Chapter 16.04


16.04.010    Purpose.

16.04.020    Requirement for application.

16.04.030    Contents and format.

16.04.040    Accompanying information.

16.04.050    Review procedures.

16.04.060    Review findings.

16.04.070    Expiration date.

16.04.080    Amendment of approved tentative maps.

16.04.010 Purpose.

The purpose of this chapter is to prescribe rules and procedures for the regulation and approval of tentative maps. (Ord. 05-002 § 1 (part), 2005)

16.04.020 Requirement for application.

A.    Subdivision and Parcel Map Numbers. Prior to filing a tentative map, a subdivision number shall be obtained from Contra Costa County, and a parcel map number shall be obtained from the city.

B.    Filing of Tentative Map. A tentative map shall be required as set forth in Section 16.02.060. The subdivider shall file fifteen copies, or the number determined by the planning manager based on the complexity of the application, of the tentative map and any accompanying information to the planning division, as required on city application forms.

C.    Fees. The subdivider shall pay the fees established by the city council upon the filing of the tentative map. (Ord. 05-002 § 1 (part), 2005)

16.04.030 Contents and format.

Tentative maps shall show the proposed subdivision’s design and improvements and conditions existing in and around the subdivision, and shall contain information sufficient to allow the planning commission and/or the city council to make the findings required by Section 16.04.060. Information that cannot be conveniently shown on the tentative map shall be contained in a written statement accompanying the map.

A.    Contents. The map shall include, but shall not be limited to, the following, unless such submittal information is waived by the city engineer or planning manager:

1.    A title, which shall contain the subdivision number, subdivision name and type of subdivision;

2.    Name and address of legal owner, subdivider and signature of the person preparing the map, including registration or license number;

3.    Signature and certification blocks with the owner’s certificate completed and signed by owner and subdivider;

4.    Sufficient legal description to define the boundary of the proposed subdivision;

5.    The names and numbers of adjacent subdivisions and names of owners of adjacent platted and unplatted land;

6.    Date, north arrow, scale, contour interval and source and date of existing contours, including the date of latest revisions and signature of the person making the revisions;

7.    A statement of present zoning and of existing and proposed uses of the property as well as any proposed zoning changes, whether immediate or future;

8.    A vicinity map showing roads, adjoining subdivisions, towns, creeks, railroads and other data sufficient to locate the proposed subdivision and show its relation to the community;

9.    Existing topography of the proposed site and at least two hundred feet beyond its boundary, including but not limited to:

a.    Existing contours at two-foot intervals if the existing ground slope is less than ten percent and at not less than five-foot intervals for existing ground slopes equal or greater than ten percent. Contour intervals shall not be spread more than one hundred fifty feet apart. Existing contours shall be represented by dashed lines or by screened lines. The top of any creek bank and drainage channel shall be noted,

b.    Boundary, limits, nature and extent of wooded areas, specimen trees, and other significant physical features. Existing trees and shrubbery in excess of three feet in height. Species, circumference and dripline of existing trees with a trunk diameter of four inches or more at breast height. Any trees proposed to be removed shall be so indicated,

c.    The location and outline of existing structures identified by type. Structures to be removed shall be so marked; this includes retaining walls greater than three feet in height above ground,

d.    The approximate location of all areas of potential stormwater overflow; the location, width and direction of flow of each watercourse; and the flood zone designation. The water quantities under natural and developed conditions shall be provided for each watercourse including: the existing drainage system of the subject site and within two hundred feet, location of existing inlets, pipes, natural swales, creeks, creek top of bank elevation and centerline; size, slope of existing pipes and inverts of existing inlets, and manholes; invert at point of connection to an existing swale, creek, pond, etc.,

e.    The location, pavement and right-of-way width, grade and name of existing streets or highways, including existing curbs, gutters, driveways, sidewalks, and curb ramps,

f.    The widths, location and identity of all existing easements,

g.    The location and size of existing sanitary sewers, fire hydrants, water mains and stormdrains. The approximate slope of existing sewers and stormdrains shall be indicated. The location of all existing overhead and underground utility lines, pipes, hand holes, manholes, utility vaults, pump stations, and other improvements in or adjacent to the right-of-way and peripheral streets shall be indicated.

10.    Proposed improvements to be shown shall include but not be limited to:

a.    The location, grade, centerline radius and arc length of curves, pavement, right-of-way width and name of all streets. Typical road and paving cross-sections of all streets shall be shown, and all public streets shall meet city standards. All streets shall also meet the fire district’s grade, clearance, surface, width, and turnaround requirements. Proposed private streets shall be clearly indicated,

b.    The location and radius of all curb returns, sidewalks, pedestrian ramps, and cul-de-sacs; at a minimum the proposed top of curb grades shall be shown at curb returns and grade breaks,

c.    The location, width, and purpose of all easements, including temporary utility and emergency easements,

d.    The angle of intersecting streets if such angle deviates from a right angle by more than four degrees,

e.    Vehicular and pedestrian circulation patterns. Parking plans showing spaces, typical size and type, aisle width, curb cuts, drives, driveways, and all ingress and egress areas and dimensions,

f.    Utility corridors (aerial or underground, including transformers),

g.    Street lights, traffic signals, turn-a-rounds, stop signs and bars, retaining walls, and property-line walls or fences,

h.    The approximate lot layout and the approximate dimensions of each lot and each building site. 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, the number of each lot, the elevation of adjacent parcels, and proposed retaining walls,

i.    Existing property lines of adjacent parcels,

j.    Proposed common areas and areas to be dedicated to public open space,

k.    The location and size of sanitary sewers, fire hydrants, water mains and stormdrains. Proposed slopes and approximate elevations of sanitary sewers and stormdrains shall be indicated. The proposed routing of stormwater runoff generated by a one hundred-year flood release points shall also be indicated,

l.    The size, location, and setbacks dimensioned for any existing or proposed structures, easement or land reserved for or dedicated to public use, to be retained or removed,

m.    A statement as to the intention of the subdivider in regard to slope planting and erosion control, including conceptual landscaping plans.

10.    A schedule of applicable zoning requirements, including lot areas, width, setbacks, open space, and parking;

11.    The name or names of any geologist or soils engineer whose services were required in the preparation of the design of the tentative map;

12.    If the subdivider plans to develop the site in units or phases, the proposed units or phases and their proposed sequence of construction shall be shown.

B.    Format. The size of each sheet shall be twenty-four inches by thirty-six inches. 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 one hundred 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 the 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. When four or more sheets including the certificate sheet are used, a key sheet shall be included. 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. (Ord. 05-002 § 1 (part), 2005)

16.04.040 Accompanying information.

A tentative map shall be accompanied by the following data or reports. This information shall be submitted at the time the tentative map is filed.

A.    Street Names. A list of proposed street names for any unnamed street or alley.

B.    Soils Report. A preliminary soils report as required by Sections 66490 and 66491 of the Government Code. If this report indicates the presence of critically expansive soils or other soils problems which, if not corrected, could lead to structural defects, the soils report accompanying the final map shall contain an investigation of each lot within the subdivision. The report shall include investigation of earthquake-hazard requirements if the property is within the Alquist-Priolo Special Studies Zone.

C.    Title Report. A preliminary title report showing the legal owners of the time of filing and any deed restrictions, covenants, and easements.

D.    Relocation. A relocation plan if there will be a displacement of persons residing in any existing residential units.

E.    Environmental Assessment. Environmental data and such fees as may be required to make environmental determinations pursuant to the California Environmental Quality Act.

F.    Preliminary Engineering Calculations. Information shall be submitted to demonstrate the adequacy of the design of the proposed improvements. Such information shall include design parameters and engineering calculations including, but not limited to slope stability, storm drainage quantities, hydraulic analysis, and pavement sections.

G.    Statement Regarding Hazardous Waste. Pursuant to Government Code Section 65962.5, a signed statement to the planning division indicating whether the subdivision is located on a site which is included on any of the local lists prepared by the California Integrated Waste Management Board of all solid waste facilities from which there is a known migration of hazardous waste;

H.    Information on Hazardous Materials and Emissions. Information on hazardous materials and hazardous emissions as required by Government Code Section 65850 shall be provided.

I.    Subsurface Geotechnical/Geologic Reports. The city engineer may require subsurface geotechnical/geologic examinations and reports that include the following:

1.    Subsurface observations (including drilling to establish bedrock) to consider the potential, on the entire slope face, both on and adjacent to the subject property, for ground failure, erosion subsidence, differential settlement, and any other adverse environmental effect;

2.    Recommendations for restrictions on development where development poses a hazard and proposed mitigation measurements for hazardous conditions; and

3.    Reference to all geologic safety concerns and events discussed in the safety element of the general plan as they relate to the subject property.

J.    Other Reports. Other reports deemed necessary by the city engineer or planning manager to comply with the approval requirements of this title. (Ord. 05-002 § 1 (part), 2005)

16.04.050 Review procedures.

The review procedures for tentative subdivision maps shall be as set forth in this section.

A.    Determination of Completeness. Upon receipt of a tentative subdivision map and any accompanying information, the planning division shall make a determination of application completeness and notify the applicant in writing of its determination within thirty days after receipt of the application.

B.    Transmittal. If the application is found to be complete the planning division shall transmit copies of the tentative map together with accompanying data to such public agencies and utilities as may be concerned or required by Government Code Sections 66453, 66455, 66455.3 and 66455.7.

C.    City Engineer Review. The city engineer shall submit a written report to the planning commission of recommendations in relation to the requirements of this title, the Subdivision Map Act, and other applicable ordinances and regulations.

D.    Planning Division Review. The planning division shall submit a written report to the planning commission of recommendations in relation to the requirements of this title, the general plan, the zoning ordinance, and the other applicable ordinances and regulations.

E.    Recommendations to Subdivider. Pursuant to Government Code Section 66452.3, all recommendations and reports prepared by city staff on the tentative map shall be forwarded to the subdivider at least three days prior to any hearing or action on the map. In instances of a residential condominium conversion, all tenants shall receive the city staff reports.

F.    Planning Commission Action.

1.    For parcel maps, the planning commission shall hold a public hearing and shall approve, conditionally approve or disapprove the tentative map within fifty days after certification of an environmental impact report, adoption of a negative declaration, or a determination by the city that the project is exempt from the requirements of the California Environmental Quality Act; or

2.    For subdivision maps, the planning commission shall hold a public hearing and shall make its recommendation to the city council within fifty days after certification of an environmental impact report, adoption of a negative declaration, or a determination by the city that the project is exempt from the requirements of the California Environmental Quality Act.

G.    City Council Action. In accordance with Government Code Section 66452.2, at the next regular meeting following the filing of the planning commission’s recommendation with it, the city council shall fix the meeting date at which the tentative map will be considered. The scheduled date shall be within thirty days of the city council regular meeting, and the city council shall approve, conditionally approve, or disapprove the tentative map within this thirty-day period.

H.    Notice of Public Hearing. Notification of any public hearings shall be given pursuant to Government Code Sections 65090, 65091 and 66451.3(a). In addition, notice shall be given in accordance with the provisions of this section.

1.    A notice setting forth the time, place, purpose of hearing, and map or physical description of the land involved shall be sent by mail at least ten days before the meeting to the following persons:

a.    All owners of real property subject to the subdivision of land; and

b.    Each property owner within three hundred feet of the property subject to the subdivision of land.

2.    A notice setting forth the date, time, and place shall be published at least ten days prior to the hearing date in a newspaper of general circulation in the city. The notice shall describe the proposed subdivision; describe the parcels, properties, or areas that are affected by the subdivision request; and provide other pertinent information in such a manner that the subdivision request and its effect(s) can be clearly identified.

I.    Notice of Approval. The planning division shall notify the subdivider, in writing, of the action taken by the planning commission, in instances of parcel maps, and the city council, in instances of tract maps. Such notification may be accompanied by one copy of the tentative map and one copy of the appropriate resolution(s).

J.    Appeals. Appeals of any planning commission decision on the parcel map subdivision shall be filed with the city clerk within ten days after the date of the decision, in accordance with Government Code Section 66452.5.

K.    Approval by Inaction. If, after holding a public hearing, the review authority does not approve or disapprove the tentative map within the prescribed time, or any authorized extension thereof, the tentative map as filed shall be deemed to be approved, insofar as it otherwise complies with all applicable requirements and rulings, including but not limited to this title, the zoning ordinance, the general plan, other ordinances of the city of San Pablo, the State Subdivision Map Act, and Sections 65952.1 and 65956 of the Government Code. (Ord. 05-002 § 1 (part), 2005)

16.04.060 Review findings.

Prior to approving an application for a tentative map, the review authority shall find that all of the following are true:

A.    Plan Consistency. That the proposed map is consistent with the general plan and any applicable specific plan or other adopted applicable plan;

B.    Design or Improvement. That the design or improvement of the proposed subdivision is consistent with the general plan and any applicable specific plan;

C.    Type of Development. That the site is physically suitable for the type of development proposed;

D.    Density of Development. That the site is physically suitable for the proposed density of development;

E.    Fish or Wildlife. That neither the design of the subdivision nor any proposed improvements is likely to cause substantial environmental damage, or substantially and avoidably injure fish or wildlife or their habitat;

F.    Public Health. That the design of the subdivision or type of improvement is not likely to cause significant public health problems;

G.    Access. That the design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through, or use of property within, the proposed subdivision. (Ord. 05-002 § 1 (part), 2005)

16.04.070 Expiration date.

A tentative map that has been approved or conditionally approved shall expire twenty-four months after the date of its approval or conditional approval except as provided by Government Code Section 66452.6. The review authority may grant an extension of the expiration date for a period or periods not to exceed three years. Requests for extensions shall be submitted in writing to the planning division prior to the expiration date. Upon submittal of an application by the subdivider to extend the expiration date of a tentative map, the expiration date shall automatically be extended until the application is acted upon by the review authority. If the review authority denies a subdivider’s application for extension, the subdivider may appeal the decision within ten days after the denial. (Ord. 05-002 § 1 (part), 2005)

16.04.080 Amendment of approved tentative maps.

A.    Minor Changes—Criteria. Minor changes in the tentative map may be approved by the city upon application by the subdivider or on its own initiative, provided:

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

2.    Such changes are consistent with the intent and spirit of the original tentative map approval; and

3.    There are no resulting violations of the city of San Pablo municipal code.

B.    Minor Changes—Process. Any such minor amendment shall be approved by the city engineer and planning division. The amendment shall be indicated on the approved map and signed by the city engineer and the planning manager.

C.    Other Changes. Amendments of the tentative map that the planning division determines are not minor shall be presented to the original review authority for approval. (Ord. 05-002 § 1 (part), 2005)