Title 26 SUBDIVISIONS
Editor's Notes
For the statutory provisions pertaining to subdivided lands and subdivisions see Cal. Gov't. Code §§ 66410 et seq.
Chapter 26.04 GENERAL PROVISIONS
26.04.010 TITLE.
This title shall be known and may be cited and referred to as the "San Mateo City Subdivision Code."
26.04.020 AUTHORITY.
This title is adopted pursuant to Section 11 of Article XI of the State Constitution, the State Subdivision Map Act and the City Charter. All terms used herein, which are defined in the Subdivision Map Act, shall have the same meaning as ascribed in said act except that, where appropriate from the context, the term "subdivision" shall be construed to include divisions of land other than those defined as subdivisions by said act. The provisions of this title are supplemental to the provisions of the Subdivision Map Act.
26.04.030 APPLICABILITY.
The provisions of this title shall apply to the subdivision or other division of land for any purpose whatsoever within the City.
26.04.040 PURPOSE.
This title is adopted to regulate the division of land and to require the construction of certain prescribed improvements which are needed as a consequence of the division of land in order to achieve the following purposes among others:
(1) To promote the public health, safety, convenience and general welfare;
(2) To insure the development of land in a manner consistent with the community objective as set forth in the general plan;
(3) To insure that all subdivision and development of land conforms to the primary objectives of preserving and enhancing the qualities of the community and such attributes as may hereafter be set forth in the general plan;
(4) To protect property in the City against deterioration and obsolescence;
(5) To preserve and protect the natural amenities of the community and to establish the character thereof, and through design, provide a harmonious relationship between the completed subdivision and its natural environment;
(6) To provide lots of adequate size and appropriate design for the purposes for which they are to be used;
(7) To protect the community to the maximum extent from: excessive stormwater runoff; wanton destruction of trees; increased soil erosion; earth movement; earthquake hazards; and other geological hazards;
(8) To make law enforcement and fire protection easier through orderly design in the development and construction of adequate facilities and improvements;
(9) To ensure, at the time of subdivision, the construction of adequate storm drainage, sewage disposal, and other utilities, services, and improvements needed as a consequence of the division of land;
(10) To ensure that governmental costs are minimized by requiring the installation of improvements of adequate size and quality;
(11) To provide streets of adequate capacity, with appropriate improvements; to provide access to abutting property and to carry the anticipated traffic; and to ensure that streets are designed so as to minimize hazards to the safety of vehicles and their occupants, as well as to pedestrians;
(12) To ensure that street rights-of-way are in harmony with the total environment and provide a sense of open space to that portion of the community;
(13) To provide pedestrian paths and other features for the safety and convenience of pedestrians desiring access to community facilities, for travel throughout the community, and for enjoyment of the natural amenities of that portion of the community;
(14) To minimize through traffic on residential streets;
(15) To make possible the coordination of subdivision development with the provision of public facilities such as parks, recreation areas and schools;
(16) To assist in implementing the general plan and especially such elements as the policy on land use and intensity of development and the preservation of natural amenities.
26.04.050 INTERPRETATION.
In interpretation and application, the provisions of this title shall be held to minimum requirements, except where they are expressly stated to be maximum requirements. It is not intended to impair or interfere with any private restrictions placed upon property by covenant or deed; provided, however, that where this title imposes a greater restriction upon the subdivision of land than is imposed or required by such private restrictions, the provisions of this title shall control.
Whenever any provision of this title and any other provision of this code, or resolution of any kind, imposes overlapping or contradictory regulations with respect to the subdivision of land, or contains any restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards or requirements shall govern.
Whenever requirements are set forth in general terms in this title, the details of such requirements may be set forth in policies adopted from time to time by the Planning Commission and/or the Council.
26.04.060 GUIDING PRINCIPLES.
In the application of these regulations, consideration will be given, within the established framework of local streets, to the provision of uniformity of street widths where appropriate and for a properly relating alignment of street names. Preservation of the privacy and safety of streets in residential areas shall be encouraged by the prevention of through traffic in such areas. The width and design of the streets required shall be directly related to the vehicular and pedestrian traffic-generating characteristics of the anticipated uses of the abutting land. Traffic capacities shall be provided to meet anticipated external travel needs, where appropriate. The number of intersections on thoroughfares shall be kept to a minimum consistent with the basic needs of ingress and egress. Intersections shall be so designed as to provide optimum safety for pedestrians and motorists and other users of the streets. Provisions shall be made for assuring adequate light, air and privacy on all parcels of property regardless of the land use. Topography and vegetation of exceptional character shall be respected, and streets shall be designed so as to prevent excessive grading and scarring of the landscape. Special care shall be taken in the design and construction to provide stable soil and subsoil conditions. Problems of drainage shall be resolved in such manner as to provide substantial security against excessive runoff or flooding, earth movements and excessive erosion.
26.04.070 GENERAL PLAN.
The general plan shall be considered the guide to the use and development of all land within the corporate limits of the City. The general plan shall be used as a guide to the character of land division, including lot size and arrangement; the type and extent of streets; utilities and public facilities that shall be provided by the subdivider; and other development policies as may from time to time be incorporated therein.
26.04.080 SPECIFIC PLANS.
All divisions of land shall conform with applicable specific plans adopted in conformance with the requirements of this code for the purpose of effectuating the general plan. All divisions of land shall conform to the zoning regulations, and where this chapter proposes standards lower than those of the zoning regulations, the latter shall prevail.
26.04.090 ADVISORY AGENCY.
(a) The Planning Commission is designated the advisory agency with respect to subdivisions, as provided by the Subdivision Map Act, and shall have all the powers and the duties with respect to subdivisions and other divisions of land specified in the Act and in this Title, with the exception of those divisions subject to a parcel map or lot line adjustment.
(b) The Development Review Board is designated the advisory agency with respect to those divisions of land subject to a parcel map pursuant to this Title except as may be filed for purposes of a lot line adjustment or merger.
(c) The Director of Public Works is designated as the advisory agency for review of lot line adjustments, merger applications, and certificates of compliance.
26.04.100 ZONING ADMINISTRATOR.
The Zoning Administrator is authorized to review tentative subdivision maps and to make recommendations to the Planning Commission, and approve tentative parcel maps as provided by this Title.
26.04.120 FORMS—PROCEDURES.
The Planning Commission may establish forms and procedures for filing maps and information required by this title provided they are not inconsistent with this title or the Subdivision Map Act.
26.04.130 TEMPORARY REAL ESTATE SALES OFFICE.
Temporary real estate sales or leasing offices housed in temporary structures may be permitted on the property being subdivided without affecting the subdivision map, or parcel map under which the division occurs. Permission for the temporary structure shall be limited to the period of construction, and the structure shall be removed within thirty (30) days after the complete sale or leasing of the subdivision, or within thirty (30) days after the certification of occupancy of a structure or a portion thereof of the subdivision, whichever is earlier. Such a permit for temporary sales use and temporary structures shall be subject to the conditions and procedures of title 27 of this code.
26.04.140 HANDICAPPED ACCESS.
The Handicapped Access Regulations of the state as prepared by the Office of State Architect shall be followed wherever they are applicable.
26.04.150 TOLLING OF TIME PERIODS.
Time periods specified under this title shall be subject to tolling pursuant to applicable provisions of the Subdivision Map Act.
Chapter 26.08 DEFINITIONS
26.08.010 DEFINITIONS GENERALLY.
For the purpose of this title, certain terms used herein are defined as set forth in this chapter.
26.08.020 BLOCK.
"Block" is the land surrounded by streets, or which is designated as a block on a subdivision map.
26.08.030 ENGINEERING GEOLOGIST.
"Engineering geologist" is a person registered under the laws of this state to practice geology as a registered geologist.
26.08.040 LOT.
"Lot" is a unit of land shown as a lot on a subdivision map.
26.08.045 MERGER.
"Merger" is a subdivision in which an existing number of lots is reduced by one or more lots.
26.08.050 OWNER.
"Owner" is the person having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under the law of the Subdivision Map Act and this title.
26.08.060 PARCEL.
"Parcel" is all contiguous lots or parcels in one ownership, or by legal entities having a community of interest.
26.08.070 SUBDIVIDER.
"Subdivider" is any person commencing proceedings under this title to effect a subdivision of land.
26.08.080 SUBDIVISION.
"Subdivision" is the division, redivision, or combination of any unit or units of improved or unimproved land, or any portion thereof, as defined in the Subdivision Map Act, and does not include those divisions expressly excluded by the Act, meeting the requirements, if any, of the Act for exclusion.
Chapter 26.12 PROCEDURE
26.12.010 COMPLIANCE REQUIRED.
Every person desiring to divide a piece of land in the City into two or more lots, or to combine two or more parcels into one, shall follow the procedures required by this title.
26.12.035 LOT LINE ADJUSTMENTS.
(a) Where an owner or owners propose to adjust the lot lines between two or more lots and the result will be neither a greater nor a lesser number of lots, the procedures contained in Chapter 26.58 shall be complied with if:
(1) The adjustment will not cause any lot to become nonconforming with respect to any provision of this Code nor cause any increase in any existing nonconformance with this Code of any lot;
(2) The adjustment does not involve any lot not lawfully existing under State law or this Code;
(3) The land is to be taken from one lot and added to an adjacent lot.
26.12.040 UNDER FIVE LOTS—UNDER FIVE ACRES.
(a) A subdivider proposing a subdivision that would create the following shall apply for either a tentative parcel map pursuant to Chapter 26.56 or a tentative map pursuant to Chapter 26.48:
(1) Four or fewer lots;
(2) Four or fewer condominiums as defined in the Civil Code;
(3) A community apartment project containing four or fewer parcels;
(4) The conversion of a dwelling to a stock cooperative containing four or fewer dwelling units; or
(5) Any number of lots but involving total acreage of less than five (5) acres; all of the proposed lots will face on an existing dedicated and improved street complying with all requirements of the City; and no new streets, street improvements, easements, or dedications are needed because of the proposed subdivision.
Notwithstanding this Subsection, in all conversions of a dwelling, community apartment project, or a stock cooperative to a condominium, regardless of the number of lots, parcels, condominiums, or dwelling units involved, a tentative and final subdivision map shall be required.
(b) All subdivisions not permitted by the filing of a parcel map pursuant to this Section or lot line adjustment shall require tentative and final subdivision maps pursuant to this Title.
26.12.050 PUBLIC UTILITY SUBDIVISION.
When a public utility possessing the power of eminent domain proposes to divide land for the purpose of creating a site for a facility of the company, the provisions of this title relating to the filing of a subdivision or parcel map shall be complied with; provided, however, that the filing of a tentative subdivision map or tentative parcel map and accompanying procedures may be waived by the Director of Community Development. In order to request such an exception, the utility company shall submit a map, or maps, and other information sufficient to describe the essential features of the lands involved and the proposed utility site.
Chapter 26.16 MISCELLANEOUS DESIGN STANDARDS
26.16.010 SEWAGE DISPOSAL.
(a) Disposal of all sewage shall be by means of public sanitary sewers. Sewers and laterals shall be installed and connected to existing systems in accordance with the design standards and specifications on file in the public works department. Sizing of facilities, which may also serve areas beyond the subdivision, or which may be expected to serve nonresidential uses, shall be as required by the Director of Public Works.
(b) No proposal for any subdivision shall result in violation of existing requirements prescribed by the San Francisco Bay Regional Water Quality Control Board pursuant to the California Water Code.
26.16.020 WATER SUPPLY.
The water supply shall be as furnished by the local utility and shall be sufficient to meet the requirements of this code. The water supply proposed and the location of all fire hydrants shall be to the satisfaction of the Director of Public Works and the fire chief.
26.16.030 FIRE HYDRANTS.
Fire hydrants shall be placed pursuant to chapter 10 of the Uniform Fire Code as adopted by this code.
26.16.040 STREET PLANTINGS.
All plantings made within the street right-of-way shall be in conformance with the Street Tree Master Plan on file in the office of the landscape resources superintendent, and shall be to the form and number as required by this code. All such plantings shall be designed and installed with traffic and pedestrian safety in mind.
26.16.050 PUBLIC FACILITY SITES.
Where the site for a proposed public school is located within a proposed subdivision, the City may, as a condition of approval, require the subdivider to offer to sell the school site to the school district under the terms and conditions set forth in the Subdivision Map Act. Where the site for a park or recreational facility is located within a proposed subdivision, the provisions of section 26.64.0l0 shall apply. In cases where the proposed park and recreational facilities or other public facilities should be located within a proposed subdivision in order to serve that subdivision and adjacent lands, and these reservations would be in excess of the requirements of section 26.64.010, the subdivider shall reserve the excess site area in an amount and location as may be specified by the City. All of these reserved areas shall be held by the subdivider for a period of not less than one year to afford the City or other applicable public agency the opportunity to purchase the site for the purpose specified.
26.16.060 OPEN SPACE EASEMENTS.
The dedication of open space easements within a proposed subdivision may be required for the purpose of:
(1) Protecting significant natural vegetation;
(2) Preserving views and other visual amenities;
(3) Preserving open spaces which are integral elements of an approved overall plan;
(4) Preventing and limiting drainage and erosion problems;
(5) Controlling the amount and character of any permitted improvements within such easements.
If such an easement is required, the subdivider shall execute a deed to the City that includes such reasonable restrictions as may be imposed to carry out the intent of this title and the general plan and that is in a form acceptable to the City Attorney.
26.16.070 SITE DEVELOPMENT.
All grading and other aspects of site development covered by Chapter 23.40 shall be carried out in accordance with the provisions of said chapter.
Chapter 26.20 LOTS
26.20.010 SUITABILITY FOR PURPOSE.
All subdivisions shall result in the creation of lots which are capable of being developed or built upon while retaining the basic natural qualities of the site. No subdivision shall create lots which are impractical for improvement of use due to steepness of terrain, location of water courses, periodic flooding, earth movement, size, shape, or other physical conditions.
26.20.020 SIZE.
(a) The minimum area and dimensions of all lots shall conform to the requirements of this code, the design standards and specifications or to an approved planned unit development or a planned community development pursuant to provisions of this code. Where difficult terrain or other unusual conditions exist, lots larger than the minimum area shall be required in order to accomplish the purposes set forth in this title.
(b) Subdivisions that result in new parcels which are not in compliance with the requirements of Chapter 23.40 are prohibited and may not receive an exception under this chapter.
26.20.030 LOT LINES.
Lot lines shall be placed to create usable building sites for the intended types of land uses, permit accommodation of sites to the natural terrain and vegetation, and to afford access to the building site without requiring excessive grading.
26.20.040 RESUBDIVISION.
In cases in which lots may be resubdivided at some future time, the location of lot lines and other details of layout shall be such that resubdivision may readily take place without violating the requirements of this title and without interfering with the orderly extension of streets.
26.20.050 DEPTH.
The average depth of any lot shall not exceed three times its average width, except where such modification may have been approved as a part of a planned unit development or a planned community development under the provisions of this code.
26.20.060 ACCESS TO STREETS.
Except where a modification may be a part of a planned unit development or planned community development,
(a) All lots created, shall have not less than thirty feet of frontage on a public or private street meeting the minimum requirements of this title for pavement and right-of-way widths, and improved in accordance with adopted city standards for improvements;
(b) Lots with more than one frontage, other than corner lots and those designed for other than single family use shall be avoided;
(c) The design of any lot intended for residential occupancy shall provide for safe vehicular access from a street on which the lot faces via a private driveway to a parking site located in accordance with provisions of this code.
26.20.070 PROPERTY REMNANTS.
No remnants of property shall be left in the subdivision which do not conform to lot requirements, or are not required for a public or private utility, approved access purpose, or other approved public use.
26.20.080 DRAINAGE.
All lots shall be adequately drained. In case the natural drainage is changed in any way, surface water from each lot shall be conducted directly to the street, or underground drain or drainage channels in a manner approved by the Director of Public Works.
26.20.090 DIVISION BY CITY BOUNDARY PROHIBITED.
No lot shall be divided by a city boundary line.
26.20.100 PANHANDLE LOTS.
Panhandle lots are those lots which include a strip of land used primarily for gaining access from a street to the major portion of the lot. The creation of new panhandle lots shall not be permitted.
26.20.110 SLOPED PROPERTIES.
Subdivisions that result in new parcels with slopes of twenty-five (25%) percent or more are prohibited unless the following conditions are met:
(a) The parcel contains contiguous area that is less than twenty-five (25%) percent slope which equals or exceeds the minimum required parcel size for the applicable zoning district; and
(b) Any access-way to that portion of the site less than twenty-five (25%) percent slope must limit alteration of the visual character of the hillside and meet the requirements for maximum street and driveway slopes and blending of cut and fill to natural grade.
Chapter 26.24 BLOCKS
26.24.010 DEPTH.
The depth of blocks generally shall at least be sufficient to allow for two tiers of lots of normal depth.
26.24.040 ADJACENT TO THOROUGHFARES.
In order to reduce the number of vehicular intersections, long blocks shall be provided adjacent to such thoroughfares as may be designated on the general plan. Where feasible lots should not front on thoroughfares except in nonresidential areas, the subdivider may be required to dedicate direct access rights to such thoroughfares to the City.
26.24.030 ADJACENT TO FREEWAYS OR TRANSMISSION LINES.
Wherever practicable, subdivisions abutting freeways, expressways, or electrical transmission lines shall be designed so that the lots back up to these features especially where such orientation would contribute to the visual amenities of the resulting lots.
Chapter 26.28 STREETS
26.28.010 RIGHTS-OF-WAY—PAVEMENT WIDTHS.
Except as otherwise required, or as may be incorporated in the general plan, or such specific plans as may have been adopted, street rights-of-way and pavement widths shall conform to the minimum standards set forth in the design standards and specifications. The types of streets referred to therein are set forth and defined in Sections 26.28.020 through 26.28.060.
26.28.020 STREET CLASSIFICATIONS DEFINED.
Street classifications shall be defined as follows:
(1) "Expressway" means a divided arterial highway for through traffic with direct access to abutting property fully or partially controlled, and with intersections generally at grade at widely spaced intervals;
(2) "Freeway" means a divided arterial highway for through traffic with direct access to abutting property prohibited and with access at connecting streets fully controlled;
(3) "Frontage road" means a short parallel street in conjunction with a limited access arterial, functioning as a connector between interrupted streets and as access to abutting properties;
(4) "Local service street" means a public or private street primarily for access to abutting property and designed for limited traffic use;
(5) "Major arterial" means an arterial street designed for safe movement of through traffic, with or without a median, with intersections at grade and with access to abutting properties or intersecting streets limited to the optimum extent;
(6) "Major collector" means a secondary arterial functioning as a feeder and a connector between arterial streets and local service streets and with full access to abutting properties;
(7) "Minor collector" means a secondary arterial of short length functioning as a feeder and connector between local service streets and major collectors or major arterials, and with full access to abutting properties.
26.28.030 CROSS SECTION STANDARDS.
The specific standards for the types and classifications of streets set forth below shall be as established in the design standards and specifications and as they may from time to time be amended. Such standards are established for the following types of areas:
(1) Residential;
(2) Nonresidential including commercial, executive and industrial;
(3) Hillside;
(4) Planned development (private).
26.28.040 PAVEMENT WIDTH DEFINED.
As used in this title, "pavement width" means the width as measured from curb face to curb face.
26.28.050 GRADES, CURVES AND SIGHT DISTANCES.
Grades, curves and sight distances shall be subject to the approval of the Director of Public Works to ensure safety of vehicles and pedestrians while minimizing grading to the maximum extent feasible. The minimum standards which shall be observed shall be as contained in design standards and specifications.
26.28.060 FRONTAGE ROADS—OFF-STREET PARKING.
When the front of any lot proposed for commercial usage abuts upon any thoroughfare, or when the front of any residential lot fronts upon any present or future state highway (freeway) or expressway right-of-way, the subdivider may be required to dedicate and improve a frontage road and/or off-street parking to provide ingress and egress to and from such lots.
26.28.070 STREET PATTERN.
The street pattern in the subdivision shall be in conformity with the general plan, and shall provide for the development of adjoining areas and the entire planning area or district. The following principles and standards shall be observed:
(1) Where appropriate in the design, proposed major arterials and collectors shall be continuous and in alignment with existing planned or platted streets with which they are to connect. The centerlines of connecting or intersecting streets not in alignment shall be offset to midblock or at least as specified in the design standards and specifications;
(2) Proposed streets shall be extended to the boundary lines of the land to be divided in all cases where it is determined such extension is necessary for traffic circulation and coordination of the layout of the proposed subdivision with existing development, or the advantageous future development of adjacent property;
(3) The maximum length of culs-de-sac shall be related to the nature of adjacent land use, but shall not exceed the length specified in the design standards and specifications, and they shall terminate in a circle with a diameter satisfactory to the Director of Public Works. Other turning patterns may be approved on recommendation of the Director of Public Works if, in his or her opinion, the nature of the topography necessitates, or can accommodate, such modified design;
(4) In the case of stubend streets extending to the boundary of the property, the entire street shall not be dedicated, but a one foot strip the width of the right-of-way shall be deeded to the City at the end of the stub-end street. Improvement of the strip shall be suspended and a barrier erected, pending the extension of said street into adjacent property. Where required, a temporary turnaround or a temporary connection to another street shall be provided within a public right-of-way by the subdivider;
(5) Proposed streets shall intersect one another at approximately ninety degrees but in no event more than fifteen degrees off ninety degrees where topography, other limiting factors, or good traffic design indicate the desirability of modifying this rule;
(6) The corners of both curbs and property lines shall be rounded as indicated in the design standards and specifications. Where necessitated by traffic safety considerations, greater corner radii may be required;
(7) Excessively long, straight residential streets, conducive to high-speed traffic, requiring steep grades, and/or requiring excessive grading, shall be avoided.
26.28.080 NAMES.
A street which is a continuation of an existing street shall bear the name of that street. Names of new streets shall be submitted to the Director of Public Works who shall check for them for conformity to such system of naming as may be adopted. The Director of Public Works shall submit proposed names to local postal authorities, the fire chief, and the police chief, in order to avoid duplication of street names or use of street names difficult to pronounce or easily misunderstood within the areas served by these services and others.
26.28.090 PEDESTRIAN PATHWAYS.
Where required for traffic safety; for safe access to schools, parks and playgrounds, shopping facilities, or other community facilities; to provide more convenient access to other streets and areas where the topography or the length of the block would cause undue hardship on the pedestrian; the dedication and development of pedestrian paths in accordance with the design standards and specifications may be required. Easements for such pathways shall be as specified therein unless local conditions dictate a greater or lesser width. At the option of the City, pedestrian easements may be combined with other easements or rights-of-way when such easements comply with the purposes of this title.
Chapter 26.32 PUBLIC UTILITIES
26.32.010 EASEMENTS.
Where required for public utilities purposes, utility easements shall be provided within the subdivision, generally in the vicinity of the street frontage, including the public utility easement designed solely for underground electrical and communications distribution services. The detailed specifications in the design standards and specifications and/or State of California, Public Utility Commission General Orders shall govern all utility installations.
26.32.020 UNDERGROUNDING REQUIRED—EXCEPTIONS.
All utility distribution facilities (including but not limited to electric, communication and cable television lines) installed in and for the purpose of supplying service to any residential or commercial subdivision shall be placed underground, except as follows:
(1) Equipment appurtenant to underground facilities, such as pedestal mounted terminal boxes and meter cabinets, and concealed ducts. This does not include transformers;
(2) Metal poles supporting only high voltage wires, switches, transformers and street lights.
For the purposes of this chapter, utility distribution facilities for electrical power shall mean facilities carrying nominal voltages of less than thirty-four thousand five hundred volts.
26.32.030 SUBDIVIDER RESPONSIBILITY.
The subdivider shall be responsible for compliance with the requirements of this chapter; and shall make all necessary arrangements with utility companies or agencies involved for installation of said facilities.
Chapter 26.36 DRAINAGE
26.36.010 GENERAL REQUIREMENTS.
(a) Drainage and drainage structures shall be adequate in design so as to protect lots and streets from flood hazard under standards set forth in the design standards and specifications and as they may from time to time be amended, and as governed by the drainage phase of the public services and facilities element of the general plan.
(b) Wherever feasible, drainage from individual lots shall be to the street frontage, provided such design does not require amounts of grading in conflict with the purposes of this title, or in hillside areas where the natural grade on the downhill side of the street does not make such drainage feasible.
(c) Under no circumstances shall drainage facilities be connected with the sanitary sewerage system.
26.36.020 DEDICATION OF EASEMENTS AND RIGHTS-OF-WAY.
In the event that the subdivision is traversed by a watercourse, stream, channel or creek, or is shown on the drainage phase of the public services and facilities element of the general plan, the subdivider shall dedicate rights-of-way or easements for storm drainage purposes substantially conforming to the aforementioned; or the subdivider shall, by dedication, provide further and sufficient rights-of-way or easements as may be required for drainage facilities for the disposal of surface and stormwaters.
Chapter 26.40 FEES—DEPOSITS
26.40.010 FILING FEES.
For the purpose of reimbursement of the City for the administration of this Title, the Council shall, by resolution, fix the amount of the fees to be charged for processing applications filed pursuant to this Title.
26.40.015 FEES.
All fees which may be required by this Code or Council resolution in relation to applications under this Title shall be paid prior to the recordation of any map or certificate approved hereunder, with the exception of the actual costs incurred by the City for delivery and recordation of a map or certificate; those actual costs shall be paid by the applicant within thirty (30) days of the recordation.
26.40.020 DEPOSITS—SERVICE CHARGES.
In addition to the filing fees set forth in Section 26.40.010, the subdivider shall pay the actual costs of reviewing preliminary maps, tentative maps, for checking of the final maps and parcel maps, for recording of final maps, parcel maps, and any associated documents, and of such investigations and inspections as are required by law and this title.
The cost of reviewing and checking subdivision maps and related materials, and necessary investigations or inspections shall be based on hourly charges for actual time required for checking plus the actual cost of any tests that may be required. The method of charging for such services shall be as established by the Council.
Chapter 26.48 TENTATIVE MAP
26.48.010 PREPARATION.
Before any land may be subdivided for which a parcel map or lot line adjustment is not permitted by this Title or for which a subdivider has chosen to use the tentative and final subdivision map process under this Title instead of a parcel map, a subdivider shall file with the Director of Community Development a tentative subdivision map prepared by a licensed land surveyor or registered civil engineer licensed by the State to perform such work. Such a map shall be in compliance with the requirements of this Title and applicable State statutes, and shall be clearly and legibly drawn on sheets not less than eighteen by twenty-six inches nor more than thirty-six by forty-two inches in size, and to a scale of one inch to one hundred feet, unless the Zoning Administrator or the Director of Public Works finds that a larger scale will facilitate review by the City.
26.48.020 INFORMATION REQUIRED.
The tentative map shall contain, or be accompanied by, the following information:
(1) The tract name and number; date of preparation; north point and scale;
(2) Names, addresses and telephone numbers of: the record owner; subdivider; and the person who prepared the map. (The registration or license number of the preparer shall also be supplied);
(3) Subdivision boundaries and acreage to the nearest one-tenth acre;
(4) A key map showing:
(A) The location of the proposed subdivision,
(B) The location, name and present improved widths of adjacent streets,
(C) The name and number of adjacent subdivisions; showing lot and block or parcel numbers for adjoining lots.
(An aerial photograph may be required on a scale of not less than one inch equals four hundred feet showing the approximate boundaries of the subdivision, and including the streets and lot lines in addition or substitution of the above);
(5) Location and widths of proposed streets as shown on any specific plan which covers all or part of the land to be subdivided;
(6) Location, names and widths of the proposed streets and other ways as they shall differ from those shown on any specific plan.
(7) Location, width and nature of all existing and proposed: pedestrian paths; public areas; conservation easements; and public utilities easements, showing the location and size of existing and proposed storm drains; sanitary sewers, gas and water lines; the location of existing fire hydrants, power and telephone or communications lines and other public utilities, as well as all provisions for drainage, flood and erosion control; source of water supply and sewage disposal;
(8) Existing land use and the proposed land use with a statement as to the respective proportions of the total area of the subdivision to be used by each;
(9) Statement of the improvements proposed to be made or installed including:
(A) Profiles drawn to scale showing clearly all details thereof, showing centerline, existing ground and finished grade elevations of all streets, including the radii of all curves; sanitary sewer and storm drains.
(Profiles other than centerlines shall be shown if requested by the Director of Public Works. All elevations shall be indicated to the nearest one foot and shall be referred to mean sea level datum, as established by the United States Coast and Geodetic Survey, or to elevations according to the San Mateo datum).
(B) Typical cross sections of all streets, and when required by the Director of Public Works, detail of curbs, gutters, walks, trails and other improvements drawn to scale and clearly showing all details thereof,
(C) Location, species and size of all street trees;
(10) Statement of the improvements proposed to be made or previously installed by private utilities or public agencies and a statement from such utilities or agencies as to the adequacy of such installations and the rights-of-way or easements therefor or proposed;
(11) Location of all existing:
(A) Building sites; driveways; fences; retaining walls; swimming pools; including whether they are to remain or be removed, and the distances between buildings and between buildings and proposed or existing property lines,
(B) Groves of trees and the location of all individual trees with a trunk diameter of four inches or more (twelve and one-half inches circumference) as measured at two feet above natural grade, and other significant vegetation, indicating whether removal is intended and showing trees and vegetation to be planted other than street trees;
(12) Approximate location of any area which may be subject to inundation; the location, width and direction of all watercourses;
(13) Lot lines; approximate dimensions of all lots, including the area of each to the nearest ten square feet; block and lot numbers in consecutive sequence;
(14) A statement from a title company giving the names of record owners of the land and all existing easements and other reservations, restrictions or covenants;
(15) Preliminary soils report and the report of an engineering geologist, provided that the latter may be waived by the Director of Public Works;
(16) Any proposed conditions, restrictions and covenants;
(17) Existing and proposed contours of the property; proposed elevation at all lot pads; and the grades of proposed streets and drainage facilities. On flat lands, where the predominant slopes are five percent or less, a contour interval of not to exceed two feet shall be used. Where the predominant slopes are in excess of five percent, a contour interval of not to exceed five feet shall be used. Ninety percent of all contours shall be accurate within two feet and all contours shall be accurate within four feet. In cases where the effective use of the lands to be subdivided necessitates extensive cuts and fills for streets, the proposed grading shall be clearly shown by means of both contour lines and supplementary cross sections through such cuts and fills. The source of the topographic information shown shall be indicated;
(18) Such other information as may be required to fulfill the purposes of this title in relation to the particular land to be subdivided, as specified in any list compiled for the purpose.
A blank space of suitable size and shape for the certificates, conditions and approval, and other similar items shall be reserved on the title page.
26.48.030 FILING.
A subdivider wishing to file a tentative map shall submit the map, the information specified in this code and in lists compiled for the purpose and such other material necessary for environmental review and all other permits required for the contemplated project and any other material as he or she deems necessary, together with the filing fees and deposits required, to the Zoning Administrator, who shall receive such maps and supporting data and review the same for completeness and adequacy of the information as required by this code and the compiled lists. If the application is complete, the Zoning Administrator shall report the same to the subdivider or applicant in writing within thirty days of its receipt, specifying those parts of the application which are incomplete and indicating the manner in which they can be made complete. If the written determination is not made within thirty days of receipt, the application shall be deemed complete. Once an application is complete, or deemed complete, no new information shall be required of the applicant which was not specified on the compiled lists at the time the application is complete or deemed complete, unless it is to clarify, amplify the information submitted, or needed to comply with the California Environmental Quality Act.
The date an application is determined or deemed to be complete shall begin the period for review under the California Environmental Quality Act. It shall also vest relocation rights in the tenants then residing on the project site who will be displaced by it and who have not given voluntary notice of termination.
The subdivider shall provide such additional prints of the documents and map as are necessary for environmental and planning review by the City and one reproducible copy thereof.
The map shall be placed on the next Planning Commission agenda following completion of environmental review and processed according to Section 27.08.040 of this code.
26.48.040 DISTRIBUTION.
The Zoning Administrator shall transmit a copy of the map together with the accompanying data to the members of the Planning Commission and to each interested public agency or utility and to any environmental consultant required for review.
The Zoning Administrator shall also provide the health officer a copy of the map and accompanying data if the subdivision includes public or private bodies of water, other than those regulated by this code, for water contact sports and where the review by that officer shall protect the general health and foster the purposes of this Title.
The Zoning Administrator shall set a date for a formal review by the Planning Commission and shall notify the subdivider and each public agency or utility to which the map was distributed of the date of said review, upon completion of the environmental review process.
26.48.050 REPORTS.
Each of the public agencies and utilities to which the tentative parcel map has been referred may submit written reports of its findings and recommendations to the Zoning Administrator at least fifteen days prior to the scheduled meeting of the Planning Commission. If no reports are received within the prescribed time, it shall be assumed that the proposed subdivision will not adversely affect any matter of concern or under the jurisdiction of such agency or utility. Reports from environmental consultants retained for the project shall be required, and shall be in compliance with environmental guidelines.
26.48.060 REVIEW.
On the date set for formal review of the tentative map, the Planning Commission shall review the comments and the opinions of the subdivider and of his or her engineer, and any other officers, agencies, utilities, and environmental consultants that have submitted a report. After giving due consideration to all such reports, recommendations, comments and opinions, the Commission shall approve or deny the tentative map.
The Commission shall deny approval of a tentative map if it makes any of the following findings:
(a) That the proposed map is not consistent with applicable general and specific plans.
(b) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.
(c) That the site is not physically suitable for the type of development.
(d) That the site is not physically suitable for the proposed density of development.
(e) 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.
(f) That the design of the subdivision or type of improvements is likely to cause serious public health problems.
(g) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these 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 a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
26.48.070 CONSULTANTS.
City officers administering this title may engage consulting professional services to advise in the review of the subdivision and may charge the cost of such services to the applicant.
26.48.080 HEARING—NOTICE.
The zoning administrator shall cause such notices of time and place of hearing to be mailed or posted and advertised in the same manner as other items set for hearing before the Planning Commission according to the provisions of title 27 of this code.
26.48.090 HEARING—ACTION—GENERALLY.
If the Planning Commission finds compliance with this Title and other applicable ordinances, policies and standards in effect on the date the application is complete pursuant to Section 26.48.030, it shall take action on the map within fifty days of the application being complete, unless such time is extended by mutual agreement of subdivider and the Planning Commission. Failure to act within such period of time shall be deemed approval of said map in accordance with the provisions of Section 66452.4 of the Government Code. If the Planning Commission finds that the map does not meet requirements, it shall disapprove, or conditionally approve, the map within said time. In cases of conditional approval, the Commission shall require such changes as are necessary to secure compliance with requirements unless specific exceptions have been granted or recommended pursuant to Section 26.68.020. The Planning Commission action shall be noted on the tentative map and shall be final unless appealed as herein provided.
26.48.100 HEARING—ACTION—NOTICE.
Notice of the action of the Planning Commission shall be reported in writing to the subdivider and the Council. The report shall be accompanied by a copy of the tentative map as approved. One copy of the tentative map, accompanying data and report shall remain in the permanent files of the City and one copy of the tentative map and accompanying data and report shall be transmitted to the Director of Public Works. If the approved tentative map varies considerably from the submitted tentative map, the subdivider shall prepare and submit new copies, as approved.
26.48.105 COUNCIL REVIEW.
If the tentative map is accompanied by an application for a planning approval subject to Council action pursuant to Title 27 or site development permit subject to Council action pursuant to Title 23, the tentative map shall not be final with the Planning Commission, but shall instead be forwarded by the Commission with its recommendations to the Council for action by the Council on both the tentative map and the planning or site development permit application.
26.48.110 REVISED MAP.
The subdivider may file a revised tentative map showing substantive changes in the design, number of lots, or shape of lots. Such revised tentative map shall comply with the requirements in effect at the time such revised map is considered by the Planning Commission. Such revised tentative map shall show all of the information and requirements of Section 26.48.020 insofar as necessary to support any changes that may have been made. The approval or conditional approval by the Planning Commission of any revised tentative map shall supersede previous decisions thereof only to the extent of the substantive changes under consideration.
26.48.120 CHANGE IN ESSENTIAL INFORMATION.
When any change is made by the subdivider in the statements provided pursuant to section 26.48.020, that change shall be submitted to the Planning Commission for approval prior to any action on the final map.
26.48.125 PROCEDURE FOR REVIEW OF REVISION TO OR CHANGE IN ESSENTIAL INFORMATION INVOLVING A TENTATIVE MAP.
An application for approval of a revision to or a change in essential information involving a tentative map shall be processed through the Planning Commission process in the same manner that the original tentative map was processed. If the tentative map was approved by the Council, then the proposed revision or change in essential information shall be forwarded by the Commission to the Council with its recommendations for action by the Council before any action may be taken on the final map.
26.48.130 WITHDRAWAL.
Any subdivider or record owner of property upon which a tentative map has been filed may withdraw such a map at any time prior to the final action thereon by the Planning Commission. Notice of such a withdrawal shall be made to the director of community development who shall notify all persons who have previously received copies of the map for review and recommendation. Upon completion of notification to the director of community development, the tentative map shall be considered withdrawn. No refund in filing fee for any withdrawn map shall be made, but all deposits shall be refunded.
The provisions of section 27.08.090 of this code shall govern the refiling of maps withdrawn under this section.
26.48.135 EXPIRATION AND EXTENSION OF TENTATIVE MAPS.
(a) Initial Term. The approval of a tentative map expires two years after its date of approval, unless extended.
(b) Extensions. In accordance with Government Code section 66452.6(e), an applicant may apply to the Zoning Administrator for up to three two-year extensions.
(c) Additional State Law Extensions. All other extensions available pursuant to the state Subdivision Map Act, codified at Government Code sections 66452 and following, apply.
26.48.140 VESTING TENTATIVE MAPS.
(a) A subdivider may file a vesting tentative map as authorized by the Subdivision Map Act, instead of a tentative map. Such a vesting tentative map shall be processed and reviewed pursuant to the standards and procedures contained in this Title for tentative maps. In addition, no vesting tentative map shall be approved unless the Planning Commission determines that the extension of the rights provided by the Subdivision Map Act for such a map will not endanger the health, safety, or welfare of the City or its inhabitants.
(b) For purposes of determining whether the vested right to proceed with development is in substantial compliance with ordinances, policies, and standards in effect at the time of completion of an application or approval, "substantial compliance" shall mean substantial compliance as established by City policies and standards for planning and subdivision approvals through practice.
(c) The approval of a vesting tentative map expires if no final map is filed within the time limits specified for expiration of tentative maps in the state Subdivision Map Act and Section 26.48.135 of this Code and the vesting tentative map is not extended in accordance with the state Subdivision Map Act, codified at Government Code sections 66410 and following.
(d) It is the intention of the Council in enacting the ordinance codified in this chapter to assume all rights extended by the Subdivision Map Act to review, condition, or deny vesting tentative maps, and no omission in this Section of language contained in the Subdivision Map Act shall be construed as limiting the authority of the City over vesting tentative map applications.
Chapter 26.52 FINAL MAP
26.52.010 PREPARATION.
The subdivider may cause a final map to be prepared pursuant to the conditions of approval of the tentative map, the provisions of this title, and the Subdivision Map Act. The final map, together with the prescribed fees and deposits, shall be filed with the Director of Public Works. The failure to file a final map within the time limit specified in this chapter or the state Subdivision Map Act, or any extension granted pursuant to this chapter, shall terminate all proceedings and the approval of the tentative map shall expire. Before a final map may thereafter be recorded, a new tentative map shall be submitted for review pursuant to this chapter. The final map shall be prepared by a registered civil engineer or licensed land surveyor and shall be based upon a field survey, unless otherwise approved by the Director of Public Works. Return of a map filed within the time period provided by this chapter or the state Subdivision Map Act in order to correct minor technical deficiencies will not be considered a failure to file within the required time limit if the converted map is filed within 30 days of return to the applicant.
26.52.030 FORM.
(a) The final map shall comply with all provisions of the Subdivision Map Act and shall be clearly and legibly drawn on tracing cloth or polyester base film. All lines, letters, figures, certificates, acknowledgements and signatures shall be made in a process guaranteeing a permanent record in black.
(b) The size of each sheet shall be eighteen by twenty-six inches.
(c) A border line shall be drawn, completely around each sheet leaving an entirely blank margin of one inch on all sides.
(d) The scale of the map shall be such that it shall clearly show all details of the subdivision.
(e) Each sheet shall be numbered, the relation of one sheet to another shall be clearly shown, and the total number of sheets shall be set forth on each sheet, and when the final map consists of more than two sheets, a key map showing the relationship of sheets shall be included on sheet number one.
(f) The tract name and number, scale and northpoint shall be shown on each sheet.
(g) The map shall be so made and shall be in such conditions when filed that clear legible prints and negatives can be made therefrom.
26.52.040 TITLE SHEET.
The title sheet shall be page number one and shall contain the following information:
(1) Title of the subdivision, comprised of the tract name and the tract number, if any, followed by the words "City of San Mateo, San Mateo County, California".
(2) Below the title shall be a subtitle consisting of a general description of all the property being subdivided by reference to recorded deeds or maps which have been previously recorded, or by reference to a plan of a United States survey;
(3) References to tracts and subdivisions in the description must be worded identically with the original record, and references to book and page of records must be complete;
(4) Affidavits, certificates, acknowledgements, endorsements, references to soils and geological reports, acceptances, dedications, and notarial seals required by law and this Title:
(A) Certificates. In addition to the requirements and limitations of the Subdivision Map Act, the following certificates shall appear:
(i) The signature of the applicant's engineer or surveyor, unless accompanied by his or her seal, shall be acknowledged.
(ii) Director of Community Development Certificate. A certificate for execution by the director of community development stating that he or she has found the final map to conform substantially with the approved tentative map; and
(iii) County Recorder's Certificate. A certificate for execution by the county recorder stating that the map has been recorded in the official records of San Mateo County and indicating the recording date.
(B) Dedications Required. All parcels, easements, or other interests in real property shown on the map and intended for general or limited public use shall be offered for dedication; parcels or common areas not to be offered for sale and reserved for the exclusive use of the owners in the subdivision, their licensees, visitors, tenants, or servants, or intended for other specific uses, shall be so designated. Any street or easement not offered for dedication shall be so designated in the dedication certificate.
(C) Reports. Any reports regarding soils or geologic conditions prepared in support of the tentative or final map application shall be referred to on the map. All references to reports as to soils or geologic conditions shall include the date of the report and the name of the engineer who prepared it.
(5) The bases of bearings used in the surveys.
Where the size of a subdivision permits, in lieu of a title sheet, the information prescribed above may be shown on the same sheet as the final map.
26.52.050 INFORMATION REQUIRED.
The final map shall show clearly and legibly the following information:
(1) The boundary of the tract designated by a one-eighth inch colored border applied on the reverse side of the tracing and inside the boundary line. Such border shall be a density that it will transfer to a blueline print but shall not interfere with the legibility of any data;
(2) Survey data including:
(A) Stakes, monuments, or other evidences found on the ground to determine the boundary of the tract;
(B) Corners of all adjoining properties identified by lot and block number, tract name and number, place of record or by section township and range, or other appropriate and readily understandable designations;
(C) The length of all lot lines;
(D) All other survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all exterior boundary lines appearing on the map, including bearings and distances of straight lines, and radii, central angle, and arc length for all curves, and ties to existing monuments used to establish the boundaries of the tract; and
(E) The centerlines of all streets in and adjoining the subdivision indicating all permanent monuments found or placed in making reference to a map or field book wherever the City has established such a centerline. If any points were reset by ties, the source and detail or relocation data shall be referenced.
(3) All lots intended for sale or reserved for private purposes, and all parcels offered for dedication for any purpose with all dimensions, boundaries, and courses clearly shown and defined in every case, and the lot area to the nearest square foot. No ditto marks (") shall be used. Parcels offered for dedication but not accepted shall be designated by letter, and private streets not offered for dedication, or offered but not accepted for dedication, shall be designated "Not A Public Street." Each block in its entirety shall be shown on one sheet. Where adjoining blocks appear on separate sheets, the street adjoining both blocks shall be shown on both sheets complete with centerline and property line data;
(4) The locations of streets, pedestrian paths; the names of streets; total width of each street or path; and the width of each side of the centerline, the width of the portion of the street and path being dedicated, and the width of the existing dedication, if any within the subdivision.
(5) The locations and widths of other rights-of-way within the subdivision;
(6) The side lines(s) of all easements, public and private, to which the lots are subject. The easement must be clearly labeled and identified as to its nature and purpose, and if already of record, its recorded reference shall be given. If any easement is not definitely located and of record, a statement of such easement must appear on the title sheet. Easements shall be denoted by fine broken lines. Distances and bearings on the side lines of lots which are cut by easements must be so shown that the map will indicate clearly the actual length of the lot line. The width of the easement and the lengths and bearings of lines thereof, and sufficient ties thereto to definitely locate the easement with respect to the subdivision must be shown;
(7) The location and widths of utility rights-of-way within the subdivision indicating the name and type of utility;
(8) Any limitations on right of access to and from the streets and other parcels of land;
(9) The location and widths of any nonaccess strips and reserve strips;
(10) The location, widths and names of streets, and the location and widths of paths, and other rights-of-way adjacent to proposed subdivision;
(11) All city boundaries crossing or joining the subdivision clearly designated and located;
(12) Blocks designated by letter or number in alphabetical or numerical order. If the map is to provide for a resubdivision of a pre-existing subdivision, the designation system used in that prior subdivision shall be followed. There shall be no omissions or duplications throughout the subdivision. The numbers shall be solid and of sufficient size and weight to stand out, and shall be so placed as to not obliterate any figure or line, and shall not be enclosed in any design.
(13) Lots numbered in consecutive sequence beginning with the numeral 1 with no omissions or duplications on each block, throughout the subdivision. The numbers shall be solid and of sufficient size and weight to stand out, and shall be so placed as to not obliterate any figure or line, and shall not be enclosed in any design.
(14) Location of all land reserved for parks, schools, conservation easements, or other rights to use.
26.52.060 SURVEY REQUIREMENTS.
(a) A complete and accurate survey of the land to be subdivided shall be made by a civil engineer or licensed land surveyor in accordance with the standard practices and principles of land surveying.
(b) The traverse of the exterior boundaries of the tract, and of each block when computed from field measurement of the ground, must close within an error limit of one foot to ten thousand feet of perimeter for balancing the survey.
(c) Whenever the Director of Public Works has established a system of coordinates, then the survey shall be tied into such system.
(d) All monuments, property lines, centerlines of streets, paths and easements adjoining or within such tracts shall be tied into the survey.
(e) Monuments:
(1) In making the survey of the subdivision, the surveyors shall set sufficient permanent monuments so that the survey, or any part thereof may be readily retraced. Such monuments shall be set along the exterior boundaries of the subdivision at intervals not exceeding five hundred feet and shall be placed at the angle points on the exterior boundary lines of the tract, at the intersections to the centerlines of the streets, and at the beginnings and ends of curves at centerlines of streets and at such other points as may be required by the Director of Public Works. Monuments may be placed on offset lines. Due consideration shall be given to visibility of monuments one from another. The monuments in the street area shall be set so that the tops are at least seven and one-half inches below the top of the finished pavement, and enclosed in cast-iron receptacles, with cast covers of a type and marking acceptable to the Director of Public Works, set flush to the top of the finished pavement and supported independently of the monument. Monuments in other locations should not be placed until all grading is complete, and then not be set less than eight inches below the finished grade, unless otherwise directed by the Director of Public Works;
(2) Monuments and benchmarks may be set after approval of the final map, but not later than the time of completion of the subdivision improvements if at the time of the approval of the final map, the responsible civil engineer or land surveyor has provided the Council with security adequate to ensure that the costs of setting the monuments and benchmarks shall be paid and naming the City as beneficiary of the security. However, in every instance and prior to the approval of the final map the civil engineer or land surveyor shall adequately monument or reference at least one exterior boundary line;
(3) Monuments shall be either: galvanized iron pipe, not less than two inches in diameter, and thirty-six inches long; or, reinforced concrete posts six inches by six inches in cross section and six inches in diameter, and thirty inches long, or an equally durable alternative when approved by the Director of Public Works. All monuments shall have a copper plate or disk securely attached to the top of the monument with a copper dowel or copper nail set in concrete or approved alternate device permanently marking the exact center. All monuments shall be set in approved monument boxes with covers upon which the words "Survey Monument" are engrossed in raised letters. The registration or license number of the engineer or surveyor shall be stamped on the copper plate or disk;
(4) Permanent elevation benchmark, of a type approved by the Director of Public Works and referring to the City datum or mean sea level datum as established by the United States Coast and Geodetic Survey, shall be set in the amount and location satisfactory to the Director of Public Works;
(5) Any monument or benchmark, required by this title, which is disturbed or destroyed before the acceptance of all improvements, shall be replaced by the subdivider.
(f) Lot Corner and Angle Point Markers. Galvanized iron pipe or pin, not less than one inch in diameter and twenty-four inches long, shall be driven flush with the surface of the ground at each lot corner, angle point and curve point where no monument is set. The registration or license number of the engineer or surveyor shall be stamped on an approved metal tag which shall be affixed to such markers. Any lot corner or angle point marker disturbed or destroyed before acceptance of all improvements shall be replaced by the subdivider.
26.52.070 FILING.
The filing with the Director of Public Works shall include:
(1) Three complete sets of blueline or black and white prints of the final map for checking purposes;
(2) A traverse sheet in a form approved by the Director of Public Works giving latitudes, departures and coordinates, and showing the mathematical closure, and area calculations;
(3) Complete field notes, in a form satisfactory to the Director of Public Works, showing references, ties, locations, elevations and other necessary data relating to monuments and benchmarks set in accordance with the requirements of this title shall be submitted to the Director of Public Works to be retained by the City as a permanent record;
(4) A statement that all improvements have been completed in accordance with the plans and specifications as approved by the Director of Public Works, or that the subdivider intends to install such improvements and will enter into an agreement with the City guaranteeing the future installation of such improvements;
(5) If the plans, profiles, cross sections, and the specifications for the required subdivision improvements have not been previously submitted and approved by the Director of Public Works, the subdivider shall submit the same;
(6) Three copies of all covenants and restrictions.
(7) A completed checklist as provided by the Director of Public Works accompanied by all required fees; and
(8) A preliminary guarantee of title from a competent title company dated within thirty (30) days of the date of the filing, certifying that the signatures of all persons whose consent is necessary to pass clear title to the land being subdivided appear on the proper certificates and are correctly shown on said map, both as to consents to the making of the map and affidavits of dedication if applicable. This guarantee shall be offered for the benefit of the City and the protection of the Council and City employees, officers, boards, and commissions, and shall be continued up to the instant of recordation of the map.
26.52.080 DEPARTMENTAL REVIEW.
Upon receiving the final map from the subdivider or his or her agent, the Director of Public Works shall transmit one complete map to the director of community development who shall examine the map to determine whether it conforms to the tentative map and with all the changes and requirements imposed as a condition of the approval of the tentative map. If it is determined that the final map does not so conform, the subdivider shall be advised of the changes and additions that must be made before the final map can be approved. If it is determined that the map does so conform, the director of community development shall so note on the map and return the copy of the map to the Director of Public Works.
Upon receipt of the copy of the map from the director of community development, the Director of Public Works shall review the final map for:
(1) Sufficiency of affidavits and acknowledgements;
(2) Correctness of the survey data, mathematical data, and computations; and
(3) Sufficiency and adequacy of public utility easements as evidenced by certifications by the affected public utilities or private agencies.
One copy of the final map shall be returned to the subdivider with either:
(a) Notations as to errors or omissions, and the subdivider shall correct the map before refiling it; or
(b) A statement by the Director of Public Works that the final map is correct. The subdivider shall then submit the original tracings on polyester base film or comparable process and a complete set of blueline prints on cloth with original signatures on both tracings and prints to the Director of Public Works for transmittal to the Director of Community Development.
If the final map is found to be correct, the data shown thereon and submitted therewith are sufficient, and all applicable provisions of the Subdivision Map Act and this Title have been complied with, the Director of Public Works will, within twenty (20) days from the time the corrected final map is submitted to him or her by the subdivider, certify his or her approval on the original tracing and the blueline cloth print of the map and deliver it to the Director of Community Development. The Director of Community Development shall then certify its conformance to the tentative map and file it and the related documents with the City Clerk.
26.52.090 ACTION BY COUNCIL.
(a) Filing. Upon receipt of the final map and related documents, the City Clerk will put the matter on an agenda of a regular Council meeting for acceptance and filing that is no more than fifteen (15) days after the filing of the final subdivision map with the City Clerk.
(b) Agreements. In the event that the improvements required under this Title have not been installed to the satisfaction of the Director of Public Works at the time of the filing of the final map for any or all of the portions of a proposed subdivision, the subdivider shall file with the City Clerk at the time of filing the final map with the City Clerk an executed agreement between the subdivider and the City specifying the period within which the subdivider shall complete all improvements and work to the satisfaction of the City. The agreement shall also prescribe that the subdivider shall repair any damage to public roads, streets, and any other public property or improvements that results from, or is incidental to, the construction of the improvements in the subdivision, or in lieu of making such repairs, the subdivider shall pay to the owner of the damaged property or improvements the full cost of repair and restoration.
Such an agreement shall also include a performance bond or other improvement security, a labor and materials bond and evidence of insurance coverage for public liability, property damage, and workers compensation in the form and in the amounts generally required of all agreements for public improvements entered into by the City.
(c) Additional Deeds. At the time of the filing of the final map with the City Clerk, the subdivider shall also provide grant deeds for any land or easements required as a part of the subdivision that are not dedicated on the final map itself.
(d) Covenants, Conditions, and Restrictions. At the time of filing the final map with the City Clerk, the subdivider shall also provide the City Clerk with verification that any conditions, covenants, and restrictions to be recorded with the final map have been reviewed by the City Attorney for conformance with City approval conditions, when such conditions expressly require review by the City Attorney.
(e) Council Action. The Council shall take action on the final map at either the meeting before which the Clerk has placed the matter or the next regular Council meeting. The Council will approve the map if it conforms to the tentative map and all applicable provisions of the Subdivision Map Act and this Title. The time limit for action may be extended by mutual agreement of the City and the subdivider. Concurrently with the approval of the final map, the Council will accept or reject such offers of dedication as it deems advisable, and as a condition precedent to the acceptance of any property interests, shall require the subdivider to either improve or agree in writing to improve such interests in the subdivision.
26.52.100 RECORDING.
Upon approval of the final map by the Council and if all improvements are in or the required agreement to install all improvements and underlying security has been executed and delivered to the City, the City Clerk will execute the certificate of the City Clerk and have the final map delivered to the County Recorder for recordation. The subdivider shall pay all actual costs of delivery and recordation. The subdivider shall ensure that one complete set of blueline prints on cloth, and one set of reproducible photo mylar tracings or equivalent process are provided to the Director of Public Works no later than thirty (30) days after recordation, and the subdivider shall pay all costs incurred in the provision of these sets. The subdivider shall also provide two (2) copies of any covenants, conditions, and restrictions that relate to the final map and have been recorded to the Director of Public Works no later than that time.
Chapter 26.56 PARCEL MAPS
ARTICLE I TENTATIVE PARCEL MAP
26.56.010 PREPARATION.
Before any land may be subdivided for which a parcel map is the permitted process for approval pursuant to this Title and a parcel map is the process chosen by a subdivider, a subdivider shall file a tentative parcel map prepared by a registered civil engineer licensed by the State to perform such work or licensed land surveyor with the Director of Community Development. Such a map shall be in full compliance with the requirements of this Title and all applicable State statutes; shall be clearly and legibly drawn on sheets of not less than eighteen by twenty-six inches nor more than thirty-six by forty-two inches in size to a scale of one inch to one hundred feet, unless the Zoning Administrator or the Director of Public Works finds that a larger scale will facilitate review by the City.
26.56.020 INFORMATION REQUIRED.
Unless included in the submittal for the site development permit pursuant to Chapter 23.40, the tentative parcel map shall contain, or be accompanied by the following information:
(1) The tract name and number (if assigned); date of preparation; northpoint and scale;
(2) Names, addresses and telephone numbers of: the record owner; subdivider; and the person who prepared the map. (The registration or license number of the preparer shall also be supplied);
(3) Boundaries of the land division and area to the nearest square foot;
(4) Location, name and present width of the adjacent street;
(5) Lot, block or parcel numbers of adjacent lots and the name of the owner of record;
(6) Location of any proposed special features or reservations, if any;
(8) Existing and proposed contours as required for tentative maps;
(9) Location of any proposed public utilities and easements required for same, existing fire hydrants, power and telephone lines, and other similar utilities;
(10) Lot lines, approximate dimensions of all lots and their area to the nearest square foot;
(11) Lot or parcel numbers in consecutive sequence. (The tract name and number or other description of the land which is being subdivided or combined shall be shown shaded);
(12) Location and outline to scale of existing and proposed buildings, drives, retaining walls, swimming pools, and other structures, if known, with indication of whether existing structures are to remain or be removed. Distances between buildings, and between buildings and property lines shall also be shown;
(13) The exterior boundary of the land included within the parcel map shall be indicated by a colored border. The map shall show the definite location of the original parcel or parcels, and particularly its relation to the surrounding surveys;
(14) The outline of groves of trees and the location of all individual trees with a trunk diameter of four inches or more (twelve and five-tenths inch circumference), standing within the boundaries of the proposed land division, and any other significant vegetative cover, if any;
(15) Evidence that:
(A) The lots or parcels created from existing, recorded lots or parcels do not produce any nonconforming feature in the residual lots or parcels,
(B) Conformance with all applicable zoning and building setback requirements is feasible on all proposed lots or parcels,
(C) Any existing easements for public purposes are not rendered impractical by the creation of the proposed lots or parcels.
(D) No more building sites would be created by the proposed division of land than is permitted under the zoning requirements applicable to the area being subdivided;
(16) Such other information as may be required to fulfill the purposes of this title in relation to the particular land to be subdivided, as specified in any list compiled for the purpose.
A blank space of suitable size and shape for the certificates, conditions and approval, and other similar items shall be reserved on the title page.
26.56.030 FILING.
A subdivider wishing to file a tentative parcel map shall submit the map, the required information, and such other material according to Section 26.48.030 which shall apply to parcel maps.
26.56.040 DISTRIBUTION.
The zoning administrator shall follow the distribution procedures of Section 26.48.040.
26.56.050 REPORTS.
Reports from outside agencies and consultants shall be governed by Section 26.48.050.
26.56.060 ACTION.
On the date set for consideration of the tentative parcel map, the Zoning Administrator shall hear the comments and the opinions of the subdivider and of his or her engineer, and any such other officers, agencies and utilities as may have submitted a report. After giving due consideration to all such reports, recommendations, comments and opinions, the Zoning Administrator shall, if compliance with this Title is found, approve, or conditionally approve the tentative parcel map. If the Zoning Administrator finds that the map does not meet the requirements of this title, he/she shall disapprove, or conditionally approve the map. In case of conditional approval, the Zoning Administrator shall require such changes as are necessary to secure compliance with this Title. The action of the Zoning Administrator shall be noted on the tentative parcel map and shall be final unless appealed as herein provided.
The Zoning Administrator shall be guided in its review and action by the requirements of Sections 26.48.060 and 26.48.070 to the extent they are applicable.
26.56.070 NOTIFICATION.
Notice of the action of the Zoning Administrator shall be reported in writing to the subdivider and the Planning Commission. The report shall be accompanied by a copy of the tentative parcel map, as approved. One copy of the tentative parcel map, accompanying data and report shall remain in the permanent files of the City and one copy of the tentative parcel map and accompanying data and report shall be transmitted to the Director of Public Works. If the approved tentative parcel map varies considerably from the submitted tentative parcel map, the subdivider shall prepare and submit new copies, as approved.
26.56.075 PLANNING COMMISSION AND COUNCIL REVIEW.
If the tentative parcel map is accompanied by an application for a planning approval subject to Planning Commission or Council action pursuant to Title 27 or site development permit subject to Planning Commission or Council action pursuant to Title 23, the tentative map shall not be final with the Zoning Administrator, but shall instead be forwarded by the Zoning Administrator with recommendations to the Commission for action by the Commission on both the tentative parcel map and the planning or site development application, and if required by Title 27, forwarding to the Council for its action.
26.56.080 WITHDRAWAL.
The provisions of Section 26.48.130 of this code shall govern the withdrawal of parcel maps.
26.56.085 WAIVER OF TENTATIVE PARCEL MAP.
If the City approves a planning action pursuant to Title 27 subject to a condition that the applicant file and record a parcel map, the Director of Public Works may waive the preparation and filing of a tentative parcel map if the Director of Public Works determines that the planning approval has already fulfilled the requirements contained in this chapter for delineation and disclosure of information about the affected property.
ARTICLE II FINAL PARCEL MAP
26.56.087 EXPIRATION OF TENTATIVE PARCEL MAPS.
The approval of a tentative parcel map expires if no final parcel map is filed within the time limits specified for expiration of tentative maps by Section 26.48.135 of this Code.
26.56.090 PREPARATION.
The subdivider may cause a final parcel map to be prepared pursuant to the conditions of approval of the tentative map, the provisions of this title, and the Subdivision Map Act. The final parcel map, together with the prescribed fees and deposits, shall be filed with the Director of Public Works. The failure to file a final parcel map within the time limit specified in this chapter or the state Subdivision Map Act, or any extension granted pursuant to this chapter, shall terminate all proceedings and the approval of the tentative parcel map shall expire. Before a final parcel map may thereafter be recorded, a new tentative parcel map shall be submitted for review pursuant to this chapter. The final parcel map shall be prepared by a registered civil engineer or licensed land surveyor and shall be based upon a field survey, unless otherwise approved by the Director of Public Works. Return of a map filed within the time period provided by this chapter or the state Subdivision Map Act in order to correct minor technical deficiencies will not be considered a failure to file within the required time limit if the converted map is filed within 30 days of return to the applicant.
26.56.110 FORM.
(a) The final parcel map shall comply with all provisions of the Subdivision Map Act and shall be clearly and legibly drawn on tracing cloth or polyester base film. All lines, letters, figures, certificates, acknowledgments and signatures shall be made in a process guaranteeing a permanent record in black.
(b) The size of each sheet shall be eighteen by twenty-six inches.
(c) A border line shall be drawn completely around each sheet leaving an entirely blank margin of one inch on all sides.
(d) The scale of the map shall be the same as on the approved tentative parcel map and shall clearly show all details of the subdivision.
(e) Each sheet shall be numbered, the relation of one sheet to another shall be clearly shown, and the total number of sheets shall be set forth on each sheet, and when the final parcel map consists of more than two sheets, a key map showing the relationship of sheets shall be included on sheet number one.
(f) The tract name and number, if any, scale, and northpoint shall be shown on each sheet.
(g) The map shall be so made and shall be in such condition when filed that clear legible prints and negatives can be made therefrom.
26.56.120 TITLE SHEET.
The title sheet shall be page number one and shall contain the following information:
(1) Title, which shall contain a description of the parcel or parcels followed by the words "City of San Mateo, San Mateo County, California" and the parcel map number assigned by the department of public works;
(2) References to tracts and subdivisions in the description shall be worded identically with the original record, and references to book and page of records shall be complete;
(3) Affidavits, certificates, acknowledgements, endorsements, references to soils and geologists' reports, acceptances, dedications, statements, and notarial seals required by law and by this Title, including the following certificates in addition to the requirements of the Subdivision Map Act:
(a) Director of Public Works's Certificate. A certificate for execution by the Director of Public Works stating that the map conforms with the requirements of the Subdivision Map Act and local ordinance; and
(b) Consent and Acceptance. A certificate for execution by the Director of Public Works that he or she accepts the dedications shown on the map, and consents to the recordation thereof.
26.56.125 SURVEY REQUIREMENTS.
A complete and accurate survey meeting the requirements of Section 26.52.060 shall be completed before the final parcel map is filed with the Director of Public Works.
26.56.130 FILING.
The filing of the final parcel map with the Director of Public Works shall include:
(1) Three (3) complete sets of blueline or black and white prints of the final parcel map for checking purposes;
(2) A statement that all improvements have been completed in accordance with the plans and specifications as approved by the Director of Public Works, or that the subdivider intends to install such improvements and will enter into an agreement with the City guaranteeing the future installation of such improvements;
(3) If the plans, profiles, cross sections, and the specifications for the required subdivision improvements have not been previously submitted and approved by the Director of Public Works, the subdivider shall submit those;
(4) Three (3) copies of all covenants and restrictions, if any;
(5) A completed checklist as provided by the Director of Public Works accompanied by all required fees; and
(6) A preliminary guarantee of title from a competent title company dated within thirty (30) days of the date of the filing, certifying that the signatures of all persons whose consent is necessary to pass clear title to the land being subdivided appear on the proper certificates and are correctly shown on said map, both as to consents to the making of the map and affidavits of dedication if applicable. This guarantee shall be offered for the benefit of the City and the protection of the Council and City employees, officers, boards, and commissions, and shall be continued up to the instant of recordation of the map.
26.56.135 INFORMATION REQUIRED.
The final parcel map shall show clearly and legibly the same information, as applicable, as required for a final subdivision map by Section 26.52.050.
26.56.140 DEPARTMENTAL REVIEW.
Upon receiving the final parcel map from the subdivider, the Director of Public Works will review it for the following:
(a) Sufficiency of affidavits and acknowledgements;
(b) Adequacy of the survey data, mathematical data, and computations;
(c) Conformance to the tentative parcel map, if any, and applicable approval conditions; and
(d) Sufficiency and adequacy of public utility easements as evidenced by certifications by the affected public or private utilities.
One copy of the final parcel map will be returned to the subdivider with notations as to errors and omissions, if any. The subdivider shall then be responsible for filing a corrected final parcel map if and when the subdivider makes the corrections. Upon approval of the final parcel map by the Director of Public Works, the Director of Public Works will notify the subdivider, the Director of Public Works will certify his or her approval of the final parcel map on the original tracing and the blueline cloth print of the map, and cause it to be recorded as set forth below.
26.56.150 RECORDING.
Upon execution of the certificate of the Director of Public Works, the Director of Public Works will have the final map delivered to the County Recorder for recordation. The subdivider shall pay all actual costs of delivery and recordation. The subdivider shall ensure that one complete set of blueline prints on cloth, and one set of reproducible photo mylar tracings or equivalent process are provided to the Director of Public Works no later than thirty (30) days after recordation, and the subdivider shall be responsible for all costs incurred in the provision of these sets. The subdivider shall also provide two (2) copies of any covenants, conditions, and restrictions that have been recorded and relate to the parcel map to the Director of Public Works no later than that time.
Chapter 26.57 MERGERS
26.57.010 PROCEDURE
(a) Prior to a merger of any lots in the City that will result in four (4) or fewer lots, the owners proposing to merge the lots shall apply for and have approved a merger pursuant to this chapter, unless the merger is approved in a parcel map or subdivision map. Mergers which result in five (5) or more lots must be made through the subdivision map procedures of this title.
(b) The applicant shall submit an application accompanied by any required fee to the Director of Public Works containing a scale drawing prepared by a licensed land surveyor, or registered civil engineer licensed by the State to perform such work, showing the existing and proposed lot or parcel lines, lot and tract numbers, and location of existing improvements, easements, and reservations, if any. The application shall also be accompanied by a title report dated no earlier than thirty (30) days before the date of the application.
(c) The Director of Public Works shall review this drawing for conformity with this Title and all other applicable provisions of this Code and distribute a copy of the drawing to the Zoning Administrator, who shall also review it for conformity with this Title and all other provisions of this Code.
(d) Upon completion of this review, the Zoning Administrator shall either approve, disapprove, or conditionally approve the proposed merger. He or she shall notify the Director of Public Works of his or her determination. The Director of Public Works shall notify the applicant of the determination by the Zoning Administrator and the Director of Public Works;
(e) The review of the drawing described above shall satisfy the requirement for review of a tentative parcel map under Chapter 26.56. If the drawing is approved or conditionally approved by the Zoning Administrator and Director of Public Works, the applicant shall then submit the final parcel map with the required checklist and fee to the Director of Public Works for processing.
(f) The Director of Public Works shall then review and process the final parcel map pursuant to Chapter 26.56 of this Code.
(g) A final decision of the Zoning Administrator or the Director of Public Works under this chapter may be appealed to the Planning Commission pursuant to Chapter 26.72.
Chapter 26.58 LOT LINE ADJUSTMENTS
26.58.010 PROCEDURE
(a) Where a lot line adjustment is permitted by Chapter 26.12, the following procedures shall be followed:
(1) A scale drawing, showing the existing and proposed lot or parcel lines, lot and tract numbers, and location of existing improvements, easements, and reservations, if any, shall be prepared by licensed land surveyor or registered civil engineer licensed by the State to perform such work and filed accompanied by any required fees with the Director of Public Works;
(2) The Director of Public Works shall review this drawing for conformity with this Title and all other applicable provisions of this Code. The proposed adjustment shall not be approved if any public utility easements or rights-of-way will be adversely affected without the consent of the affected utilities or agencies. The Director of Public Works shall also consider whether the proposed adjustment will adversely affect access to any affected parcel and condition the adjustment to ensure that access is adequately preserved. When the Director of Public Works is satisfied that the drawing, as it may be corrected by the applicant, meets the applicable requirements of this Code, the Director of Public Works will indicate his or her approval or conditional approval on the drawing and forward the drawing to the Director of Community Development.
(3) The Director of Community Development will then review the drawing for conformity with all other applicable provisions of this code. The Director of Community Development may either approve, disapprove, or conditionally approve the proposed adjustment. He or she shall so indicate on the drawing and shall send it to the Director of Public Works.
(4) If the proposed adjustment is approved, or conditionally approved, the applicant shall then meet with the Director of Public Works or his or her designee to determine the scope and standards of survey, if any, to be used and shall then submit the following documentation to the Director of Public Works.
(i) Executed deeds with a written legal description of each area to be transferred, if more than one property owner is involved;
(ii) A written legal description of the new parcels to be created by the adjustment;
(iii) If required by the Director of Public Works, a copy of the field notes from the survey and closure sheets signed by the surveyor on all of the new parcels to be created by the adjustment;
(iv) A copy of each document, including deeds, used to complete the application;
(v) A title report dated within thirty (30) days of the application on all parcels involved;
(vi) A map that shows the new parcels including property lines and dimensions and relation to surrounding streets; and
(vii) Certificates of approval for signature by the Director of Public Works and the Director of Community Development.
(6) The Director of Public Works will review the materials submitted, and if they meet with his or her approval, he or she will approve them by signing the certificate and forward them to the Director of Community Development.
(7) The Director of Community Development will then review the materials submitted, and if they meet with his or her approval, he or she will approve them by signing the certificate and return them to the Director of Public Works.
(8) The Director of Public Works shall then cause the lot line adjustment to be recorded with the County Recorder. The applicants shall pay all costs of delivery and recordation.
(b) Instead of following the procedures contained in Subsection (a) above, an applicant may voluntarily follow the procedures of filing a parcel map as modified by this Subsection:
(1) A scale drawing showing the existing and proposed lot or parcel lines, lot and tract numbers, and location of existing improvements, easements, and reservations, if any, shall be prepared and filed with the Director of Public Works;
(2) The Director of Public Works shall forward a copy to the Director of Community Development who shall review this drawing for conformity with this Title and all other applicable provisions of this Code;
(3) Upon completion of this review, the Director of Community Development shall either approve, disapprove, or conditionally approve the proposed adjustment. He or she shall so indicate on the drawing and shall return it to the Director of Public Works who shall notify the owner;
(4) Approval of the drawing as described above shall satisfy any requirement for a tentative parcel map pursuant to Chapter 26.56. If the drawing is approved or conditionally approved by the Director of Community Development, the applicant shall then submit the final parcel map with the required checklist and fee to the Director of Public Works for processing as follows. No tentative parcel map will be required.
(5) The Director of Public Works shall then review and process the final parcel map pursuant to Chapter 26.56 of this Code.
(c) A final decision of the Director of Community Development or the Director of Public Works under this Section may be appealed to the Planning Commission pursuant to Section 27.08.070(a).
Chapter 26.60 IMPROVEMENTS
26.60.010 GENERAL REQUIREMENTS.
(a) The subdivider shall improve, or shall execute an agreement in writing to improve all public or private streets, pathways and easements, and to install such other improvements as are required by this title as are necessary for the general use of lot owners in the subdivision, local neighborhood traffic and drainage needs.
(b) The subdivider shall submit a complete set of plans, profiles, cross sections and specifications for improvements in conformity to the current design standards and specifications and the City standard specifications on reproducible material acceptable to the Director of Public Works for his or her check and approval. The scale of the plans and the size of the sheets shall be subject to approval by the Director of Public Works. If the Director of Public Works approves same, he or she shall certify his or her approval on the face of the tracings and/or other reproducible material.
(c) The Director of Public Works, or such other representatives as may be authorized by the Council, shall have the right to enter upon the site of said improvements for the purpose of inspecting the same. The Director of Public Works shall be furnished with such samples or materials as he or she may require for making tests to determine the acceptability of such materials. Prior to beginning the work on all or any portion of a subdivision, or prior to filing the final map with the Council, the subdivider shall deposit with the City an amount equal to the estimated actual cost for the inspection of the work and the cost of checking materials for said improvements during the entire period of construction of said subdivision or portion thereof. If the amount so deposited exceeds the actual cost to the City, the subdivider shall be reimbursed the balance of the deposit. Should the actual cost exceed the deposited amount, the Director of Public Works shall stop all construction until the subdivider shall present a receipt for a deposit with the City of such additional sum as the Director of Public Works may estimate.
(d) No improvement work shall be commenced until improvement plans and specifications have been submitted to and approved by the Director of Public Works, the fire chief, and the assistant city manager, or his or her representative.
Improvements shall be installed in accordance with the approved plans and specifications to permanent line and grade to the satisfaction of the Director of Public Works who shall supervise the work. All work shall be subject to such inspections as he or she may deem necessary to protect the interest of the City. In no case shall the improvements be less substantial than required by the design standards and specifications and the City standard specifications in effect at the time the plans and specifications are approved, and all grading and major vegetation removal in connection therewith shall conform to all requirements of chapter 23.40.
26.60.020 MINIMUM IMPROVEMENTS.
The minimum improvements which the subdivider shall make, or agree to make, at his or her expense prior to acceptance and approval of the final map by the City shall be:
(a) Grading, curbs and gutters, paving, drainage and drainage structures;
(2) Street name signs, traffic warning signs, required traffic and crosswalk lines, guard rails, and the like, all in accordance with the City standard specifications;
(3) Sidewalks, pedestrian paths and similar features;
(4) Fire hydrants with required appurtenances;
(5) A water system;
(6) A sanitary sewer system and appurtenant structures with laterals for each lot intended for residential use, and for lots intended for other uses, such connections as may be required. All sewer laterals shall be indicated on plans giving the location from the closest lot corner and depth of lateral;
(7) Street plantings;
(8) All communications and electrical distribution facilities;
(9) A gas distribution system;
(10) Earth retention structures as may be required;
(11) Street lighting;
(12) Underground ducting and appurtenant structures for traffic signals, where required.
26.60.030 GUARANTEES.
The subdivider shall guarantee the workmanship of all improvements specified hereinabove and installed by him or her or under his or her direction, and shall make, or agree in writing to make, the necessary repairs or modifications for damage which may result from storm caused erosion or landslides and to correct errors in the design or construction of any facility for a period of one year from the date of completion as described below.
26.60.040 COMPLETION PLANS.
The subdivider shall cause the improvement plans to be amended to show the improvements "as built." Said "as built" plans shall be on polyester base film.
Upon receipt of said "as built" plans, the Director of Public Works shall recommend formal acceptance by the Council when he or she is fully satisfied that the improvements have been installed in complete conformance with the provisions of this title.
Elevations related to the City datum shall be shown on the "as built" improvement plans as required above for all monuments in the subdivision.
Chapter 26.64 DEDICATION OF LAND FOR COMMUNITY PURPOSES
26.64.010 STANDARDS.
(a) Pursuant to the authority of the Subdivision Map Act, and in conformity with the parks and recreation element of the general plan, a subdivider of lands, as a condition of final approval of a subdivision or parcel map, shall dedicate land or pay a fee in lieu thereof or a combination of both, at the option of the City, for park and recreation facilities to serve the subdivision based on the following standards:
(1) In order properly to serve the subdivision, two acres are needed for each 1,000 estimated population as determined by applying factors per dwelling structure types as outlined in the City's fee schedule in effect at the time the fees are to be paid.
(2) The fair market value of land in the City, used to calculate each subdivider's in-lieu fee and determined by the Parks and Recreation Director or designee, will be included in the City's fee schedule adopted by City Council resolution. For purposes of determining the in-lieu fee, the Parks and Recreation Director or designee may require that a subdivider submit available sales information regarding the site subject to development and, alternatively, a subdivider-paid appraisal of the site subject to development if accurate sales information is not available prior to the approval of the first final map.
(3) Only the payment of fees is required in subdivisions of 50 parcels or less.
(4) Subdivisions containing fewer than five parcels and not used for residential purposes are exempt from the requirements of this section; provided, however, that a condition may be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more parcels within four years the fee must be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.
(5) If the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this chapter.
(b) Fees shall be paid at or before the time of issuance of the first building permit for a development project.
(c) The land, fees, or combination thereof are to be held in a separate, interest-bearing account for the purpose of developing new or rehabilitating existing park or recreational facilities to serve the subdivision.
26.64.020 SCHOOL SITES.
In accordance with the Subdivision Map Act, the Planning Commission may, as a condition of approval of a final map require the subdivider to offer a school site to the elementary school district under the terms and conditions set forth in said act.
26.64.030 PRIVATE PARK AND RECREATIONAL FACILITY SPACE CREDIT.
(a) Partial Credit Available. Where private park and recreational facility space is provided in a development and such space is held in common ownership and is to be privately owned and maintained, partial credit, not to exceed a maximum of 50%, may be allowed against the requirement of land dedication or payment of fees in-lieu thereof.
(b) Requirements. Credits may be given for facilities included on the list of private park and recreation facilities approved for credit by resolution of the City Council. Facilities that fall within two or more of the classifications set forth in the resolution will be placed in the category that best fits the potential use of the facility. There will be no double credits for facilities. In order for private park and recreational facilities to be eligible for credit, the Parks and Recreation Director or designee must determine that it is in the public interest to do so, that the proposed private park and recreational facilities and their design and location are appropriate for the proposed development and all of the following requirements are met:
(1) The proposed private park and recreational facility space equals at least 25% of the acreage of the total parkland dedication requirement, except that residential development projects, which are 100% affordable to low and moderate income households, will have no minimum threshold. "Low or moderate income" households means persons and families whose income does not exceed 120 percent of area median income, as defined in Health and Safety Code section 50093.
(2) The proposed private park and recreational facility space is not located in a private yard or required setback.
(3) A minimum of 25 feet separates all park and recreational facilities from residential units, private patios and parking lots, unless the Zoning Administrator, in consultation with the Director of Parks and Recreation or designee, determines that there is no substantial impact upon neighboring residents or the facilities.
(4) The continued private ownership and maintenance of approved park and recreation facilities is documented by recorded agreement, conveyance, or restrictions subject to the review and approval of the City Attorney.
(5) Park and recreational facilities are restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and cannot be defeated or eliminated without the consent of the City.
(6) The proposed park and recreational facilities are suitable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location.
(7) The proposed for park and recreational facilities comply with the Conservation, Open Space and Park and Recreation Element of the General Plan.
(8) The proposed park and recreation facilities provide, except as noted otherwise herein, a mix of park and recreational elements consisting of no less than three of the facility types approved by City Council resolution, or a combination of such other recreational facilities, approved by the Parks and Recreation Director or designee, that will meet the park and recreational needs of the future residents of the area. Projects whose required land dedication space is 14,000 square feet or less may provide fewer than three main facility types and will receive the up to the following maximum credits:
(A) Projects with a land dedication space requirement of 8,000 square feet up to and including 14,000 square feet:
(i) No credit for one facility type.
(ii) 35% maximum credit for two facility types.
(iii) 50% maximum credit for three facility types.
(B) Projects with a land dedication space requirement of less than 8,000 square feet:
(i) 20% maximum credit for one facility type.
(ii) 35% maximum credit for two facility types.
(iii) 50% maximum credit for three facility types.
(c) Calculation. Private Park and Recreational Facility Space credit is calculated by first dividing the cumulated park and recreation facility space that qualifies for credit by the total park land dedication requirement and then by multiplying this result by the maximum credit allowable. For example:
If the cumulated amount of Park and Recreational Facility Space that qualifies for credit = 5,000 square feet (SF), and
Park land dedication requirement = 15,000 SF, and
The maximum allowable credit = 50%, then:
5,000 SF / 15,000 SF = .333
Therefore .333 x 50% max = 16.65% credit for project off of the fee.
26.64.040 EXISTING UNITS—CALCULATION.
In determining the land to be dedicated or the fees to be paid pursuant to this chapter, units that have been in existence for five years or more on the date of approval of the tentative subdivision or tentative parcel map shall be excluded from the calculations under Section 26.64.010.
Chapter 26.65 CONVERSIONS TO CONDOMINIUMS, STOCK COOPERATIVES AND COMMUNITY APARTMENTS
26.65.010 PURPOSE.
The conversion of residential, commercial and industrial structures from single person or entity ownership to condominiums, stock cooperatives, or community apartments with multiple ownership interests creates special community problems, both social and economic. Given the relative lack of rental construction over the past eight years, conversions may significantly affect the balance between rental and ownership housing within the City (which may affect future economic growth); reduce the variety of individual choices of tenure, type, price, and, location of housing; increase overall rents; decrease the supply of rental housing for low and moderate income persons and families; and disregard the needs of the prevailing consumer market. The purpose of this chapter is to provide guidelines to evaluate those problems, the impact any conversion application may have on the community and to establish requirements which shall be included in any conversion approval.
26.65.020 SUBDIVISION MAP PROCEDURES.
(a) The requirements established in this title for subdivision map review, rather than those for parcel maps, shall be applied to applications for conversions to condominium units, and shall be in addition to those required by applicable State law.
(b) This title shall not apply to the following:
(1) Unless a parcel or final map was approved by the City, the conversion of a community apartment project to a condominium if all of the following requirements are met:
(A) At least seventy-five (75) percent of the units in the project were occupied by record owners of the project on March 31, 1982;
(B) A final or parcel map of the project was properly recorded, if the property was subdivided, as defined in Government Code section 66424, after January 1, 1964, with all of the conditions of that map in effect after the conversion; and
(C) The Director of Public Works certifies that the above requirements are satisfied.
(2) Unless a parcel or final map was approved by the City, the conversion of a stock cooperative to a condominium if all of the following requirements are met:
(A) At least fifty-one (51) percent of the units in the cooperative were occupied or individually owned by stockholders of the cooperative on January 1, 1980. As used in this subsection, a cooperative unit is "individually owned" if and only if the unit is owned by stockholders who hold an interest in only that one unit in the cooperative;
(B) No more than twenty-five (25) percent of the shares of the cooperative were owned by any one person, including an incorporator or director of the cooperative, on January 1, 1980; and
(C) The Director of Public Works certifies that the above requirements are satisfied.
26.65.025 NOTICE.
(a) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project shall receive written notification by registered mail from the subdivider of the intention to convert at least ninety (90) days prior to the filing of a tentative map application. This notification shall include the information provided by the department of community development regarding relocation, right to purchase, and lease benefits available under section 26.65.060.
(b) Each tenant, and each person applying for the rental of a unit in the residential real property concerned shall be given all applicable notices and rights as required by this code and State law.
(c) Each tenant shall be given written notification by the subdivider no less than ten (10) days after submittal that an application for a public report will be, or has been, submitted to the Department of Real Estate, and that the report will be available from the subdivider on request.
(d) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project will be given written notification by the City at the subdivider's expense of approval of the final map for the proposed conversion within ten (10) days of approval.
(e) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project shall be given written notice of intention to convert by the subdivider at least one hundred and eighty (180) days prior to termination of tenancy due to the conversion or proposed conversion. This requirement shall be deemed to be met as to those tenants who receive the initial intention to convert notice by that notice.
(f) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project shall be given notice by the subdivider of an exclusive right to contract for the purchase of his or her respective unit upon terms and conditions more favorable to the tenant than offered to the general public. This right shall run for a period of not less than ninety (90) days from the date of issuance of the subdivision public report pursuant to the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise this right.
(g) Any written notice required by this chapter, except for the notice of intention to convert, shall be considered satisfied if the notice complies with the State requirements for service by mail.
(h) The subdivider shall use the notification forms provided for in the Subdivision Map Act, as applicable.
(i) The provisions of this chapter are in addition to and shall not be construed to alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent, or obligations imposed by the Civil Code.
26.65.030 DEFINITIONS.
When used in this chapter, the following meanings shall apply:
(1) "Affordable housing" means housing that has a purchase price or a rental rate that is within the income levels for households earning less than or equal to one hundred twenty percent of median income for the San Francisco-Oakland Standard Metropolitan Statistical Area (SMSA) and that meet minimum size standards on a per person basis.
(2) "Apartment" means a room or suite of rooms in a multiple family structure, which is arranged, designed or used as a single housekeeping unit and which includes cooking facilities.
(3) "Applicant" means an authorized party responsible for filing a complete application and representing the project during review by the City.
(4) "Association" means an organization composed of persons who own a condominium unit(s) or right of exclusive occupancy in a community apartment, and who are organized to operate and maintain common areas for condominiums.
(5) "Common areas" means an entire project excepting all units therein granted or reserved.
(6) "Community apartment project" means a development of real property in which an undivided interest in the land is coupled with the right of exclusive occupancy of a designated residential unit located thereon. For the purposes of this section, community apartment project means the same thing and shall be treated in the same way as a residential condominium, as defined herein,
(7) "Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property.
(8) "Conversion" means a proposed change in the ownership interest of a parcel or parcels of land, together with the existing or added structures, some of which were previously occupied, from that established to the type of ownership interest defined as community apartments, stock cooperative or condominiums.
(9) "Covenants, conditions and restrictions (CC&Rs)" means a written declaration relating to the maintenance, operation, duties, and responsibilities of the common owners of the project and may include, but is not limited to, those restrictions provided for in Section 1355 of the California Civil Code and as such may hereafter be amended.
(10) "Developer" means the owner or subdivider of real property with a controlling proprietary interest in the project.
(11) "Eligible tenant" means a tenant who was a tenant at the time the notice of intention to convert was mailed pursuant to section 26.65.025(a) or to whom the subdivider did not provide a notice concerning the proposed conversion required by this chapter or State law.
(12) "Handicapped" means a person who is handicapped with one of the following disabilities: an orthopedic disability impairing ability to obtain employment, a physical disability requiring special care facilities in the home, or a developmental disability or mental disorder rendering him or her eligible to participate in programs of rehabilitation or social services conducted by or on behalf of a public agency.
(13) "Housing market area" means the area within the county of San Mateo.
(14) "Lower income" means a tenant or household that earns eighty percent or below the county or SMSA median income, whichever produces the higher figure.
(15) "Moderate income" means a tenant or household that earns more than eighty percent, but not more than one hundred twenty percent of the county or SMSA median income, whichever produces the higher figure.
(16) "Multiple family residential project" means a rental housing development consisting of three or more dwelling units attached to or within one structure.
(17) "Organizational documents" means the declaration of restrictions, articles of incorporation, bylaws, and any contracts for the maintenance, management or operation of all or any part of the community housing project.
(18) "Project" means the entire parcel of real property divided or to be divided into condominiums, including all structures thereon.
(19) "Stock cooperative" means a corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock or membership certificate in the corporation held by the person having such right of occupancy.
(20) "Subdivision Map Act" refers to the subdivision law of the state commencing with Section 66410 of California Government Code, or its successor.
(21) "Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides, or causes to be divided real property into a subdivision for himself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not "subdividers."
(22) "Subdivision ordinance" means Title 26 of this code.
(23) "Tenant" means the person(s) entitled to immediate possession of the unit pursuant to a rental agreement, lease, or sublease. A person who sublets a unit to another and does not live in the unit himself, is not a tenant.
(24) "Unit" means the element of a community apartment, stock cooperative or a condominium which is to be exclusively owned or occupied individually and not in common with the owners of other elements of the project.
(25) "Very low income" means a tenant or household that earns fifty percent or below of the county or SMSA median income, whichever produces the higher figure.
26.65.040 APPLICATION FOR CONVERSION—PRIOR NOTICE.
(a) No person shall convert a structure to community apartments, stock cooperatives or condominiums within this city without an approved application therefor which has met all the requirements of this chapter.
(b) In addition to satisfying other requirements of this title, the applicant for a conversion, at the time application is made, shall provide the following information:
(1) A building and zoning history, to the extent available, detailing the date of construction, major uses since construction and the dates, nature and scope of major repairs and alterations since construction;
(2) A property report detailing the condition and useful life of the roof, foundation, mechanical, electrical, plumbing, and structural elements of all existing buildings and structures prepared by a certified engineer or architect. It may include reports by licensed contractors for special areas of construction if the reporting contractor is licensed by the State as a contractor in the specific area. The report shall also include the following:
(A) A structural pest report, prepared by a licensed structural pest control operator, of an inspection made within thirty (30) days before the filing of the application; and
(B) A report identifying all items not consistent with the City's existing zoning, building, fire, and housing codes, and California Administrative Code regulations for existing buildings;
A copy of the property report shall be furnished to each prospective purchaser by the subdivider prior to sale of the unit;
(3) A statement of the number of units, size of units, parking spaces per unit, number of tenants, including number of tenants sixty-two years of age and older;
(4) A statement certifying that all tenants have been notified in writing of the intent to apply for conversion at least ninety days prior to its actual filing. Prospective tenants also shall be notified of the application for conversion prior to rental. Copies of such notices shall be provided to city attached to the statement;
(5) A statement of the specific relocation assistance which the applicant shall provide existing tenants in the event they do not purchase their respective units;
(6) A statement of the repairs and improvements which will be done prior to sale of the units;
(7) A description of the amount of open space existing and the condition of the common areas, including landscaping, recreational features and facilities within the project area;
(8) A copy of the notice of intention to sell or lease and a copy of the completed questionnaire, as filed with the California Department of Real Estate under the provisions of Business and Professions Code Section 11010, et seq.
26.65.050 REVIEW CONSIDERATIONS.
When evaluating whether a conversion should be approved with the required conditions or denied, each reviewing body shall consider its consistency with the public health, safety and welfare and with the City's general and specific plans. In making such determination, each reviewing body shall consider such factors as may adversely affect the public health, safety or welfare of the community.
26.65.060 CONDITIONS.
Approval of a proposed subdivision map for a conversion under this chapter shall be conditioned to secure the purposes of this title. Such conditions shall include, but are not limited to the following:
(1) Each tenant shall have the first right to purchase his or her unit for a period of three (3) months after receipt of city approval of the final map and a copy of the condominium final subdivision public report of the California Department of Real Estate.
(A) Any eligible tenant who is a tenant on the date of the approval of the tentative map and who does not exercise his or her right to purchase or relocate shall be entitled to a one-year lease upon approval of the final map for the project; the one-year is measured from the date of the tentative map approval.
(B) Any eligible tenant who, on the date of the filing of the tentative map application, is sixty-two (62) years of age or older or is handicapped shall be entitled to a lease of his or her unit for so long as the tenant lives and remains a tenant of the unit. The rental rate for all tenants shall be that in effect at the time the application for a tentative map is filed, subject to an increase no more often than every twelve (12) months of not more than the annual cost of living increase published for the Housing and Urban Development's (HUD) Section 8 rental increase averages for the San Francisco Bay Midpeninsula. This restriction on rate increases shall be for the period from twelve (12) months before the filing of the tentative map application through the end of occupancy for an eligible tenant and until the unit is sold for all other tenants.
(2) Relocation assistance shall be given to all eligible tenants as follows:
(A) A relocation allowance equal to three times the current monthly United Stattes Department of Housing and Urban Development (HUD) Fair Market Rent for a unit of comparable size and type to the unit being converted shall be paid to the eligible tenant within twenty (20) days after the tenant notifies the owner of his or her intention to vacate the unit or the owner notifies the tenant to vacate the unit.
(B) The developer shall provide a list of active comparable rental units in San Mateo County at least once each month beginning in the month that the tentative map is approved by the City and continuing until six (6) months after approval of the final map or the expiration of the tentative map, whichever is later; and
(C) In conversion projects of twenty-five (25) or more dwelling units, the developer shall provide a relocation specialist to assist displaced tenants in finding new housing who shall be on-site at least biweekly, beginning no later than fifteen (l5) days after the approval of the tentative map by the City and continuing until the expiration of the tentative map or six (6) months after the approval of the final map, whichever occurs first.
(3) Hazardous and unsafe conditions shall be alleviated and repaired prior to final map approval, even though the condition may have complied with city codes in effect at the time of original construction. Other code requirements, as well as conditions of the conversion approval, not deemed hazardous or unsafe, if not complete at the time final map approval is sought, shall require that a bond in the form and amount acceptable to city be posted to ensure such completion prior to approval for occupancy or within one year of the approval of the final map, whichever is sooner. Such bonding shall not be released until all conditions of approval have been met and accepted by city as satisfactory.
(4) An inspection of the premises to ascertain that structures are consistent with the public health and safety shall be completed at applicant's expense by the City or city's designee prior to final map approval. Approval for occupancy shall not be granted until all other conditions of approval have been met and accepted by city as satisfactory.
(5) The structural elements of the conversion project shall meet, at a minimum, the Building Code in effect in the City on the date of the building permit application for the conversion. Calculations by a structural or civil engineer or architect shall be required. The project shall also meet sound control and energy conservation requirements as follows:
(A) Sound control between units and between units and public areas shall provide an airborne sound insulation equal to that required to meet a Sound Transmission Class (STC) of forty-three by field testing. Impact Insulation Class (IIC) of forty-three by field testing is required. Entrance doors and perimeter seals shall meet a rating of not less than twenty-six STC. To assure compliance with the above, all units must be field tested and certified by an approved testing agency.
(B) Energy conservation measures shall be included. Roof and ceiling assemblies shall meet the R-20 standard. Exterior openings shall be weather-stripped. If the glazing areas exceed the allowable areas of the state energy regulations by ten percent, modifications shall be made to bring the structure within the limits specified herein. The energy compliance alterations may be made in any manner provided in the state regulations. Calculations by a person authorized in the state regulations will be required. Exposed heating ducts and hot water piping and hot water tanks shall be insulated.
For the purpose of meeting all the requirements of this subsection (5), all walls, floors and other structural elements deemed suspect by the building official, shall be opened for inspection and necessary corrections shall be made to the structure prior to receiving approval for occupancy.
(6) Parking for each unit shall be the same as that required for new multiple residential structures specified per bedroom count in Chapter 27.64 of this code, except that, upon proper qualification, a variance therefrom may be granted under the provisions of Chapter 27.78 of this code. The parking for each unit shall be within an enclosed garage for at least one space, or, alternatively, a covered parking area with adequate security may be substituted.
(7) All public improvements which are necessary to comply with present city standards shall be required and completed prior to approval of the final map.
(8) The applicant shall post an irrevocable bond or warranty with the project's homeowners association assuring the operation and maintenance of all built-in appliances in each unit for a period of one year after conveyance of each unit. Any residential conversion project shall contain clothes washing and drying appliances at a minimum ratio of one of each such appliance per five units, or fraction thereof, in the project, to be located in a facility readily accessible to all occupants. A similar bond or warranty for the clothes appliances shall be posted with the association for a like period of operation and maintenance.
(9) The applicant shall furnish the department of community development with a copy of the Department of Real Estate's Conversion Final Subdivision Public Report when issued, as well as to all prospective purchasers. The applicant shall also notify all tenants of the structure to be converted of each public hearing scheduled on the application, in writing, and provide evidence of compliance therewith to the City prior to final tentative map approval.
(10) After tentative map approval is granted, but prior to a final map being approved, the applicant shall file a copy of the covenants, conditions and restrictions with the City Attorney's office. They shall be reviewed and approved by the City Attorney for compliance with the provisions of this code, conditions of approval or conflicts with local law prior to approval of the final map. The covenants, conditions and restrictions for residential conversions shall contain provisions prohibiting discrimination because of age, persons of low income, or families with children, unless the physical facilities are limited to elderly persons or unsuitable for children and persons of low income are unable to qualify for financial assistance to purchase a unit.
(11) The project shall meet all zoning ordinances in effect at the time the application is filed with respect to the number of units permitted.
26.65.070 APPEAL.
The applicant or any citizen or taxpayer may appeal the decision of the Planning Commission to the City Council on any conversion project. The procedures for appeal set forth in Section 26.72.030 shall be applicable.
Chapter 26.68 EXCEPTIONS
26.68.010 APPLICATION.
Exceptions to any of the requirements and regulations set forth in this Title may be authorized. Application for any exception shall be made by the subdivider stating fully the grounds of the application and the facts relied upon. Such application shall be filed with the preliminary map application and shall be considered by the Planning Commission at the time it considers the preliminary map. The application and the recommendations of the Board shall be forwarded to the Planning Commission with the tentative map.
26.68.020 PLANNING COMMISSION ACTION.
The Planning Commission shall review the application for exceptions at the time it considers the tentative map. In making such review, the Planning Commission may grant the exceptions if it considers all of the following facts to exist:
(1) The land is of such shape or size, or is affected by such topographical conditions, or is subject to such Title limitations of record that it is impossible or impractical for the subdivider to comply with all of the regulations of this Title;
(2) The exception is necessary for the preservation and enjoyment of a stated substantial property right of the subdivider;
(3) The granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity of the subject property.
26.68.030 CONDITIONS—IMPOSED.
In granting such exceptions, the Planning Commission may impose such conditions as will secure substantially the objectives of this title.
26.68.040 CONDITIONS—GUARANTEED COMPLIANCE.
In all cases in which such exceptions are authorized, the Council shall require such evidence of guarantees as it deems necessary to insure that the conditions required in connection with such exceptions will be complied with.
Chapter 26.72 APPEALS
26.72.010 ACTION OF ADMINISTRATIVE OFFICIALS.
If any person is dissatisfied with any action or decision of any administrative official in the administration of this Title, he/she may appeal to the Planning Commission by filing an appeal in writing, with the required fees, with the director of community development within ten (10) days of the action or decision. The director of community development shall set the appeal on the agenda of the next regular meeting of the Planning Commission that is fifteen (l5) days or more after the date on which the appeal was filed. Notice of the hearing shall be given in the same manner as notices of hearings of the Planning Commission under Title 27.
26.72.020 PLANNING COMMISSION.
If any person is dissatisfied with any action or decision of the Planning Commission pursuant to this title, he or she may appeal to the City Council by filing an appeal in writing, accompanied by the required fees, with the City Clerk within ten (l0) days of the action or decision. The City Clerk shall set the appeal on the agenda of the next regular meeting of the City Council that is fifteen (l5) days or more after the date on which the appeal was filed. Notice of the hearing shall be given in the same manner as notices of hearings of the City Council under title 27.
26.72.040 TIME EXTENSIONS.
Notwithstanding any other provisions of this code, when the action being appealed includes the grant or denial of an extension of time to file or record a final subdivision map or parcel map, the appeal shall be filed within fifteen days of the decision.
