§ 15.02

The purpose of this chapter is to establish the procedures for preparing, processing and acting on divisions of land into five (5) or more lots or parcels for development purposes. This chapter addresses the tentative map procedures, as well as the review and recordation procedures for a final map.

(Ord. 1787 § 1 (part), 2002).

All requests to divide real property into five (5) or more lots for development purposes shall require the filing of a tentative map application with the department of community development. The application shall be filed by the subdivider, the property owner of record or a representative of the property owner and must include the following information:

(a)

A complete application form that includes a description of the land division;

(b)

Fifteen (15) copies of a tentative map prepared in form, size and content consistent with the provisions set forth in Section 15.02.030 of this chapter;

(c)

A written statement of intent containing the information set forth in Section 15.02.040 of this chapter;

(d)

One copy of a recently prepared and issued preliminary title report on the property proposed for subdivision;

(e)

Three (3) copies of a geotechnical investigation (soils report), which has been prepared for the purpose of identifying geologic and soils conditions on the subject property and recommendations for development. The scope and extent of analysis presented in the investigation shall be prepared in accordance with the geotechnical review matrix adopted in the San Rafael general plan;

(f)

The application processing fee; and

(g)

Any reports or studies of the subject property as deemed necessary by the department of community development to provide adequate and complete processing and review of the major subdivision application.

Additional application submittal information and materials are required for properties that are located within hillside areas, as set forth in Chapter 15.07 (Standards for Hillside Subdivision) of this title.

(Ord. 1787 § 1 (part), 2002).

The tentative map shall be prepared by a registered civil engineer or licensed surveyor, shall be to a scale of not less than one inch equals one hundred feet (100') and shall be clearly and legibly reproduced. The tentative map shall contain the following information:

(a)

The subdivision name, date, north arrow, a graphic or bar scale and sufficient description to define the location and boundaries of the proposed subdivision;

(b)

Name and address of property owner(s) of record;

(c)

Name and address of the subdivider;

(d)

Name, business address and telephone number of the registered civil engineer, or licensed surveyor, who prepared the map of the subdivision. If the proposed subdivision is intended to be developed in phases and multiple or phased final maps are to be recorded, a written statement to this effect shall be placed on the face of the tentative map, as required by Section 15.02.130 of this chapter;

(e)

Elevations or contours at intervals of ten feet (10') to determine slope of the land and the high and low points thereof, provided that the city engineer may require additional contours;

(f)

The locations, footprint, outline and use of each existing structure or improvement on the subject property, and their locations in relation to existing or proposed street(s) and lot lines;

(g)

The locations, names, widths and approximate grades of all roads, streets, and highways in the proposed subdivision and along the boundaries thereof;

(h)

The location and character of all existing or proposed sanitary sewers and storm drains in the subdivision or on adjoining and contiguous highways, streets and roads;

(i)

The approximate widths, location and purpose of all existing or proposed easements or areas of use restriction on the subject property or on land contiguous to the proposed subdivision;

(j)

Approximate lot layout and approximate dimensions of each lot and corresponding lot numbering, including lots or parcels proposed for common ownership, dedication, and/or nondevelopment purposes;

(k)

The location, boundaries and elevation of existing watercourses, channels or waterways, including all areas subject to inundation or stormwater overflow and the location, width and direction of flow of all watercourses;

(l)

A grading plan depicting proposed grades and quantities of earth movement;

(m)

A drainage plan depicting proposed drainage improvements and facilities;

(n)

The location, dripline, trunk size and species of all existing trees in and around the area of proposed development. For areas of the subject property that are not proposed for development purposes, a detailed survey of the existing trees is not necessary; however, tree cover shall be shown;

(o)

Typical street sections and details thereof.

(Ord. 1787 § 1 (part), 2002).

A written statement shall accompany the tentative map application and shall contain the following information:

(a)

A description of the existing use(s) of the subject property;

(b)

A description of the proposed use(s) of the subject property. If property is proposed to be used for more than one purpose, the area, lots or lot proposed for each type of use shall be depicted on the tentative map;

(c)

A statement of the proposed improvements including public utilities, water supply and sewerage disposal, how these improvements are to be made or installed, and the estimated timing of when such improvements are to be completed;

(d)

A description of proposed public areas and dedications, if any;

(e)

A description of proposed tree removal and new planting, if any;

(f)

A description of proposed restrictions, covenants or easements, if any;

(g)

A list of any and all requests for exceptions (Section 15.01.120) from the provisions of this title and a written statement citing the justification and reasons for approval of these exceptions; and

(h)

An area plan at a scale of one inch equals three hundred feet (300'), or larger, showing proposed streets, subdivision boundaries, existing streets and property lines, in the vicinity, which affect, or may be affected by, the proposed subdivision.

(Ord. 1787 § 1 (part), 2002).

Applications for a major subdivision shall be reviewed and processed as follows:

(a)

Within ten (10) days of receipt of the application, the department of community development shall distribute for review, copies of the tentative map, application form and supplemental materials to such city departments, utilities and pertinent agencies, as deemed necessary. City departments, utilities and agencies shall be given ten (10) days to review and respond, in writing, its findings and recommendations.

(b)

Within thirty (30) days of receipt of the application, the department of community development shall review the materials to determine if all information has been submitted to deem the application complete for processing; and shall advise the property owner and/or subdivider, in writing, whether the application is complete or is incomplete, listing the additional information needed for processing.

(c)

When the application is determined to be complete, the department of community development shall complete environmental review in accordance with the guidelines set forth in the most currently adopted city of San Rafael environmental assessment procedures manual and the California Environmental Quality Act.

(Ord. 1787 § 1 (part), 2002).

(a)

A public hearing before the planning commission shall be required for review and action on all applications for a major subdivision. A notice of the public hearing shall be published in a local newspaper of general circulation within the city at least fifteen (15) calendar days prior to the scheduled public hearing date. Simultaneously, the notice shall be mailed to property owners and nonowner occupants and tenants within three hundred feet (300') of the subject property, pertinent utility services and districts, neighborhood organizations and special interest groups. The subject property shall also be posted in accordance with San Rafael Municipal Code Section 14.29.020(B)(2).

(b)

An additional public notice period may be necessary to comply with the California Environmental Quality Act noticing requirements. In addition, a broader noticing to affected property owners (beyond the minimum three hundred feet (300') from the subject property) may be provided, depending upon project issues and controversy.

(Ord. 1838 § 57, 2005; Ord. 1787 § 1 (part), 2002).

The following procedures shall be implemented for planning commission action on a major subdivision application:

(a)

The department of community development shall prepare a written report to the planning commission describing the major subdivision. The written report shall indicate if the application is consistent with the San Rafael general plan and any pertinent specific plan or neighborhood plan, and if it is in conformance with the Zoning Ordinance (SRMC Title 14) and any other pertinent city ordinance or municipal code provisions. The report shall also contain proposed findings, as set forth in Section 15.02.080 of this chapter, and conditions recommended for the approval of the application.

(b)

The planning commission may refuse to approve a tentative map when the only practical use that can be made of the property proposed to be subdivided is a use prohibited by law or if the property is deemed unhealthful or unfit for human habitation or occupancy.

(c)

Action by the planning commission on the major subdivision application shall be in the form of a resolution, which records the vote of the commission, and cites the findings and conditions of approval.

(Ord. 1787 § 1 (part), 2002).

15.02.080 - Findings required.

(a)

Findings for Approval. Approval or conditional approval of a tentative map shall be supported by the following findings:

(1)

The proposed map is consistent with the San Rafael general plan and any applicable, adopted specific plan or neighborhood plan;

(2)

The design or improvement of the proposed subdivision is consistent with the San Rafael general plan and any pertinent, adopted specific plan or neighborhood plan;

(3)

The property subject to subdivision is physically suitable for the type or density of development that is proposed;

(4)

The property subject to subdivision is physically suitable for the density of development that is proposed;

(5)

The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

(6)

The design of the subdivision or the type of proposed improvements is not likely to cause serious health problems; and

(7)

The design of the subdivision or the type of proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the city may approve the map if it is determined that alternative easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired or secured for public use.

(b)

Grounds for Denial. In the event that one or more of the findings cited in subsection (a) cannot be made to support approval or conditional approval of the tentative map, the map shall be denied.

(Ord. 1787 § 1 (part), 2002).

In approving a tentative map, the planning commission may impose conditions. All conditions imposed on an approved tentative map must be substantiated and there must be a nexus established between any required improvements and the proposed subdivision.

(Ord. 1787 § 1 (part), 2002).

Within two (2) years following approval or conditional approval of the tentative map, the property shall be surveyed and a final map prepared by a registered civil engineer or licensed land surveyor, in conformance with the tentative map, as approved or conditionally approved. An application for and the original final map shall be filed with the city engineer, along with the following:

(a)

Two (2) blue line or black line prints of the final map;

(b)

A preliminary title report issued by a title insurance company in the name of the property owner of record;

(c)

An instrument, such as a non-access easement, prohibiting traffic over the side lines of a major highway, parkway, street or freeway, if applicable;

(d)

Sheets and drawings showing traverse closures and the computation of all distances, angles and courses shown on the final map, ties to existing and proposed monuments, and adjacent subdivisions and/or highway stations;

(e)

Two (2) sets of subdivision improvement plans, prepared consistent with the improvement plan requirements set forth in Chapter 15.11 (Subdivision Improvements, and Securities) of this title;

(f)

A filing fee, as required by the city for the processing and plan check costs necessary to complete and record the final map; and

(g)

Any other supportive information or reports, such as a geotechnical/soils report or reports addressing environmental mitigation, required for submittal as a condition of tentative map approval.

The city engineer may waive any of the requirements if the location of the subject property and the nature of the proposed division of land or the documentation demonstrate that compliance with these requirements is not necessary.

(Ord. 1787 § 1 (part), 2002).

An accurate and complete survey of the land presented on the final map shall be completed by a registered civil engineer or a licensed land surveyor. All monuments, property lines, centerlines of streets, alleys and easements adjoining or within the boundaries of the subject property shall be reflected on the survey. An error of closure on any portion of the final map shall be allowed, in accordance with the limitations established by the Subdivision Map Act.

(Ord. 1787 § 1 (part), 2002).

(a)

The final map shall be clearly and legibly drawn on mylar, a strong, thin polyester material. All lines, letters, figures, certifications, acknowledgements and signatures shall be made in black ink. Typewriting or rubber stamps may be used if approved by the city engineer. The map shall be so prepared and shall be in such condition when filed, that good legible blue prints and negatives can be made therefrom. The size of the mylar sheets shall be eighteen inches by twenty-six inches (18″ X 26″), leaving a margin of two inches (2″) at the left edge and one inch at the other three (3) edges of the sheets. The scale of the final map shall be not less than one inch (1″) equals one hundred feet (100′).

(b)

Every sheet comprising the final map shall bear the scale, north arrow, legend, sheet number, and number of sheets comprising the map.

(c)

Wherever the city engineer has established a system of coordinates, the survey shall be tied into such system. The adjoining corners of all adjoining subdivisions shall be identified by lot and block numbers, subdivision name and place of record, or other proper designation.

(d)

Sufficient data shall be shown to determine readily the bearing and length of every lot line, block line and boundary line. Dimensions of lots shall be given as total dimensions, corner to corner, and shall be shown in feet and hundredths of a foot. No "ditto" marks or similar abbreviation symbols shall be used. Lots containing one acre or more shall show total acreage to nearest hundredth. Bearings and lengths of straight lines, and radii and arc length for all curves as may be necessary to determine the location of the centers of curves and tangent points shall be shown. No lot shall be dimensioned to contain any part of an existing or proposed public right-of-way.

(e)

Whenever the city engineer has established the centerline of a street or alley, adjacent to or within the proposed subdivision, the data shall be shown on the final map indicating all monuments found and making reference to a field book or map. If the points were reset by ties, the course and detail of relocation data used by the city engineer shall be stated.

(f)

The final map shall show the location and description of all monuments in making the survey of the subdivision.

(g)

In addition to the requirements of (a) through (f), the final map shall be prepared in full compliance with the following:

(1)

The final map shall show the line of high water in case the subdivision is adjacent to a stream, channel or any body of water, and shall also show any area subject to periodic inundation by water.

(2)

The final map shall show by lot number those lots, which have been filled or will be filled in the development of the subdivision.

(3)

The boundary of the subdivision shall be designated by a border applied to the reverse side of the mylar and on the face of the blue line prints. Such border shall not interfere with the legibility of figures or other

data.

(4)

The final map shall show the side lines of all streets, the total width of all streets, the width of the portion being dedicated, the width of existing dedications, and the width of all rights-of-way appearing on the map. If streets or rights-of-ways are being dedicated by the map, they shall be properly referenced in the property owners certificates of dedication.

(5)

The final map shall show the side lines of all easements to which the lots are subject. Each easement shall be clearly labeled and identified and if already of record, its recorded reference given. If any easement is not definitely located of record, a statement of such easement must appear on the title sheet. Easements for storm drain, sewers and other purposes shall be denoted by fine dotted lines. The width of the easement and the lengths and bearings of the liens thereof and sufficient ties thereto to definitely locate the easement with respect to the subdivision must be shown. If the easement is being dedicated by the map, it shall be properly referenced in the owners' certificates of dedication.

(6)

City boundary lines crossing or bounding the subdivision shall be clearly designated and referenced.

(7)

Lot numbers shall begin with the number "1" in each block and shall be numbered in a clockwise direction from the upper left hand corner; north shall be generally up on the map.

(8)

Block letters identifying blocks of lots may be required to be indicated on the final map. The letters shall be solid and of sufficient size and thickness to stand out, shall be so placed as not to obliterate any figure, and shall not be enclosed in any design. Each block in its entirety shall be shown on one sheet. Where adjoining blocks appear on separate sheets, the street adjoining both blocks shall be shown on both sheets complete with center line and property line.

(9)

The final map shall also show all other data that is or may be required by law.

(10)

The final map shall particularly define, delineate and designate all lots intended for sale or reserved for private purposes, and all parcels offered for dedication for any purpose, public or private, with all dimensions, boundaries, and courses clearly shown and defined in every case. Parcels offered for dedication but not accepted shall be designated by alphabetical letters.

(Ord. 1787 § 1 (part), 2002).

The filing of multiple or phased final maps for an approved tentative map shall be permitted, consistent with the provisions of the Subdivision Map Act. However, the subdivider shall be required to inform the city, at the time of tentative map processing, that phased or multiple final maps may be filed.

(Ord. 1787 § 1 (part), 2002).

(a)

The following certificates and acknowledgements and all others now or hereafter required by law shall appear on the final map; such certificates may be combined where appropriate:

(1)

A certificate signed and acknowledged by all parties having any record title interest in the subdivided land, consenting to the preparation and recordation of the final map, provided, however, that the signatures of parties owning the following types of interests may be omitted if their names and the nature of their interests are set forth on the map:

(A)

Rights-of-way, easements or other interests, none of which can ripen into a fee.

(B)

Rights-of-way, easements or reversions, which by reason of changed conditions, long disuse or laches appear to be no longer of practical use or value and where the property owner's signature is impossible or impractical to obtain. In this case, a reasonable statement of the circumstances preventing the procurement of the signature shall be set forth on the map.

(C)

Any subdivision map including land originally patented by the United States or the state of California, under patent reserving interest to either or both of these entities, may be recorded under the provisions of this title without the consent of the United States or the state of California thereto, or to dedication made thereon.

(2)

A certificate signed and acknowledged as above, offering for dedication all parcels of land shown on the final map and intended for any public use, except those parcels, other than streets, which are intended for the exclusive use of the lot owners in the subdivision, their licensees, visitors, tenants, and servants.

(3)

A certificate by the registered civil engineer or licensed surveyor responsible for the survey and final map (engineer's certificate). The signature of such civil engineer or surveyor, unless accompanied by his/her seal, must be acknowledged and a certificate of acknowledgement affixed.

(4)

A certificate for execution by the city engineer prepared in accordance with the requirements of Section 66441 of the Subdivision Map Act.

(5)

A certificate for execution by the city clerk stating that the city council approved the final map and accepted, accepted subject to improvement, or rejected on behalf of the public, any real property offered for dedication for public use, in conformance with the terms of the offer of dedication.

(6)

A certificate for execution by the Marin County recorder's office.

(b)

Prior to the filing of the final map with the city, the subdivider shall file with the Marin County clerk's office, a certificate from the official computing redemptions in Marin County and the city of San Rafael, showing that according to the records of his/her office, there are no liens against the subdivision or any part thereof for unpaid state, county, municipal, or local taxes or special assessments collected as taxes, except taxes or special assessments not yet payable. As to taxes or special assessments collected as taxes not yet payable, the subdivider shall file with the Marin County clerk's office, a certificate by the appropriate state or local official giving his/her estimate of the amount of taxes and assessments, which are a lien but which are not yet payable.

(c)

Whenever any part of the subdivision is subject to a lien for taxes or special assessments collected as taxes which are not yet payable, the final map shall not be recorded until the owner or subdivider executes and files with the board of supervisors of Marin County, a good and sufficient bond to be approved by the board and by its terms made to inure to the benefit of the county and conditioned upon the payment of all state, county, municipal and local taxes and all special assessments collected as taxes, which at the time the final map is recorded are a lien against the property, but which are not yet payable. In lieu of a bond, a deposit may be made of money or negotiable bonds in the same amount, and of the kind approved for securing deposits of public money.

(Ord. 1787 § 1 (part), 2002).

(a)

Upon receipt of the final map application, the city engineer shall have sixty (60) calendar days to review and approve the final map and all supportive improvement plans and reports. Following initial review, the city engineer shall provide written comments and corrections on these materials to the subdivider's engineer, who shall in turn, make corrections and/or additions until the map and supportive documents are acceptable to the city engineer. The sixty (60) calendar days shall not include any days in which the improvement plans have been returned to the subdivider's engineer for correction or those days for which the plans are subject to review by agencies other than the city.

(b)

Upon making all final corrections and additions, the subdivider's engineer shall submit the original final map mylar to the city engineer. The original shall be submitted with the signatures of all parties required to execute the statements on the final map.

(Ord. 1787 § 1 (part), 2002).

(a)

Upon receipt of the final map and other data, the city engineer shall approve the final map and deem it as "filed" only after it has been determined that the map and supportive documents substantially comply with the approved tentative map and all conditions of approval, and complies with the provisions of this title and the requirements of the Subdivision Map Act. Once approved, the city engineer shall provide the appropriate certification on the final map.

(b)

In the event the subdivision presented on the final map is partly within the city limits and partly outside the city limits, the county surveyor and the city engineer shall enter into an agreement by and with the consent of their respective governing bodies, providing that the county surveyor may perform the duties prescribed for the city engineer in this section. The county surveyor may provide the appropriate certification after completing review of the final map. When the review is apportioned between the county surveyor and city engineer, it shall be sufficient, if each shall after the performance thereof, make a certification on said map.

(Ord. 1787 § 1 (part), 2002).

(a)

Following approval of the final map, the supportive improvement plans, agreements and securities, the city engineer shall have cause to file the final map with the city clerk for city council approval. The city engineer shall inform the city clerk, in writing, that the final map can be scheduled for city council approval.

(b)

At its first regular meeting following the filing of the final map with the city clerk, or within ten (10) days following the filing thereof, the city council shall consider the final map, and plan of subdivision, along with all the offers of dedication. The city council may accept, accept subject to improvements or reject any or all offers of dedication. If the city council determines that the final map is in conformance with the requirements of this title and that it is satisfied with the plan of subdivision, it shall approve the map.

(c)

When the subdivider has filed with the city clerk, accompanying subdivision improvement agreements and securities for completion of required on-site or off-site improvements, prepared and deposited consistent

with the provisions of Chapter 15.11 of this title, and when such agreements and securities have been approved by the city attorney, as to form, and by the city manager as to sufficiency, the city clerk shall transmit the map to the clerk of the county board of supervisors. When all bonds, money or negotiable bonds required under the provisions of this title to secure the payment of taxes and assessments which are a lien on some part of the subdivision but which are not yet payable, have been deposited with and approved by the board of supervisors, the clerk of the board shall transmit the final map to the Marin County recorder's office.

(Ord. 1787 § 1 (part), 2002).

Following city council approval of the final map, the city engineer shall have cause to file the final map with the Marin County Recorder's Office. The Marin County recorder's office shall have ten (10) calendar days to examine the Final Map and either accept it or reject it for filing. Acceptance of the final map by the Marin County recorder's office shall be certified on the face of the map.

(Ord. 1787 § 1 (part), 2002).

Chapter 15.03 - MINOR SUBDIVISIONS (FOUR OR FEWER LOTS)