§ 15.03

The purpose of this chapter is to establish the procedures for processing and acting on divisions of land into four (4) or fewer lots or parcels for development purposes. This chapter addresses the tentative map procedures, as well as the review and recordation procedures for a parcel map.

(Ord. 1787 § 1 (part), 2002).

All requests to divide real property into four (4) or fewer lots for development purposes shall require the preparation of a tentative map and the filing of an application with the department of community development. The application for a minor subdivision shall be filed by the property owner(s) of record or representatives of the property owner (subdivider) and must include all information specified in Section 15.02.020 of this title.

(Ord. 1787 § 1 (part), 2002).

The information required on the tentative map prepared for a minor subdivision shall be the same as the information that is required for a tentative map prepared for a major subdivision, as specified under Section 15.02.030 of this title. The tentative map shall be accompanied by a written statement of intent, which shall be prepared consistent with the provisions set forth in Section 15.02.040 of this title.

(Ord. 1787 § 1 (part), 2002).

15.03.040 - Application review and distribution.

Applications for a minor subdivision shall be reviewed and processed consistent with the major subdivision map application procedures specified in Section 15.02.050 of this title.

(Ord. 1787 § 1 (part), 2002).

When the tentative map application is determined to be complete, the department of community development shall determine if the minor subdivision application is to be reviewed and acted on by the community development director or the planning commission, except for tentative maps submitted pursuant to Government Code 66411.7 and Chapter 15.155 of this title, which shall be reviewed ministerially. All minor subdivision applications shall be referred to the planning commission when:

(a)

The application is determined to be subject to environmental review and the preparation of an initial study is required to assess the potential environmental impacts of the minor subdivision;

(b)

The application includes a request for an exception from one or more of the provisions of this title;

(c)

The property proposed for subdivision is located in a hillside area and is subject to the provisions of Chapter 15.07 of this title;

(d)

The application is being processed concurrently with other applications requiring planning commission or city council approval;

(e)

The application involves a division of land where one or more of the created lots or parcels does not have frontage on an existing public street;

(f)

The director of community development determines that there is extraordinary public concern about the proposed division; or

(g)

The director of community development determines that the proposed division is of a size, importance or unique nature such that it is judged not to be a routine matter.

All minor subdivision applications referred to the planning commission for review and action shall be processed consistent with the major subdivision procedures set forth in Chapter 15.02 of this title.

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

(Ord. No. 2041, § 3, 9-3-2024)

The following procedures shall be implemented for community development director action on a minor subdivision application:

(a)

The department of community development shall prepare a written report to the community development director describing the minor subdivision. The written report shall include a statement indicating whether the application is consistent with the San Rafael general plan and any applicable specific plan or neighborhood plan, and is in conformance with the Zoning Ordinance (Title 14) and any other pertinent municipal ordinance or code provisions. The report shall also contain the required findings and any conditions recommended for approval.

(b)

Upon completion of the written report to the community development director, a 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, informing them of the subdivision committee's intent to act on the application. The notice shall indicate that the subdivision committee will take action on the application, on or after the date, which is fifteen (15) days following the date of the notice. The subject property shall also be posted in accordance with San Rafael Municipal Code Section 14.29.020(B)(2).

(c)

Following distribution of the notice, the department of community development shall distribute the written report and a copy of the tentative map to the city engineer for review and a recommendation to the community development director. Following receipt of the city engineer's recommendation, the community development director shall review the written report and sign four (4) copies of the tentative map, if approved. Approval of the minor subdivision by the community development director shall not occur until after the fifteen (15) day courtesy review period has passed.

(d)

Copies of the approved application forms and signed tentative map shall be forwarded to the subdivider and/or property owner, once final action has been taken by the community development director.

(Ord. 1838 § 58, 2005; Ord. 1794 § 1 (part), 2002).

In approving, conditionally approving or denying an application for a minor subdivision, the community development director shall be required to make the same findings that are required for a major subdivision, as specified under Section 15.02.080 of this title.

(Ord. 1794 § 1 (part), 2002).

A minor subdivision may be approved, subject to conditions. Conditions of approval may include the imposing of restrictions and easements, consistent with the provisions of this title, and compliance with specific permit requirements such as set forth in the Zoning Ordinance (Title 14). Consistent with the provisions of Section 66411.1 of the Subdivision Map Act, conditions of approval requiring improvements shall be limited to the dedication of rights-of-way, easements, and the construction of reasonable off-site and on-site improvements for the parcels being created. Construction of improvements shall not be required until a permit or other grant of approval for development of the created lots or parcels is issued, or when the improvements are to be constructed pursuant to the terms of a subdivision improvement agreement. An earlier time frame for construction of improvements may be required, as allowed for in Section 66411.1 of the Subdivision Map Act.

(Ord. 1787 § 1 (part), 2002).

Within two (2) years after approval or conditional approval of a tentative map for a minor subdivision, the subdivider shall cause the subdivision to be surveyed and a parcel map to be prepared by a registered civil engineer or licensed land surveyor, in conformance with the approved tentative map. An application for and the original parcel map shall be filed with the city engineer, along with the following:

(a)

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

(b)

A preliminary title report issued by a title insurance company in the name of the property owner of record, issued to or for the benefit of protection of the city of San Rafael;

(c)

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

(d)

Two (2) sets of subdivision improvement plans, if the tentative map approval includes required on-site or off-site improvements. The improvement plans shall be prepared consistent with the improvement plan requirements set forth in Chapter 15.11 (Subdivision Improvements and Securities) of this title;

(e)

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

(f)

Any other supportive information or reports, such as a geotechnical/soils report, 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 demonstrates that compliance with these requirements is not necessary.

(Ord. 1787 § 1 (part), 2002).

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

(Ord. 1787 § 1 (part), 2002).

The form and requirements for preparing a parcel map shall be the same as the form and requirements for preparing a final map, as set forth in Chapter 15.02 of this title, with the following exceptions:

(a)

The "Planning Commission Statement" shall not be included on the first page of the parcel map, unless the tentative map was approved by the planning commission.

(b)

The "City Clerk's Certificate" shall be included on the first page of the parcel map, which authorizes the city clerk to sign the map on behalf of the city council.

The parcel map shall also contain the necessary engineer's certificates, as well as the certificate or statement by the city engineer, consistent with the requirements of the Subdivision Map Act.

(Ord. 1787 § 1 (part), 2002).

(a)

Upon receipt of the parcel map application, the city engineer shall have sixty (60) calendar days to review and approve the parcel map and all supportive improvements 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, unless the project is approved pursuant to Government Code 66411.7 and Chapter 15.155 of this title, in which case the review shall adhere strictly to ministerial standards without requiring further modifications. 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 parcel map to the city engineer. This original shall be submitted with the signatures of all parties required to execute the statements on the parcel map.

(Ord. 1787 § 1 (part), 2002).

(Ord. No. 2041, § 3, 9-3-2024)

The city engineer shall approve the parcel map only after it is determined that the map and supportive documents comply with the approved tentative map and all conditions of approval, and complies with the requirements of the Subdivision Map Act. Upon map approval, the city engineer shall provide the appropriate certification on the map.

(Ord. 1787 § 1 (part), 2002).

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

(Ord. 1787 § 1 (part), 2002).

Chapter 15.04 - VESTING TENTATIVE MAPS