1. Filing Notice and Reports. (Amended by Ord. No. 165,851, Eff. 6/11/90.) The subdivider shall pay the necessary fees for and file with the City Planning Department at least 25 copies of the Tentative Map, two copies of an area map showing the location of ownerships which are located within the area covered by the Tentative Map and within a 500-foot radius of the proposed subdivision; and two copies of a certified list showing the names and addresses of owners of all property and the addresses of all residential, commercial, and industrial occupants of all property located within 500 feet of the proposed subdivision. Thereafter, the Department shall forthwith furnish a copy of the certified list of names and addresses and a copy of the area map to the Bureau of Engineering and copies of the Tentative Map to each member of the Subdivision Committee and to any other departments or public agencies which the Advisory Agency had determined may have an interest in the proposed subdivision. The members of said committee shall make such examination of the map and property, and make such reports and recommendations to the Advisory Agency as they find are necessary. All such reports must be submitted in writing. Such reports shall be made within 39 calendar days after the filing of the map or within such additional time as the Advisory Agency may approve.
The members of said committee shall, at the time of the submission of their reports to the Advisory Agency, submit copies of such reports to the subdivider. This requirement shall be deemed complied with when such reports or recommendations are placed in the mail, directed to the subdivider at his designated address, and bearing the proper postage. Failure of any member of said committee to submit his report in writing within the time limits specified above shall be construed as indicating that said member has no recommendation to submit concerning the Tentative Map.
The Department shall notify all persons shown on the required list and map provided by the subdivider. Such notification shall be in writing and mailed not less than ten days prior to the Tentative Map being considered by the Advisory Agency.
Notice of the public hearing shall be posted, by the applicant, in a conspicuous place on the property involved at least ten days prior to the date of the public hearing.
2. Action of Advisory Agency. (Amended by Ord. No. 143,254, Eff. 5/14/72.) The Advisory Agency shall approve, conditionally approve or disapprove the Tentative Map within 50 calendar days after the filing of the Map with the City or within such additional time as mutually agreed upon by the Advisory Agency and the Subdivider.
(a) The Advisory Agency may disapprove a Tentative Map because of the flood hazard, inundation, lack of adequate access, lack of adequate water supply or fire protection, insufficient sewerage facilities, potentially hazardous geological conditions or non–compliance with the requirements of this article, the Subdivision Map Act, or the standards, rules or regulations adopted by the Commission pursuant to the provisions of Section 17.05 of this Code.
(b) Whenever two or more lots are to be created on a common slope and the City Engineer or Superintendent of Building determines that conditions so dictate, the Advisory Agency may require as a condition of approval of the Tentative Map that appropriate deed covenants, on a form approved by the City Attorney, be recorded which provide to each owner of said common slope a joint right of entry for necessary access of men and equipment, and a joint easement over the slope area to maintain and repair any portions of said common slope.
(c) All streets on the Tentative Map shall be identified by their proposed names. All proposed street names shall be approved by the City Engineer. The Advisory Agency may withhold approval of the map if the City Engineer has determined that a proposed street name would create confusion, be misleading, be unduly long or carry connotations offensive to good taste and decency. (Added by Ord. No. 158,691, Eff. 3/12/84.)
(d) When the Advisory Agency has disapproved a Tentative Map of a proposed subdivision, it may subsequently approve a new Tentative Map for the same property if it determines that arrangements have been made to correct the conditions which were the cause of the original disapproval within specified time limits. (Redesignated (d), Ord. No. 158,691, Eff. 3/12/84.)
(e) When the Advisory Agency takes action on the Tentative Map, it shall report its action in writing directly to the subdivider and a copy of the Tentative Map showing the action taken by the Advisory Agency on it shall be returned to the subdivider. The City Engineer and the Department of Transportation shall be notified of the action of the Advisory Agency. (Redesignated (e), Ord. No. 158,691, Eff. 3/12/84.)
(f) The Department of Building and Safety may issue a building permit for a small lot subdivision if the applicant for the permit has received a vesting Tentative Tract Map approval or Preliminary Parcel Map approval for the project and has submitted proof to the satisfaction of the Department of Building and Safety that a covenant and agreement has been recorded. This covenant and agreement shall state that the applicant and the applicant's successors and assignees agree that the building permit is issued on the condition that a certificate of occupancy (temporary or final) for the building cannot be issued until after the final map has been recorded. The Department of Building and Safety shall then issue the building permit based upon the approved Tentative or Preliminary Map and its conditions of approval. The dedication, improvement, and sewer requirements identified in the approved Tentative or Preliminary Map or its conditions of approval must be guaranteed to the satisfaction of the Bureau of Engineering at the time of building permit issuance. Projects with the following features are not eligible to receive building permits prior to the recordation of a final map: off-site common access or a street or alley vacation or merger. (Added by Ord. No. 183,165, Eff. 9/15/14.)
3. Appeal to the Appeal Board. (Amended by Ord. No. 177,103, Eff. 12/18/05.) The subdivider, the Mayor, any member of the City Council, or any other interested person adversely affected by the proposed subdivision may appeal any action of the Advisory Agency with respect to the tentative map or the kind, nature or extent of the improvement required to the Appeal Board.
Appeals to the Appeal Board shall be filed in duplicate, in a public office of the Department of City Planning on forms provided for that purpose within ten days of the date of mailing of the written decision of the Advisory Agency and shall be accompanied by the fee required in Section 19.02 of this Code. No appeal shall be considered filed until the form has been properly completed and all information required by it has been submitted. The completed appeal form and file shall then immediately be transmitted to the Appeal Board Secretary for a public hearing before the Appeal Board.
The Appeal Board, upon notice to the subdivider, the appellant and the Advisory Agency, shall hear the appeal within 30 days after it is filed, unless the subdivider consents to an extension of time pursuant to Subdivision 5. of this subsection. At the time established for the hearing, the Appeal Board shall hear the testimony of the subdivider, the appellant, the Advisory Agency and any witnesses on their behalf. The Appeal Board may also hear the testimony of other competent persons with respect to the character of the neighborhood in which the subdivision is to be located, the kind, nature and extent of improvements, the quality or kinds of development to which the area is best adapted or any other phase of the matter into which the Appeal Board may desire to inquire.
Upon conclusion of the hearing, the Appeal Board shall within ten days render its decision on the appeal based upon the testimony and documents produced before it. It may sustain, modify, reject or overrule any recommendations or ruling of the Advisory Agency, and shall make findings consistent with the provisions of this article and the Subdivision Map Act.
Failure to Act. If at the end of the time limit specified in this subsection or at the end of any extension of time pursuant to subdivision 5. of this subsection, the Appeal Board fails to act, the appeal shall be deemed denied; the decision from which the appeal was taken shall be deemed affirmed and an appeal may be filed and taken to the City Council pursuant to Subdivision 4. below.
4. Appeal to Council. (Amended by Ord. No. 177,103, Eff. 12/18/05.) The subdivider, the Mayor, any member of the City Council, the Advisory Agency, or any other interested person adversely affected by the proposed subdivision may appeal any action of the Appeal Board with respect to the tentative map or the kinds, nature or extent of the improvements required by the Appeal Board to the City Council.
Appeals to the City Council shall be filed in duplicate, in a public office of the Department of City Planning on the forms provided for that purpose within ten days of the date of mailing of the written decision of the Appeal Board and shall be accompanied by the fee required in Section 19.02 of this Code. No appeal shall be considered filed until the form has been properly completed and all information required by it has been submitted. The completed appeal form and file shall then immediately be transmitted to the City Clerk for a public hearing before the City Council.
The City Council shall hear the appeal within 30 days after it is filed, unless the subdivider consents to an extension of time pursuant to Subdivision 5 of this subsection. The Council shall give notice of the hearing to the subdivider, the appellant, the Appeal Board and the Advisory Agency. At the time established for the hearing, the Council or its Committee shall hear the testimony of the subdivider, the appellant, the Advisory Agency and any witnesses on their behalf. The City Council may also hear the testimony of other competent persons with respect to the character of the neighborhood in which the subdivision is to be located, the kind, nature and extent of improvements, the quality or kinds of development to which the area is best adapted or any other phase of the matter into which the City Council may desire to inquire.
Upon conclusion of the hearing, the City Council shall within ten days render its decision on the appeal based upon the testimony and documents produced before it. The City Council may sustain, modify, reject or overrule any recommendations or rulings of the Appeal Board and shall make findings consistent with the provisions of this article and the Subdivision Map Act.
If at the end of the time limit specified in this subsection, or at the end of any extension of time pursuant to Subdivision 5. of this subsection, the City Council fails to act, the appeal shall be deemed denied and the decision from which the appeal was taken shall be deemed affirmed. It shall be the duty of the City Clerk to issue the decision.
5. Extension of Time. (Amended by Ord. No. 177,103, Eff. 12/18/05.) Any of the time limits specified in this section may be extended by mutual consent of the subdivider and the Advisory Agency, the Appeal Board or the City Council, as the case may be.
6. Condominium and Stock Cooperative Notice. (Amended by Ord. No. 154,960, Eff. 4/3/81.) The following provisions shall apply only to cases where property is proposed for subdivision into condominiums, stock cooperatives or community apartments, whether by new construction or by conversion of an existing building. In such cases, notice to tenants shall be given as provided herein. These provisions are in addition to other notice provisions of the Municipal Code and shall apply to any subdivision for which notice of the public hearings before the Advisory Agency has not been sent by December 28, 1979. The Department of City Planning shall give notice of any public hearings before the Advisory Agency on a Tentative Map or Preliminary Parcel Map. Such notice shall be in writing and mailed not less than 15 days prior to such public hearing to all names shown on a current list of tenants of the property proposed for subdivision, which list shall be provided by the subdivider and shall include the name and address of one tenant in each rental unit on the property.
The subdivider shall give written notice of any subdivision approval to at least one tenant in each rental unit on the property within 30 days of such approval. The subdivider or record owner of the property for which a subdivision application is pending or approved shall give notice of such fact to any prospective tenant of the property before entering into any written or oral rental agreement with such prospective tenant.
This subsection may be enforced through Tentative Map or Preliminary Parcel Map condition or a covenant running with the land and shall apply to all subdivisions for which an application is filed on or after December 28, 1979.
B. Map Requirement. Tentative Maps filed with the City Planning Department shall be prepared by or under the direction of a licensed surveyor or registered civil engineer. Such maps shall clearly show all information required by this article, and shall be drawn to an engineer’s scale of not less than one inch equals 200 feet.
The Tentative Map shall contain all the following:
1. The tract number.
2. Sufficient legal description of the property to define its boundaries.
3. Names, addresses and telephone numbers of the record owner, subdivider, and person preparing the map.
4. North point, engineering scale, date and area.
5. The widths and approximate locations of all existing and proposed public easements or rights of way, or private street easements, within and adjacent to the property involved. (Amended by Ord. No. 176,321, Eff. 1/15/05.)
6. Locations, widths and approximate grades of existing and proposed highways, streets, alleys or ways, whether public or private within and adjacent to the property involved.
7. Existing street names, and names or designations for all proposed streets and highways.
8. Approximate radii of all center line curves for streets, highways, alleys or ways.
9. Lot layout, approximate dimensions of each lot and number of each lot.
10. The locations of potentially dangerous areas, including geologically hazardous areas and areas subject to inundation or flood hazard; the location, width and direction of flow of all watercourses, flood control channels, and mud or debris paths where ravines or swales will exist within and adjacent to the property involved; building setbacks from such hazards, the proposed method of providing flood, erosion and mud or debris control; and areas where access and emergency paths will be located in the event flood design capacity is exceeded. Lot lines shall be located so that the flow of watercourses and mud and debris paths, access and emergency paths, and setbacks shall be adjacent to lot lines or in areas or restrictions against construction. (Amended by Ord. No. 151,828, Eff. 2/16/79.)
11. The existing contour of the land at intervals of not more than five feet, and of not more than two–foot intervals if the slope of the land is less than five per cent.
12. The approximate location of all buildings or structures on the property involved which are to be retained, notations concerning all buildings which are to be removed, and approximate locations of all existing wells.
13. The approximate location and general description of any large or historically significant trees and of any protected trees and an indication as to the proposed retention or destruction of the trees. (Amended by Ord. No. 177,404, Eff. 4/23/06.)
14. If any streets shown on the Tentative Map are proposed to be private streets, they shall be clearly indicated. Such streets shall conform to the requirements of Article 8 of this chapter or shall have been previously approved in accordance with the then applicable provisions of the said article. (Amended by Ord. No. 126,486, Eff. 3/1/64.)
15. The proposed method of providing sewage disposal and drainage for the property.
16. A statement regarding existing and proposed zoning.
C. Protected Tree Reports for Tentative Tract Maps. (Amended by Ord. No. 177,404, Eff. 4/23/06.) No application for a tentative tract map approval for a subdivision where a protected tree is located shall be considered complete unless it includes a report, in a form acceptable to the Advisory Agency and the City's Chief Forester, which pertains to preserving the tree and evaluates the subdivider's proposals for the preservation, removal, replacement or relocation of the tree. The report shall be prepared by a tree expert and shall include all protected trees identified pursuant to Section 17.06 B.13. of this Code.
In the event the subdivider proposes any grading, land movement, or other activity within the drip line of a protected tree referred to in the report, or proposes to relocate or remove any protected tree, the report shall also evaluate any mitigation measures proposed by the subdivider and their anticipated effectiveness in preserving the tree.