Title 16
SUBDIVISIONS
Chapters:
16.04 General Provisions
16.08 Definitions
16.12 Tentative and Final Parcel Maps and Subdivision Maps-Where Required
16.16 Tentative Map Procedures
16.20 Final Map Procedures
16.24 Park Improvements-Bay Access-Natural Heating and Cooling
16.28 Improvement Security
16.32 Lot Line Adjustments
16.36 Modifications
16.40 Reversions to Acreage
16.42 Vesting Tentative Map Procedures
16.44 Appeals
16.48 Administration and Enforcement
Chapter 16.04
GENERAL PROVISIONS
Sections:
16.04.010 Title.
16.04.020 Citation and authority.
16.04.030 Purposes.
16.04.040 Interpretation.
16.04.050 Improvements-Designation of remainder parcels.
16.04.060 Improvements-Parcel map subdivisions.
16.04.070 Improvements-Timing of construction requirements.
16.04.080 Payment of fees required prior to processing of applications.
16.04.090 Regional housing needs.
16.04.095 Applications-Completeness-Resubmittal.
16.04.010 Title.
This title shall be known as and may be cited as the "subdivision ordinance of the city."
(Ord. 282 § 1.1, 1982).
16.04.020 Citation and authority.
This title is enacted pursuant to Article XI of the constitution and general laws of the state, including the Subdivision Map Act (Section 66410 et seq. of the Government Code). This title is adopted to supplement and implement the Subdivision Map Act.
(Ord. 282 § 1.2, 1982).
16.04.030 Purposes.
This title is adopted for the following purposes:
A. To protect and provide for the public health, safety and general welfare of the city;
B. To guide the future growth and development of the city in accordance with the general plan;
C. To protect the character and the social and economic stability of all parts of the city by encouraging orderly and beneficial development;
D. To protect and conserve the value of land, buildings and improvements throughout the city, and to minimize the conflicts among the uses thereof;
E. To establish reasonable standards of design and procedures for subdivisions in order to provide for orderly layout and use of land and to insure adequate legal descriptions and monumenting;
F. To insure that governmental costs are minimized by requiring the installation of improvements of adequate size and quality;
G. To protect the community against excessive stormwater runoff, flood, soil erosion, fire and geologic hazards;
H. To facilitate law enforcement and fire protection through orderly design and development and through the provision of adequate facilities and improvements;
I. To provide the community with adequate solar access, light, air and privacy;
J. To assure the provision of adequate water supply, storm drainage, sewage disposal and other utilities, services and improvements needed as a consequence of subdivision;
K. To provide lots of adequate size and appropriate design for the purposes for which they are to be used;
L. To preserve the natural beauty and topography of the city by giving appropriate consideration to provision of open space and conservation of natural features;
M. To guide public and private policy and action so as to insure availability of public transportation, educational and recreational facilities which are sufficiently coordinated with and have sufficient capacity to serve each proposed subdivision;
N. To supplement and facilitate the enforcement of the provisions and standards of the building and housing codes and the zoning ordinance;
O. To prevent the pollution of air and streams;
P. To safeguard the water table;
Q. To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic, with particular regard to the following:
1. Avoidance of congestion in the streets and high-ways,
2. Providing for pedestrian and bicycle traffic movements appropriate to the various uses,
3. Providing for the proper location and width of streets and building lines,
4. Assuring that the streets have adequate capacity and improvements to provide access to abutting property and to carry the anticipated traffic,
5. Assuring that the streets are designed so as to minimize hazards to vehicles, their occupants, cyclists and pedestrians,
6. Minimizing through traffic on residential streets, 7. Providing pedestrian and bicycle paths for the safety and convenience of pedestrians and cyclists, and enabling them to enjoy the amenities of the city;
R. To provide public access to public waterways and other natural resources.
(Ord. 282 § 1.3, 1982).
16.04.040 Interpretation.
A. The provisions of this title shall be interpreted and applied as minimum requirements except where it is expressly stated that any such requirement is to be a maximum. This title is not intended to impair or interfere with any private restrictions placed upon real property by covenant or deed; provided, however, that where this title imposes a greater restriction upon subdivision than is imposed or required by such private restriction, the provision of this title shall control.
B. This title is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law. Whenever any provision of this title and any other provision of law impose overlapping or contradictory regulations over the subdivision of land, or contain any restrictions covering the same subject matter, the provision which is more restrictive or imposes higher standards or requirements shall govern.
C. 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 city council or the planning commission.
D. This title shall not be construed as:
1. Abating any action now pending under or by virtue of prior existing subdivision regulation; or
2. Discontinuing, abating, modifying or altering any penalty accruing or about to accrue; or
3. Affecting the liability of any person; or
4. Waiving the right of the city under any provision of law; or
5. Vacating or annulling any rights obtained by any person by lawful action of the city except as shall be expressly provided in this chapter.
(Ord. 282 § 1.4, 1982).
16.04.050 Improvements-Designation of remainder parcels.
In the case of a subdivision of a portion of any unit or units of improved or unimproved land, the subdivider may designate as a remainder that portion which is not divided for the purpose of sale, lease or financing.
(Ord. 282 § 1.5 (a), 1982).
16.04.060 Improvements-Parcel map subdivisions.
In the case of a parcel map, improvements shall be limited to the dedication of right-of-way, easements and the construction of reasonable off-site and on-site improvements for the parcels being created. Requirements for the construction of such off-site and on-site improvements shall be noticed by certificate on the parcel map, or by separate instrument and shall be recorded on, concurrently with, or prior to the parcel map or instrument of waiver of a parcel map being filed for record.
(Ord. 282 § 1.5(b), 1982).
16.04.070 Improvements-Timing of construction requirements.
Fulfillment of construction requirements for improvements for designated remainder parcels described in Section 16.04.050 and for parcel map subdivisions described in Section 16.04.060 shall not be required until such time as a permit or other grant of approval for development of the parcel is issued by the city, or until construction of the improvements is required pursuant to an agreement between the subdivider and the city.
(Ord. 282 § 1.5(c), 1982).
16.04.080 Payment of fees required prior to processing of applications.
The city council shall by resolution establish a schedule of fees for the processing of the various applications required by this title. No application shall be considered complete and ready for processing until and unless the required fees have been paid.
(Ord. 282 § 1.6, 1982).
16.04.090 Regional housing needs.
In carrying out the provisions of this title, the planning commission and city council shall consider the effect of their actions on housing needs within the region and shall balance those needs against the public service needs of the residents of Brisbane and available fiscal and environmental resources.
(Ord. 282 § 1.7, 1982).
16.04.095 Applications-Completeness-Resubmittal.
Except as otherwise provided in this Title 16, and subject to any contrary provisions in the Subdivision Map Act or other state law, Sections 17.02.080 and 17.02.090 of this code shall apply to applications made pursuant to this title.
(Ord. 308 § 1, 1985).
Chapter 16.08 Sections:
16.08.010 Use of definitions.
16.08.020 Advisory agency.
16.08.030 Agency.
16.08.040 Board of supervisors.
16.08.050 Building inspector.
16.08.060 City attorney.
16.08.070 City clerk.
16.08.080 City council.
16.08.090 City engineer.
16.08.100 County recorder.
16.08.110 Day.
16.08.120 Design.
16.08.130 Designated remainder parcel.
16.08.140 General plan.
16.08.150 Grading ordinance.
16.08.160 Improvement.
16.08.170 Interested person.
16.08.180 Lot line adjustment.
16.08.190 Map, final parcel.
16.08.200 Map, final subdivision.
16.08.210 Map, tentative parcel.
16.08.220 Map, tentative subdivision.
16.08.230 Open space.
16.08.240 Planning commission.
16.08.250 Planning director.
16.08.260 Standard specifications.
16.08.270 Subdivider.
16.08.280 Subdivision.
16.08.290 Subdivision Map Act.
16.08.300 Zoning ordinance.
16.08.010 Use of definitions.
For the purpose of this title, the words and phrases set forth in this chapter shall have the meanings respectively ascribed to them in this chapter. Whenever any words or phrases in this title are not defined in this chapter but are defined in the Subdivision Map Act, or zoning ordinance, such definitions are incorporated in this chapter and shall apply to such words and phrases, unless the context clearly indicates a contrary intention.
(Ord. 282 § 2.1, 1982).
16.08.020 Advisory agency.
"Advisory agency" means the Brisbane planning commission which is charged with the duty of reviewing the design and improvements of proposed divisions of real property, the imposing of conditions thereon and having the authority to approve, conditionally approve or disapprove said divisions.
(Ord. 282 § 2.2, 1982).
16.08.030 Agency.
"Agency" means an administrative division of government.
(Ord. 282 § 2.3, 1982).
16.08.040 Board of supervisors.
"Board of supervisors" means the board of supervisors of the county.
(Ord. 282 § 2.4, 1982).
16.08.050 Building inspector.
"Building inspector" means the building inspector of the city.
(Ord. 282 § 2.5, 1982).
16.08.060 City attorney.
"City attorney" means the city attorney of the city.
(Ord. 282 § 2.6, 1982).
16.08.070 City clerk.
"City clerk" means the city clerk of the city.
(Ord. 282 § 2.7, 1982).
16.08.080 City council.
"City council" means the city council of the city.
(Ord. 282 § 2.8, 1982).1
16.08.090 City engineer.
"City engineer" means the city engineer of the city.
(Ord. 282 § 2.8, 1982).1
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1. Editor's note: There were two sections numbered "2.8" in Ord. 282.
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16.08.100 County recorder.
"County recorder" means the county recorder of the county.
(Ord. 282 § 2.9, 1982).
16.08.110 Day.
"Day" means calendar day.
(Ord. 282 § 2.10, 1982).
16.08.120 Design.
"Design" means the following:
A. Street location, alignments, grades and widths; relationship of streets to land contours and connections to existing streets;
B. Drainage and sanitary facilities and utilities including alignments and grades thereof;
C. Location and size of all required easements and rights-of-way;
D. Fire roads and firebreaks;
E. Lot size and configuration;
F. Traffic access and safety;
G. Grading;
H. Land to be dedicated for park or recreational purposes;
I. Visual considerations, such as ridgeline protection;
J. Solar access;
K. Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or appropriate to insure conformity to or implementation of the general plan or any specific plan.
(Ord. 282 § 2.11, 1982).
16.08.130 Designated remainder parcel.
"Designated remainder parcel" means a portion of a unit or units of improved or unimproved land which a subdivider has designated as not being divided for the purpose of sale, lease or financing.
(Ord. 282 § 2.12, 1982).
16.08.140 General plan.
"General plan" means the general plan of the city.
(Ord. 282 § 2.13, 1982).
16.08.150 Grading ordinance.
"Grading ordinance" means that ordinance of the city that regulates the removal, deposition or alteration of earth.
(Ord. 282 § 2.14, 1982).
16.08.160 Improvement.
"Improvement" means:
A. Such street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof; and
B. Such other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the city or by a combination thereof, is necessary or convenient to insure conformity to or implementation of the general plan or any specific plan.
(Ord. 282 § 2.15, 1982).
16.08.170 Interested person.
"Interested person" means any person owning real property, operating a business or residing within the city.
(Ord. 282 § 2.16, 1982).
16.08.180 Lot line adjustment.
"Lot line adjustment" means the transfer of land between two (2) or more adjacent parcels, where the land taken from one (1) parcel is added to an adjacent parcel, where a greater number of parcels than originally existed is not created and where the resulting parcels equal or exceed minimum lot size requirements of the city.
(Ord. 282 § 2.17, 1982).
16.08.190 Map, final parcel.
"Final parcel map" means the officially approved map of a proposed subdivision described in Section 16.12.030.
(Ord. 282 § 2.18(b), 1982).
16.08.200 Map, final subdivision.
"Final subdivision map" means the officially approved map of a proposed subdivision described in Section 16.12.010.
(Ord. 282 § 2.18(d), 1982).
16.08.210 Map, tentative parcel.
"Tentative parcel map" means the preliminary approved map made for the purpose of showing the design and improvement of a proposed subdivision described in Section 16.12.030 and the existing conditions in and around it. Such map need not be based upon an accurate or detailed final survey of the property.
(Ord. 282 § 2.18(a), 1982).
16.08.220 Map, tentative subdivision.
"Tentative subdivision map" means the preliminary approved map made for the purpose of showing the design and improvement of a proposed subdivision described in Section 16.12.010 and the existing conditions in and around it. Such map need not be based upon an accurate or detailed final survey of the property.
(Ord. 282 § 2.18(c), 1982).
16.08.230 Open space.
"Open space" means an area of land which is essentially unimproved and devoted to the preservation of natural resources, the managed production of resources, outdoor recreation, and public health and safety. Examples of open space uses are set forth in subsection (b) of Section 65560 of the Government Code.
(Ord. 282 § 2.19, 1982).
16.08.240 Planning commission.
"Planning commission" means the planning commission of the city.
(Ord. 282 § 2.20, 1982).
16.08.250 Planning director.
"Planning director" means the director of planning of the city.
(Ord. 282 § 2.21, 1982).
16.08.260 Standard specifications.
"Standard specifications" means the most recently adopted or approved edition of the standard specifications of the city department of engineering.
(Ord. 282 § 2.22, 1982).
16.08.270 Subdivider.
"Subdivider" means a person, firm, corporation, partnership or association who or which proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others; provided, however, that employees and consultants of such persons or entities, acting in such capacity, are not subdividers.
(Ord. 282 § 2.23, 1982).
16.08.280 Subdivision.
A. "Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way.
B. "Subdivision" also includes the following:
1. A condominium project, as defined in Section 1350 of the Civil Code;
2. A community apartment project, as defined in Section 11004 of the Business and Professions Code;
3. The conversion of five (5) or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code.
C. "Subdivision" does not include:
1. Leases of agricultural land for agricultural purposes. As used in this section the term "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock;
2. Short-term leases, terminable by either party on not more than thirty (30) days' notice in writing, of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code unless a showing is made in individual cases, under substantial evidence, before the city council, that public policy necessitates the application of such regulations to such short-term leases in such individual cases;
3. The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks;
4. Mineral, oil, or gas leases;
5. Land dedicated for cemetery purposes under the Health and Safety Code of the state;
6. Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party;
7. Any separate assessment under Section 2188.7 of the Revenue and Taxation Code;
8. The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel;
9. The financing or leasing of existing separate commercial or industrial buildings on a single parcel;
10. A lot line adjustment, approved by the planning director, where no additional parcels are created and no substandard lot is created.
D. A conveyance of land to a government agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels.
(Ord. 282 § 2.24, 1982).
16.08.290 Subdivision Map Act.
"Subdivision Map Act" means Title 7, Division 2, of the Government Code of the state.
(Ord. 282 § 2.25, 1982).
16.08.300 Zoning ordinance.
"Zoning ordinance" means the zoning ordinance of the city.
(Ord. 282 § 2.26, 1982).
Chapter 16.12 Sections:
16.12.010 Tentative and final subdivision map-When required.
16.12.020 Tentative and final subdivision map-Exceptions to requirements.
16.12.030 Tentative and final parcel map-When required.
16.12.040 Tentative and final parcel map-Exceptions to requirements.
16.12.050 Final parcel map-Waiver of requirements.
16.12.060 Merger of parcels-General nonmerger rule.
16.12.070 Merger of parcels-Exception to nonmerger rule.
16.12.080 Merger of parcels-Notice.
16.12.010 Tentative and final subdivision map-When required.
A tentative and final subdivision map shall be required for the following:
A. All subdivisions creating five (5) or more parcels;
B. Five (5) or more condominiums as defined in Section 1350 of the Civil Code;
C. A community apartment project containing five (5) or more parcels;
D. The conversion of a dwelling to a stock cooperative containing five (5) or more dwelling units.
(Ord. 282 § 3.1(a), 1982).
16.12.020 Tentative and final subdivision map-Exceptions to requirements.
A tentative and final subdivision map shall not be required in the following cases:
A. Where the land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the city council; provided, however, that this section shall not be applicable to condominium, community apartment, and stock cooperative projects described in Section 16.12.010;
B. Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street or highway;
C. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the city council as to street alignments and widths; or
D. Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter of a quarter section.
(Ord. 282 § 3.1(b), 1982).
16.12.030 Tentative and final parcel map-When required.
A tentative parcel map and final parcel map shall be required for the following:
A. All subdivisions creating less than five (5) parcels;
B. Less than five (5) condominiums as defined in Section 783 of the Civil Code;
C. A community apartment project containing less than five (5) parcels;
D. The conversion of a dwelling to a stock cooperative containing less than five (5) dwelling units;
E. All subdivisions for which tentative and final maps are not required due to an exception set forth in Section 16.12.020.
(Ord. 282 § 3.2(a), 1982).
16.12.040 Tentative and final parcel map-Exceptions to requirements.
A tentative parcel map and final parcel map shall not be required in the following cases:
A. Where the subdivision is created by a short-term lease, terminable by either party on not more than thirty (30) days' written notice, of a portion of the operating right-of-way of a railroad corporation, as defined by Section 230 of the Public Utilities Code;
B. Where land is conveyed to or from a government agency, public entity or public utility, or to a subsidiary of a public utility for rights-of-way, unless a showing is made in individual cases that public policy necessitates a parcel map.
(Ord. 282 § 3.2(b), 1982).
16.12.050 Final parcel map-Waiver of requirements.
The requirements for a final parcel map may be waived if the planning commission reviews an application for waiver, accompanied by a tentative parcel map, and finds that the proposed division of land complies with requirements established pursuant to this title as to the following:
A. Area;
B. Improvement and design;
C. Floodwater drainage control;
D. Appropriate improved public roads;
E. Sanitary disposal facilities;
F. Water supply availability;
G. Environmental protection;
H. Recorded monumentation of the boundaries of the parcels;
I. Other requirements of this title and the Subdivision Map Act.
(Ord. 282 § 3.2(c), 1982).
16.12.060 Merger of parcels-General nonmerger rule.
Except as provided in Section 16.12.070, and notwithstanding the provisions of Sections 16.08.190 through 16.08.220, two (2) or more contiguous parcels or units of land which have been created under the provisions of the Subdivision Map Act or any prior law regulating the division of land or a local ordinance enacted pursuant thereto or were not subject to such provisions at the time of their creation shall not merge by virtue of the fact that such contiguous parcels or units are held by the same owner, and no further proceeding shall be required for the purpose of sale, lease or financing of such contiguous parcels or units, or any of them.
(Ord. 282 § 3.3(a), 1982).
16.12.070 Merger of parcels-Exception to nonmerger rule.
Two (2) or more contiguous parcels or units held by the same owner shall be deemed to have merged if:
A. Any one of them does not conform to the minimum lot size or width requirements of the zoning ordinance for the district within which such parcels or units are located;
B. At least one of such contiguous parcels or units is not developed with a building for which a permit has been issued by the city, or which was built prior to the time such permits were required by the city.
(Ord. 282 § 3.3(b), 1982).
16.12.080 Merger of parcels-Notice.
Whenever the planning director has knowledge that real property has merged pursuant to this title, he shall cause to be filed for record with the county recorder a notice of such merger. The notice shall specify the names of the record owners and shall particularly describe the real property. At least thirty (30) days prior to the recording of the notice the owner of the parcels or units to be affected by the merger shall be advised in writing of the intention to record the notice and specifying a time, date, and place at which the owner may present evidence to the planning commission why such notice should not be recorded.
(Ord. 282 § 3.3(c), 1982).
Chapter 16.16 Sections:
16.16.010 Generally.
16.16.020 Preparation of tentative map-Form.
16.16.030 Preparation of tentative map-Information.
16.16.040 Preparation of tentative map-Grading.
16.16.050 Preparation of tentative map-Soils report.
16.16.060 Preparation of tentative map-Drainage study.
16.16.070 Preparation of tentative map-Accompanying statements and materials.
16.16.080 Relationship to future development.
16.16.090 Mobile home park conversions.
16.16.100 Initial tentative map review-Adequacy and completeness.
16.16.110 Initial tentative map review-Meeting specified, time limits.
16.16.120 Filing of tentative map.
16.16.130 Distribution and review.
16.16.140 Reports of consultants.
16.16.150 Notice of tentative map to school district.
16.16.160 Written reports.
16.16.170 Review by city engineer.
16.16.180 Standard conditions of approval of tentative maps.
16.16.190 Public hearing.
16.16.200 Action by planning commission-Completeness of environmental review.
16.16.210 Action by planning commission-Time limit.
16.16.220 Action by planning commission-Findings for approval.
16.16.230 Action by planning commission-When disapproval of tentative map is required.
16.16.240 Action by planning commission-Technical map deficiencies.
16.16.250 Notification of commission action by planning director.
16.16.260 Withdrawal of tentative map.
16.16.270 Time extensions of approved tentative maps.
16.16.280 Amendment of tentative map.
16.16.290 Procedure for final parcel map and subdivision map.
16.16.300 Action by planning director and city engineer upon receipt of final parcel map.
16.16.310 Transmittal of approved final parcel map to county recorder.
16.16.320 Correction and amendment of final map.
16.16.010 Generally.
When a parcel map or subdivision map is required pursuant to this title, the procedures of this chapter shall be applicable. "Tentative map," as used in this chapter, includes tentative parcel map and tentative subdivision map.
(Ord. 282 § 4.1, 1982).
16.16.020 Preparation of tentative map-Form.
The subdivider shall cause the tentative map to be prepared by a registered civil engineer or licensed land surveyor. The tentative map shall be in full conformance with the requirements of this chapter and shall be clearly and legibly drawn. The map shall be a minimum eighteen (18) inches by twenty-six (26) inches in size and be to a minimum scale of one inch equals one hundred feet (1" = 100'), unless the planning director finds that a larger scale will facilitate review by the city. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one (1) inch.
(Ord. 282 § 4.2(a), 1982).
16.16.030 Preparation of tentative map-Information.
The tentative map shall have the following information:
1. A key map showing the location and vicinity of the proposed subdivision;
2. The tentative project name, if determined;
3. Date of preparation;
4. North arrow;
5. Scale;
6. Names, addresses and registration stamp of the person(s) who prepared the map;
7. The names and numbers of adjacent subdivisions showing the lot and block or parcel numbers for adjoining lots and the names of the owners and parcel numbers of other adjacent land;
8. Project boundary approximate dimensions;
9. Existing zoning and use of land; and, in the case of a residential subdivision, the maximum number of dwelling units allowed;
10. Location and outline to scale of all existing and proposed building sites and driveways with an indication of whether they are to remain or be removed;
11. Existing and proposed contour lines extending at least fifteen (15) feet beyond property lines and sources of contour information;
12. Existing and proposed streets; sidewalks, paths and bikeways;
13. Approximate percent of grade on streets;
14. Approximate centerline or property line radii of all curves on streets;
15. Proposed lot lines;
16. Lot numbers in consecutive sequence;
17. Areas of lots in square footage; front footage and widths of lots;
18. Assessor's parcel numbers for property to be subdivided;
19. Proposed areas for public use;
20. Proposed conservation, access, open space or other easements;
21. Approximate locations of areas subject to inundation or flooding and the location, width and direction of flow of all watercourses;
22. Source of water supply for domestic purposes and fire protection for the proposed subdivision;
23. Proposed improvements including the proposed outline and dimension of each system and easement, to include, but not be limited to, storm drains, sanitary sewers, gas and water lines and other utilities;
24. Proposed method of sewage disposal and drainage within the proposed subdivision;
25. Location of all existing structures and all trees with a trunk diameter of four (4) inches or greater measured three (3) feet above the existing grade;
26. Blank spaces eight and one-half by eleven inches (8 1/2" x 11") for all certificates, signatures and notes;
27. Ties to the property in relation to the adjacent land and adjacent public streets or street intersections;
28. A title report prepared within six (6) months prior to the filing of the application;
29. Such other information as may be required by the planning director or city engineer.
(Ord. 282 § 4.2(b), 1982).
16.16.040 Preparation of tentative map-Grading.
The subdivider shall file an application for a grading permit, pursuant to the Brisbane grading ordinance, with the tentative map where grading is necessary in connection with the development of the subdivision to the extent that a grading permit is required.
(Ord. 282 § 4.2(c), 1982).
16.16.050 Preparation of tentative map-Soils report.
A. A preliminary soils report, prepared by a state-licensed soils engineer and based upon adequate test borings or pits shall be submitted at the time of the filing of the tentative tract map.
B. Such report may be waived by the city engineer if he finds that there is sufficient information in the possession of the city as to the qualities of the soils in the subdivision so that no preliminary analysis is necessary.
C. If the city has information of, or if the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, the city engineer may require a soils investigation of each proposed lot in the subdivision. Such soils investigation shall be done by a civil engineer registered in California, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problems exist.
D. The planning commission may approve the tentative map where such soils problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed. A condition of approval of any building permit may require that the approved recommended action be incorporated in the construction of each structure.
(Ord. 282 § 4.2(d), 1982).
16.16.060 Preparation of tentative map-Drainage study.
A drainage study prepared by a civil engineer registered in California shall be submitted at the time of the filing of the tentative map.
(Ord. 282 § 4.2(e), 1982).
16.16.070 Preparation of tentative map-Accompanying statements and materials.
The following statements and materials shall accompany each copy of a tentative subdivision map but are not necessary for a tentative parcel map:
A. Profiles drawn to scale to show clearly all details thereof showing centerline, existing ground and finished grade elevations of all streets. All elevations shall be indicated to the nearest one (1) foot and shall be referred to mean sea level datum, as established by the United States Coast and Geodetic Survey or to elevations or bench marks as established by the city engineer. The planning director may waive this requirement if, in his judgment, the condition of the topography makes it unnecessary;
B. Typical cross-sections of all streets and, when required, details of berms, curbs, gutters, walks and other improvements, drawn to scale to show clearly all details thereof;
C. A statement as to proposed uses of the land with a percentage amount of the uses in proportion to the total area;
D. A plan for street trees and other landscaping;
E. A statement of the improvements proposed to be made or installed by the developer, and the time at which such improvements are proposed to be made or completed;
F. A statement of the improvements proposed to be made or previously installed by the utility company or public agency and the time within which such improvements are proposed to be made or completed, and statements from such utilities or public agencies as to the adequacy of the right-of-way or easements proposed;
G. A statement as to the relation to known and inferred fault lines;
H. A copy of any proposed conditions, covenants and restrictions for review by the city attorney;
I. Such other information as may be required by the planning director or city engineer in order to determine conformance with city requirements.
(Ord. 282 § 4.2(f), 1982).
16.16.080 Relationship to future development.
When a subdivider proposes to subdivide a portion of a larger parcel, he shall demonstrate in a master plan drawing how the proposed subdivision shall relate to the future development of the remainder of the parcel.
(Ord. 282 § 4.3, 1982).
16.16.090 Mobile home park conversions.
A. At the time of filing a tentative map, approval of which would result in the conversion of a mobile home park to another use, the subdivider shall also file a report on the impact of the conversion upon the displaced residents of the mobile home park to be converted. In determining the impact of the conversion on displaced mobile home park residents, the report shall address the availability of adequate replacement space in mobile home parks.
B. The subdivider shall mail a copy of the report to each resident of the mobile home park at least fifteen (15) days prior to the hearing on the map by the planning commission.
C. The planning commission may require the subdivider to mitigate any adverse impact of the conversion on the ability of displaced mobile home park residents to find adequate space in a mobile home park.
(Ord. 282 § 4.4, 1982).
16.16.100 Initial tentative map review-Adequacy and completeness.
The subdivider shall submit three (3) copies of the tentative map to the planning director for an initial review prior to filing the tentative map. Such tentative map and any accompanying materials shall include all information required to be set forth on the tentative map or included in an application for approval thereof. The director shall review the tentative map and accompanying materials for adequacy and completeness of the information submitted and in order to determine whether the application of which it is a part is for the correct permits and approvals. The initial submission of the tentative map, and the planning director's review, shall be deemed to be the submission of an application for purposes of subsection A of Section 17.02.090. Such Section 17.02.090 is incorporated herein by this reference, and shall govern such initial submission, the planning director's determinations with respect thereto, the applicant's appeal rights, and the other matters set forth in Section 17.02.090.
(Ord. 308 § 2, 1985: Ord. 282 § 4.5(a)-4.5(c), 1982).
16.16.110 Initial tentative map review-Meeting specified time limits.
A. At the time of initial review the planning director shall determine whether or not the city is able to meet the time limits specified in this title for reporting and acting on maps. If the planning director determines that the city will be unable to meet such time limits the planning director shall, upon request of the subdivider and for the purpose of meeting such time limits, contract or employ an entity or person on a temporary basis to perform such services as are necessary to permit the agency to meet such time limits. The subdivider shall pay fees in an amount necessary to defray costs attributable to performing services pursuant to this section.
B. Such entities or persons employed by the city may, pursuant to an agreement with the city, perform all functions necessary to process tentative, final and parcel maps and to comply with other requirements pursuant to the Subdivision Map Act or by this title, except those functions reserved in this title to the planning commission or city council.
C. The city need not enter into any such agreement if the planning director determines that no such qualified entity or person is available or the agency would be able to perform the necessary services in a more rapid fashion.
D. If the planning director determines that the city will be unable to meet such time limits and the subdivider does not request the contract or employment of a private entity or persons in accordance with subsection A, then the subdivider shall be deemed to have consented to an extension of time limits to a date reasonably determined by the planning director to be that which the city will be able to meet. Upon request of the subdivider, the planning director shall furnish the subdivider with his determination of the extended date before the subdivider must decide whether to request the employment of a private entity or persons.
(Ord. 308 § 3, 1985: Ord. 282 § 4.5(d), 1982).
16.16.120 Filing of tentative map.
When the tentative map and the application of which it is a part are determined to be otherwise complete in accordance with Sections 16.16.100 and 17.02.090 of this code, the subdivider shall submit to the planning director twenty (20) copies of the tentative map and a sepia, together with the fee required by the city council. Upon such submittal and the payment of the prescribed fee, the tentative map shall be deemed filed for purposes of Section 66452 of the Subdivision Map Act and the application shall be deemed complete for purposes of Sections 65940 et seq. of the Government Code.
(Ord. 308 § 4, 1985: Ord. 282 § 4.6, 1982).
16.16.130 Distribution and review.
When the tentative map is filed, the planning director shall transmit copies thereof for review as appropriate to: the city engineer, director of public safety, director of parks, beaches and recreation, persons in charge of cable television, sewer, and water operations, and representatives of Pacific Telephone and Telegraph Company, Pacific Gas and Electric Company, school districts having jurisdiction within the city, adjacent cities, the Department of Transportation of the state, the county health department, and such other public agencies as the planning director deems advisable. Upon such transmittal, the planning director shall advise each recipient that comments regarding the tentative map must be submitted to him within twenty (20) days of the date of transmittal.
(Ord. 282 § 4.7, 1982).
16.16.140 Reports of consultants.
The planning director may engage the services of certain consultants to include, but not be limited to the following: engineering geologist, soils engineer, landscape architect and seismologist. He may request the consultants to review the plans for the subdivision and to submit a written report. The subdivider shall be responsible for reimbursement of the city for any cost it incurs for use of any consultants.
(Ord. 282 § 4.8, 1982).
16.16.150 Notice of tentative map to school district.
A. Within ten (10) days of the filing of the tentative map the planning director shall send a notice of the filing of the map to the governing board of any school district within the boundaries of which the subdivision is proposed to be located.
B. Such notice shall contain information about the location of the proposed subdivision, the allowable number of units, density and other information which would be relevant to the district.
C. If the governing board of the district fails to respond within thirty (30) days of the date on which the notice was mailed to the school district for comment, such failure to respond shall be deemed approval of the proposed subdivision.
(Ord. 282 § 4.9, 1982).
16.16.160 Written reports.
When the review of the tentative map has been completed the planning director shall prepare a written report on the following:
A. The conformance of the proposed subdivision with the general plan of the city and any relevant specific plans which may have been adopted;
B. The conformance of the proposed subdivision to existing zoning for the area;
C. The design of lots, circulation facilities and other features with relation to the following:
1. Adopted city policies,
2. The character of the land and the general environment of the proposed subdivision,
3. Design standards of the city,
4. Numbering of lots and blocks,
5. Distances of existing buildings in relation to each other and lot lines,
6. Need for conservation easements,
7. Aesthetics of the subdivision and aesthetic relationships between the subdivision and surrounding area,
8. Adequacy of building sites and designation of those sites which will require special review when building permits are applied for,
9. Appropriateness of lot lines and street layout,
10. Driveway layouts,
11. Grading and drainage designs.
D. Other matters considered by the planning director to be appropriate.
(Ord. 282 § 4.10, 1982).
16.16.170 Review by city engineer.
A. When the review of the tentative map has been completed the city engineer shall submit a report on the following:
1. The improvements required under the provisions of this chapter;
2. Adequacy of easements and/or dedications required for public improvements, utilities and drainage;
3. Effect of the proposed subdivision and any proposed grading in connection therewith on development in the general area, adequacy of proposed methods of handling drainage and stormwater runoff proposed by the subdivider, necessary erosion control measures during and after grading;
4. Effects of the proposed subdivision on other public improvements under the jurisdiction of the city engineer;
5. Required improvement security for grading, maintenance or both;
6. Adequacy of water supply for domestic purposes and fire protection for the proposed subdivision;
7. Adequacy of the sewage disposal system proposed;
8. Adequacy of street alignments and grades.
B. The report shall be mailed to the subdivider not less than five (5) days prior to the hearing on the application, except if waived by the subdivider.
(Ord. 282 § 4.11, 1982).
16.16.180 Standard conditions of approval of tentative maps.
The following conditions are standard conditions of approval of all tentative maps. Unless specifically modified or waived pursuant to this title, such conditions shall apply to the approval of each tentative map. The planning commission, in approving any such map, shall require that such approval be subject to all standard conditions of approval as set forth in this section, except as specifically waived or modified. Such conditions shall be applicable to all tentative maps deemed approved, by operation of law, for failure to take formal action within the period required by law. The conditions are:
A. The city reserves the right to require the subdivider to provide easements for public utilities as needed.
B. Prior to recordation of the final map, an improvement plan for public improvements prepared by a registered civil engineer shall be submitted by the subdivider to the city for approval.
C. Prior to recordation of the final map, the subdivider shall submit to the city for approval a schedule of development.
D. Prior to the recordation of the final map, the subdivider shall enter into a master subdivision agreement with the city.
E. Prior to the recordation of the final map a final plan for the installation of streetlights shall be submitted by the subdivider for approval.
F. Prior to the recordation of the final map, the subdivider shall submit to the city for approval a landscape plan.
G. Prior to the recordation of the final map, the subdivider shall submit to the city an appraisal report which indicates the value of the improved land as a result of the subdivision to determine in-lieu fees.
H. Prior to the recordation of the final map the subdivider shall submit to the city a recreation fee based upon the formula set forth in Sections 16.24.010-16.24.070.
I. Prior to the issuance of any city building permit within the subdivision, a maintenance of landscaping agreement shall be signed by the subdivider for the maintenance of the proposed landscaping, which agreement shall run with the land and be binding upon successors in interest of the subdivider.
J. The city reserves the right to require full replacement of existing curb, gutter and sidewalk improvements along the frontage of the subdivision.
(Ord. 282 § 4.12, 1982).
16.16.190 Public hearing.
A. When the application is deemed complete, the planning director shall schedule a public hearing at which the tentative map shall be considered by the planning commission.
B. Not less than ten (10) days before the public hearing the planning director shall give notice of the time and place thereof and a general description of the location of the proposed subdivision by posting in at least three public places in the city.
C. Not less than ten (10) days prior to such hearing there shall be mailed, postage prepaid, a notice of the time and place of such hearing and a general description of the locale and the proposed subdivision to all persons whose names and addresses appear on the last equalized assessment roll as owning real property within three hundred (300) feet from the exterior boundaries of the proposed subdivision.
D. In the case of a proposed conversion of residential real property to a condominium project, community apartment project or stock cooperative project, said notice of the public hearing shall be given by United States mail to each tenant of the subject property. In addition to notice of the time and place of the public hearing, the notice shall include notification of the tenants' right to appear and be heard.
E. Fees may be collected from the subdivider for expenses incurred under this section.
F. The planning commission shall conduct a public hearing on the application for the tentative map.
(Ord. 282 § 4.13, 1982).
16.16.200 Action by planning commission-Completeness of environmental review.
The planning commission shall not approve a tentative map unless, with regard to the project for which tentative map approval is sought, it shall have determined pursuant to the California Environmental Quality Act (CEQA), or regulations promulgated thereunder:
A. That the project is exempt from CEQA;
B. That a negative declaration for the project shall have been certified;
C. That a final environmental impact report (EIR) for the project shall have been reviewed, considered and certified.
(Ord. 282 § 4.14(a), 1982).
16.16.210 Action by planning commission-Time limit.
A. Not later than fifty (50) days after the filing of the tentative map, the planning commission shall approve, conditionally approve, or disapprove it and shall report its actions to the subdivider unless the subdivider shall have authorized an extension for such action in writing.
B. If no action is taken upon the tentative map by the planning commission within said fifty (50) day time period, or any authorized extension thereof, the tentative map as filed shall be deemed to be approved insofar as it complies with other applicable requirements of the Subdivision Map Act, this title and city ordinances.
C. The planning commission may require the subdivider to waive the time limit specified in this section for the purpose of permitting concurrent processing of related approvals and/or environmental review on the same development project, or for other good cause.
D. If an environmental impact report (including a subsequent or supplemental environmental impact report) is prepared for the tentative map, the fifty (50) day period specified in this section shall not be applicable. In such event, the time period specified in the city's resolution implementing Section 21151.5 of the Public Resources Code concerning the California Environmental Quality Act shall apply, and the planning commission shall render its decision required by this section within forty-five (45) days after certification of the environmental impact report concerned.
(Ord. 308 § 5, 1985; Ord. 282 § 4.14(b), 1982).
16.16.220 Action by planning commission-Findings for approval.
After the conclusion of the public hearing the planning commission shall approve or conditionally approve the tentative map if it makes all of the following findings:
A. The tentative map, together with the provisions of its design and improvement is consistent with the general plan and any applicable specific plan. This subsection shall not be applicable to condominium projects or stock cooperatives which consist solely of the subdivision of airspace in an existing structure unless such general plan contains definite objectives and policies, specifically directed to the conversion of existing buildings into condominium projects or stock cooperatives.
B. The real property to be subdivided, and each lot or parcel to be created is of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, geologic hazard or other menace.
C. Each lot or parcel to be created will constitute a buildable site and will be capable of being developed in accordance with the applicable provisions of the zoning ordinance.
D. The site is physically suitable for the type and proposed density of development.
E. The design of the subdivision and improvements, and the type of improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, or to cause serious public health problems.
F. The design of the subdivision or type of improvements will not conflict with easement, acquired by the public at large, for access through, or use of, property within the proposed subdivision. The planning commission 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 only be applicable to easements of record or easements established by judgment in a court of competent jurisdiction.
(Ord. 282 § 4.14(c), 1982).
16.16.230 Action by planning commission-When disapproval of tentative map is required.
The planning commission shall deny approval of a tentative map if it makes any of the following findings:
A. That the tentative map is not consistent with the general plan or any applicable specific plan. This subsection shall not apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing structure where no new units are to be constructed or added, unless the general plan or applicable specific plans contain definite objectives and policies, specifically directed to the conversion of existing buildings into condominium projects or stock cooperatives;
B. That the design or improvement of the proposed subdivision is not consistent with the general plan or any applicable specific plan;
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 the types 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, and that no alternative easement for access or for use will be provided which will be substantially equivalent to ones previously acquired by the public.
(Ord. 282 § 4.14(d), 1982).
16.16.240 Action by planning commission-Technical map deficiencies.
Where a map fails to meet or perform any requirement imposed by the Subdivision Map Act or by this title, the planning commission may nevertheless approve the map if it finds that the failure of the map is the result of a technical or inadvertent error which, in its judgment, does not materially affect the validity of the map.
(Ord. 282 § 4.14(e), 1982).
16.16.250 Notification of commission action by planning director.
Notice of approval, denial or conditional approval shall be mailed to the subdivider by the planning director within ten (10) days of the action on the map.
(Ord. 282 § 4.15, 1982).
16.16.260 Withdrawal of tentative map.
A subdivider may withdraw the tentative map application by transmitting written notice of withdrawal to the planning director. No refund in filing fee for any such withdrawal shall be made.
(Ord. 282 § 4.16, 1982).
16.16.270 Time extensions of approved tentative maps.
An approved or conditionally approved tentative map shall expire twenty-four (24) months after its approval or conditional approval. The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map shall be filed without first processing an application for a new tentative map. Upon application by the subdivider to the planning director, filed prior to the expiration of the approved or conditionally approved tentative map, the time within which such map expires may be extended by the planning commission. No extension period shall exceed twelve (12) months.
(Ord. 282 § 4.17, 1982).
16.16.280 Amendment to tentative map.
A. An approved tentative map may be amended by filing an application in map form and in writing with the planning director.
B. An approved tentative map shall be amended when the planning commission determines:
1. On the advice of the city attorney, that the approved tentative map does not confer any vested rights in the subdivider which will be disturbed by the proposed amendment; and
2. That a reconsideration of the tentative map is desirable by reason of any one (1) or more of the following:
a. One (1) or more substantial errors or omissions are contained in the tentative map,
b. Substantial changes are proposed in the subdivision or in the development which it contemplates,
c. Substantial changes have occurred with respect to the circumstances (which may include the surrounding environment) under which the subdivision and the development which it contemplates are being undertaken,
d. New information, which was not known and could not reasonably have been known at the time the original tentative map was approved, becomes available, such information is material to the proposed subdivision, and such information renders reconsideration of the proposed subdivision or the development which it contemplates desirable,
e. The further subdivision of one (1) or more of the lots of parcels shown on the approved tentative map so impacts the whole of the original tract as to make a comprehensive and integrated reconsideration of the whole desirable;
3. The planning director shall initially make the determination called for by this subsection B in connection with his review, pursuant to Section 16.04.095, of the completeness of an application concerning the development contemplated by the approved tentative map. Such initial determination shall be subject to review by the planning commission at the time it considers the application or, if an appeal of the planning director's initial determination is filed in accordance with Sections 16.04.095 and 17.02.090, on appeal. The planning commission may adopt, modify or reject the initial determination of the planning director. The decision of the planning commission shall be subject to appeal to the city council, which may likewise adopt, modify or reject the planning commission's determination.
C. Upon the filing of an application in accordance with subsection A of this section, or a determination requiring amendment in accordance with subsection B of this section, the application and the amended tentative map:
1. Shall be processed in the same manner and subject to the same requirements and standards as an original application for a tentative map; and
2. Shall be deemed to have been filed for purposes of Section 66452 of the Subdivision Map Act on:
a. The date when the application of which the amended tentative map is a part is determined to be complete, or
b. When the final determination that the tentative map must be amended is made, whichever shall last occur.
(Ord. 308 § 6, 1985: Ord. 282 § 4.18, 1982).
16.16.290 Procedure for final parcel map and subdivision map.
The procedure for processing a final parcel map or subdivision map shall be as set forth in Chapter 16.20; provided, however, that the city engineer shall be responsible for approval, conditional approval or disapproval of final parcel maps, except that any offer of dedication in connection with a final parcel map shall be accepted or rejected by the city council.
(Ord. 282 § 4.19, 1982).
16.16.300 Action by planning director and city engineer upon receipt of final parcel map.
A. Upon receipt by the city engineer of the final parcel map and the other data submitted therewith, the city engineer and the planning director shall, within fifteen (15) days of the date of filing, examine the final parcel map to determine that the subdivision as shown thereon is substantially the same as it appeared on the tentative parcel map and that all provisions of the Subdivision Map Act and of this title which were applicable at the time of approval of the tentative parcel map have been complied with.
B. If the city engineer and the planning director determine that full conformity therewith has not been made, they shall advise the subdivider of the changes or additions that shall be made for such purpose.
C. If the city engineer and the planning director determine that full conformity therewith has been made, they shall so certify on the tracing of such map.
(Ord. 282 § 4.20, 1982).
16.16.310 Transmittal of approved final parcel map to county recorder.
After approval of a final parcel map, the city engineer shall transmit such map directly to the county recorder or title company.
(Ord. 282 § 4.21, 1982).
16.16.320 Correction and amendment of final map.
A. After a final map is filed in the office of the county recorder, it may be amended by a certificate of correction or an amending map:
1. To correct an error in any course or distance shown thereon; or
2. To show any course or distance that was omitted therefrom; or
3. To correct an error in the description of the real property shown on the map; or
4. To indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments; or
5. To show the proper location or character of any monument which has been changed in location or character which originally was shown at the wrong location or incorrectly as to its character; or
6. To correct any other type of map error or omission as approved by the city engineer which does not affect any property right. Such errors and omissions may include, but are not limited to, lot numbers, acreage, street names and identification of adjacent record maps.
B. As used in this section, "error" does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final map.
C. The amending map or certificate of correction shall be prepared and signed by a civil engineer or land surveyor registered in the state. An amending map shall conform to the requirements of Section 66434 of the Government Code. The amending map or certificate shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction or omission. The map shall be filed with the city engineer.
D. The amending map or certificate of correction certified by the city engineer shall be filed with the county recorder.
(Ord. 282 § 4.22, 1982).
Chapter 16.20 Sections:
16.20.010 Generally.
16.20.020 Form of final map-Reproduction process.
16.20.030 Form of final map-Size.
16.20.040 Form of final map-Scale.
16.20.050 Form of final map-Sheet numbering.
16.20.060 Form of final map-Subdivision identification.
16.20.070 Form of final map-Title sheet information.
16.20.080 Form of final map-Other information.
16.20.090 Multiple final maps.
16.20.100 Certificates-Generally.
16.20.110 Certificates-Consent of persons with property interests.
16.20.120 Certificates-Dedication.
16.20.130 Certificate-Engineer's.
16.20.140 Certificate-City engineer's.
16.20.150 Certificate-Planning director's.
16.20.160 Certificate-City clerk's.
16.20.170 Certificate-County recorder's.
16.20.180 Dedications required.
16.20.190 Survey requirements-Generally.
16.20.200 Survey requirements-Limits of error.
16.20.210 Survey requirements-Coordinate system.
16.20.220 Survey requirements-Streets and easements.
16.20.230 Survey requirements-Monuments.
16.20.240 Survey requirements-Lot corner and angle point markers.
16.20.250 Filing of the final map.
16.20.260 Review of final map by city engineer.
16.20.270 City council consideration and review of final maps.
16.20.280 Final map documents to be transmitted to city clerk.
16.20.290 Transmittal of final map to county officials.
16.20.300 Recording final map.
16.20.010 Generally.
The procedures set forth in this chapter shall govern with regard to final parcel maps and final subdivision maps.
(Ord. 282 § 5.1, 1982).
16.20.020 Form of final map-Reproduction process.
The final map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film, including certificates. If ink is used on polyester film, the ink surface shall be coated with a suitable substance to assure permanent legibility. In addition, a blue line cloth copy of the final map shall be submitted to the city. The map shall be so made and shall be in such condition when filed that clear legible prints and negatives can be made therefrom. The final map shall comply with all provisions of the Subdivision Map Act.
(Ord. 282 § 5.2(a), 1982).
16.20.030 Form of final map-Size.
The size of each sheet shall be eighteen (18) inches by twenty-six (26) inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one (1) inch.
(Ord. 282 § 5.2(b), 1982).
16.20.040 Form of final map-Scale.
The map shall be drawn according to an engineer's scale, and the scale of the map shall be one inch equals one hundred feet (1" = 100'), unless the city engineer and the planning director permit some other scale.
(Ord. 282 § 5.2(c), 1982).
16.20.050 Form of final map-Sheet numbering.
If more than one (1) sheet is used to show the area being subdivided, then the particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. When the final map consists of more than two (2) sheets, a key map showing the relation of the sheets shall be included on sheet numbered one (1).
(Ord. 282 § 5.2(d), 1982).
16.20.060 Form of final map-Subdivision identification.
The subdivision name and number, scale and north point shall be shown on each sheet.
(Ord. 282 § 5.2(e), 1982).
16.20.070 Form of final map-Title sheet information.
A. The title sheet shall be page number one (1) and shall contain the following information:
1. Title, comprising the subdivision name and number, followed by the words: "City of Brisbane, San Mateo County, California";
2. Below the title shall be a subtitle consisting of a general description of all the real property being subdivided by reference to recorded deeds or maps which have been previously recorded, or by reference to the plat of a United States survey;
3. References to tracts and subdivisions in the description, worded identically with original records, and with complete references to the book and page of record;
4. Affidavits, certificates, acknowledgments, endorsements, references to special reports, acceptances, dedications and notary seals required by law;
5. The basis of bearings used in the survey.
B. 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.
(Ord. 282 § 5.2(f), 1982).
16.20.080 Form of final map-Other information.
The final map shall also show clearly and legibly the following additional information:
A. Boundary. The boundary of the subdivision designated by a one-eighth (1/8) inch colored border applied on the reverse side of the tracing and inside the boundary line. Such border shall be of such density to be transferred to a blue line print, but shall not interfere with the legibility of any data.
B. Survey Data.
1. Stakes, monuments, or other evidences found on the ground to determine the boundaries of the subdivision;
2. Corners of all adjoining property identified by lot and block number, tract name, place of record, or by section, township and range, or other proper designation;
3. All information, data and monuments necessary to locate and retrace any and all exterior boundary lines, lot, parcel or block lines;
4. Bearings and distances of straight lines;
5. Radii, central angles, arc lengths and such additional information as may be necessary to determine the location of the center of curves and tangent points, plus bearings, tangent distances and radii, central angles and arc lengths of all lot lines;
6. The centerlines of all streets, if any, in and adjoining the subdivision, indicating all the permanent monuments found or placed and making reference to a map or field book wherever the city engineer has established such centerline. If any points were reset by ties, the source and detail or relocation data shall be stated.
C. Soils and Geologic Reports. When a soils report, a geologic report, or soils and geologic report have been prepared specifically for the subdivision, such fact shall be noted on the final map, together with the date of such report or reports, the name of the engineer making the soils report and geologist making the geologic report and the location in the city where the reports are on file.
D. Lots. 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 one-one hundredth ( 1/100) acre. 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 shall have the words: "Not a Public Street." Each block in its entirety shall be shown on one (1) 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. Lots shall be numbered in consecutive sequence beginning with the number one (1), with no omissions or duplications throughout the subdivision. The numbers shall be solid and of sufficient size and thickness to stand out, shall be raised so as not to obliterate any figure and shall not be enclosed in any design.
E. Rights-of-way. The location of rights-of-way, the names of streets, the total width of each street and sidewalk, and the width on each side of the centerline, the width of the portion of the street and sidewalk being dedicated, and the width of the existing dedication, if any, within the subdivision.
F. Other Rights-of-way. The location and widths of any other rights-of-way within the subdivision.
G. Easements. The side lines of all easements, public and private, to which the lots are subject. Each easement must be clearly labeled and identified as to nature and purpose and, if already of record, its recorded reference 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 dotted 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 lines. The width of the easement and the lengths and bearings of the lines thereof, and sufficient ties thereto to definitely locate the easement with respect to the subdivision shall be shown.
H. Utilities. The locations and widths of utilities rights-of-way within the subdivision, indicating the name and type of utility.
I. Access. Any limitations on the right of access to and from streets, lots and other parcels of land. The location and widths of any nonaccess strips to reserve strips shall not be shown.
J. City Boundaries. All city boundaries crossing or adjoining the subdivision clearly designated and located.
(Ord. 282 § 5.2(g), 1982).
16.20.090 Multiple final maps.
A. Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if:
1. The subdivider, at the time the tentative map is filed pursuant to Section 16.16.120, notifies the planning director and the planning commission, in the subdivider's written application, of the subdivider's intention to file multiple final maps on such tentative map; or
2. After filing of the tentative map, the planning commission by resolution, and the subdivider in writing, concur in the filing of multiple final maps.
B. In providing such notice, the subdivider shall not be required to define the number or configuration of the proposed multiple final maps.
C. The filing of a final map on a portion of an approved or conditionally approved tentative map shall not validate any part of such tentative map.
D. The right of the subdivider to file multiple final maps shall not limit the authority of the city to impose reasonable conditions relating to the filing of multiple final maps.
(Ord. 308 § 7, 1985: Ord. 282 § 5.3, 1982).
16.20.100 Certificates-Generally.
Subject to the requirements and limitations of the Subdivision Map Act, the certificates set forth in Sections 16.20.110 through 16.20.170 shall appear on the final map.
(Ord. 282 § 5.4 (part), 1982)
16.20.110 Certificates-Consent of persons with property interests.
A certificate, signed and acknowledged by all parties having any record title interest in the real property being subdivided, consenting to the preparation and recordation of the final map, is required except as follows:
A. Neither a lien for state, county, municipal, or local taxes, nor for special assessments, nor a trust interest under bond indentures, nor mechanics' liens constitute a record title interest in land for purposes of this title.
B. The signature of either the holder of beneficial interest under trust deeds or the trustee under such trust deeds, but not both, may be omitted. The signature of either shall constitute a full and complete subordination of the lien of the deed of trust to the map and any interest created by the map.
C. Signatures of parties owning the following types of interests may be omitted if their names and the nature of their respective interests are stated on the final map:
1. Rights-of-way, easements or other interests which cannot ripen into a fee, except those owned by a public utility or public entity;
2. Rights-of-way, easements or reversions, which by reason of changed conditions, long disuse or laches appear to be no longer of practical use or value and signatures are impossible or impractical to obtain. A statement of the circumstances preventing the procurement of the signatures shall also be stated on the map;
3. Interests in or rights to minerals, including but not limited to oil, gas or other hydrocarbon substances.
D. Real property originally patented by the United States or by the state, which original patent reserved interest to either or both such entities, may be included in the final map without the consent of the United States or the state thereto, or to dedications made thereon.
(Ord. 282 § 5.4(a), 1982).
16.20.120 Certificates-Dedication.
A certificate signed and acknowledged as in Section 16.20.110 is required offering for dedication for public use any streets required to serve the subdivision and any other parcels of land or easements which the subdivider desires or is required to dedicate, subject to such reservation as may be contained in any such offer. An offer of dedication for street or highway purposes may include a waiver of direct access to any such street or highway from any property shown on the final map as abutting thereon.
(Ord. 282 § 5.4(b), 1982).
16.20.130 Certificate-Engineer's.
A certificate by the civil engineer or land surveyor responsible for the survey and final map is required, giving the date of the survey and stating that the survey was made by him or under his direction, and that the survey is true and complete, as shown. The certificate shall also state that the monuments are of the character noted and occupy the positions indicated, or that they will be set in such positions at such time as agreed upon, and that the monuments are or will be sufficient to enable the survey to be retraced. The signature of the civil engineer or land surveyor, unless accompanied by his seal, must be attested.
(Ord. 282 § 5.4(c), 1982).
16.20.140 Certificate-City engineer's.
A certificate for execution by the city engineer is required stating that:
A. He has examined the map;
B. The subdivision as shown is substantially the same as it appeared on the approved tentative tract map or tentative parcel map, and any approved alteration thereof;
C. All conditions of approval have been met or are guaranteed to be met;
D. That all provisions of the Subdivision Map Act and this title applicable at the time of approval of the tentative map have been complied with;
E. He is satisfied that the map is technically correct.
(Ord. 282 § 5.4(d), 1982).
16.20.150 Certificate-Planning director's.
A certificate for execution by the planning director is required stating that the map has been examined and conforms to the approved tentative map and conditions thereof.
(Ord. 282 § 5.4(e), 1982).
16.20.160 Certificate-City clerk's.
In the case of a final map, a certificate for execution by the city clerk is required, stating that the city council has found the final map to conform substantially with the approved tentative map, has approved the final map, and accepted or rejected on behalf of the public any parcels of land offered for dedication for public use in conformity with the terms of the offer of dedication.
(Ord. 282 § 5.4(f), 1982).
16.20.170 Certificate-County recorder's.
A certificate for execution by the county recorder is required stating that the map has been recorded in the official records of the county.
(Ord. 282 § 5.4(g), 1982).
16.20.180 Dedications required.
Any parcel or easements on land shown on any final map and intended for general public use shall be offered for dedication for public use prior to the approval of the final map. Such dedication shall be made on the map or, in the case of a parcel map, by separate instrument, which instrument shall be recorded. Parcels or easements not to be offered for sale or reserved, or both, for the exclusive use of lot owners in the subdivision, their licensees, visitors, tenants and servants, or intended for other specific uses, shall be so designated.
(Ord. 282 § 5.5, 1982).
16.20.190 Survey requirements-Generally.
A complete and accurate survey of the land to be subdivided shall be made by a civil engineer or land surveyor in accordance with the standard practices and principles of land surveying.
(Ord. 282 § 5.6(a), 1982).
16.20.200 Survey requirements-Limits of error.
The traverse of the exterior boundaries of the subdivision, and of each block when computed from field measurements of the ground, must close within a limit of error of one (1) foot to ten thousand (10,000) feet of perimeter before balancing survey.
(Ord. 282 § 5.6(b), 1982).
16.20.210 Survey requirements-Coordinate system.
Wherever the city engineer has established a system of coordinates, the survey shall be tied into such system.
(Ord. 282 § 5.6(c), 1982).
16.20.220 Survey requirements-Streets and easements.
All monuments, property lines, centerlines of streets and easements adjoining or within the subdivision shall be tied into the survey.
(Ord. 282 § 5.6(d), 1982).
16.20.230 Survey requirements-Monuments.
A. Placement. In making the survey of the subdivision, the surveyor 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 (500) feet and shall be placed at the angle points on the exterior boundary lines of the subdivision, at the intersections of centerlines of streets, and at the beginnings and ends of curves on the 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 from each other. The monuments in the street areas shall be set so that tops are at least seven and one-half (7-1/2) inches below the top of finished pavement grade and enclosed in cast iron receptacles, with cast iron covers of a type acceptable to the city engineer. The receptacles shall be set flush with the top of the finished pavement grade and supported independently of the monument. Monuments at other locations shall not be placed until all grading is complete.
B. Timing of Placement. Monuments and benchmarks may be set after approval of the final map, but not later than the time of completion of subdivision improvements, if any. If the monuments are set after approval of the final map, a cash deposit or approved bond in an amount established by the city engineer shall be posted with the city clerk, guaranteeing such work. The engineer or surveyor shall certify to the city engineer that said monuments are complete. All monuments and their location shall be subject to inspection and approval by the city engineer.
C. Size and Materials. Monuments shall be either galvanized iron pipe, not less than two (2) inches in diameter and thirty-six (36) inches long; or reinforced concrete posts six (6) inches by six (6) inches in cross-section or six (6) inches in diameter and thirty (30) inches long, or an equally durable alternative approved by the city engineer. All monuments shall have a copper plate or disc 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 center. The registration or license number of the engineer or surveyor shall be stamped on the copper plate or disc.
D. Setting of Benchmarks. Permanent elevation benchmarks, of a type approved by the city engineer referring to the city datum or to mean sea level datum as established by the United States Coast and Geodetic Survey shall be set in the amount and locations satisfactory to the city engineer.
E. Replacement of Monuments and Benchmarks. Any monuments or benchmarks, required by this chapter, which are disturbed or destroyed before acceptance of all improvements shall be replaced by the subdivider.
(Ord. 282 § 5.6(e), 1982).
16.20.240 Survey requirements-Lot corner and angle point markers.
Lot corner and angle point markers shall be galvanized pipe or pin, not less than one (1) inch in diameter and twenty-four (24) inches long. They 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 civil engineer or surveyor shall be stamped in 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.
(Ord. 282 § 5.6(f), 1982).
16.20.250 Filing of the final map.
Upon the filing of the final map, the subdivider shall pay the required fee and post the required deposit with the city and shall submit to the city engineer the following information and materials:
A. Three (3) complete sets of blue line or black and white prints of the final map of the subdivision for checking;
B. A traverse sheet in a form approved by the city engineer giving latitudes, departures and coordinates, and showing the mathematical closure and area calculations;
C. Complete field notes, in a form satisfactory to the city engineer, showing references, ties, locations, elevations and other necessary data relating to monuments and benchmarks set in accordance with the requirements of this chapter shall be submitted to the city engineer and retained by the city as a permanent record;
D. A statement that all improvements have been completed in accordance with the plans and specifications as approved by the city engineer, or that the subdivider intends to install such improvements and will enter into agreements and post improvement security as required by this title;
E. Verification that all conditions of approval of the tentative map have been met or guaranteed to be met;
F. If the plans, profiles, cross-sections, and specifications, estimates and design calculations, such as storm drain runoff, have not been previously submitted and approved by the city engineer, the subdivider shall submit three (3) complete sets thereof, including one (1) copy of the specifications, estimates and design calculations;
G. Three (3) copies of conditions, covenants and restrictions, if any;
H. Letters from all public utilities indicating the adequacy and location of the public utility easements.
(Ord. 282 § 5.7, 1982).
16.20.260 Review of final map by city engineer.
A. The city engineer shall review the final map for the following:
1. Sufficiency of affidavits and acknowledgments;
2. Correctness of survey data, mathematical data and computations;
3. Compliance with the provisions of the Subdivision Map Act and this title;
4. Sufficiency and adequacy of public utility easements as evidenced by certification of such easements by the affected private utilities or public agencies.
B. One (1) copy of the final map shall be returned to the subdivider with notations as to errors or omissions or a statement by the city engineer for transmittal to the city council and city clerk with the original tracings and a complete set of blue line prints on cloth with legible original signatures on both the tracings and the prints. 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 city engineer shall certify his approval on the original tracing and blue line cloth print of the map.
(Ord. 282 § 5.8, 1982).
16.20.270 City council consideration and review of final maps.
A. After the final map has been checked and approved as provided above, and when all certificates, except for the approval certificate of the city clerk appearing on the final map have been signed and, where necessary, acknowledged, the city engineer shall transmit the final map to the city clerk for action by the city council.
B. The city council shall within a period of ten (10) days after the filing of the final map for approval, or at its next regular meeting, approve the final map if the map meets the requirements and conditions which were applicable to the subdivision at the time of the approval of the tentative map imposed by the Subdivision Map Act and by this title. The foregoing time limit may be extended by mutual consent of the city council and the subdivider.
C. The city council shall not approve the final map unless it finds that the proposed subdivision, together with the provisions for its design and improvement is consistent with the general plan of the city or any applicable specific plan. The city council shall deny approval of the final map if it makes any of the findings set forth in Section 16.16.230. Any such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed.
D. Concurrently with the approval of the final map the city council shall accept or reject such offers of dedication as it deems advisable. As a condition precedent to the acceptance of any roads or streets, pedestrianways, drainage channels, easements and other rights-of-way, the city council shall require the subdivider, at his option, to either improve, or in writing agree to improve the streets, pedestrianways, drainage channels, easements and other rights-of-way in the subdivision. The agreement shall be accompanied by adequate security to secure performance.
E. The city council shall not approve the final map for subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project unless it finds all of the following:
1. Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has received, pursuant to Section 66452.9 of the Government Code, written notification of intention to convert at least sixty (60) days prior to the filing of a tentative map pursuant to Section 66542 of the Government Code. There shall be a further finding that each such tenant, and each person applying for the rental of a unit in such residential real property, has, or will have, received all applicable notices and rights now or hereafter required by this title or Sections 66451 through 66469 of the Government Code. In addition, a finding shall be made that each tenant has received ten (10) days' written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, and that such report will be available on request. The written notices to tenants required by this subdivision shall be deemed satisfied if such notices comply with the legal requirements for service by mail.
2. Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given written notification within ten (10) days of approval of a final map for the proposed conversion.
3. Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given one hundred eighty (180) days' written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. The provisions of this subdivision shall not 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 the obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code.
4. Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The 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 Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right.
5. This section and Section 16.20.280 shall not diminish, limit or expand, other than as provided in these sections, the authority of any city, county, or city and county to approve or disapprove condominium projects.
(Ord. 282 § 5.9(a), 1982).
16.20.280 Final map documents to be transmitted to city clerk.
The documents listed in this section shall be transmitted to the city clerk at the time the final map is transmitted for action by the city council.
A. Certificate Regarding Tax Lien. Prior to the filing of the final map with the city council, the subdivider shall file the certificates and documents set forth in Sections 66492 through 66494, inclusive, of the Government Code, or any amendments thereto, relating to taxes, assessments and liens.
B. Improvement Agreement. In the event that the improvements required under this chapter have not been installed to the satisfaction of the city engineer at the time of the filing of the final map, the subdivider shall execute and file with the city clerk an agreement between himself and the city providing that within a specific period to be determined by the city engineer he shall construct to completion all improvements and work in accordance with plans on file with and to the satisfaction of the city engineer. Such agreement shall require the subdivider to be responsible for control of erosion on the site of the subdivision and to prevent its entry into the storm drainage system. The subdivider shall submit to the city engineer a plan for such erosion control prior to the consideration of the final map. The improvement agreement shall also prescribe that the subdivider shall repair any damage to a public road, street and any other public or private property or improvement which results from or is incidental to the construction of improvements in the subdivision, or that, in lieu of making such repairs, the subdivider shall pay to the owner or the city the full cost thereof. The subdivider shall file with the city clerk, at the same time, a performance bond or other improvement security as required pursuant to Chapter 16.28.
C. Title Guarantee. The subdivider shall furnish a guarantee of title or a letter from a competent title company certifying that the signatures of all persons whose consent is necessary to pass a clear title to the land being subdivided and all acknowledgments thereto appear on the proper certificates and are correctly shown on the map, both as to the consents to the making of such map and the affidavits of dedication, where necessary. Such guarantees shall be issued for the benefit of the city and shall continue to be in effect up to the time of recordation of the map.
D. Deeds. The subdivider shall furnish grant deeds for any land or easements required as part of the subdivision which are not shown on the final map.
(Ord. 282 § 5.9(b), 1982).
16.20.290 Transmittal of final map to county officials.
Subsequent to the approval of the final map by the city council, the city clerk or a designated representative thereof shall transmit the final tract map to the county recorder.
(Ord. 282 § 5.10, 1982).
16.20.300 Recording final map.
A. The city clerk shall present to the county recorder evidence that upon the date of recording, the public records show that the parties consenting to such recording are all of the parties having record title interest in the subdivision whose signatures are required pursuant to the Subdivision Map Act and this chapter. There shall be filed with the county for recording, the original tracings and one (1) complete set of blue line prints on cloth showing all certificates, affidavits and original signatures. All recording fees shall be paid by the subdivider.
B. After recording, two (2) sets of blue line or black line prints on cloth and one (1) set of reproducible tracing on mylar shall be procured for the city and shall be paid for by the subdivider. In addition, two (2) copies of such recorded conditions, covenants and restrictions as the subdivider may have caused to have been recorded shall be included with the sets of blue or black line prints.
(Ord. 282 § 5.11, 1982).
Chapter 16.24 Sections:
16.24.010 Dedication of land for park and recreational purposes.
16.24.020 Amounts of area to be dedicated.
16.24.030 Dedication-Payment of fees in lieu.
16.24.040 Dedication-Amount of fee in lieu.
16.24.050 Dedication-Credit for private open space.
16.24.060 Dedication-Timing of determination and payment.
16.24.070 Exemptions.
16.24.080 Bay access.
16.24.090 Passive or natural heating and cooling.
16.24.010 Dedication of land for park and recreational purposes.
The subdivider shall provide for adequate and appropriate recreational facilities for the subdivision by the dedication of land in the subdivision or by the payment of fees in lieu thereof, in accordance with the conditions and requirements of this section; provided, however, that the requirements of this section may be satisfied by a development agreement between the subdivider and city council.
(Ord. 282 § 6.1(part), 1982).
16.24.020 Amounts of area to be dedicated.
Where there are fifty (50) or more lots to be established in the subdivision, and where land therein can be properly located for public recreational facilities in accordance with the general plan, the subdivider shall dedicate an area for such purposes on the basis of two (2) acres dedicated for each fifty (50) acres within the subdivision to be developed.
(Ord. 282 § 6.1(a), 1982).
16.24.030 Dedication-Payment of fees in lieu.
Where there are less than fifty (50) lots in the subdivision, or where the subdivision is of fifty (50) lots or more but land within the subdivision cannot be located on a part of the subdivision as outlined in the general plan, the subdivider shall, in lieu of dedication of land, pay a fee in a sum equivalent to the following formula: Average number in household times recreational standard (4.50 acres per 1,000 population) times fair market value equals amount to be paid per family unit. Minimum requirements per household unit shall be as follows:
A. Single-family and duplex areas: Three (3) times 0.0045 times fair market value;
B. Multiple-family areas: Two and one-half (2-1/2) times 0.0045 times fair market value.
(Ord. 282 § 6.1(b), 1982).
16.24.040 Dedication-Amount of fee in lieu.
Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based upon fair market value of the amount of land which would otherwise be required to be dedicated pursuant to Section 16.24.030. The fair market value shall be determined by the planning director at the time of the filing of the tentative map; provided, however, that the city council may by resolution establish a fee per dwelling unit to be constructed based upon an estimate of current land values of residential property within the city, and such fee shall be determinative of the fee to be paid by the subdivider in lieu of dedication pursuant to this section.
(Ord. 282 § 6.1(c), 1982).
16.24.050 Dedication-Credit for private open space.
A. Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is proposed to be privately owned and maintained by the future residents thereof, credit may be given against the requirement of land dedication or payment of fees in lieu of dedication pursuant to Sections 16.24.010 through 16.24.070, provided:
1. That yards, court yards, setbacks and other open areas required to be maintained by the zoning and building ordinances shall not be included in the computation of such private open space; and
2. That the private ownership and maintenance of the open space is adequately provided by recorded written agreement, conveyance or restrictions; and
3. That the use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of the property and cannot be defeated or eliminated without the consent of the city; and
4. That the proposed private open space is reasonably adapted for use for park and recreational purposes taking into consideration such factors as size, shape, topography, geography, access and location; and
5. That facilities proposed for the open space are in substantial accordance with the provisions of the general plan; and
6. That the open space for which credit is given is a minimum of three (3) acres and provides all of the local park basic elements listed below:
a. Children's play apparatus area,
b. Landscape park-like and quiet areas,
c. Family picnic area,
d. Game court area,
e. Turf playfield.
B. Before credit is given, the agency shall make written findings that the standards of this section are met.
(Ord. 282 § 6.1(d), 1982).
16.24.060 Dedication-Timing of determination and payment.
A. At the time of approval of the tentative map, the approving agency shall determine pursuant to Sections 16.24.020 and 16.24.030 the land to be dedicated and/or the fees to be paid by the subdivider. At the time of filing of the final map or final parcel map, the subdivider shall dedicate the land or pay the fees as previously determined, except as provided in Section 16.24.070.
B. Open space covenants for private park or recreational facilities shall be submitted to the city upon the filing of the final subdivision or parcel map and shall be recorded contemporaneously with such map.
C. At the time of approval of the final map, the approving agency of the final map shall specify when development of the park and recreational facilities shall be commenced.
(Ord. 282 § 6.1(e), 1982).
16.24.070 Exemptions.
The provisions of Sections 16.24.010 through 16.24.060 shall not apply to:
A. Subdivisions containing less than five (5) parcels; provided, however, that a condition of approval may be attached to the approval of a parcel map that if a building permit is requested for construction of a residential structure or structures on one (1) or more of the parcels within four (4) years, the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit;
B. Condominium projects or stock cooperatives which consist of the division of airspace in an existing apartment building which is more than five (5) years old when no dwelling units are added;
C. Parcel maps for a division containing less than five (5) parcels for a shopping center containing more than three hundred thousand (300,000) square feet of gross leasable area and no residential development or uses.
(Ord. 282 § 6.1(f), 1982).
16.24.080 Bay access.
A. No tentative or final subdivision or parcel map of any subdivision fronting upon the shoreline of San Francisco Bay shall be approved unless the subdivision provides or has available reasonable public access by fee or easement from public highways to land below the ordinary high water mark within or at a reasonable distance from the subdivision.
B. Any public access route or routes provided by the subdivider shall be expressly designated on the tentative or final map, and such map shall expressly designate the governmental entity to which such route or routes are dedicated.
C. Reasonable public access shall be determined by the planning commission.
D. In making the determination at what shall be reasonable public access, the planning commission shall consider:
1. That access may be by highway, foot trail, bike trail, horse trail, or any other means of travel;
2. The size of the subdivision;
3. The type of shoreline and appropriate public use;
4. The likelihood of trespass on private property and reasonable means of avoiding such trespass.
(Ord. 282 § 6.2, 1982).
16.24.090 Passive or natural heating and cooling.
A. The design of a subdivision for which a tentative map is required shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.
B. Examples of passive or natural heating and cooling opportunities in subdivision design include design of lot size configuration to permit orientation of a structure in an east-west alignment for southern exposure and to take advantage of shade or prevailing breezes.
C. In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be subdivided, and to other design and improvement requirements. Such provision shall not be imposed so as to result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure under the zoning ordinance as applicable at the time of filing of the tentative map.
D. The requirements of this section do not apply to condominium projects which consist of the subdivision of airspace in an existing building when no new structures are added.
E. For the purposes of this section, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
(Ord. 282 § 6.3, 1982).
Chapter 16.28 Sections:
16.28.010 Types of improvement security.
16.28.020 Recordation of contract or security interest.
16.28.030 Release or subordination of lien or security interest.
16.28.040 Faithful performance bond-Form.
16.28.050 Labor and materials bond-Form.
16.28.060 Amount of security.
16.28.070 Release of improvement security.
16.28.080 Obligation subject to approval of other agencies.
16.28.010 Types of improvement security.
Improvement security required of a subdivider pursuant to this title shall be one of the following, as determined by and subject to the approval of the city engineer:
A. A performance bond, substantially in the form set forth in Section 16.28.040 of this chapter, and a labor and material bond, substantially in the form set forth in Section 16.28.050 of this chapter, issued by one (1) or more corporate sureties duly authorized to transact business in the state.
B. A deposit held by the city in cash or, if accepted by the city engineer, negotiable bonds of the kind approved for securing deposits of public moneys.
C. An instrument of credit from one (1) or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or an irrevocable and unconditional letter of credit issued by such a financial institution.
D. A lien upon the property to be divided, created by deed of trust or other security instrument acceptable to the city engineer.
(Ord. 410 § 1, 1997: Ord. 282 § 7.1, 1982).
16.28.020 Recordation of contract or security interest.
Any written contract or security interest in real property entered into as security for performance pursuant to Section 16.28.010 shall be recorded with the county recorder.
(Ord. 282 § 7.2, 1982).
16.28.030 Release or subordination of lien or security interest.
The city engineer shall have the authority to release all or any portion of the property subject to any lien or security interest created pursuant to this chapter, or to subordinate such lien or security interest to other liens or encumbrances if he determines that security for performance is sufficiently secured by a lien on other property or that the release or subordination of the lien will not jeopardize the completion of agreed-upon improvements.
(Ord. 282 § 7.3, 1982).
16.28.040 Faithful performance bond-Form.
A bond or bonds by one or more duly authorized corporate sureties to secure the faithful performance of any agreement shall be in substantially the following form:
WHEREAS, the City Council of the City of Brisbane, State of California, and ________, hereinafter designated as "principal", have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated ________, 19________, and identified as project ________ , is hereby referred to and made a part hereof; and
WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the principal and ________, as surety, are held and firmly bound unto the city of Brisbane, hereinafter called "City", in the penal sum of ________DOLLARS ($________ ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bound principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Brisbane, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms and agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specification.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named on ________, 19________.
Appropriate modifications shall be made in such form if the bond is being furnished for the performance of an act not provided for by this agreement.
(Ord. 282 § 7.4, 1982).
16.28.050 Labor and materials bond-Form.
A bond or bonds by one or more duly authorized corporate sureties for the security of laborers and materialmen shall be in substantially the following form:
WHEREAS, the City Council of the City of Brisbane, State of California, and ________, hereinafter designated as "principal", have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated ________, 19________, and identified as project ________ is hereby referred to and made a part hereof; and
WHEREAS, under the terms of said agreement principal is required before entering upon the performance of the work, to file a good and sufficient bond with the
City of Brisbane to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Brisbane and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of DOLLARS ________ ($________ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on ________, 19________.
(Ord. 282 § 7.5, 1982).
16.28.060 Amount of security.
The security to be provided by the subdivider pursuant to this chapter shall be in the following amounts:
A. An amount equal to one hundred percent (100%) of the total estimated cost of the improvement or of the act to be performed, as determined by the city engineer, securing the faithful performance of the act or agreement; and
B. An amount equal to one hundred percent (100%) of the total estimated cost of the improvement or of the act to be performed, as determined by the city engineer, securing payment to the contractor, the subcontractors, and persons furnishing labor, materials, or equipment for the improvement or the performance of the required act.
C. As part of the obligation guaranteed by the security and in addition to the face amount of the security as required under subsections A and B of this section, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the city in successfully enforcing the obligations secured.
DEFINITIONS
TENTATIVE AND FINAL PARCEL MAPS AND SUBDIVISION MAPS-WHERE REQUIRED
TENTATIVE MAP PROCEDURES
FINAL MAP PROCEDURES
PARK IMPROVEMENTS-BAY ACCESS-NATURAL HEATING AND COOLING
IMPROVEMENT SECURITY