Sebastopol Municipal Code Ch. 16.28 Tentative Subdivision Map – Five or More Parcels

The form and contents, submittal, and approval of tentative maps for five or more parcels shall be governed by the provisions of this chapter.

A. Tentative subdivision maps shall be drawn to a size of 24 by 36 inches and a scale of not more than 100 feet to one inch. A marginal 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 100 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 each 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. 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.

B. Tentative maps shall be prepared by a registered civil engineer and/or licensed land surveyor as authorized under his or her enabling acts and shall contain the following information:

1. A site sketch indicating the location of the proposed subdivision in relation to the surrounding area or region including the names and numbers of adjacent subdivisions.

2. The tract name, date, north point, scale and sufficient boundaries to define the proposed tract.

3. Names and addresses of record owner, subdivider, engineer or surveyor.

4. Location, names, present width and grades of adjacent or abutting streets including existing pavement markings (lines), driveways (on both sides of the street), and intersections within 100 feet of the project site.

5. Existing topography and proposed changes, including trees, rock formations and other unusual features of the site, and at least 100 feet beyond its boundary. Individual trees with a diameter of more than eight inches measured 24 inches above existing grade shall be identified by type, circumference, and dripline. Any trees proposed for removal shall also be indicated. Contour lines shall have the following intervals:

a. One-foot contour interval for ground slope between level and five percent.

b. Two-foot contour interval for ground slope between five percent and 10 percent.

c. Five-foot contour interval for ground slope greater than 10 percent.

6. Approximate location of all areas subject to inundation of stormwater overflow and the location, width and direction of flow of all watercourses, including tide waters.

7. Approximate width and location of all existing easements.

8. Approximate dimensions of all lots, radii of all curves and central angles.

9. Location and outline of all existing structures identified by type and indicating which are proposed to be removed and which will remain.

10. Location of building setback line for each stream or river on the site, if applicable.

11. Location and size of existing sewers, fire hydrants, water mains, wells, and storm drains.

12. Location of existing overhead utility lines and poles and any underground utilities on site and on peripheral streets.

13. A vesting tentative map shall have printed conspicuously on its face the words, “Vesting Tentative Map.”

C. The following proposed design elements and improvements shall be shown on the tentative map or described on an attached written statement:

1. Location, names, width, centerline radii, pavement and approximate grades of all streets and rights-of-way in the proposed subdivision, including identification of which streets are proposed to be offered for dedication and which are proposed to be privately maintained. Typical sections of all streets shall be shown.

2. Location, width, and purpose of all proposed easements, clearly indicating whether public or private.

3. The proposed use of each lot, lot layout and dimensions and area of each lot. 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 and number of each lot. In hillside areas, potential building sites shall be indicated.

4. Proposed recreation sites, trails and parks for public or private use.

5. Areas proposed to be dedicated or reserved for public use.

6. Proposed common or open space areas.

7. The location and size of proposed fire hydrants and fire protection systems, sanitary sewers, water mains and storm drains. Slopes and elevations of proposed sewers and storm drains shall be indicated.

8. A preliminary plan for erosion control and fencing.

9. Identification of proposed drainage and/or flood control.

D. The tentative map shall be accompanied by the following data and reports:

1. A completed application form.

2. Name(s) of geologists, soils engineers and other professionals whose services were required in preparation of the tentative map.

3. If the subdivider plans to develop or record the subdivision in phases, sufficient information about the proposed phases and their proposed sequence so as to allow the City to require construction of improvements in such an order as to ensure logical and orderly development of the whole subdivision.

4. If the proposal is for the conversion of a mobile home park to another use, the report prescribed by Government Code Section 66427.4 on the impact of the conversion upon displaced residents of the park.

5. A description of prior known development activity on the site such as removal of vegetation, grading, etc.

6. Identification and justification for requested exemptions to the requirements of this chapter, this code, or City standards.

7. Letters of intent from adjacent property owners whose property is proposed for improvements as part of this subdivision.

8. A cost estimate for all off-site improvements.

9. A preliminary title report not more than six months old showing the legal owner(s) and any easements or encumbrances at the time of filing the tentative map.

10. Unless a waiver is first obtained from the Planning Director, a plan for erosion control, fire hazard reduction, restoration/management for marsh/wetland habitats, revegetation for wildlife habitats and plant communities, riparian habitat management, and agriculture buffer.

11. Unless the City Engineer determines that due to the City’s knowledge as to the soils condition of the site no analysis is needed, a soils and/or geotechnical report in accordance with SMC 16.40.200 and the State Subdivision Map Act. Upon application for a building permit, a soils investigation and/or geotechnical report may also be required by the Building Official for development in an area with known or suspected seismic or other earth-related hazards.

12. For properties in the flood hazard area, a detailed development plan in conformance with flood regulations of the City of Sebastopol.

13. A copy of proposed deed restrictions.

14. A written commitment that the subdivider will defend, indemnify and hold the City, its agents, officers, and employees harmless from any claim, action or proceeding to attach, set aside, void or annul an approval of the City concerning the subdivision so long as the City promptly notifies the subdivider of any such claim, action or proceedings and the City cooperates fully in the defense.

15. Designation as a remainder of any portion of the land which is not divided for the purpose of sale, lease or financing.

16. A report identifying which, if any, utility poles will be removed and line segments undergrounded, including a preliminary cost estimate.

17. A statement of the time when improvements are proposed to be completed.

18. Information as required by the Planning Director to allow a determination on environmental review to be made in accordance with the California Environmental Quality Act.

19. Other data or information necessary to complete processing of the map and environmental documents.

E. Upon the written request of the subdivider, the Planning Director in consultation with the City Engineer may waive any of the above tentative map requirements if the Director determines that the type of subdivision does not justify compliance with these requirements, or if the Planning Director determines that other circumstances justify a waiver. The Planning Director may require other drawings, data, or information as deemed necessary by the department to accomplish the purposes of the State Subdivision Map Act and this chapter.

A. No tentative map shall be accepted for processing until the subdivider has completed his or her responsibilities under the preliminary map process, if applicable. No tentative map shall be accepted for processing which is inconsistent with the general and applicable specific plans and zoning unless the subdivider concurrently files the necessary applications to ensure the required consistency.

B. The subdivider shall, at the time of making application for approval of the tentative map, submit to the Planning Director 15 prints of the tentative map and such other information which may be required by this chapter.

C. The subdivider shall, at the time of making application for approval of a tentative map, pay a deposit of the processing fees in an amount established by resolution of the City Council. No map will be filed without the required deposit. Thereafter, no action on the map will be taken by the Planning Commission or the City Council unless all accrued fees have been paid. After filing of the final map, and completion and acceptance of all required improvements, any unexpended fees will be returned to the subdivider.

D. Within 30 days of receipt of an application for a subdivision, the Planning Department shall notify the subdivider in writing as to whether such application is complete. If the application is determined to be incomplete, the Planning Department shall inform the subdivider of additional information required or the procedure by which such application can be made complete. Upon receipt of such additional materials, a new 30-day period shall begin, during which the Planning Department shall determine the completeness of the application.

E. Only an application for a subdivision which has been determined or deemed to be complete shall be filed and processed pursuant to the State Subdivision Map Act and this chapter.

F. The filing of the application for a tentative map shall not preclude the securing of additional information from the subdivider necessary for the proper consideration of the tentative map nor does it ensure that the map complies with the law and with this chapter.

A. The Planning Department shall transmit copies of the tentative map to the City Engineer and affected City departments and public agencies for review.

B. Within 10 days of the filing of a tentative map, the Planning Department shall send a notice of the filing of the tentative map to the West Sonoma County Union High School District or Sebastopol Union School District. Such notice shall also contain information about the location of the proposed subdivision, the number of units, density, and any other information which would be relevant to the school district. The School Board may review the notice and may send a written report thereon to the Planning Commission and City Council. The report shall indicate the impact of the proposed subdivision on the school district and shall make such recommendations as the board deems appropriate. In the event the school district fails to respond within 20 working days of the date on which notice was mailed to the school district for comment, such failure shall be deemed approval of the proposed subdivision by the school district.

A. After a noticed public hearing on the map held within applicable time limits, the Planning Commission shall adopt recommendations for approval, conditional approval or denial of the map. At least three days prior to the public hearing, a copy of any staff report on the tentative map shall be provided to the subdivider.

B. The Planning Commission shall take action within 50 days after certification of the environmental impact report, adoption of a negative declaration, or a determination that the project is exempt from the requirements of the California Environmental Quality Act. The City shall comply with the time periods referred to in Section 21151.5 of the Public Resources Code.

A. The City Council shall hold a noticed public hearing to consider the tentative map and the action of the Planning Commission. The City Council shall conduct the hearing within 30 days after the action of the Planning Commission, unless a later date is agreed to by the subdivider. The City Council shall approve, conditionally approve, or disapprove the tentative map within 10 days following the hearing.

B. The City Council shall make findings and approve, conditionally approve or deny the tentative map. The City Council may impose reasonable conditions for approval of the tentative map and may, in its discretion, deny approval of the map if such conditions cannot be met.

C. If, during City Council review, the City Council determines that the design of the subdivision has been substantially changed since review by the Planning Commission, the City Council may refer the revised subdivision to the Planning Commission for its review and recommendations. In such case, the City Council may continue the matter, deny the subdivision without prejudice or allow the subdivider to withdraw the original application and resubmit the revised design.

D. Copies of the approved tentative map shall remain on file in the Planning Department office.

A. In recommending approval or conditional approval or in approving or conditionally approving a tentative map, the Planning Commission or City Council as applicable shall find:

1. That the proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, any applicable specific plan, and other applicable provisions of this code; and

2. Except for condominium conversion projects where no new structures are added, that the design of the proposed subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, as described in the State Subdivision Map Act and any guidelines promulgated by the City Council.

B. In making recommendations or in disapproving, or in approving or in approving at a lower density a housing development which is in compliance with the applicable plans, zoning and development policies in effect at the time the project’s application was determined to be complete, the Planning Commission or City Council, as applicable shall make written findings based upon substantial evidence in the record that both of the following conditions exist:

1. The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density.

2. There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified other than disapproval of the housing development project or approval upon condition that the project be developed at a lower density.

C. In making recommendations or in approving or conditionally approving a tentative map for the conversion of a mobile home park to another use pursuant to Government Code Section 66427.4, the Planning Commission or City Council, as applicable shall be required to:

1. Take steps to mitigate any significant adverse impact of the conversion on the ability of displaced mobile home park residents to find adequate space in a mobile home park by zoning for additional replacement housing;

2. Find that there already exists land zoned for replacement housing or adequate space in other mobile home parks for those residents who will be displaced;

3. Require the subdivider to take steps to mitigate any significant adverse impacts of the conversion on the ability of the displaced mobile home park residents to find adequate space in a mobile home park; or

4. Make a finding, based upon substantial evidence, that mitigation pursuant to subsections (C)(1) and (3) of this section is not feasible. As used herein, “feasible” shall mean capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

D. The Planning Commission may recommend, and the City Council may deny, approval of the tentative map on any grounds provided by law including, without limitation, a finding that the discharge of waste from the proposed subdivision into an existing community sewer system would result in, or add to, violation of existing requirements prescribed by a State regional water quality control board. A tentative map shall be denied if any of the following findings are made:

1. That the proposed map is not consistent with the General Plan, applicable specific plans, or other applicable provisions of this code;

2. That the design or improvement of the proposed subdivision is not consistent with the General Plan, applicable specific plans, or other applicable provisions of this code;

3. That the site is not physically suitable for the type of development;

4. That the site is not physically suitable for the proposed density of development;

5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Notwithstanding the foregoing, the City Council may approve such a tentative map if an environmental impact report was prepared with respect to the project and a finding was made pursuant to Section 21081 of CEQA that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report;

6. That the design of the subdivision or the type of improvements are likely to cause serious public health problems;

7. That the design of the subdivision or the type of improvements will conflict with easements of record or easements established by court judgment, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the City Council may approve a map if they find that alternate easements for access or for use will be provided and that those will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to the Planning Commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision;

8. That all requirements of the California Environmental Quality Act and the rules and procedures adopted by the City Council pursuant thereto have not been met;

9. That the applicant has failed to submit complete or adequate information;

10. Subject to Section 66474.4 of the State Subdivision Map Act, that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (commencing with Section 51200 of the Government Code) and that the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use.

Any applicable time limits for acting on the tentative map may be extended by mutual consent of the subdivider and Environmental Review Committee, Planning Commission, or City Council, as applicable. A waiver of applicable time limits may be required of the subdivider to permit concurrent processing of related project approvals or environmental review on the same project.

A. An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval unless an extension is approved as provided in SMC 16.28.100. However, if a subdivider who is filing multiple final maps is made subject to a requirement to construct, improve or finance the construction or improvement of certain public improvements outside the boundaries of the tentative map, as set forth in Government Code Section 66452.6, or if the tentative map is on property subject to a development agreement authorized by Government Code Section 65864 et seq., then the expiration date shall be extended in accordance with Section 66452.6(a) of the State Subdivision Map Act. An extension to the expiration date may also be approved as provided in SMC 16.28.100.

B. The period of time specified in subsection A of this section shall not include any period of time during which a development moratorium is in effect as provided in Section 66452.6 of the State Subdivision Map Act.

C. The period of time specified in subsection A of this section shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map only if a stay of the time period is approved by the Planning Commission, as provided in Section 66452.6 of the State Subdivision Map Act.

D. The expiration of the approved or conditionally approved tentative map shall terminate all proceedings, and no final map on all or any portion of the real property included within an expired tentative map shall be filed without first processing a new tentative map.

A. Upon application of the subdivider filed prior to the expiration of the tentative map, the time at which such map expires may be extended by the Planning Commission up to three years. If less than a three-year extension was approved, the subdivider may request additional extensions; provided, that no extension shall entail a new expiration date greater than three years from the original expiration date; and provided, that an extension request is filed prior to permit expiration.

B. Once an application for extension is timely filed, the map shall be automatically extended as provided in Section 66452.6(e) of the State Subdivision Map Act.

C. An extension of time may be granted if the Planning Commission finds the subdivision, at the time the application for the extension of time is heard, conforms to the then-existing General Plan, is consistent with the zoning of the parcels and conforms to the improvement standards that are being imposed upon similar new subdivisions. The Planning Commission may condition its approval by subjecting the subdivider to any increase in applicable development fees or to new development fees which have occurred since the approval of the map.

D. Extensions of vesting maps shall comply with Section 66498.1 of the Subdivision Map Act.

E. The Planning Commission’s action on the extension request may be appealed if such appeal is filed pursuant to Chapter 17.455 SMC within 15 days from the date of Planning Commission action on the extension request.

Approval of a vesting tentative map shall confer a vested right to proceed with development in accordance with Section 66498.1 of the State Subdivision Map Act. Such rights shall expire one year following the recordation of the final map. Where multiple final maps are recorded on various designated approved phases of a project covered by a single vesting tentative map, the time limit set forth herein shall begin for each phase when the final map for that phase is recorded. In accordance with Section 66452.6(g) of the State Subdivision Map Act, a subdivider may apply for a one-year extension of the initial one-year time period, if filed before the map expires.

A. Minor amendments to an approved or conditionally approved tentative map, including the conditions of approval, may be approved by the Planning Director and City Engineer, provided they find that:

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

2. The changes are consistent with the intent and spirit of the original approval.

3. There are no resulting violations of the code or State law.

4. There will be no new significant adverse environmental effects.

5. Each of the property owners has agreed to the amendments.

B. Approved amendments shall be indicated on the approved or conditionally approved tentative map and certified by the Planning Director and City Engineer.

C. Amendments which in the opinion of the Planning Director and City Engineer are not minor or where the Planning Director and City Engineer do not concur as to the significance of the amendments shall be processed in the same manner as the original tentative map.

D. Any approved amendment shall not alter the expiration date of the tentative map.