FIVE OR MORE LOTS)