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(a) The Director, with the assistance of other City Agencies, shall prepare and publish the Treasure Island and Yerba Buena Island Subdivision Regulations ("Subdivision Regulations") needed to implement and supplement this Code in accordance with the SMA, this Code, the Project Documents and City Regulations. Subdivision Regulations may be adopted to apply to all or part of the Treasure Island and Yerba Buena Development Project Site.
(b) Such Subdivision Regulations shall be adopted or amended by the Director after holding a public hearing. Prior to the decision of the Director to amend or adopt the Subdivision Regulations, TIDA shall find such regulations consistent with the DDA.
(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)
(a) Upon written application by the Subdivider, the Director, subject to the SMA, may authorize exceptions, waivers or deferrals to any of the requirements set forth in this Code and in the Subdivision Regulations.
(b) Before granting any such exception, waiver, or deferral, in whole or in part, the Director must find:
(1) That the application of certain provisions of this Code or the Subdivision Regulations would result in practical difficulties or unnecessary hardships affecting the property inconsistent with the general purpose and intent of the Project Document and City Regulations;
(2) That the granting of the exception, waiver, or deferral will not be materially detrimental to the public welfare or injurious to other property in the area in which said property is situated; and
(3) That the granting of such exception, waiver, or deferral will not be contrary to the Project Documents or City Regulations.
(c) In granting any such exception, waiver, or deferral, the Director shall designate the conditions under which the exception is granted.
(d) The Director shall not grant any exceptions in violation of the SMA.
(e) The standards and requirements of this Code and the Subdivision Regulations shall, where necessary, be modified by the Director where the Director finds such modifications are necessary to assure conformity to and achievement of the standards and goals of the applicable Project Documents.
(f) If the Director elects to hold a public hearing with respect to an application for exception, waiver, or deferral, the Director shall give notice not less than 10 days and no more than 15 days prior to the hearing date as provided in Subsection (a) of Section 1713.
(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)
A Subdivider may file Tentative Maps and Final Maps or Parcel Maps for the purpose of financing and conveyancing only (hereinafter referred to as a "Transfer Map").
(a) When a Subdivider submits a Tentative Map or Parcel Map application for a Transfer Map, the proposed map shall have printed conspicuously on its face "FOR PURPOSES OF FINANCING AND/OR CONVEYANCING ONLY."
(b) Except as provided in subsection (f) below and unless otherwise required by the SMA, a Transfer Map shall not be subject to any requirement or condition for the provision of Improvement Plans, grading or construction plans, Public Improvements, or any infrastructure, as may be described in the Project Documents, that will be provided in connection with subsequent or concurrent City permits, subdivision or parcel maps and Improvement Plans. Except as described above, an Improvement Agreement, as defined herein, shall not be required in connection with a Transfer Map.
(c) The Final or Parcel Map for a Transfer Map shall contain notes, restrictions, references or conditions as approved by the City, which may, among other things, prohibit development on the parcels absent compliance with the Project Documents and all other applicable City Regulations.
(d) No Transfer Map may be approved without TIDA approval.
(e) Approval of a Transfer Map shall not be deemed to permit any development of, or construction on, a parcel.
(f) Multiple Final Maps relating to an approved or conditionally approved Tentative Transfer Map may be filed prior to the expiration of the Tentative Transfer Map if the Subdivider files a notice pursuant to Section 1722(d)(1)(vi) or, after the filing of the Tentative Transfer Map, the Subdivider and Director (after consulting with TIDA) concur in the filing of multiple Final Maps. Subject to the provisions of SMA Section 66463.1 and 66456.1 and all other applicable provisions of this Code, the Director shall grant a Certificate of Approval of Multiple Final Maps at the time the Director approves a Tentative Transfer Map so long as the Tentative Transfer Map: (1) applies only to property that is subject to a disposition and development agreement with TIDA that contains an approved phasing plan, land use plan, schedule of performance, and infrastructure plan; and (2) is consistent with such phasing plan, land use plan, schedule of performance, and infrastructure plan. The provisions of Section 1755.1 shall not apply to Tentative Transfer Maps or to multiple Final Maps that are proposed to be recorded based on Tentative Transfer Maps.
(g) The Director may waive certain submittal requirements for Tentative Maps for a Transfer Map application in accordance with Section 1722(c) hereof.
(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)
"Lot line adjustment" shall have the meaning as described in Government Code Section 66412. Applications for lot line adjustments shall be considered by the Director consistent with the provisions of Government Code Section 66412.
(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)
(a) The Director shall give notice in the following manner for each application for a Tentative Map or for a Parcel Map for which a Tentative Map is not required, and an application for an exception, waiver, or deferral filed pursuant to Section 1712 if the Director elects to hold a hearing under Section 1712(f).
(1) Notice of the Director's receipt of an application shall be published in at least one newspaper of general circulation within the City and County of San Francisco.
(2) Notice of the Director's receipt of the application shall be mailed or delivered to each local agency expected to provide or approve water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.
(3) Notice of the Director's receipt of the application shall be mailed or delivered to any person who has filed a written request for notice with the Director's office.
(b) If the Director is required or elects to hold a public hearing with respect to an application, he or she shall give notice not less than 10 days prior to the hearing date as provided in Subsection (a) of this Section, including providing notice to any person that requested a hearing. No public hearing shall be held until after Government Agencies' and City Agencies' comments are received or the time period for receiving such comments has run, whichever occurs first, and the Director has provided a written report in accordance with Section 1729.
(c) All applications for a Tentative Map, or for a Parcel Map for which a Tentative Map is not required, shall include, in addition to all other information required:
(1) A list of the names, assessor's lot and block numbers and mailing addresses of all those shown in the last equalized assessment roll as owning property within 300 feet of the property proposed to be subdivided.
(2) A 300-foot radius map delineating all the properties described in Subsection (c)(1).
(3) One set of stamped envelopes preaddressed to each of the listed property owners, suitable for mailing notice of any hearing or appeal thereon. Blank Department of Public Works envelopes will be furnished to a proposed Subdivider on request. Unused envelopes will be returned to the proposed Subdivider on request.
(d) Any Department of Public Works hearing required or permitted by this Code may, at the discretion of the Director, be held jointly with the Planning Department. The provisions of this Section shall be superseded by those of any amendment to California Government Code Sections 65090 or 65091, or by any provision of the SMA, should the amended provisions require additional notice.
(e) Applications for Tentative and Parcel Maps shall be processed in compliance with the Project Documents, City Regulations, California Government Code Sections 65920 to 65963.1 and any applicable Government Code Section amendments.
(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)
(a) The proposed Subdivider, or any person, may appeal to the Board from a final decision of the Director approving, conditionally approving, or disapproving a Tentative Map, or a Parcel Map for which a Tentative Map is not required. Any such appeal must be filed in writing with the Clerk of the Board within 10 days of the date of the decision appealed, and must be accompanied by the fee specified in this Code.
(b) The Director shall mail or deliver to the proposed Subdivider, and any person who owns property within 300 feet of a proposed subdivision, notice of: (1) his or her decision, and the findings in support of such decision, on any Tentative Map, or Parcel Map for which a Tentative Map is not required, and of any conditions which may have been incorporated in a conditional approval; (2) the right to appeal the Director's decision; and (3) the availability for examination of the Director's report.
(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)
(a) Fees, payable to the Department of Public Works, shall be charged for checking and processing all maps, plans and reports, including all condominium maps and Parcel Maps, filed under this Code. Said fees shall consist of an initial payment in accordance with the estimated actual cost of checking the maps, plans and reports, together with investigations incidental thereto, and shall be paid before or at the time of filing a Tentative Map or a Parcel Map. Where initial payment is insufficient to compensate the actual cost incurred, an additional sum shall be charged to equal such actual cost. Fees for Parcel Maps, excepting condominium maps, which do not require the filing of a Tentative Map, and which do not involve street dedications or improvements, and for Parcel Map waivers shall be charged for checking and for processing in accordance with the City's Subdivision Code. All such fees for Parcel Maps shall be paid at time of filing. Fees based on the actual cost of processing shall be charged to (1) the person requesting a certificate of compliance for processing and making a determination on the request, (2) the owner of the property who files a petition for initiating reversion to acreage proceedings for processing the petition and (3) the Subdivider for checking, processing and recording an amended map or certificate of correction.
(b) A fee of $250 shall be charged to the appellant to defray costs of an appeal under Section 1714 of this Code.
(c) Payment of fees charged under this Code does not waive the fee requirements of other ordinances and rules and regulations pursuant thereto.
(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)