HomeMy WebLinkAboutOrdinance 1787 (Subdivision Ordinance)CLEWS CERTIFICATE
I, JEANNE M. LEONCI I, Clem of the City of San Rafael, and Ex -officio Clerk of the
Council of said City, do hereby certify that the 'regoing Charter Ordinance No. 1787 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL
MUNICIPAL CODE Ti CLE 15 —SUBDIVISIONS (SUBDIVISION ORDINANCE)
(P02-02)"
is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 5th day of August. 2002, a
SUMMARY of Ordinance No. 1787 was published as required by City Charter in the MARIN
INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and
adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City
held on the 19th day of August, 2002, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
seal of the City of San Rafael this
21st day of August, 2002
. (Seal)
JEA_ E M. LEONCIl�]I, City Clerk
ORDINANCE NO. 1787
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL
MUNICIPAL CODE TITLE 15 — SUBDIVISIONS (SUBDIVISION ORDINANCE)
(P02-02)
WHEREAS, the San Rafael General Plan 2000 recommends that San Rafael
Municipal Code Title 15 — Subdivisions, commonly referred to as the Subdivision
Ordinance, be updated in order to address current City policies and provisions and to
address the current regulations of the State of California Subdivision Map Act (Map Act);
and
WHEREAS, in 2001, City staff initiated the preparation of a comprehensive
update to Subdivision Ordinance, which included input and participation from pertinent
City departments and the City Attorney's Office; and
WHEREAS, in June 2002, a draft update of the Subdivision Ordinance was
prepared, which proposes: a) a new format; b) a reorganization and consolidation of
existing chapters; c) incorporation of provisions and regulations which have been
historically implemented by the City, but are not contained in the current subdivision
ordinance; d) deletion of obsolete provisions and regulations; and e) the incorporation of
fundamental provisions and regulations of the Map Act. This draft ordinance would
replace, in its entirety, the current Title 15 provisions; and
WHEREAS, upon review of the draft ordinance, it was determined that the
amendments do not propose any changes to City policies or regulations that would result
in a direct or indirect environmental impact. As a result, it has been determined that this
project is covered by the general rule that the California Environmental Quality Act
(CEQA) applies only to projects which have the potential for causing a significant effect
on the environment pursuant to CEQA Guidelines Section 15061(b)(3), and is not subject
to environmental review; and
WHEREAS, on July 9, 2002, the Planning Commission held a duly -noticed
public hearing on the draft Subdivision Ordinance dated June 1, 2002, accepting all
public testimony and the written report of the Department of Community Development.
On a 5-0-2 (Atchison and Batman absent) vote, the Planning Commission adopted
Resolution No. 02-37, recommending to the City Council approval of the ordinance
revisions; and
WHEREAS, on August 5, 2002, the City Council held a public hearing and
accepted all oral and written public testimony and the written report of the Department of
Community Development.
WHEREAS, amendment of the Subdivision Ordinance of the City of San Rafael,
California, Title 15 - Subdivisions of the San Rafael Municipal Code is based on the
following findings:
1. The proposed amendments to Title 15 -- Subdivisions are consistent with the San
Rafael General Plan 2000 in that they would implement General Plan Programs
LU -d (Subdivision Ordinance), NE -b (Private Open Space), NE -e (Water Quality)
and S-1 (Erosion Control) by incorporating or updating provisions and regulations
that would: a) control grading and erosion control; and b) protect water quality
and private open space. In addition, the proposed amendments would be
consistent with and implement General Plan Program H -o (Condominium
Conversions) by updating the condominium conversion provisions and
regulations so that they are consistent with the provisions of the Subdivision Map
Act.
2. The public health, safety and general welfare are served by the adoption of the
proposed ordinance update, in that it would: a) incorporate or update provisions
and regulations to control erosion, protect water quality and open space; b) delete
obsolete provisions and regulations; c) eliminate internal inconsistencies between
the provisions and regulations of Title 15 and the other titles and sections of the
San Rafael Municipal Code; and d) incorporate fundamental provisions of the
Subdivision Map Act that should be included in a local subdivision ordinance.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN
AS FOLLOWS:
DIVISION 1. San Rafael Municipal Code Title 15 — Subdivisions is hereby
amended to read in its entirety as follows:
Title 15
SUBDIVISIONS
Chapters:
15.01
General Provisions
15.02
Major Subdivisions (five lots or more)
15.03
Minor Subdivisions (four lots or fewer)
15.04
Vesting Tentative Map
15.05
Lot Line Adjustments and Consolidations
15.06
Subdivision Design Standards and Miscellaneous Requirements
15.07
Standards for Hillside Subdivisions
15.08
Dedications and Reservations
15.09
Park Dedication and In -lieu Fees
15.10
Easements and Restrictions
15.11
Subdivision Improvements and Securities
15.12
Condominiums
15.13
Reversion to Acreage
15.14
Certificates of Compliance
15.15
Merger of Substandard Lots
15.16
Violations and Enforcement
15.17
Corrections, Amendments and Modifications
15.18
Definitions
3
Chapter 15.01
General Provisions
Sections:
15.01.010
Citation.
15.01.020
Purpose.
15.01.030
Applicability.
15.01.040
Interpretation.
15.01.050
Conformance with City Plans, Ordinances and Environmental
15.01.110
Guidelines.
15.01.060
Conformance with Provisions of Subdivision Map Act
15.01.070
Authority.
15.01.080
Maps Required.
15.01.090
Deadlines for Processing and Act on Map Applications
15.01.100
Notification to Local School District.
15.01.110
Concurrent Processing of Related Development Applications.
15.01.120
Exceptions.
15.01.130
Time Limits for Approvals and Extensions.
15.01.140
Appeals.
15.01.010 Citation.
This title shall be known and cited as the Subdivision Ordinance of the City of
San Rafael.
15.01.020 Purpose.
The purpose of this title is to provide subdivision regulations for the City of San
Rafael and to supplement the provisions of the State of California Government Code
Sections 66410 et seq., referred to in this title as the Subdivision Map Act. The
regulations of this title are necessary to preserve the public health, safety and general
welfare, to promote orderly growth, to provide protection of environmental resources and
to ensure provision for adequate utilities, services and traffic circulation when
considering matters and actions subject to this title.
15.01.030 Applicability.
This title applies as follows:
(a) It is unlawful for any person, whether as principal, agent, or otherwise to
offer to sell, to contract to sell, or to sell any subdivision of land or any part thereof in the
City of San Rafael, unless and until all the requirements provided in this title have been
complied with.
(b) The provisions of this title apply to all land within the City of San Rafael
corporate limits and to all unincorporated lands that are proposed to be annexed to the
City as part of or subsequent to a pre -zoning action.
(c) Certain activities and actions are exempt or excluded from the provisions
of this title, as provided for in the Subdivision Map Act.
15.01.040 Interpretation.
The provisions of this title shall be held to be minimum requirements, except
where they are expressly stated to be maximum requirements or limits. Whenever the
provisions of this title overlap or are in conflict with the regulations and provisions of
other City municipal code titles or chapters, the provisions which are more restrictive or
impose higher standards or requirements shall prevail.
15.01.050 Conformance with City Plans, Ordinances and Environmental
Guidelines.
All actions and activities subject to the provisions of this title shall conform to all
pertinent City -adopted plans, ordinances and environmental guidelines, as follows:
(a) Conformance with the San Rafael General Plan and applicable specific
plan or neighborhood plan, the City Zoning Ordinance (SRMC Title 14), historic
resources (SRMC Title 2, Chapter 2.18), archaeological resource protection (SRMC Title
2, Chapter 2.19) and any other pertinent City ordinances or municipal code sections
(including but not limited to fire code and building code). Conformance shall be based
on those plans and ordinances that are adopted and in effect at time applications are
deemed complete for processing, unless, prior to the determination of completeness, the
City has initiated by adoption of resolution, ordinance or by motion, an amendment to
such plan or ordinance, and has published notice thereof as required by the Subdivision
Map Act Section 66474.2.
(b) Conformance with all guidelines set forth in the most currently adopted
City of San Rafael Environmental Assessment Procedures Manual and the guidelines of
the California Environmental Quality Act (CEQA).
15.01.060 Conformance with Provisions of Subdivision Map Act.
In the event that this title is silent on or does not address a specific subdivision
issue, procedure or requirement, the City shall defer to the provisions of the State of
California Subdivision Map Act.
15.01.070 Authority.
Application, administration and authority over the provisions and requirements of
this title shall lie with the following official bodies or officials:
(a) The Planning Commission (Advisory Agency) has the authority to
approve, conditionally approve or deny an application for a Tentative Map, Vesting
Tentative Map for five (5) or more lots, or a Tentative Map or Vesting Tentative Map for
a subdivision four or fewer lots that is located in a hillside area and/or includes a request
for an exception from the provisions of this title, except when accompanied by other
applications requiring City Council approval, per Section 15.01.110 of this chapter. The
Planning Commission has the authority to approve a time extension to a previously
approved or conditionally approved Tentative Map or Vesting Tentative Map.
(b) The City Council (Appeal Board) has the final decision-making authority
over Tentative Map or Vesting Tentative Map applications and actions required by this
title through the appeal process or as required per Section 15.01.110 of this chapter. The
City Council has authority to approve or deny a Final Map and to approve or reject any
offers of dedication, made pursuant to this title, resulting from the actions of this title.
(c) The Subdivision Committee, which is comprised of the Community
Development Director, City Engineer and Chairperson of the Planning Commission, has
the authority to approve, conditionally approve or deny an application for a Lot Line
Adjustment or Lot Consolidation. The Subdivision Committee has the authority to
approve, conditionally approve or deny a Tentative Map or Vesting Tentative Map for a
subdivision of four or fewer lots, except under certain circumstances, as specified in
Chapter 15.03 of this title. The Subdivision Committee has the authority to approve a
time extension to a Tentative Map, Vesting Tentative Map, Lot Line Adjustment or Lot
Consolidation that was initially approved by the Committee.
(d) The City Engineer has the authority to review and approve a Parcel Map,
and review and make recommendations on Final Maps, Certificates of Compliance,
improvement plans, subdivision improvement agreements and securities.
15.01.080 Maps Required.
The following maps, which are defined in Chapter 15.18 (Definitions) shall be
required:
(a) Tentative Map or Vesting Tentative Map. A Tentative Map or Vesting
Tentative Map shall be required for processing, reviewing and approving all applications
resulting in the division of land into two (2) or more parcels or lots, including
condominiums and stock cooperatives of two (2) or more units.
(b) Parcel Map. A Parcel Map shall be required for the recordation of an
approved division of land into four (4) or fewer parcels or lots, including condominiums
and stock cooperatives resulting in the creation of four (4) or fewer parcels or lots.
(c) Final Map. A Final Map shall be required for recordation of an approved
division of land into five or more parcels or lots, including condominiums of stock
cooperatives resulting in the creation of five (5) or more parcels or lots.
(d) Plat Maps and Deeds. A plat map shall be required for processing,
reviewing and approving all applications for a Lot Line Adjustment or a Lot
Consolidation. A deed shall be required for the recordation of an approved lot line
Adjustment or Lot Consolidation.
15.01.090 Deadlines for Processing and Action on Map Applications.
Action on all map applications subject to the provisions of this title shall occur
within fifty (50) calendar days of the following:
(a) City certification of an Environmental Impact Report (EIR) or City
approval of a Negative Declaration or Mitigated Negative Declaration that has been
prepared for the purpose of assessing the environmental impacts of the proposed map
application or,
(b) City determination that action on the map application is exempt from
environmental review per the provisions of the City of San Rafael Environmental
Assessment Procedures Manual and the California Environmental Quality Act (CEQA).
An extension of the time limits for processing and acting on a map application can
be granted by mutual consent of the City and the subdivider, as provided for in the
Subdivision Map Act.
15.01.100 Notification to Local School District.
The City shall notify all local school districts of all minor and major subdivision
applications. Within five (5) days of the date in which the Department of Community
Development has deemed the map application as complete for processing, the school
district(s) shall be notified, in writing, that the application has been received. The written
notification shall inform the school district(s) that it has fifteen (15) days from the receipt
of notice to respond, in writing, to the map application and the proposal.
15.01.110 Concurrent Processing of Related Development Applications.
When a map application is processed concurrent with other, related development
applications which require City Council action, the map application shall require a review
and recommendation by the Planning Commission and a final action by the City Council.
15.01.120 Exceptions.
A subdivider may request an exception to any regulation or requirement set forth
in this title, consistent with specific application procedures and findings.
(a) Application. An application for an exception from the regulations and
provisions of this title shall be filed by the subdivider, the property owner, or the
authorized representative of the property owner. The application shall be filed concurrent
with the Tentative Map or Vesting Tentative Map application proposing the division of
land. The application shall be accompanied by a written statement noting why the
exception is being requested and identifying the special grounds or circumstances, which
warrant the approval of the exception.
(b) Review and action by the Planning Commission. An application for an
exception from the regulations and provisions of this title must be reviewed and approved
by the Planning Commission. In approving an exception, the Planning Commission shall
make the required findings cited in Section 15.01.120(c).
(c) Findings. In reviewing and approving an exception from the regulations
and provisions of this title, the Planning Commission shall make the following findings,
which shall be included in the record of action on the map application:
(1) That there are special circumstances and/or conditions of the
property proposed for subdivision that warrant the approval of the exception;
(2) That the exception is necessary for the preservation and enjoyment
of a substantial property right of the subdivider or property owner; and
(3) That the granting of the exception will not be detrimental to the
public welfare or injurious to other property in the vicinity in which the property is
situated.
15.01.130 Time Limits for Map Approvals and Extensions.
Specific time limits are established for approved Tentative Maps and Vesting
Tentative Maps. These time limits, as well as provisions for extending the approval of
maps are as follows:
(a) Initial tine limits. All map application approvals shall be granted for
twenty-four (24) months, by which time the Parcel Map or Final Map must be recorded
with Marin County Recorder's Office. The 24 months shall commence on the date of
final action on the map application by the City, including appeal actions. Exceptions to
this 24 -month time limit are allowed under certain circumstances, as provided for in
Section 66452.6 of the Subdivision Map Act.
(b) Time limits for extensions. Applications for a time extension to an
approved map action shall be filed with the Department of Community Development
prior to the date of map expiration. Time extensions can be granted for twelve (12)
months. Additional extensions beyond the initial 12 -month extension may be granted,
provided that the life of the map approval does not exceed a total of five (5) years from
the initial map approval date. The authority to approve, conditionally approve or deny a
time extension request lies with the official bodies cited in Section 15.01.070 (Authority)
of this chapter.
(c) Extent of authority for granting time extensions. In reviewing and
considering a time extension to an approved map, the City may impose only those
conditions of approval that were imposed and required for the initial map approval. No
new conditions or improvements can be imposed or required of the subdivider, unless it
has been determined by the City that the new conditions or improvements are necessary
to address a circumstance or an environmental impact that was not present or known at
the time of initial map approval.
(d) Tolling of time linits due to moratorium or litigation. In the event of a
development moratorium imposed or a lawsuit affecting the subdivision action filed after
the approval of a map application, the time limits for the approved map shall be tolled, as
provided for by the Subdivision Map Act.
15.01.140 Appeals.
(a) Any action of the Subdivision Committee can be appealed to the Planning
Commission. Appeals of Subdivision Committee actions shall be filed with the
Department of Community Development. Such appeals shall be scheduled for a public
hearing before an action by the Planning Commission. The Planning Commission may
overrule or modify the decision, determination or requirement cited in the appeal, and
enter any such order or orders as are in harmony with the spirit and purpose of this title.
Planning Commission action on the appeal shall be final, unless this action is appealed to
the City Council.
(b) Any action of the Planning Commission or the City Engineer can be
appealed to the City Council. Appeals of Planning Commission or City Engineer actions
shall be filed with the Office of the City Clerk. The City Clerk shall schedule the appeal
for a public hearing, which shall be held within thirty (30) days of the date of the filing of
the appeal. An extension beyond this 30 days or a continuance of the public hearing date
may be granted by a vote of the City Council.
(c) Following closure of a public hearing on the appeal, the City Council may
overrule or modify the decision, determination or requirement cited in the appeal, and
enter any such order or orders as are in harmony with the spirit and purpose of this title.
City Council action on the appeal shall be final.
(d) Appeals must be filed, in writing, within ten (10) calendar days of action
by the Planning Commission, Subdivision Committee or City Engineer. All appeals must
be accompanied by a filing fee and written statement as to the reasons for the appeal.
Chapter 15.02
Major Subdivisions (five or more lots)
Sections:
15.02.010
Purpose.
15.02.020
Application Filing for Tentative Map.
15.02.030
Information on Tentative Map.
15.02.040
Information in Statement.
15.02.050
Application Review and Distribution.
15.02.060
Public Hearing Required.
15.02.070
Action by Planning Commission.
15.02.080
Findings Required.
15.02.090
Conditions of Approval.
15.02.100
Application Filing for Final Map.
15.02.110
Survey Required.
15.02.120
Form and Requirements of Final Map.
15.02.130
Phased Final Maps.
15.02.140
Certificates and Tax Bonds.
15.02.150
Review by City Engineer.
15.02.160
Approval by City Engineer.
15.02.170
Approval by City Council.
15.02.180
Recordation with County Recorder.
15.02.010 Purpose.
The purpose of this chapter is to establish the procedures for preparing,
processing and acting on divisions of land into five (5) or more lots or parcels for
development purposes. This chapter addresses the Tentative Map procedures, as well as
the review and recordation procedures for a Final Map.
15.02.020 Application Filing for Tentative Mlap.
All requests to divide real property into five (5) or more lots for development
purposes shall require the filing of a Tentative Map application with the Department of
Community Development. The application shall be filed by the subdivider, the property
owner of record or a representative of the property owner and must include the following
information:
(a) A complete application form that includes a description of the land
division;
(b) Fifteen (15) copies of a Tentative Map prepared in form, size and content
consistent with the provisions set forth in Section 15.02.030 of this chapter;
(c) A written statement of intent containing the information set forth in
Section 15.02.040 of this chapter;
10
(d) One copy of a recently prepared and issued preliminary title report on the
property proposed for subdivision;
(e) Three (3) copies of a geotechnical investigation (soils report), which has
been prepared for the purpose of identifying geologic and soils conditions on the subject
property and recommendations for development. The scope and extent of analysis
presented in the investigation shall be prepared in accordance with the Geotechnical
Review Matrix adopted in the San Rafael General Plan;
(f) The application processing fee; and
(g) Any reports or studies of the subject property as deemed necessary by the
Department of Community Development to provide adequate and complete processing
and review of the major subdivision application.
Additional application submittal information and materials are required for
properties that are located within hillside areas, as set forth in Chapter 15.07 (Standards
for Hillside Subdivision) of this title.
15.02.030 Information on Tentative Map.
The Tentative Map shall be prepared by a registered civil engineer or licensed
surveyor, shall be to a scale of not less than one inch (1") equals one hundred feet (100')
and shall be clearly and legibly reproduced. The Tentative Map shall contain the
following information:
(a) The subdivision name, date, north arrow, a graphic or bar scale and
sufficient description to define the location and boundaries of the proposed subdivision;
(b) Name and address of property owner(s) of record;
(c) Name and address of the subdivider;
(d) Name, business address and telephone number of the registered civil
engineer, or licensed surveyor, who prepared the map of the subdivision. If the proposed
subdivision is intended to be developed in phases and multiple or phased Final Maps are
to be recorded, a written statement to this effect shall be placed on the face of the
Tentative Map, as required by Section 15.02.130 of this chapter;
(e) Elevations or contours at intervals of ten feet (10') to determine slope of
the land and the high and low points thereof, provided that the City Engineer may require
additional contours;
(f) The locations, footprint, outline and use of each existing structure or
improvement on the subject property, and their locations in relation to existing or
proposed street(s) and lot lines;
11
(g) The locations, names, widths and approximate grades of all roads, streets,
and highways in the proposed subdivision and along the boundaries thereof;
(h) The location and character of all existing or proposed sanitary sewers and
storm drains in the subdivision or on adjoining and contiguous highways, streets and
roads;
(i) The approximate widths, location and purpose of all existing or proposed
easements or areas of use restriction on the subject property or on land contiguous to the
proposed subdivision;
0) Approximate lot layout and approximate dimensions of each lot and
corresponding lot numbering, including lots or parcels proposed for common ownership,
dedication, and/or non -development purposes;
(k) The location, boundaries and elevation of existing watercourses, channels
or waterways, including all areas subject to inundation or storm water overflow and the
location, width and direction of flow of all watercourses;
(1) A grading plan depicting proposed grades and quantities of earth
movement;
(m) A drainage plan depicting proposed drainage improvements and facilities;
(n) The location, dripline, trunk size and species of all existing trees in and
around the area of proposed development. For areas of the subject property that are not
proposed for development purposes, a detailed survey of the existing trees is not
necessary; however, tree cover shall be shown;
(o) Typical street sections and details thereof.
15.02.040 Information in statement.
A written statement shall accompany the Tentative Map application and shall
contain the following information:
(a) A description of the existing use(s) of the subject property;
(b) A description of the proposed use(s) of the subject property. If property is
proposed to be used for more than one purpose, the area, lots or lot proposed for each
type of use shall be depicted on the Tentative Map;
(c) A statement of the proposed improvements including public utilities, water
supply and sewerage disposal, how these improvements are to be made or installed, and
the estimated timing of when such improvements are to be completed;
(d) A description of proposed public areas and dedications, if any;
12
(e) A description of proposed tree removal and new planting, if any;
(f) A description of proposed restrictions, covenants or easements, if any;
(g) A list of any and all requests for exceptions (Chapter 15.01.120) from the
provisions of this title and a written statement citing the justification and reasons for
approval of these exceptions; and
(h) An area plan at a scale of one inch (1") equals three hundred feet (300'),
or larger, showing proposed streets, subdivision boundaries, existing streets and property
lines, in the vicinity, which affect, or may be affected by, the proposed subdivision.
15.02.050 Application Review and Distribution
Applications for a major subdivision shall be reviewed and processed as follows:
(a) Within ten (10) days of receipt of the application, the Department of
Community Development shall distribute for review, copies of the Tentative Map,
application form and supplemental materials to such City departments, utilities and
pertinent agencies, as deemed necessary. City departments, utilities and agencies shall be
given ten (10) days to review and respond, in writing, its findings and recommendations.
(b) Within thirty (30) days of receipt of the application, the Department of
Community Development shall review the materials to determine if all information has
been submitted to deem the application complete for processing; and shall advise the
property owner and/or subdivider, in writing, whether the application is complete or is
incomplete, listing the additional information needed for processing.
(c) When the application is determined to be complete, the Department of
Community Development shall complete environmental review in accordance with the
guidelines set forth in the most currently adopted City of San Rafael Environmental
Assessment Procedures Manual and the California Environmental Quality Act.
15.02.060 Public Hearing Required.
(a) A public hearing before the Planning Commission shall be required for
review and action on all applications for a major subdivision. A notice of the public
hearing shall be published in a local newspaper of general circulation within the City at
least ten (10) calendar days prior to the scheduled public hearing date. Simultaneously,
the notice shall be mailed to property owners within 300 feet of the subject property,
pertinent utility services and districts, neighborhood organizations and special interest
groups.
(b) An additional public notice period may be necessary to comply with the
California Environmental Quality Act noticing requirements. In addition, a broader
noticing to affected property owners (beyond the minimum 300 feet from the subject
property) may be provided, depending upon project issues and controversy.
13
15.02.070 Action by Planning Commission.
The following procedures shall be implemented for Planning Commission action
on a major subdivision application:
(a) The Department of Community Development shall prepare a written
report to the Planning Commission describing the major subdivision. The written report
shall indicate if the application is consistent with the San Rafael General Plan and any
pertinent specific plan or neighborhood plan, and if it is in conformance with the Zoning
Ordinance (SRMC Title 14) and any other pertinent City ordinance or municipal code
provisions. The report shall also contain proposed findings, as set forth in Section
15.02.080 of this chapter, and conditions recommended for the approval of the
application.
(b) The Planning Commission may refuse to approve a Tentative Map when
the only practical use that can be made of the property proposed to be subdivided is a use
prohibited by law or if the property is deemed unhealthful or unfit for human habitation
or occupancy.
(c) Action by the Planning Commission on the major subdivision application
shall be in the form of a resolution, which records the vote of the Commission, and cites
the findings and conditions of approval.
15.02.080 Findings Required.
(a) Findings for Approval. Approval or conditional approval of a Tentative
Map shall be supported by the following findings:
(1) The proposed map is consistent with the San Rafael General Plan
and any applicable, adopted specific plan or neighborhood plan;
(2) The design or improvement of the proposed subdivision is
consistent with the San Rafael General Plan and any pertinent, adopted specific plan or
neighborhood plan;
(3) The property subject to subdivision is physically suitable for the
type or density of development that is proposed;
(4) The property subject to subdivision is physically suitable for the
density of development that is proposed;
(5) The design of the subdivision or the proposed improvements are
not likely to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat;
14
(6) The design of the subdivision or the type of proposed
improvements is not likely to cause serious health problems; and
(7) The design of the subdivision or the type of proposed
improvements will not conflict with easements, acquired by the public at large, for access
through or use of, property within the proposed subdivision. In this connection, the City
may approve the map if it is determined that alternative easements, for access or for use,
will be provided, and that these will be substantially equivalent to ones previously
acquired or secured for public use.
(b) Grounds for Denial. In the event that one or more of the findings cited in
subsection (a) cannot be made to support approval or conditional approval of the
Tentative Map, the map shall be denied.
15.02.090 Conditions of Approval.
In approving a Tentative Map, the Planning Commission may impose conditions.
All conditions imposed on an approved Tentative Map must be substantiated and there
must be a nexus established between any required improvements and the proposed
subdivision.
15.02.100 Application Filing for Final Map.
Within two (2) years following approval or conditional approval of the Tentative
Map, the property shall be surveyed and a Final Map prepared by a registered civil
engineer or licensed land surveyor, in conformance with the Tentative Map, as approved
or conditionally approved. An application for and the original Final Map shall be filed
with the City Engineer, along with the following:
(a) Two (2) blue line or black line prints of the Final Map;
(b) A preliminary title report issued by a title insurance company in the name
of the property owner of record;
(c) An instrument, such as a non -access easement, prohibiting traffic over the
side lines of a major highway, parkway, street or freeway, if applicable;
(d) Sheets and drawings showing traverse closures and the computation of all
distances, angles and courses shown on the Final Map, ties to existing and proposed
monuments, and adjacent subdivisions and/or highway stations;
(e) Two (2) sets of subdivision improvement plans, prepared consistent with
the improvement plan requirements set forth in Chapter 15.11 (Subdivision
Improvements and Securities) of this title;
(f) A filing fee, as required by the City for the processing and plan check
costs necessary to complete and record the Final Map; and
15
(g) Any other supportive information or reports, such as a geotechnical/soils
report or reports addressing environmental mitigation, required for submittal as a
condition of Tentative Map approval.
The City Engineer may waive any of the requirements if the location of the
subject property and the nature of the proposed division of land or the documentation
demonstrate that compliance with these requirements is not necessary.
15.02.110 Survey Required.
An accurate and complete survey of the land presented on the Final Map shall be
completed by a registered civil engineer or a licensed land surveyor. All monuments,
property lines, centerlines of streets, alleys and easements adjoining or within the
boundaries of the subject property shall be reflected on the survey. An error of closure
on any portion of the Final Map shall be allowed, in accordance with the limitations
established by the Subdivision Map Act.
15.02.120 Form and Requirements of Final Map.
(a) The Final Map shall be clearly and legibly drawn on mylar, a strong, thin
polyester material. All lines, letters, figures, certifications, acknowledgements and
signatures shall be made in black ink. Typewriting or rubber stamps may be used if
approved by the City Engineer. The map shall be so prepared and shall be in such
condition when filed, that good legible blue prints and negatives can be made therefrom.
The size of the mylar sheets shall be eighteen inches by twenty-six inches (18" X 26"),
leaving a margin of two inches at the left edge and one inch at the other three edges of the
sheets. The scale of the Final Map shall be not less than one inch (1") equals one
hundred feet (100').
(b) Every sheet comprising the Final Map shall bear the scale, north arrow,
legend, sheet number, and number of sheets comprising the map.
(c) Wherever the City Engineer has established a system of coordinates, the
survey shall be tied into such system. The adjoining corners of all adjoining subdivisions
shall be identified by lot and block numbers, subdivision name and place of record, or
other proper designation.
(d) Sufficient data shall be shown to determine readily the bearing and length
of every lot line, block line and boundary line. Dimensions of lots shall be given as total
dimensions, corner to corner, and shall be shown in feet and hundredths of a foot. No
"ditto" marks or similar abbreviation symbols shall be used. Lots containing one (1) acre
or more shall show total acreage to nearest hundredth. Bearings and lengths of straight
lines, and radii and arc length for all curves as may be necessary to determine the location
of the centers of curves and tangent points shall be shown. No lot shall be dimensioned
to contain any part of an existing or proposed public right-of-way.
(e) Whenever the City Engineer has established the centerline of a street or
alley, adjacent to or within the proposed subdivision, the data shall be shown on the Final
16
Map indicating all monuments found and making reference to a field book or map. If the
points were reset by ties, the course and detail of relocation data used by the City
Engineer shall be stated.
(f) The Final Map shall show the location and description of all monuments
in making the survey of the subdivision.
(g) In addition to the requirements of (a) through (f) above, the Final Map
shall be prepared in full compliance with the following:
(1) The Final Map shall show the line of high water in case the
subdivision is adjacent to a stream, channel or any body of water, and shall also show any
area subject to periodic inundation by water.
(2) The Final Map shall show by lot number those lots, which have
been filled or will be filled in the development of the subdivision.
(3) The boundary of the subdivision shall be designated by a border
applied to the reverse side of the mylar and on the face of the blue line prints. Such
border shall not interfere with the legibility of figures or other data.
(4) The Final Map shall show the side lines of all streets, the total
width of all streets, the width of the portion being dedicated, the width of existing
dedications, and the width of all rights-of-way appearing on the map. If streets or rights -
of -ways are being dedicated by the map, they shall be properly referenced in the property
owners' certificates of dedication.
(5) The Final Map shall show the side lines of all easements to which
the lots are subject. Each easement shall be clearly labeled and identified and if already
of record, its recorded reference given. If any easement is not definitely located of
record, a statement of such easement must appear on the title sheet. Easements for storm
drain, sewers and other purposes shall be denoted by fine dotted lines. The width of the
easement and the lengths and bearings of the liens thereof and sufficient ties thereto to
definitely locate the easement with respect to the subdivision must be shown. If the
easement is being dedicated by the map, it shall be properly referenced in the owners'
certificates of dedication.
(6) City boundary lines crossing or bounding the subdivision shall be
clearly designated and referenced.
(7) Lot numbers shall begin with the number "1" in each block and
shall be numbered in a clockwise direction from the upper left hand corner; north shall be
generally up on the map.
(8) Block letters identifying blocks of lots may be required to be
indicated on the Final Map. The letters shall be solid and of sufficient size and thickness
17
to stand out, shall be so placed as not to obliterate any figure, and shall not be enclosed in
any design. Each block in its entirety shall be shown on one sheet. Where adjoining
blocks appear on separate sheets, the street adjoining both blocks shall be shown on both
sheets complete with center line and property line.
(9) The Final Map shall also show all other data that is or may be
required by law.
(10) The Final Map shall particularly define, delineate and designate all
lots intended for sale or reserved for private purposes, and all parcels offered for
dedication for any purpose, public or private, with all dimensions, boundaries, and
courses clearly shown and defined in every case. Parcels offered for dedication but not
accepted shall be designated by alphabetical letters.
15.02.130 Phased Final Maps.
The filing of multiple or phased Final Maps for an approved Tentative Map shall
be permitted, consistent with the provisions of the Subdivision Map Act. However, the
subdivider shall be required to inform the City, at the time of Tentative Map processing,
that phased or multiple Final Maps may be filed.
15.02.140 Certificates and Tax Bond.
(a) The following certificates and acknowledgements and all others now or
hereafter required by law shall appear on the Final Map; such certificates may be
combined where appropriate:
(1) A certificate signed and acknowledged by all parties having any
record title interest in the subdivided land, consenting to the preparation and recordation
of the Final Map, provided, however, that the signatures of parties owning the following
types of interests may be omitted if their names and the nature of their interests are set
forth on the map:
(A) Rights-of-way, easements or other interests, none of which
can ripen into a fee.
(B) 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 where the property owner's signature is impossible or impractical to obtain. In this
case, a reasonable statement of the circumstances preventing the procurement of the
signature shall be set forth on the map.
(C) Any subdivision map including land originally patented by
the United States or the State of California, under patent reserving interest to either or
both of these entities, may be recorded under the provisions of this title without the
consent of the United States or the State of California thereto, or to dedication made
thereon.
18
(2) A certificate signed and acknowledged as above, offering for
dedication all parcels of land shown on the Final Map and intended for any public use,
except those parcels, other than streets, which are intended for the exclusive use of the lot
owners in the subdivision, their licensees, visitors, tenants, and servants.
(3) A certificate by the registered civil engineer or licensed surveyor
responsible for the survey and Final Map (Engineer's Certificate). The signature of such
civil engineer or surveyor, unless accompanied by his/her seal, must be acknowledged
and a certificate of acknowledgement affixed.
(4) A certificate for execution by the City Engineer prepared in
accordance with the requirements of Section 66441 of the Subdivision Map Act.
(5) A certificate for execution by the City Clerk stating that the City
Council approved the Final Map and accepted, accepted subject to improvement, or
rejected on behalf of the public, any real property offered for dedication for public use, in
conformance with the terms of the offer of dedication.
(6) A certificate for execution by the Marin County Recorder's Office.
(b) Prior to the filing of the Final Map with the City, the subdivider shall file
with the Marin County Clerk's Office, a certificate from the official computing
redemptions in Marin County and the City of San Rafael, showing that according to the
records of his/her office, there are no liens against the subdivision or any part thereof for
unpaid state, county, municipal, or local taxes or special assessments collected as taxes,
except taxes or special assessments not yet payable. As to taxes or special assessments
collected as taxes not yet payable, the subdivider shall file with the Marin County Clerk's
Office, a certificate by the appropriate state or local official giving his/her estimate of the
amount of taxes and assessments, which are a lien but which are not yet payable.
(c) Whenever any part of the subdivision is subject to a lien for taxes or
special assessments collected as taxes which are not yet payable, the Final Map shall not
be recorded until the owner or subdivider executes and files with the Board of
Supervisors of Marin County, a good and sufficient bond to be approved by the Board
and by its terms made to inure to the benefit of the county and conditioned upon the
payment of all state, county, municipal and local taxes and all special assessments
collected as taxes, which at the time the Final Map is recorded are a lien against the
property, but which are not yet payable. In lieu of a bond, a deposit may be made of
money or negotiable bonds in the same amount, and of the kind approved for securing
deposits of public money.
15.02.150 Review by City Engineer.
(a) Upon receipt of the Final Map application, the City Engineer shall have
sixty (60) calendar days to review and approve the Final Map and all supportive
improvement plans and reports. Following initial review, the City Engineer shall provide
written comments and corrections on these materials to the subdivider's engineer, who
19
shall in turn, make corrections and/or additions until the map and supportive documents
are acceptable to the City Engineer. The 60 calendar days shall not include any days in
which the improvement plans have been returned to the subdivider's engineer for
correction or those days for which the plans are subject to review by agencies other than
the City.
(b) Upon making all final corrections and additions, the subdivider's engineer
shall submit the original Final Map mylar to the City Engineer. The original shall be
submitted with the signatures of all parties required to execute the statements on the Final
Map.
15.02.160 Approval by City Engineer.
(a) Upon receipt of the Final Map and other data, the City Engineer shall
approve the Final Map and deem it as "filed" only after it has been determined that the
map and supportive documents substantially comply with the approved Tentative Map
and all conditions of approval, and complies with the provisions of this title and the
requirements of the Subdivision Map Act. Once approved, the City Engineer shall
provide the appropriate certification on the Final Map.
(b) In the event the subdivision presented on the Final Map is partly within
the city limits and partly outside the city limits, the County Surveyor and the City
Engineer shall enter into an agreement by and with the consent of their respective
governing bodies, providing that the County Surveyor may perform the duties prescribed
for the City Engineer in this section. The County Surveyor may provide the appropriate
certification after completing review of the Final Map. When the review is apportioned
between the County Surveyor and City Engineer, it shall be sufficient, if each shall after
the performance thereof, make a certification on said map.
15.02.170 Approval by City Council.
(a) Following approval of the Final Map, the supportive improvement plans,
agreements and securities, the City Engineer shall have cause to file the Final Map with
the City Clerk for City Council approval. The City Engineer shall inform the City Clerk,
in writing, that the Final Map can be scheduled for City Council approval.
(b) At its first regular meeting following the filing of the Final Map with the
City Clerk, or within ten (10) days following the filing thereof, the City Council shall
consider the Final Map, and plan of subdivision, along with all the offers of dedication.
The City Council may accept, accept subject to improvements or reject any or all offers
of dedication. If the City Council determines that the Final Map is in conformance with
the requirements of this title and that it is satisfied with the plan of subdivision, it shall
approve the map.
(c) When the subdivider has filed with the City Clerk, accompanying
subdivision improvement agreements and securities for completion of required on-site or
off-site improvements, prepared and deposited consistent with the provisions of Chapter
15.11 of this title, and when such agreements and securities have been approved by the
20
City Attorney, as to form, and by the City Manager as to sufficiency, the City Clerk shall
transmit the map to the Clerk of the County Board of Supervisors. When all bonds,
money or negotiable bonds required under the provisions of this title to secure the
payment of taxes and assessments which are a lien on some part of the subdivision but
which are not yet payable, have been deposited with and approved by the Board of
Supervisors, the Clerk of the Board shall transmit the Final Map to the Marin County
Recorder's Office.
15.02.180 Recordation with County Recorder.
Following City Council approval of the Final Map, the City Engineer shall have
cause to file the Final Map with the Marin County Recorder's Office. The Marin County
Recorder's Office shall have ten (10) calendar days to examine the Final Map and either
accept it or reject it for filing. Acceptance of the Final Map by the Marin County
Recorder's Office shall be certified on the face of the map.
21
Chapter 15.03
Minor Subdivisions (four or fewer lots)
Sections:
15.03.010
Purpose.
15.03.020
Application Filing for Tentative Map.
15.03.030
Information on Tentative Map and Written Statement.
15.03.040
Application Review and Distribution.
15.03.050
Referral to Planning Commission.
15.03.060
Action by the Subdivision Committee.
15.03.070
Findings Required.
15.03.080
Conditions of Approval.
15.03.090
Application Filing for Parcel Map.
15.03.100
Survey Required.
15.03.110
Form and Requirements of Parcel Map.
15.03.120
Review by City Engineer.
15.03.130
Approval by City Engineer.
15.03.140
Recordation with County Recorder.
15.03.010 Purpose.
The purpose of this chapter is to establish the procedures for processing and
acting on divisions of land into four (4) or fewer lots or parcels for development
purposes. This chapter addresses the Tentative Map procedures, as well as the review
and recordation procedures for a Parcel Map.
15.03.020 Application Filing for Tentative Map.
All requests to divide real property into four (4) or fewer lots for development
purposes shall require the preparation of a Tentative Map and the filing of an application
with the Department of Community Development. The application for a minor
subdivision shall be filed by the property owner(s) of record or representatives of the
property owner (subdivider) and must include all information specified in Section
15.02.020 of this title.
15.03.030 Information on Tentative Map and Written Statement.
The information required on the Tentative Map prepared for a minor subdivision
shall be the same as the information that is required for a Tentative Map prepared for a
major subdivision, as specified under Section 15.02.030 of this title. The Tentative Map
shall be accompanied by a written statement of intent, which shall be prepared consistent
with the provisions set forth in Section 15.02.040 of this title.
15.03.040 Application Review and Distribution.
Applications for a minor subdivision shall be reviewed and processed consistent
with the major subdivision map application procedures specified in Section 15.02.050 of
this title.
22
15.03.050 Referral to Planning Commission.
When the Tentative Map application is determined to be complete, the
Department of Community Development shall determine if the minor subdivision
application is to be reviewed and acted on by the Subdivision Committee or the Planning
Commission. All minor subdivision applications shall be referred to the Planning
Commission when:
(a) The application is determined to be subject to environmental review and
the preparation of an Initial Study is required to assess the potential environmental
impacts of the minor subdivision;
(b) The application includes a request for an exception from one or more of
the provisions of this title;
(c) The property proposed for subdivision is located in a hillside area and is
subject to the provisions of Chapter 15.07 of this title;
(d) The application is being processed concurrently with other applications
requiring Planning Commission or City Council approval;
(e) The application involves a division of land where one or more of the
created lots or parcels does not have frontage on an existing public street;
(f) The Director of Community Development determines that there is
extraordinary public concern about the proposed division; or
(g) The Director of Community Development determines that the proposed
division is of a size, importance or unique nature such that it is judged not to be a routine
matter.
All minor subdivision applications referred to the Planning Commission for
review and action shall be processed consistent with the major subdivision procedures set
forth in Chapter 15.02 of this title.
15.03.060 Action by the Subdivision Committee.
The following procedures shall be implemented for Subdivision Committee action
on a minor subdivision application:
(a) The Department of Community Development shall prepare a written
report to the Subdivision Committee describing the minor subdivision. The written
report shall include a statement indicating whether the application is consistent with the
San Rafael General Plan and any applicable specific plan or neighborhood plan, and is in
conformance with the Zoning Ordinance (Title 14) and any other pertinent municipal
ordinance or code provisions. The report shall also contain the required findings and any
conditions recommended for approval.
23
(b) Upon completion of the written report to the Subdivision Committee, a
notice shall be mailed to property owners within 300 feet of the subject property,
pertinent utility services and districts, neighborhood organizations and special interest
groups, informing them of the Subdivision Committee's intent to act on the application.
The notice shall indicate that the Subdivision Committee will take action on the
application, on or after the date, which is ten (10) days following the date of the notice.
(c) Following distribution of the notice, the Department of Community
Development shall distribute the written report and four (4) copies of the Tentative Map
to at least two (2) of the members of the Subdivision Committee (City Engineer,
Community Development Director and Planning Commission Chair) for review and
signature. Approval of the minor subdivision by the Subdivision Committee shall not
occur until after the ten day courtesy review period has passed and at least two members
of the committee have signed the map.
(d) Copies of the approved application forms and signed Tentative Map shall
be forwarded to the subdivider and/or property owner, once final action has been taken
by the Subdivision Committee.
15.03.070 Findings Required.
In approving, conditionally approving or denying an application for a minor
subdivision, the Subdivision Committee shall be required make the same findings that are
required for a major subdivision, as specified under Section 15.02.080 of this title.
15.03.080 Conditions of Approval.
A minor subdivision may be approved, subject to conditions. Conditions of
approval may include the imposing of restrictions and easements, consistent with the
provisions of this title, and compliance with specific permit requirements such as set forth
in the Zoning Ordinance (Title 14). Consistent with the provisions of Section 66411.1 of
the Subdivision Map Act, conditions of approval requiring improvements shall be limited
to the dedication of rights-of-way, easements, and the construction of reasonable off-site
and on-site improvements for the parcels being created. Construction of improvements
shall not be required until a permit or other grant of approval for development of the
created lots or parcels is issued, or when the improvements are to be constructed pursuant
to the terms of a Subdivision Improvement Agreement. An earlier time frame for
construction of improvements may be required, as allowed for in Section 66411.1 of the
Subdivision Map Act.
15.03.090 Application Filing for Parcel Map.
Within two (2) years after approval or conditional approval of a Tentative Map
for a minor subdivision, the subdivider shall cause the subdivision to be surveyed and a
Parcel Map to be prepared by a registered civil engineer or licensed land surveyor, in
conformance with the approved Tentative Map. An application for and the original
Parcel Map shall be filed with the City Engineer, along with the following:
(a) Two (2) blue line or black line prints of the Parcel Map;
24
(b) A preliminary title report issued by a title insurance company in the name
of the property owner of record, issued to or for the benefit of protection of the City of
San Rafael;
(c) Sheets and drawing showing traverse closures and the computation of all
distances, angles and courses shown on the Parcel Map, ties to existing and proposed
monuments, and adjacent subdivisions and/or highway stations.
(d) Two (2) sets of subdivision improvement plans, if the Tentative Map
approval includes required on-site or off-site improvements. The improvement plans
shall be prepared consistent with the improvement plan requirements set forth in Chapter
15.11 (Subdivision Improvements and Securities) of this title;
(e) A filing fee, as required by the City for the processing and plan check
costs necessary to complete and record the Parcel Map; and
(f) Any other supportive information or reports, such as a geotechnical/soils
report, required for submittal as a condition of Tentative Map approval.
The City Engineer may waive any of the requirements if the location of the
subject property and the nature of the proposed division of land or the documentation
demonstrates that compliance with these requirements is not necessary.
15.03.100 Survey Required.
An accurate and complete survey of the land presented on the Parcel Map shall be
completed by a registered civil engineer or licensed land surveyor. All monuments,
property lines, centerlines of streets, alleys and easements adjoining or within the
boundaries of the subject property shall be tied into the survey. An error of closure on
any portion of the Parcel Map shall be allowed, in accordance with the limitations
established by the Subdivision Map Act.
15.03.110 Form and Requirements of Parcel Map.
The form and requirements for preparing a Parcel Map shall be the same as the
form and requirements for preparing a Final Map, as set forth in Chapter 15.02 of this
title, with the following exceptions:
(a) The "Planning Commission Statement" shall not be included on the first
page of the Parcel Map, unless the Tentative Map was approved by the Planning
Commission.
(b) The "City Clerk's Certificate" shall be included on the first page of the
Parcel Map, which authorizes the City Clerk to sign the map on behalf of the City
Council.
25
The Parcel Map shall also contain the necessary engineer's certificates, as well as
the certificate or statement by the City Engineer, consistent with the requirements of the
Subdivision Map Act.
15.03.120 Review by City Engineer.
(a) Upon receipt of the Parcel Map application, the City Engineer shall have
sixty (60) calendar days to review and approve the Parcel Map and all supportive
improvements plans and reports. Following initial review, the City Engineer shall
provide written comments and corrections on these materials to the subdivider's engineer,
who shall, in turn, make corrections and/or additions until the map and supportive
documents are acceptable to the City Engineer. The 60 calendar days shall not include
any days in which the improvement plans have been returned to the subdivider's engineer
for correction or those days for which the plans are subject to review by agencies other
than the City.
(b) Upon making all final corrections and additions, the subdivider's engineer
shall submit the original Parcel Map to the City Engineer. This original shall be
submitted with the signatures of all parties required to execute the statements on the
Parcel Map.
15.03.130 Approval by City Engineer.
The City Engineer shall approve the Parcel Map only after it is determined that
the map and supportive documents comply with the approved Tentative Map and all
conditions of approval, and complies with the requirements of the Subdivision Map Act.
Upon map approval, the City Engineer shall provide the appropriate certification on the
map.
15.03.140 Recordation with County Recorder.
Following approval of the Parcel Map, the City Engineer shall have cause to file it
with the Marin County Recorder's Office. The Marin County Recorder's Office shall
have ten (10) calendar days to examine the Parcel Map and either accept it or reject it for
filing. Acceptance of the Parcel Map by the Marin County Recorder's Office shall be
certified on the face of the map.
26
Chapter 15.04
Vesting Tentative Maps
Sections:
15.04.010 General Provisions.
15.04.020 Procedures.
15.04.030 Development Rights.
15.04.010 General provisions.
(a) Citation and Authority. The ordinance codified in this chapter is enacted
pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of
Division 2 of Title 7 of the Government Code of the State of California (hereinafter
referred to as the "Vesting Tentative Map Statute"), and may be cited as the "Vesting
Tentative Map Ordinance."
(b) Purpose and Intent. It is the purpose of this chapter to establish
procedures necessary for processing, reviewing and taking action on Vesting Tentative
Map applications, and to supplement the provisions of the Subdivision Map Act and the
provisions of this title. Except as otherwise set forth in the provisions of this chapter, the
other provisions of this title shall apply to Vesting Tentative Maps. To accomplish this
purpose, the regulations outlined in this chapter are determined to be necessary for the
preservation of the public health, safety and general welfare, and for the promotion of
orderly growth and development.
(c) Consistency. No land shall be subdivided and developed pursuant to a
Vesting Tentative Map for any purpose, which is inconsistent with the San Rafael
General Plan and any applicable, adopted specific plan or neighborhood plan, or not
permitted by the Zoning Ordinance (Title 14) or other applicable provisions of the San
Rafael Municipal Code, in effect at the time the Vesting Tentative Map application is
deemed complete for processing pursuant to Section 15.01.050(a) of this title.
(d) Limitations for Requesting a Vesting Tentative Map.
(1) The provisions of this chapter apply to subdivisions of land
proposed for residential and non-residential development. Whenever a provision of the
Subdivision Map Act, as implemented and supplemented by this title, requires the filing
of a Tentative Map for a residential or non-residential development, a Vesting Tentative
Map may instead be filed, in accordance with the provisions of this chapter.
(2) If a subdivider does not seek the rights conferred by the Vesting
Tentative Map Statute, the filing of a Vesting Tentative Map shall not be a prerequisite to
any approval for any proposed subdivision, permit for construction, or work preparatory
to construction.
27
15.04.020 Procedures.
(a) Filing and processing. A Vesting Tentative Map application shall be filed
in the same form and have the same contents, accompanying data and reports and shall be
processed in the same manner as set forth in Chapters 15.02 (Major Subdivisions) and
15.03 (Minor Subdivisions) for a Tentative Map except as hereinafter provided:
(1) At the time a Vesting Tentative Map application is filed it shall
have printed conspicuously on its face the words "Vesting Tentative Map."
(2) At the time a Vesting Tentative Map application is filed, a
subdivider shall also concurrently file an application for an Environmental and Design
Review Permit, providing all application materials required under Title 14 (Zoning),
Chapter 25 (Environmental and Design Review Permits) of the San Rafael Municipal
Code. In addition, if required by the zoning district in which the subject property is
located, the subdivider shall concurrently apply for a Conditional Use Permit (Title 14,
Chapter 22).
(c) Application fees. Upon filing a Vesting Tentative Map application, the
subdivider shall pay the fees required by City Council resolution for the filing and
processing of a Tentative Map for a major or minor subdivision.
(c) Expiration. The approval or conditional approval of a Vesting Tentative
Map shall expire at the end of the same time period, and shall be subject to the same
extensions, established by this title for the expiration of the approval or conditional
approval of a Tentative Map, as required by Section 15.01.130 of this title.
15.04.030 Development rights.
(a) Date of Vesting. The approval or conditional approval of a Vesting
Tentative Map shall confer a vested right to proceed with development in substantial
compliance with the City of San Rafael ordinances, policies and standards adopted and in
place on the date the Vesting Tentative Map application has been deemed complete, as
described in Section 66474.2 of the Subdivision Map Act. However, if Section 66474.2
of the Subdivision Map Act is repealed, the approval or conditional approval of a Vesting
Tentative Map shall confer a vested right to proceed with development in substantial
compliance with the ordinances, policies, and standards in effect at the time the Vesting
Tentative Map is approved or conditionally approved.
(b) Grounds for Conditional Approval or Denial. Notwithstanding (a), a
permit, approval, extension, or entitlement may be conditioned or may be denied if any of
the following are determined:
(1) A failure to do so would place the residents of the subdivision or
the immediate community, or both, in a condition dangerous to their health or safety, or
both; or
28
(2) The conditional approval or the denial is required in order to
comply with state or federal law.
(c) Vesting Period. The vesting development rights shall expire if a Final
Map is not approved prior to the expiration of the Vesting Tentative Map, as provided in
Chapter 15.01 of this title. If the Final Map is approved, these vesting development
rights shall last for the following periods of time:
(1) An initial time period of two (2) years, following the approval and
recordation of the Final Map. Where multiple Final Maps are recorded on various phases
of a project covered by a single Vesting Tentative Map, this initial time period shall begin
for each phase when the Final Map for that phase is recorded;
(2) The initial time period set forth in subsection (c)(1) shall be
automatically extended by any time used for processing a complete application for a
grading permit or building permit, if such processing exceeds thirty days, from the date a
complete application is filed;
(3) A subdivider may apply for a one-year extension at any time
before the initial time period set forth in subsection (c)(1) expires. If the extension is
denied, the subdivider may appeal that denial to the City Council within ten (10) calendar
days; or
(4) If the subdivider submits a complete application for a grading
permit or building permit during the periods of time specified in subsections (c)(1)
through (3) above, the rights referred to herein shall continue until the expiration of that
permit, or any extension of that permit.
(d) Development Inconsistent with Zoning (Title 14) — Conditional Approval.
(1) Whenever a subdivider files a Vesting Tentative Map for a
subdivision whose intended development is inconsistent with the Zoning Ordinance (Title
14) in existence at that time, that inconsistency shall be noted on the map. The City shall
deny such a Vesting Tentative Map or approve it conditioned on the subdivider, or his or
her designee, obtaining the necessary change in the Zoning Ordinance to eliminate the
inconsistency. If approved or conditionally approved, the Vesting Tentative Map shall,
notwithstanding subsection (a)(1) of Section 15.04.030, confer the vested right to proceed
with the development in substantial compliance with the change in the Zoning Ordinance
and the map, as approved.
(2) The rights conferred by this section shall be for the time period set
forth in subsection (c)(3) of Section 15.04.030.
(e) Applications Inconsistent with Current Policies. Notwithstanding any
provision of this chapter, a property owner or his or her designee, or subdivider may seek
approvals or permits for development which depart from the ordinances, policies, and
standards described in subsection (d)(1) of Section 15.04.030 and the City may grant
29
these approvals or issue these permits to the extent that the departures are authorized
under the applicable laws.
30
Chapter 15.05
Lot Line Adjustments and Consolidations
Sections:
15.05.010
Applicability.
15.05.020
Application Filing.
15.05.030
Application Review and Distribution.
15.05.040
Action by the Subdivision Committee.
15.05.050
Recordation with County Recorder.
15.05.010 Applicability.
The provisions of this chapter shall apply to requests for Lot Line Adjustments
and Consolidations between or among four (4) or fewer adjacent lots or parcels and lot
consolidations. All requests to adjust lot lines between or among five (5) or more
adjacent lots or parcels shall require a Tentative Map application for a major subdivision,
filed, processed and approved consistent with the provisions of Chapter 15.02 (Major
Subdivisions) of this title.
15.05.020 Application Filing.
All requests to adjust or consolidate a lot line(s) between or among four (4) or
fewer adjacent parcels or lots shall require the filing of an application with the
Department of Community Development. The application shall be filed by the property
owner(s) or representatives of the property owner(s) and must include the following
information:
(a) A complete application form that includes a description of reasons for the
adjustment or consolidation;
(b) Five (5) copies of a plat map showing the existing and proposed lot lines,
the location of any existing structures, easements, building envelopes, prominent trees,
access to public streets, and any other data as required by the Department of Community
Development;
(c) One copy of a recently prepared and issued preliminary title report on the
property or properties affected by the proposed adjustment or consolidation; and
(d) The application processing fee.
15.05.030 Application Review and Distribution.
Applications for Lot Line Adjustments and Lot Consolidations shall be reviewed
and processed as follows:
(a) Within ten (10) days of receipt of the application, the Department of
Community Development shall distribute for review, copies of the application for Lot
Line Adjustment or Lot Consolidation to such City departments and pertinent agencies,
31
as deemed necessary. City departments and agencies shall be given ten (10) days to
review and respond, in writing, their findings and recommendations.
(b) Within thirty (30) days of receipt of the application, the Department of
Community Development shall review the materials to determine if all information has
been submitted to deem the application complete for processing, and the property
owner(s) and/or representative shall be informed, in writing, if the application is complete
or is incomplete, listing the additional information needed for processing.
15.05.040 Action by the Subdivision Committee.
Action on all Lot Line Adjustment and Lot Consolidation applications shall be by
the Subdivision Committee, consistent with the following procedures:
(a) The Department of Community Development shall prepare a written
report to the Subdivision Committee describing the Lot Line Adjustment or Lot
Consolidation. The written report shall include a statement indicating whether the
application is consistent with the San Rafael General Plan and any pertinent specific plan
or neighborhood plan, is in conformance with the Zoning Ordinance (Title 14) and any
other pertinent municipal code provisions, and is in conformance with the Uniform
Building Code (UBC). The report may contain conditions recommended for the approval
of the application but shall not include any requirements for on-site or off-site
improvements, dedications or exactions. As a condition of approval, the Subdivision
Committee may establish time limits for the approval, which shall be consistent with the
time limits allowed for map approvals, as provided for in Section 15.01.130 of this title.
(b) Upon completion of the written report to the Subdivision Committee, a
notice shall be mailed to adjacent property owners informing them of the Subdivision
Committee's intent to act on the application. The notice shall indicate that the
Subdivision Committee will take action on the application, on or after the date, which is
ten (10) days following the date of the notice.
(c) Following distribution of the courtesy notice, the Department of
Community Development shall distribute the written report and four (4) copies of the plat
map to at least two (2) of the members of the Subdivision Committee (City Engineer,
Community Development Director and Planning Commission Chair) for review and
signature.
(d) Copies of the approved application forms and signed plat maps shall be
forwarded to the property owner(s) and/or representative, once final action has been
taken by the Subdivision Committee.
15.05.050 Recordation with County Recorder.
All approved Lot Line Adjustments and Lot Consolidations shall be recorded with
the Marin County Recorder's Office. Prior to recordation, the property owner(s) and/or
representative shall submit to the City Engineer, a copy of the deed that has been
prepared for the adjustment or consolidation.
32
Chapter 15.06
Subdivision Design Standards and Miscellaneous Requirements
Sections:
15.06.010
Purpose.
15.06.020
Utilities and Services.
15.06.030
Lots.
15.06.040
Lot Access.
15.06.050
Street Classifications and Requirements.
15.06.060
Street Names.
15.06.070
General Design Conditions for Streets.
15.06.080
Sidewalks and Pedestrian Pathways.
15.06.090
Street Lighting.
15.06.100
Street Trees.
15.06.110
Grading and Drainage.
15.06.120
Fire Protection Measures.
15.06.130
Undergrounding of Utilities.
15.06.140
Watercourse, Creek and Wetland Protection.
15.06.150
Environmental Subdivisions.
15.06.160
Conditions, Covenants & Restrictions.
15.06.010 Purpose.
The purpose of this chapter is to establish standards and requirements that are to
be met in the design, approval and development of all subdivisions.
15.06.020 Utilities and Services.
No subdivision of land into two (2) or more lots or parcels for the purpose of
development shall be approved by the City unless it is determined that the following
utilities and services can be provided:
(a) Water Service. Domestic water service for all new lots or parcels shall be
provided by the Marin Municipal Water District (MMWD).
(b) Wastewater aitd Sewage Disposal. Wastewater and sewage disposal for
all new lots or parcels shall be provided by either the San Rafael Sanitation District or the
Las Gallinas Valley Sanitary District, depending upon the property location. The
creation of an individual on-site septic system intended to serve a new lot or parcel shall
be prohibited.
(c) Gas and Electric Service. Gas and electric service for all new lots or
parcels shall be provided by the Pacific Gas & Electric Company (PG & E).
(d) Communication Services. Telephone and cable television service shall be
available to all new lots or parcels.
33
15.06.030 Lots.
The following standards and requirements shall apply to all new lots or parcels
created in a subdivision:
(a) Minimum Lot Size. The minimum lot size shall be based on compliance
with the zoning provisions of Title 14 (Zoning) and the densities allowed under the San
Rafael General Plan or applicable specific plan or neighborhood plan. In hillside areas,
lot sizes shall comply with the minimum size requirements of Chapter 15.07 (Standards
for Hillside Subdivisions) of this title.
(b) Lot Dimensions and Depth. Except as approved as part of a Planned
Development (PD) District, established in accordance with the provisions of Title 14
(Zoning), the minimum depth of a lot shall be three times its average width.
(c) Lot Numbering. All lots or parcels created for the purpose of development
shall be assigned a lot number (e.g., numerical) on the Final Map or Parcel Map. All lots
or parcels that are created for common use and ownership by an association of owners/
homeowner's association or are intended for use other than for development purposes
shall be designated with a letter (e.g., "A") rather than a lot number.
(d) Panhandle/Flag Lots. Panhandle or flag lots are lots that are served by a
strip of land that is used primarily for gaining access to a major portion of the lot or
parcel. The creation of new panhandle or flag lots shall be permitted only when the
following conditions can be met:
(1) The panhandle shall not be included in calculating the minimum
required square footage of the lot or parcel;
(2) The lot shall meet all of the requirements of the zoning district
within which it is located;
(3) The panhandle shall not be used to determine the minimum
required front yard setback. The front yard setback shall be measured from the property
line that is parallel and nearest to the public street; and
(4) Access to a public street shall be over land under the same
ownership as the lot, and shall not be over an easement granted by an adjacent property
owner.
When considering the approval of a panhandle lot, the City may impose more
stringent spatial standards than normally required, such as increased setbacks, to promote
privacy, health and safety.
15.06.040 Lot Access.
(a) Access to public street. Except as approved as part of a Planned
Development (PD) District, established in accordance with the provisions of Title 14
34
(Zoning), or, except as approved per subsection (b) below, all lots or parcels created shall
have frontage on a public street meeting the minimum requirements of this chapter for
pavement and right-of-way widths.
(b) Approval of access over private right-of-way or private street. New lots
or parcels proposed with access over a private right-of-way or private street, shall require
the approval of the Planning Commission. An application for access over a private right-
of-way or private street shall include a development plan showing alignment, width,
grade and material specifications of any proposed private right-of-way, the topography
and means of access to each lot and the drainage of the subdivision. In considering the
proposed access over a private right-of-way or street, the Planning Commission shall not
approve the access unless it finds that such access will not be detrimental to the health,
safety and welfare of the existing residents or future residents and that the design of the
improvements is adequate to provide access for emergency service vehicles. Approval of
such access shall be conditioned to require that appropriate measures be implemented
which guarantee permanent maintenance of the private driveway.
15.06.050 Street Classifications and Requirements.
Determination of street classifications shall be as indicated in the San Rafael
General Plan. The following classifications are defined and the requirements are
established for all new public streets:
(a) Arterials (major streets). Minimum right-of-way: eighty-six (86) feet in
commercial areas and eighty (80) feet in residential areas. Minimum pavement width:
sixty (60) feet in commercial areas and fifty-six (56) feet in residential areas.
(b) Collectors (secondary streets). Minimum right-of-way: sixty (60) feet.
The Planning Commission may require up to eighty (80) feet where the street may
become a major street at some future date. Minimum pavement width: forty (40) feet.
(c) Local streets. Minimum right-of-way: sixty (60) feet. Minimum
pavement width: forty (40) feet.
(d) Limited Service Residential streets. Streets which serve four (4) or fewer
residential dwelling units or lots. Minimum right-of-way: forty (40) feet. Minimum
pavement width: twenty-four (24) feet.
(e) One-way streets. Streets that are designed for one-way travel only.
Minimum right-of-way: thirty (30) feet. Minimum pavement width: twenty (20) feet.
(f) Single -access (Cul-de-sac) streets. Minimum right-of-way: fifty (50) feet.
Minimum pavement width: thirty-six (36) feet. Single -access streets shall not exceed
three hundred fifty (350) feet in length, unless designed to connect with a secondary
emergency access road, approved by the Fire Marshal and the City Engineer.
35
(g) Hillside streets. Streets developed in hillside areas where property slopes
are over twenty-five percent (25%). All new streets in hillside areas shall comply with
the requirements of Section 15.07.030 (Standards for Hillside Subdivisions) of this title.
(h) Private streets. Private streets shall meet all public street standards for
road pavement and right-of-way width.
(i) Designated Bicycle Routes. Where a bicycle route is designated by the
San Rafael General Plan or the other City -adopted plan, the bicycle route shall be
required and constructed as part of the public street or public right-of-way improvements.
Additional public street right-of-way and curb -to -curb pavement widths may be required
to accommodate the bicycle route based on route classification.
Notwithstanding the narrower street widths allowed for hillside areas pursuant to
Chapter 15.07 of this title, narrower street widths can be considered in other areas where
it can be demonstrated by the subdivider, that the reduced width is unquestionably
justified due to site constraints, neighborhood character, the limited number of lots served
by the street and probable future traffic along the street. Requests for reduced street
widths shall require the approval of an exception, consistent with the provisions and
findings of Section 15.01.120 of this title. Increased widths may be required where
streets are to serve commercial or industrial property, or where probable traffic
conditions warrant such.
15.06.060 Street Names.
(a) New Street Names. Street names shall be required for all new public and
private streets. The process for the selection and approval of new street names shall be as
follows:
(1) Street names shall be selected by the subdivider and submitted for
review and approval at the time of the Tentative Map review process.
(2) The proposed street names shall be reviewed by the Community
Development Department, Fire Department, Police Department and Public Works
Department. The selected street names shall be approved by the Planning Commission at
the time of Tentative Map review.
(b) Changing Existing Street Names. Changing an existing street name, shall
require the following process:
(1) The requested street name shall be reviewed by the Community
Development Department, Fire Department, Police Department, Public Works
Department and the U.S. Postal Service.
(2) A street name change shall require the approval of the City
Council. City Council approval shall be by resolution.
36
(3) Upon City Council approval of the street name change, the
Community Development Department shall inform all City departments, the U.S. Postal
Service, effected agencies and utility services and local mapping services of the name
change.
15.06.070 General Design Conditions for Streets.
(a) All streets shall, as far as practicable, be in alignment with existing
adjacent streets by continuation of the center lines.
(b) Streets shall be required to intersect one another at an angle as near to a
right angle, as is practicable in each specific case.
(c) Where necessary to give access to or permit a satisfactory future
subdivision of adjoining land, streets shall extend to the boundary of the property and the
resulting dead-end streets may be approved without a turnaround provided that control of
access across such dead-end street shall be vested in the City. In all other cases a
turnaround having a minimum radius of forty feet shall be required.
(d) Intersection corner rounding. Whenever a major street intersects any other
street or highway, the property lines at each block corner shall be rounded with a curve
having a radius of not less than thirty feet. On all other street intersections the property
line at each block corner shall be rounded with a curve having a radius of no less than
twenty-five (25) feet. In either case, a greater curve radius may be required if streets
intersect other than at right angles.
(e) Curve radius. The center line curve radius on all streets and highways
shall conform to accepted engineering standards of design and shall be subject to
approval by the City Engineer.
(0 Grades of streets and highways. No street or highway shall have a grade
of more than twelve (12) percent, unless, because of topographical conditions or other
exceptional conditions, the City Engineer determines that a grade in excess of twelve
percent is necessary, provided that such grade not exceed eighteen (18) percent.
(h) Connections between private vehicular accessways and public streets shall
be by a standard commercial driveway connection, unless an alternative is approved by
the City Engineer.
(i) Vertical concrete curbs and gutters or concrete valley gutters shall be
installed to convey storm water runoff. Rolled curbs shall not be allowed.
0) Private vehicular accessways shall be identified as a "private street." A
signpost to which is attached a sign having a size of at least fifteen inches (15") by
twenty-one inches (21") shall be installed at or near the entrance of each intersection of a
private vehicular accessway with a dedicated public street. The name of the accessway
shall be placed on this sign in clearly legible four -inch (4") letters. The sign shall also
37
have painted, in at least one -inch (1") letters "Private property. Not dedicated for public
use or maintained by the City of San Rafael."
15.06.080 Sidewalks and Walkways.
(a) Requirement and width. Sidewalks and walkways shall be required along
both sides of new public or private streets and incorporated into the right-of-way width
requirements specified in Section 15.06.050 of this chapter. Sidewalks along streets
intended for residential use shall be a minimum of four (4) feet in width, while sidewalks
along streets intended for commercial or industrial use shall be a minimum of six (6) feet
in width. All sidewalks and walkways shall be designed to comply with the requirements
of the Americans with Disability Act (ADA).
(b) Waiver. The installation of sidewalks on one or both sides of a new street
may be waived by the Planning Commission, with the recommendation of the City
Engineer, if it is determined that:
(1) The street is to serve a limited number of lots where the sidewalks
are deemed unnecessary; or
(2) Topographic conditions make it impractical to install a sidewalk
without excessive grading and that such sidewalk would not necessarily be used because
of the topography; or
(3) The subdivision is located in an area where the streets are not
developed with sidewalks or walkways.
15.06.090 Street Lighting.
Street lighting shall be required on all new public or private streets proposed to
serve a new subdivision. The type and design of the street light standard shall comply
with the approved list of street light standards on file with the Public Works Department.
The spacing between and placement of street light standards shall be determined by a
photometric study, prepared by a lighting consultant and approved prior to the
recordation of a Final Map or Parcel Map.
15.06.100 Street Trees.
Street trees shall be required on all new public or private streets proposed to serve
a new subdivision. Unless selected from a City -approved street tree list, the species,
spacing and placement of street trees shall be approved by the Department of Community
Development and the Public Works Department. All street trees shall be installed at a
minimum size of 24 -inch box with a two-inch caliper trunk and shall include root barriers
and/or at -grade screens, in accordance with the City specifications. Depending upon tree
species, street trees shall be planted at thirty (30) foot centers.
15.06.110 Grading and Drainage.
All subdivisions shall be designed and improved to provide proper grading,
drainage and erosion and sediment control. All subdivisions shall comply with the
38
provisions of the Uniform Building Code for design of grading and the conveyance of
drainage and stormwater runoff and shall comply with Best Management Practices
(BMPs). The following design standards shall be required:
(a) Grayling. Grading required for a subdivision shall meet the following
standards:
(1) Grading shall be designed to create a natural appearance to the
extent possible. Graded slopes shall be designed to transition to adjacent properties so as
to limit abrupt changes in topography.
(2) Graded slopes shall not exceed two to one (2:1), unless the City
Engineer determines that a steeper slope is justified to minimize the amount of grading or
to reduce potential tree removal and, where it is determined that the soil and geologic
conditions are suitable for and capable of accommodating a steeper slope.
(3) The finished lot grading shall provide a building site and usable
yard area that is compatible with the surrounding pattern of development.
(4) Retaining walls and/or stepped foundations shall be encouraged in
areas to reduce grading and tree removal. Retaining walls shall not exceed eight (8) feet
in height, unless approved by the City Design Review Board.
(b) Drainage. All new lots created by subdivision action pursuant to this title
shall be graded to drain to a public or private street. Lot grading shall not be designed so
that runoff is directed to another lot or to adjacent property unless it is authorized by
agreement, deed or easement. The City Engineer may require or allow alternative
drainage patterns as may be reasonably necessary to avoid excessive grading, or grading
which results in significant height differential at the property line.
(c) Erosion and Sedinient Control. An erosion control plan shall be required
for all subdivisions resulting in grading or earth movement. This plan shall be submitted
with and shall accompany the subdivision improvement plans, and shall incorporate the
following:
(1) A narrative text describing the on-site conditions, timing schedule
for grading, the timing for installation of the erosion and sediment control measures, the
type of measures and a maintenance program.
(2) The type of and specifications for the erosion and sediment control
measures. These measures shall include but not be limited to seeding slopes, installation
of temporary dikes and swales, placement of straw bales and filter fences, outlet
protection, grass -line swales and the installation of sediment retention structures.
39
(3) A site plan identifying where the specific erosion and sediment
control measures are to be installed and where surplus supplies are to be installed for
emergency use or replacement.
(d) Stormwater Pollution Prevention Plan (SWPPP). An SWPPP shall be
required for all subdivisions of land where the total land area is five (5) acres or greater.
The City Engineer may require a SWPPP on subdivision sites of less than five (5) acres,
where such sites are located in environmentally -sensitive areas, are in hillside areas, or
are adjacent to a watercourse, creek or wetland.
(e) Stormwater Discharge. Where stormwater discharge from a subdivision
is subject to the requirements of one or more National Pollution Discharge Elimination
System (NPDES) permits, all conditions and requirements of such permit(s) shall be
required as a condition of grading permit approval. Proof of an NPDES permit approval
by the State Water Resources Control Board or the Regional Water Quality Control
Board shall be submitted to the City Engineer prior to the issuance of a grading permit for
subdivision improvements.
15.06.120 Fire Protection Measures.
Fire protection measures may be required for the subdivision of land, as
determined by the Fire Marshal. Such measures shall be required as a condition of
Tentative Map approval and constructed or installed concurrent with the installation of
required subdivision improvements. Fire protection measures shall include but not be
limited to the following:
(a) Fire hydrants. Fire hydrants, together with adequate water mains to serve
the hydrants, shall be located along all new public or private streets, as recommended by
the Fire Marshal. Fire hydrants shall be located so that the maximum spacing between
hydrants does not exceed four hundred (400) feet. The type and size of fire hydrant shall
be determined by the Fire Marshal at the time of Tentative Map approval.
(b) Fire breaks and vegetation clearance zones. Fire breaks and vegetation
clearance zones may be required for subdivisions located adjacent to undeveloped land or
open space or in hillside areas.
(c) Compliance with Uniform Fire Code. The Fire Marshal may require
additional fire protection measures to conform to the Uniform Fire Code, as adopted by
the City.
15.06.130 Undergrounding of Utilities.
All utility distribution facilities, including but not limited to electric (carrying
normal voltage of less than 35,000 volts), gas, communication and cable television lines,
installed and for the purpose of supplying service to a subdivision creating lots for
development, shall be placed underground, except as follows:
40
(a) Equipment appurtenant to or servicing underground facilities such as pad -
mounted terminal boxes and meter cabinets, and concealed ducts. Transformers shall be
placed underground, unless above -grade placement cannot be avoided or underground
placement is not practical.
(b) Poles supporting high voltage wires, switches and transformers, if
determined by Pacific Gas and Electric Company (PG &E) that such services cannot be
practically placed underground.
(c) In any subdivision, including industrial subdivisions, where topography,
soil, or other conditions or constraints make such requirement unreasonable or
impractical, the Planning Commission may permit the installation of metal poles
supporting only high voltage wires, switches, transformers and street lights.
15.06.140 Watercourse, Creeks and Wetland Protection.
All new subdivisions shall comply with the City of San Rafael General Plan
policies and Title 14 (Zoning) provisions encouraging the protection of watercourses,
creeks and wetlands. When the land to be subdivided includes or is adjacent to a
watercourse, creek or wetland, and such resource is to be preserved and protected,
setbacks shall be established, as required by City policies and standards. All setbacks
required for the protection of such resources shall be included on and recorded with the
Final Map or Parcel Map, consistent with Chapter 15.10 (Easements and Restrictions) of
this title.
15.06.150 Environmental Subdivisions.
Subdivisions of land for biotic and wildlife purposes shall be processed and
approved consistent with the provisions of Section 66418.2 of the Subdivision Map Act.
15.06.160 Conditions, Covenants & Restrictions.
The subdivider shall prepare Conditions, Covenants and Restrictions (CC & Rs)
when the subdivision proposes private improvements such as private streets or utilities, or
when lots or parcels that are proposed for common ownership among the lot owners
within the subdivision, or when an association of property owners or homeowners is to be
formed to oversee the subdivision. The City review and approval process for CC & Rs
shall be as follows:
(a) Draft Conditions, Covenants & Restrictions. Draft CC & Rs shall be
prepared and submitted with a Tentative Map application. The Draft CC & Rs shall be
reviewed by the Community Development Department and the City Attorney's Office.
The preparation, City approval and recordation of Final CC & Rs shall be made a
condition of Tentative Map approval.
(b) Final Condition, Covenants & Restrictions. Final C C & Rs shall be
prepared and submitted with the filing of a Final Map or Parcel Map. The City
Attorney's Office shall review and approve the final C C & Rs prior to recordation with
the Marin County Recorder's Office.
41
(c) Enforcement. C C & Rs recorded for a subdivision are not enforced by the
City of San Rafael. While the City shall have the authority and role to review and
approve such documents, enforcement shall lie with the subdivision homeowners
association or the property owners within the subdivision.
42
Chapter 15.07
Standards for Hillside Subdivisions
Sections:
15.07.010 Objectives.
15.07.020 Lot Design Standards.
15.07.030 Street, Driveway and Parking Standards.
15.07.010 Objectives.
The goals and policies of the San Rafael General Plan and adopted specific plans
and neighborhood plans, seek to protect public health and safety by minimizing hazards,
including seismic and landslide risks, soil erosion, and fire danger associated with
development on steep and/or unstable slopes. Additionally, plan policies encourage
preservation of natural hillside features and the development of hillside site design
standards. The standards for the design of subdivisions on slopes over twenty-five
percent (25%) are intended to implement these objectives by requiring that lots in hillside
subdivisions realistically relate to the natural topography of the land by limiting grading
and retaining much of the natural terrain. The standards also implement plan policies by
relating density to site constraints and to City design policies. Additionally, in the case of
substandard streets, these provisions seek to assure adequate emergency access by
providing additional on-site parking.
15.07.020 Lot Design Standards.
(a) General. The standards listed below shall be utilized to evaluate the lot
configuration of all applications proposed in hillside areas where slopes are over twenty-
five percent (25%). In addition to the Zoning Ordinance requirements in effective in the
area, any lot created after 1989 (Ordinance No. 1561) shall meet the density criteria and
contain at least the minimum lot width and area, as related to the applicable San Rafael
General Plan land use plan designation and its natural topographical slope as set forth in
the following tables. Lower densities and larger lot sizes may be required where
potentially hazardous conditions or special natural features occur or, where development
would be highly visible to the neighborhood or community. In no instance can the
density exceed that allowed by the Zoning district.
Table 15.07.020A
HILLSIDE RESOURCE RESIDENTIAL LAND USE DESIGNATION
(0.1-0.5 units per gross acre)
Percent of slope Dwelling Unit Per Min. Lot Size Avg. Lot Width
Gross Acre
0-10
.5
2 acres
150 feet
10-20
.4
2 acres
150 feet
20-30
.33
2 acres
150 feet
30-40
.25
2 acres
150 feet
Over 40
.2
2 acres
150 feet
43
Table 15.07.020B
HILLSIDE RESIDENTIAL LAND USE DESIGNATION
(0.5-2.0 units per gross acre)
Percent of slope
Dwelling Unit Per
Min. Lot Size
Avg. Lot Width
Gross Acre
0-10
2.0
20,000 sq. ft.
100 feet
10-20
1.625
20,000 sq. ft.
100 feet
20-30
1.25
30,000 sq. ft.
100 feet
30-40
0.875
1 acre
150 feet
Over 40
0.5
2 acres
150 feet
Table 15.07.020C
LOW DENSITY LAND USE DESIGNATION
(2-6.5 units per gross acre)
Percent of slope
Dwelling Unit Per
Min. Lot Size
Avg. Lot Width
Gross Acre
0-10
6.5
5,000 sq. ft.
50 feet
10-20
5.375
6,000 sq. ft.
50 feet
20-30
4.25
7,500 sq. ft.
60 feet
30-40
3.125
10,000 sq. ft.
75 feet
Over 40
2.0
20,000 sq. ft.
100 feet
(b) Calculation of average slope. For the purpose of this chapter, average
slope shall be calculated before grading using the following formula:
S =.002291L
A
where .00229 is the conversion factor for square feet; "S" is the average percent of slope;
"I" is the contour interval in feet; "L" is the summation of length of the contour lines in
scale feet; and "A" is the area of the parcel in acres.
For parcels over five (5) acres in size, the subdivider has the option of calculating
the amount and location of land falling into each slope category. At the time of
application filing, the subdivider shall submit a base topographical map of the subject site
that has been prepared and signed by a registered civil engineer or licensed land surveyor.
The topographic map shall have a scale of not less than one inch (1") equal to two
hundred feet (200') and a contour interval of not more than five feet (5') provided that the
contour interval may be ten feet (10') when the slope is more than twenty percent (20%).
A uniform contour interval shall be used on all maps. This base topographical map shall
include all adjoining properties within one hundred fifty feet (150') of the site
boundaries. Slope bands in the range of zero to ten percent (0-10%), twenty to thirty
percent (20-30%), thirty to forty percent (30-40%) and forty percent (40%) or greater
44
shall include, or be accompanied by, a tabulation of the land area in each slope category
specified in acres. The exact method for computing the percent slope and area by percent
slope category should be sufficiently described and presented so that a review can readily
be made.
(c) Development and lot clustering. For clustered developments or where it
can be demonstrated that adequate access exists, a lot with lesser width and area than
required by the percent of slope specified in this chapter may be allowed where it furthers
the goals of the Hillside Resource Residential Design Guidelines Manual and reduces
project impacts, provided that the overall project density is consistent with the slope
tables. No lot shall be less than the minimum required by the Zoning Ordinance.
(d) Environmental and Design Review Permit requirement. Any lot in a
major or minor subdivision created for the purpose of development, where the percent of
slope is over twenty-five percent (25%) shall require a major Environmental and Design
Review Permit, processed consistent with the provisions of Title 19 (Zoning) of the
municipal code. This permit application shall be reviewed by the Design Review Board
and approved by the Planning Commission to assure that such lots and the subdivision
design comply with the following General Plan criteria as implemented through the
Hillside Resource Residential Design Guidelines Manual:
impacts;
(1) Subdivision grading minimized;
(2) Avoids highly visible hillsides and ridgeline development;
(3) Preserves hillsides as visual backdrop;
(4) Steep slopes avoided;
(5) Clustering of development to be utilized to minimize visual
(6) Tree preservation maximized;
(7) Minimizes removal of natural vegetation;
(8) More hazardous/unstable portions of site avoided;
(9) Mitigates geotechnical site constraints or conditions when needed;
(10) Buildings achieve hillside design quality; and
(11) Preserves or protects unique or special natural features of the site,
such as rock outcroppings, mature vegetation, landforms, creeks, drainage courses,
hilltops or ridgelines.
45
(e) The following reports and maps shall be prepared prior to Tentative Map
approval in order to insure that the subdivision design is consistent with the San Rafael
General Plan:
(1) A geotechnical investigation prepared consistent with the
Geotechnical Review Matrix shall be conducted.
(2) A drainage report prepared in accordance with the requirements
outlined in the Hillside Resource Residential Design Guidelines Manual.
(3) A biological survey, which classifies portions of the site by their
degree of risk of plant communities from wildland fires and establishes guidelines for
development in riparian and watershed areas.
(4) An arborist/forester's report consistent with the requirements
outlined in the Hillside Resource Residential Design Guidelines Manual shall be prepared
which establishes guidelines for the preservation of significant trees.
(5) A grading and erosion control plan consistent with the
requirements outlined in the Hillside Resource Residential Design Guidelines Manual
shall be prepared.
(6) A building envelope shall be established for each lot consistent
with the Hillside Resource Residential Design Guidelines Manual.
15.07.030 Street, Driveway and Parking Standards.
(a) Narrower street widths (acceptable to the City Engineer and other City
departments) can be approved when it will reduce grading impacts and the number of
lots, topography, and the level of future traffic development justifies the reduction.
Twenty-five feet (25') is the minimum width requirement for a public street.
(b) Each lot shall have a private driveway, the grade of which shall not exceed
eighteen percent (18%), with adequate provision for ingress and egress. With a
supportive recommendation from the Design Review Board and City departments, an
exception may be granted to allow grooved driveways with a grade of eighteen to twenty-
five percent (18-25%), when it will result in a project which has fewer impacts on
grading, trees and views.
(c) Each lot created on substandard City streets and all private streets shall
provide a minimum of two (2) off-street, independently accessible guest parking places
for each dwelling unit intended to be developed on the lot. These parking spaces shall
not be located on the driveway apron. These spaces shall be conveniently placed relative
to the dwelling unit they serve. This requirement may be waived or reduced when the size
or shape of the lot or the need for excessive grading make the requirement infeasible.
46
(d) No private street leading to a private driveway on a lot shall exceed a
grade of eighteen percent (18%).
47
Chapter 15.08
Dedications and Reservations
Sections:
15.08.010 Purpose.
15.08.020 Frontage Improvements and Dedications along Public Streets.
15.08.030 Public Facilities Needed to Serve Subdivision.
15.08.040 Public Access to Public Resources.
15.08.050 Reservations for Purchase of Sites for Public Facilities.
15.08.010 Purpose.
Pursuant to the provisions of the Subdivision Map Act and the requirements of
this title, certain dedications and reservations can be required by the City as a condition
of Tentative Map approval. The purpose of this chapter is to establish the minimum
requirements for such dedications and reservations.
15.08.020 Frontage Improvements and Dedications along Public Streets.
The installation of street frontage improvements and land dedication for such
improvements shall be required for all subdivisions resulting in the creation of lots or
parcels along an existing public street or for a new public street proposed as part of the
subdivision. The extent of the improvements and amount of land area required for
dedication shall be determined by the City Engineer and required as a condition of
Tentative Map approval. The dedication and improvement requirements under this
section shall include but not be limited to: a) City designated bicycle routes and paths;
and b) local transit facilities, such as bus turnouts, where such facilities will directly
benefit the residents or employees of the subdivision.
15.08.030 Public Facilities Needed to Serve Subdivision.
Where it is determined, through study during Tentative Map review, that the
estimated population of a subdivision will result in the need for new public facilities such
as, but not limited to parks, fire stations, and police stations, the City may require the
subdivider to develop and dedicate such facilities.
15.08.040 Public Access to Public Resources.
Pursuant to Sections 66478.1 through 66478.14 of the Subdivision Map Act,
public access shall be provided to a public resource, such as a public waterway (river,
stream or bay shoreline), when a lot or parcel created by subdivision is proposed
contiguous to such a resource. The nature, extent and design of such public access or the
need to provide such access shall be based on site conditions and constraints and the
presence and proximity of other similar access to the public resource in the area.
15.08.050 Reservations for Purchase of Sites for Public Facilities.
(a) Requirement. With the exception of a park site, where a fire station,
library, or other public facility has been designated for the land subject to subdivision in
the San Rafael General Plan or pertinent specific plan or neighborhood plan, the City
48
shall have cause to require the reservation of a site for such purpose(s). This site
reservation shall be of a size and configuration that is suitable for the planned use. The
amount of land to be reserved shall not render the subdivision and development of the
remaining land held by the subdivider economically unfeasible. The land reservation
shall be required as a condition of Tentative Map approval.
(b) Procedure and payment. At the time of Final Map approval for
recordation:
(1) The City shall enter into an agreement with the subdivider, which
reserves the site for purchase by the City for a period of two (2) years following
completion and acceptance of the subdivision improvements, unless such period of time
is extended by mutual agreement;
(2) A purchase price for the reserved site shall be established based on
fair market value, at the time of Tentative Map filing, which shall be incorporated into
the agreement between the City and the subdivider.
(3) If, after two (2) years following the completion and acceptance of
the subdivision improvements, the City does not purchase the reserved site, the
reservation shall terminate and revert back to the subdivider.
(c) Not applicable. The provisions of this section do not apply to minor
subdivisions of four (4) or fewer lots, nor do they address or apply to parkland dedication
required for a subdivision of land. Parkland dedication requirements shall be met
consistent with the provisions of Chapter 15.09 of this title.
49
Chapter 15.09
Park Dedication and In -Lieu Fees
Sections:
15.09.010
Purpose.
15.09.015
Requirements.
15.09.020
General Standard.
15.09.025
Formula for Dedication of Land.
15.09.030
Formula for Fees In -lieu of Land Dedication.
15.09.035
Criteria for Requiring Both Dedication and Fee.
15.09.040
Amount of Fee In -lieu of Land Dedication.
15.09.045
Determination of Fair Market Value.
15.09.050
Determination of Land or Fee.
15.09.055
Credit for Private Recreation Facility.
15.09.060
Disposition of Fees.
15.09.065
Exemptions.
15.09.070
Subdivider Provided Park and Recreation Improvements.
15.09.075
Access.
15.09.080
Sale of Dedicated Land.
15.09.085
Development Agreement.
15.09.010 Purpose.
This chapter is enacted pursuant to Section 66477 of the Subdivision Map Act and
the general police power of the City of San Rafael. The park and recreational facilities
for which dedication of land and/or payment of a fee is required by this chapter are
consistent with the Recreation Element of the San Rafael General Plan.
15.09.015 Requirements.
(a) At the time of approval of the Tentative Map for a residential subdivision,
the approving body shall determine the land required under this chapter for dedication, or
the amount of in -lieu fees pursuant to Section 15.09.030.
(b) The park land dedication or in -lieu fee that is required to meet the
provisions of this chapter shall be imposed as a condition of approval on the Tentative
Map.
(c) At the time of Final Map or Parcel Map approval for recordation, the
subdivider shall dedicate land, pay a fee in lieu thereof, or a combination of both, at the
option of the City, for neighborhood and community park or recreational purposes at the
time and according to the standards and formula contained in this chapter.
15.09.020 General Standard.
It is found and determined that the public interest, convenience, health, welfare,
and safety require that three (3) acres of property for each one thousand (1,000) persons
residing within the City be devoted to neighborhood and community park and
50
recreational purposes in accordance with the Recreation Element of the San Rafael
General Plan. The three (3) acres is justified by the existing ratio of three (3) acres of
neighborhood and community parks in the City, as calculated in the San Rafael General
Plan.
15.09.025 Formula for Dedication of Land.
(a) Where a park or recreation facility has been proposed or designated in the
Recreation Element of the San Rafael General Plan or applicable adopted specific plan or
neighborhood plan, and is to be located in whole or in part within the boundaries of the
property proposed for subdivision, to serve the immediate and future needs of the
residents of the subdivision, the subdivider shall dedicate land for a local park sufficient
in size and topography to serve the present and future needs of the residents of the
subdivision. The amount of land to be provided shall be determined pursuant to the
following formula:
(1) The formula for determining acreage to be dedicated shall be as
follows:
DUs x Pop x 3 acres = minimum
DU 1,000 population acreage dedication
where
DUs = Number of new dwelling units within the proposed subdivision
Pop = Persons per dwelling unit
DU
New "dwelling unit" as used in this section means a structure designed or
used for residential occupancy, including, but not limited to single and multiple
dwellings, apartment houses and mobile homes but not including hotels, motels and
boarding houses for transient guests.
The following parkland dedication table has been established pursuant to
Section 66477(a)(2) of the Subdivision Map Act.
Parkland Dedication Formula Table
Dwelling Citywide Average Parkland Required Parkland
Type Persons per DU Standard sq. footage
per DU
All 2.5 (2000 census) 1000 residents 300
(2) Population per dwelling unit shall be based upon the latest federal
census citywide average. In 2000, the Citywide average was 2.5 persons per dwelling
unit.
51
(b) Dedication of the land shall be made in accordance with the procedures
contained in this title.
(c) For the purposes of determining the amount of land or in -lieu fee required
by this section, the number of new dwelling units shall be based upon the number of
parcels or lots indicated on the Tentative Map, when in an area zoned for one dwelling
unit per parcel; the number of new condominium dwelling units in the case of a
condominium project; or the number of dwelling units approved when all or part of the
subdivision is located in an area zoned for more than one dwelling unit per parcel. The
term "new dwelling unit" does not include dwelling units lawfully in place prior to the
date on which the Final Map or Parcel Map is filed for recordation.
(d) The subdivider shall, without credit:
(1) Provide full street improvements and utility connections including,
but not limited to, curbs, gutters, street paving, traffic control devices, street trees, and
sidewalks to land which is dedicated pursuant to this section;
(2) Provide for fencing along the property line of that portion of the
subdivision contiguous to the dedicated land;
(3) Provide improved drainage through the dedicated land; and
(4) Provide other minimal improvements including, but not limited to
removal of debris, clearing of the site and temporary hydro -seeding, which the recreation
director determines to be essential to the acceptance of the land for recreational purposes.
(e) The location, size and configuration of the land to be dedicated and the
improvements to be made pursuant to this section shall be reviewed by the City's Park
and Recreation Commission and approved by the Community Services Director.
15.09.030 Formula for Fees In -lieu of Land Dedication.
(a) General Formula. If there is no park or recreation facility proposed in the
Recreation Element of the San Rafael General Plan, to be located in whole or in part
within the land area proposed for subdivision to serve the residents of the subdivision, the
subdivider shall, in lieu of dedicating land, pay a fee. The fee shall be equal to the value
of the land and improvements, which would have been required for dedication in Section
15.09.025. The value of the land shall be determined in accordance with the provisions
of Section 15.09.045.
(b) Fees In -Lieu of Land, for Fifty ParcelslLots or Less. Consistent with the
provisions of 66477 of the Subdivision Map Act, if the proposed subdivision contains
fifty (50) or fewer parcels or lots, the subdivider shall be required to pay a fee in an
amount determined in accordance with the provisions of Section 15.09.040. However,
when a condominium project, stock cooperative, or community apartment project, as
defined in Section 1351 of the Civil Code, exceeds fifty (50) dwelling units, dedication of
52
land may be required notwithstanding that the number of parcels or lots may be less than
50.
However, nothing in this section shall prohibit the dedication and acceptance of
land for park and recreation purposes in subdivisions of fifty parcels or fewer, where the
subdivider proposes such dedication voluntarily and the land is acceptable to the
approving body.
15.09.035 Criteria for Requiring Both Dedication and Fee.
In subdivisions of more than fifty (50) parcels, the subdivider shall both dedicate
land and pay a fee in lieu thereof in accordance with the following formula:
(a) When only a portion of the land area proposed for subdivision is
designated in the Recreation Element of the San Rafael General Plan as a site for a local
park, such portion shall be dedicated for local park purposes. A fee computed pursuant to
the provisions of Section 15.09.040 shall be paid for the value of any additional land that
would have been required to be dedicated pursuant to Section 15.09.025.
(b) When a major part of the local park or recreation site has already been
acquired by the City and only a small portion of land area for the park is needed from the
subdivision site to complete the park, such remaining portion shall be dedicated and a fee
computed pursuant to provisions of Section 15.09.040 shall be paid in an amount equal to
the value of the land not dedicated, such fees to be used for the improvement of the
existing park and recreation facility or for the improvement of other local parks and
recreation facilities in the area serving the subdivision.
15.09.040 Amount of Fee In -lieu of Land Dedication.
(a) When a fee is to be paid in lieu of land dedication, the amount of such fee
shall be based upon the fair market value of the amount of land, which would otherwise
be required for dedication pursuant to Section 15.09.025. The fee shall be determined by
the following formula:
DUs x Pop x 3 acres x FMV of a buildable parkland acre + 20%
DU 1000 people minimum improvement costs
where
DUs = Number of new dwelling units within the proposed subdivision as defined in
Section 15.09.025
Pop = Persons per dwelling unit as defined in Section 15.09.025
FMV = Fair market value per buildable parkland acre as determined by Section
15.09.045
53
Buildable parkland acre = A typical acre of a residential subdivision in San Rafael
with a slope less than 10% and located in other than an area on which building is
excluded because of flooding, easements, or other restrictions.
Minimum improvements costs = The costs associated with providing park land area
improvements identified in Section 15.09.025(d).
(d) Fees to be collected pursuant to this section shall be approved by the
Community Services Director and the Community Development Department.
(e) By resolution, the City Council may adopt a flat, park dedication in -lieu
fee amount for each new dwelling unit created in a residential subdivision. Should a flat
in -fee amount be adopted, it shall be regularly updated based on the current fair market
value of a buildable, parkland acre of land, as required by Section 15.09.045 of this
chapter.
15.09.045 Determination of Fair Market Value.
The fair market value per buildable parkland acre shall be determined by a
licensed appraiser and updated regularly to reflect current land values. The current fair
market value shall be used in determining a specific park in -lieu fee amount per dwelling
unit, as adopted by resolution of the City Council.
15.09.050 Determination of Land or Fee.
Whether the approving body accepts land dedication or elects to require payment
of a fee in lieu thereof, or a combination of both, shall be determined by consideration of
the following:
(a) The compatibility of the land dedication with the San Rafael General Plan;
(b) The natural features, access, and location of land in the subdivision
available for dedication;
(c) The size and shape of the subdivision and land available for dedication;
(d) The feasibility of dedication; and
(e) The location of and proximity to existing and proposed park sites and
trailways.
15.09.055 Credit for Private Recreation Facility.
Credit may be given for private recreation facilities or common, open area in the
subdivision only as hereinafter provided. When private recreation facilities and common
open areas designed to be usable for active recreational purposes are provided in a
proposed planned development, real estate development, stock cooperative, or
community apartment project, as defined in Sections 11003, 11003.1, 11003.2, 11003.4
and 11004, respectively, of the Business and Professions Code, or condominiums, as
54
defined in Section 783 of the Civil Code, partial credit, not to exceed fifty percent, may
be given against the requirement of land dedication or payment of fees in lieu thereof if
the City finds that it is in the public interest to do so and that the following standards are
met:
(a) Yards adjacent to each residential unit, setbacks, and other open areas
required by the zoning and building ordinances and regulations shall not be included in
the computation of such private recreation area; and
(b) Private park and recreation facilities shall be owned by a homeowners'
association composed of all property owners in the subdivision and being an incorporated
nonprofit organization capable of dissolution only by a one hundred percent affirmative
vote of the membership, operated under recorded land agreements through which each lot
owner in the neighborhood is automatically a member, and each lot is subject to a charge
for a proportionate share of expenses for maintaining the facilities, or subject to a
covenant running with the land requiring continued operation by the developer or owner;
and
(c) Use of the private park and recreation facilities are restricted for park and
recreation purposes by recorded covenant which runs with the land in favor of the future
owners of the property and which cannot be defeated or eliminated without the consent of
the city or its successors; and
(d) The proposed private park and recreational facilities are designed for
active use, and are reasonably adaptable for use for park and recreation purposes,
including recreational community gardening, children's play apparatus areas, picnic
areas, hiking, jogging, and bicycle trails and paths, or landscaped exercise areas, taking
into consideration such factors as size, shape, topography, geology, access, and location;
and
(e) The facilities that are proposed are in substantial accordance with the
provisions of the Recreation Element of the San Rafael General Plan; and
(f) Open space land intended for the protection of environmentally sensitive
areas or to protect views and ridgetops or hillside areas not suitable for active recreation
use shall not be credited, regardless if passive recreation use (trails, pedestrian access) is
allowed in these areas; and
(g) The private facilities for which credit may be given must be a minimum of
one acre and with at least three of the local park basic elements listed below, or a
combination of such and other recreation improvements that will meet the specific
recreation needs of future residents of the area:
Elements Acres
1. Children's play apparatus area .50 to .75
2. Landscape park -like with quiet areas .50 to 1.00
55
3. Family picnic area .25 to .75
4. Game court area (tennis, badminton, basketball,
etc.) .25 to .50
5. Turf playfield (< 5% slope) 1.00 to 3.00
6. Swimming pool (with adjacent deck and lawn
areas) .25 to .50
7. Recreation center building .15 to .25
Before credit is given, the City shall make written findings that the above
standards are met.
(h) The determination of the City as to whether credit shall be given and the
amount of credit shall be final and conclusive.
15.09.060 Disposition of Fees.
(a) Fees determined pursuant to Section 15.09.040 shall be paid to the City
and shall be deposited into the subdivision park trust fund, or its successor. Money in the
fund, including accrued interest, shall be expended solely for acquisition, development,
or rehabilitation of park land, or improvements related thereto.
(b) The City shall develop and maintain a schedule specifying where, when
and how it will use the dedicated land, in -lieu fees or both to develop park and
recreational facilities to serve the residents of the subdivision.
(c) Collected fees shall be committed within five years of receipt of payments
or within five years after the issuance of building permits on one half of the lots created
by the subdivision, whichever occurs later. If such fees are not committed, these fees,
less an administrative charge, shall be distributed and paid to the then record owners of
the subdivision in the same proportion that the size of their lot bears to the total area of all
lots in the subdivision.
(d) The City Finance Director shall report annually to the City Council on
income, expenditures, and status of the subdivision park trust fund, as part of the annual
City budget.
15.09.065 Exemptions.
The following are exempted from the provisions of this chapter:
(a) Subdivisions containing four (4) or fewer parcels or lots that are not used
for residential purposes; provided, however, that a condition shall be placed on the
approval of such Tentative Map that if a building permit is requested for construction of a
residential structure or dwelling units on one or more of the parcels or lots, the in -lieu fee
shall be required to be paid by the property owner of each such parcel or lot, as a
condition to the issuance of such permit;
(b) Commercial or industrial subdivisions;
56
(c) Condominium projects or stock cooperatives which consist of the
subdivision of airspace in an existing apartment building which is more than five years
old and no new dwelling units are added.
(d) The approving body may, upon receipt of a written request, waive the
requirements of Chapter 15.09 for those dwelling units which are to be approved and
built as below market rate (BMR) units, as defined by the San Rafael General Plan.
15.09.070 Subdivider Provided Park and Recreation Improvements.
The value of park and recreation improvements in addition to those required by
Section 15.09.025(d) shall be credited against the fees and/or dedication of land required
by this chapter provided that:
(a) The subdivider shall apply to the Community Services Director for
permission to construct such improvements;
(b) If permission is granted, the Community Services Director, in consultation
with the Department of Public Works, shall determine the dollar value of the
improvements.
15.09.075 Access.
All land offered for dedication for public park or recreational purposes, shall have
access to at least one existing or proposed public street. This requirement may be waived
by the City Council if the City Council determines that public street access is unnecessary
for the maintenance of the park area or use thereof by residents.
15.09.080 Sale of Dedicated Land.
If during the ensuing time between dedication of land for park purposes and
commencement of first -stage development, circumstances arise which indicate that
another site would be more suitable for local park or recreation purposes serving the
subdivision and the neighborhood (such as receipt of a gift of additional park land or a
change in school location), the land may be sold upon the approval of the City Council,
with the resultant funds being used for purchase of a more suitable park site. Should the
City decide to dispose of the property, the subdivider or his successor shall have a right
of first refusal to purchase the property at fair market value.
15.09.085 Development Agreement.
Except as expressly prohibited by Section 66477 of the Subdivision Map Act, the
terms and procedures contained in this chapter may be waived or modified by a
development agreement adopted pursuant to Section 65864 et seq. of the California
Government Code.
57
Chapter 15.10
Easements and Restrictions
Sections:
15.10.010
Objectives.
15.10.020
Easements.
15.10.030
Restrictions.
15.10.040
Recordation of Easements and Restrictions.
15.10.010 Objectives.
Easements and recorded restrictions are often required in the design of a
subdivision in order to address specific issues ranging from property and utility access to
the protection of environmental resources. The objective of this chapter is to establish
the standards for which these measures are applied to map applications and approvals
subject to the provisions of this title.
15.10.020 Easements.
(a) Requirement for Easement. An easement shall be required when a
portion of land area subject to division or adjustment under this title, is proposed to be
reserved for a specific use, improvement or access by a party or entity other than the
underlying lot owner.
(b) Required size. Easement sizes and widths shall vary based on their
purpose and necessity, with the minimum standards established as follows:
(1) An easement established for the purpose of providing public or
private utility, sanitary sewer and drainage improvements shall be not less than ten feet
(10') in width.
(2) Easements for overhead wire lines may be required at the rear of
all lots, except where alleys are available, and in contiguous locations to permit
anchorage, line continuity, ingress and egress and shall not be less than ten feet (10') in
width.
(3) Easements established for the purpose of providing public or
private pedestrian access shall not be less than five feet (5') in width.
(4) Easements established for the purpose of providing public or
private vehicular access shall not be less than fifteen feet (15') in width.
(c) Dedication of easements to the City. Dedication of easements shall be to
the City of San Rafael for the purpose of installing utilities, planting strips and for other
public purposes as may be ordered or directed by the City Council.
58
(d) Limitations. Easements shall not be required or recorded for the purpose
of restricting the use of all or a portion of land subject to division or adjustment under
this title. Refer to Section 15.11.030 (Restrictions) of this chapter.
15.10.030 Restrictions.
(a) Requirement for- restriction. A restriction shall be required when the use
of a portion of land area subject to division or adjustment under this title, is proposed to
be restricted or prohibited. Examples of land area subject to restrictions include but are
not limited to public or private open space, conservation or permanent non -development
areas.
(b) Protection of environmental resources. A restriction may be required on a
portion of land area subject to division under this title, for the purpose of protecting
environmental resources such as bay lands, wetlands, creeks, ridge lines, woodlands and
wildlife corridors. The requirement for such a restriction shall be based on map
application compliance with the goals and policies of the San Rafael General Plan and
pertinent, adopted specific area or neighborhood plan, compliance with the provisions of
the other titles of the municipal code, or as required by environmental mitigation.
15.10.040 Recordation of Easements and Restrictions.
For divisions of land (major or minor subdivisions), easements and restrictions
shall be recorded by map and deed, as required by subsections (a) and (b) below. For lot
line adjustments or consolidations, easements and restrictions shall be recorded by deed
or other similar instrument, as required by subsection (b) below.
(a) Recordation on map. The limits and boundaries of all easements and
restrictions required for the division of land under this title, shall be identified on the
Final Map (for major subdivisions) or on a Parcel Map (minor subdivision). The map
shall identify the purpose and recipient of the easement and/or the purpose of the
recorded restriction.
(b) Recordation by deed or other similar instrument. All easements and
restrictions created for the division or adjustment of land under this title shall be recorded
by property deed or other similar instrument. A copy of the easement or restriction shall
be filed with the City at the time of filing a Final Map or Parcel Map for divisions of land
or at the time of recording a deed or similar instrument for a lot line adjustment or
consolidation.
59
Chapter 15.11
Subdivision Improvements and Securities
Sections:
15.11.010
Purpose.
15.11.020
Information on and Form for Improvement Plans.
15.11.030
Review and Approval by City Engineer.
15.11.040
Deposit or Plan Check and Inspection Fees.
15.11.050
Subdivision Improvement Agreements Between City and
Subdivider.
15.11.060
Securities - Form.
15.11.070
Amount of Security.
15.11.080
Reimbursement of City — Refunds.
15.11.090
General Standards and Approval.
15.11.100
General Requirements for Installation of Improvements.
15.11.110
Verification of Utilities and Services.
15.11.120
Monuments.
15.11.130
Time Limits for Completion of Improvements.
15.11.140
Post Construction "As -built" Plan Set Drawings.
15.11.150
Release of Securities.
15.11.010 Purpose.
The purpose of this chapter is to establish regulations and general requirements
for preparing plans and providing securities when on-site or off-site subdivision
improvements are proposed or required as a condition of subdivision map approval.
15.11.020 Information on and form for Improvement Plans.
Improvement plans shall be prepared for all on-site or off-site subdivision
improvements that are proposed or required as a condition of subdivision map approval.
Improvement plans shall be prepared by a registered civil engineer and submitted for City
Engineer review as part of the Final Map or Parcel Map review process. The form and
contents of the improvement plans shall be as follows:
(a) Improvement plans shall include, but not be limited to, grading,
stormwater drainage, landscaping, retaining wall construction, streets and related
facilities. Improvement plans may also include improvements for environmental
mitigation, as required by subdivision map approval.
(b) Plans, profiles and details shall be legibly drawn on a sheet size not to
exceed 24 inches by 36 inches in size. Each sheet shall have a title block and adequate
space for the signature or wet -stamp of the preparer (registered civil engineer) and for
approval by the City Engineer.
(c) The scale of the plans, profiles and details shall be 1" = 40' or larger,
unless approved by the City Engineer.
60
(d) A vicinity map and north arrow.
(e) Supplementary plans and calculations including, but not limited to
hydrologic calculations, structural calculations, and construction specifications, as
determined appropriate and necessary by the City Engineer.
15.11.030 Review and Approval by City Engineer.
Pursuant to Sections 15.02.150 and 15.03.130 of this title, upon receipt of the
improvement plans, the City Engineer shall have 60 calendar days to review and approve
the subdivision improvement plans and supportive documents. Once the improvement
plans have been reviewed and corrections or revisions have been submitted to the City,
the City Engineer shall provide the appropriate written approval or certification on the
improvement plan set.
15.11.040 Deposit of Plan Check and Inspection Costs.
(a) Upon filing the improvement plans with the City Engineer, the subdivider
shall file a cash deposit with the City, to cover the cost for City plan checking services.
(b) Prior to the construction or installation of the approved improvements, or
prior to the approval of a Final Map or a Parcel Map for which there is a requirement to
construct or install on-site or off-site improvements, whichever occurs first, the
subdivider shall deposit with the City, in cash, the full amount of the cost of inspection to
be made by the City in accordance with a scale of fees, which shall be set by resolution of
the City Council.
15.11.050 Subdivision Improvement Agreement Between City and
Subdivider.
(a) Requirement for Subdivision Improvement Agreement. The execution of a
Subdivision Improvement Agreement between the City and the subdivider shall be
required in the event the subdivider chooses to defer installation or construction of on-site
or off-site improvements to a specified time frame following the approval and recordation
of the Final Map or Parcel Map. Should the approved on-site or off-site improvements be
installed prior to the approval and recordation of a Final Map or Parcel Map, execution of
such an agreement shall not be necessary.
(b) Form and content of Subdivision Improvement Agreement. In the event a
Subdivision Improvement Agreement is to be executed, the agreement shall be prepared
by the City Engineer, with the form and content acceptable to the City Attorney. The
agreement shall be prepared and signed by the City Engineer and subdivider prior to City
Council approval of a Final Map for recordation or prior to the recordation of a Parcel
Map. The Subdivision Improvement Agreement shall include the following terms and
conditions:
(1) Construction and installation of all improvements in accordance
with the approved improvement plans and specifications on file with the City.
61
(2) Completion of improvements within a time frame as required by
Section 15.11.130 of this chapter, and provisions for an extension of time therein
specified.
(3) The ability for the City to complete and recover the full cost for all
approved improvements, in the event the subdivider fails to perform in accordance with
the approved plans or fails to complete the improvements within the specified time frame.
(4) Securities needed to cover the cost of construction and installing
the improvements and appropriate fees, consistent with the provisions of Section
15.11.06 of this chapter.
(5) Terms for progress payments to the subdivider, from any deposit
money which the subdivider may have made in lieu of providing a surety bond, as
provided by the provisions of this chapter; provided, however, that no such progress
payment shall be made for more than ninety percent of the value of any installment of
work and provided that each such installment of work shall be completed to the
satisfaction of the City Engineer.
(6) Maintenance and repair or replacement of any defects or failures in
the improvements as constructed or installed.
(7) A term releasing and indemnifying the City from any and all
liability incurred by the improvements and payment of all attorney fees that the City may
incur because of any legal action taken against the subdivider.
(8) The ability for the City Engineer to require changes to the
approved plans during the course of constructing either public or privately maintained
improvements for the purpose of correcting deficiencies in the plans or to respond to
unanticipated field conditions.
15.11.060 Securities - Form.
Securities shall be required for all Subdivision Improvement Agreements that are
executed for the purpose of ensuring the construction or installation of on-site or off-site
improvements. Such securities shall be guaranteed and posted prior to the approval and
recordation of the Final Map or Parcel Map. Securities shall be in the form of cash,
performance bond or letter of credit, as follows:
(a) Faithful performance bond. The subdivider may file a bond to cover the
cost of said improvements, and incidental expenses and to cover replacements damaged
in the development of the subdivision. Such bond shall be executed by a surety company
authorized to transact a surety business in the State of California and must be satisfactory
to and be approved by the City Attorney as to form and by the City Engineer as to
sufficiency.
62
(b) Letter of Credit. The subdivider may file an instrument of credit or a
certificate of deposit from one or more financial institutions subject to regulation by the
State or Federal government. This instrument or certificate shall be deposited in the
name of the City of San Rafael and held for the purpose of carrying out the terms of the
Subdivision Improvement Agreement.
(c) Cash. In lieu of a performance bond or letter of credit, the subdivider may
deposit with the City cash money in an amount fixed as aforesaid by the City Engineer.
15.11.070 Amount of Security.
The minimum amount of security that is posted shall be as follows:
(a) A minimum of 100% of the cost of constructing and completing the
approved improvements, as determined and approved by the City Engineer; and
(b) An additional amount of 50% of the cost of construction and completion
of the approved improvements to cover the cost of labor and to guarantee payment to the
subdivider's contractor or subcontractors.
(c) An additional amount may be required to provide funds for any guarantees
or warrantees of work performed under the terms of the agreement.
The security amount shall be based on the estimated improvement costs, as
approved by the City Engineer and shall include a 10% contingency amount and an
increase for projected inflation. Pursuant to Section 66499.4 of the Subdivision Map Act,
bond enforcement costs may be included in the amount of the security, which may
include attorney fees.
15.11.080 Reimbursement of City - Refunds.
In the event the subdivider fails to complete all improvement work in accordance
with the provisions of this title and the City shall have completed same, or if the
subdivider fails to reimburse the City for incidental expenses, and to cover cost of
replacement and repair of existing streets or other improvements damaged in the
development of the subdivision, the City shall call on the surety for reimbursement, or
shall appropriate from any cash deposits funds for reimbursement. In any such case, if
the amount of performance bond or cash deposit shall exceed all cost and expense
incurred by the City, it shall release the remainder of such bond or cash deposit and if the
amount of the performance bond or cash deposit shall be less than the cost and expense
incurred by the City, the subdivider shall be liable to the City for such difference.
15.11.090 General Standards and Approval.
All on-site and off-site improvements required by and/or approved by the City
shall be constructed or installed in accordance with the following general standards:
(a) All improvements hereinafter mentioned shall conform to those required
in the "Standard Subdivision Improvement Specifications" prepared by the City
63
Engineer, and adopted by the City Council, copies of which are on file in the office of the
Department of Community Development.
(b) Improvement work shall not commence until plans and profiles for such
work have been prepared by a registered civil engineer and have been submitted to and
approved by the City Engineer.
(c) Improvement work shall not commence until the City Engineer has been
notified in advance and if work has been discontinued for any reason, it shall not be
restarted until the City Engineer has been notified.
(d) All required improvements shall be constructed under the inspection of
and to the approval of the City Engineer.
(e) It shall be the responsibility of the subdivider that all underground utilities,
sanitary sewers and storm drains installed in streets, service roads, alleys or highways
shall be constructed prior to the surfacing of the street, service road, alley, or highway.
Service connections for all underground utilities and sanitary sewers shall be placed to
such length as will obviate the necessity for disturbing the street or alley improvements
when service connections thereto are made.
(f) The subdivider shall complete all improvement work in accordance with
the provisions of this title and to the approval of the City Engineer.
15.11.100 General Requirements for Installation of Improvements.
The subdivider shall install improvements in accordance with the general
requirements set forth in this section provided that the City Engineer may require changes
in details if unusual conditions arise during constriction to warrant such change in the
interests of the City.
(a) Inundation. If any portion of any land, within the boundaries shown on
any Final Map or Parcel Map, is subject to overflow, inundation or flood hazard by storm
waters, the area shall be clearly shown on the map and shall be enclosed in a border on
each sheet of the map. Adequate storm drain system and/or levees, dykes and pumping
systems shall be provided, and if fill is used in tideland areas it shall be placed to a
minimum elevation of plus nine (9) feet U.S.C. & G.S. Datum.
(b) Streets and Highways. All streets and highways shall be graded and paved
to cross sections and grades approved by the City Engineer. The subdivider shall improve
the extension of all subdivision streets, highways, or public ways to the intercepting
paving line of any county road, city street, or state highway.
(c) Improvement of Unimproved Streets. Whenever a proposed subdivision,
or a proposed additional unit of an existing subdivision, or any part thereof, does, or will,
front on a public street which has not been improved to the standards required by this title,
the subdivider shall, at his own expense and to the standards required by this title, improve
64
to its full width, or such part less than its full width as the Planning Commission
determines, the portion of the street upon which the frontage does, or will exist, if the
Planning Commission, from a consideration of the proposed subdivision, or the additional
units, the present and future development of the general area, present and potential
population factors affecting the subdivision or additional unit and the neighborhood
generally, increased traffic, safety and other needs of the proposed subdivision or
additional unit, and the welfare of the inhabitants thereof and in the general neighborhood,
finds that the improvement of the portion of the street, in accordance herewith, as a
condition precedent to the approval of any map required by this title of the subdivision, or
additional unit, is reasonably required for the protection of the public health, safety and
general welfare.
(d) Structures. Structures shall be installed, as deemed necessary by the City
Engineer, for drainage, access and/or public safety. The structures to be placed to grades
and to be of a design approved by the City Engineer.
(e) Sewers. Sanitary sewer facilities connecting with the existing city sewer
system shall be installed to serve each lot and to grades, locations, design and sizes
approved by the City Engineer. No septic tanks or cesspools will be permitted.
(f) Drainage. Drainage facilities shall be installed as required by the City
Engineer.
(g) Water. Water mains and fire hydrants including design, layout and
locations shall be approved by the City Engineer and Fire Marshal, connecting to the
water system serving the City of San Rafael.
(h) Railroad Crossings. Provision shall be made for any and all railroad
crossings necessary to provide access to or circulation within the proposed subdivision,
including the preparation of all documents necessary for application to the California State
Public Utilities Commission for the establishment and improvement of such crossings.
The cost of the railroad crossing improvements shall be borne by the subdivider.
(h) Street Signs. Street signs shall be installed at all intersections when and as
required and approved by the City Engineer.
(i) Underground Municipal Duct. An underground duct for emergency
municipal use maybe required to be installed separately or in conjunction with the
installation of underground utilities.
0) Street Lighting and Street Trees. Street lighting and street trees shall be
installed as required under Section 15.06.10 and 15.06.11 of this title.
65
15.11.110 Verification of Utilities and Services.
Prior to authorization by the City Engineer to commence with subdivision
improvements, the subdivider shall submit to the City a copy of a "will -serve" letter or a
written agreement for service from the pertinent utility and service districts.
15.11.120 Monuments.
(a) Permanent iron pipe monuments of a type approved by the City Engineer
shall be set at intersections of all street center line tangents and at the beginning and end
of center line curves and/or offsets of the center lines. The exact location of all the
monuments shall be shown on the Final Map or Parcel Map.
(b) One permanent elevation bench mark of a type approved by the City
Engineer shall be set at a convenient location in the public street area of each subdivision.
(c) Any monument or bench mark, as required by this title, that is disturbed or
destroyed before acceptance of all improvements shall be replaced by the subdivider.
(d) Monuments and benchmarks shall be set before final approval of the
subdivision improvements will be granted.
15.11.130 Time Limits for Completion of Improvements.
All on-site and/or off-site improvements shall be completed by the subdivider and
inspected and approved by the City Engineer within twenty-four (24) months of the
execution date of the Subdivision Improvement Agreement. The subdivider can request
an extension of time to complete the improvements, provided that this extension does not
exceed an additional twelve (12) months and the request for extension is filed one month
prior to the expiration date of the Subdivision Improvement Agreement.
15.11.140 Post Construction "As -built" Plan Set Drawings.
Upon completion of the improvements and City Engineer inspection and approval
of the improvements, the subdivider shall submit one plan set of "as -built," mylar
improvement plans, which shall be maintained on file with the Department of Public
Works along with the recorded Final Map or Parcel Map.
15.11.150 Release of Securities.
All security that has been posted to guarantee completion of approved
improvements shall be released upon completion of the improvements and final
inspection and approval by the City Engineer. The release of securities shall be
implemented pursuant to the provisions of Section 66499.7 of the Subdivision Map Act.
This release may not apply to any and all securities that are posted for guarantees or
warranties, provided for in the Subdivision Improvement Agreement.
66
Chapter 15.12
Condominiums
Sections:
15.12.010 Purpose.
15.12.020 Applicability.
15.12.030 Subdivision Map.
15.12.040 Compliance with Title 14 (Zoning).
15.12.050 Property Owners' Association.
15.12.060 Recreational Facilities, Residential Condominiums.
15.12.070 Noise Attenuation, Residential Condominiums.
15.12.080 Conversion of Residential Rental Units to Condominiums.
15.12.010 Purpose.
Condominium ownership of property creates a unique distribution and/or
aggregation of property rights and responsibilities among a number of persons, which is
not inherent in other types of property ownership. It is recognized that the distribution
and aggregation can result in a diminution of the rights and responsibilities. The purpose
of this chapter is to set forth condominium development standards to insure that such a
diminution does not occur and to:
(a) Encourage quality development, which will not contribute to the
deterioration of the neighborhood in which the condominium property is located or the
community at large;
(b) Encourage the provision of a variety of ownership types;
(c) Encourage a development pattern based upon good land planning
principles, including compatibility with the neighborhood in which the condominium
property is located; and
(d) Insure that the conversion of existing developments to condominium
ownership be consistent with the protection of the health, safety and general welfare of
the future occupants of the condominium and will not result in the depletion of valuable
residential rental unit.
15.12.020 Applicability.
(a) All condominiums constructed or converted after September 5, 1974, shall
comply with the provisions of this chapter prior to the sale of any condominium unit.
(b) For the purpose of enforcing and implementing this chapter, the term
"condominium" shall refer to the definition for "condominium," as provided for in
Chapter 15.18 (Definitions) of this title. The term condominium shall be defined to
include a community apartment project and stock cooperative.
67
15.12.030 Subdivision Map.
All condominiums of two (2) or more units shall be subject to Planning
Commission approval of a Tentative Map filed in accordance with this title.
15.12.040 Compliance with Title 14 (Zoning).
All condominiums shall comply with the provisions of Title 14, Zoning, for the
Zoning district in which the condominium is located. In the event that development
standards stated in Title 14 conflict with the development standards stated in this chapter,
the more restrictive standard shall apply.
15.12.050 Property Owners' Association.
(a) For all condominiums, a property owners' association shall be established
by recordation of the following:
(1) Articles of incorporation of the association;
(2) Declaration of covenants, conditions and restrictions (CC & Rs);
(3) Bylaws of the association.
(b) Included in the recorded documents specified in (a) above shall be
provision for, at least, but not limited to, the following:
(1) Any amendment or modification to the documents, as approved by
the City, must have the approval of the City prior to completion of the amendment or
modification.
(2) Except where maintained by a public utility agency, all on-site
property improvements, including common areas, vehicular accessways, sewers, storm
drains, street lighting, and fire prevention water systems, shall be maintained at the full
expense of the association. The City shall be responsible for maintenance of only those
facilities located within a public right-of-way, which have been offered for dedication
and accepted by the City.
(3) In the event that the maintenance responsibilities of the association
are not fulfilled, the City shall have the power to enforce such maintenance. In so doing,
the City may enter and/or repair accessways and other improvements when necessary to
protect the health, safety and general welfare of the citizens. The City shall have the right
to recover all costs incurred by collection as a property tax assessment shared on a pro
rate basis by all parcels or lots within the condominium development.
(4) A sinking fund shall be established to the satisfaction of the City
Engineer for the maintenance and repair of all commonly owned structures, mechanical
equipment, and open space and landscaped areas.
(5) The purchaser of a condominium unit shall be informed in writing,
prior to purchase, of insurance, which is unavailable as a result of condominium
ownership. The association shall be responsible to facilitate insurability when necessary.
(6) Each buyer shall sign an acknowledgement stating he or she has
read the articles of incorporation, the bylaws of the property owners' association and the
conditions, covenants and restrictions applying to the development.
(7) The City shall not be party to or have any enforcement power over
individual property owner compliance of the declaration of covenants, conditions and
restrictions, including the by-laws of the association. Enforcement over violations of
these recorded documents shall be the responsibility of the property owner's association.
15.12.060 Recreational Facilities, Residential Condominiums.
All residential condominium developments shall be designed to include the
following recreational facilities:
(a) Community center or recreational center buildings shall be provided
within the development.
(b) Bicycle and pedestrian paths shall be provided through the open, common
areas of the development.
(c) Common areas for outdoor, active and passive recreation shall be provided
in central locations throughout the development.
For small residential condominium developments, these recreational facility
requirements may be reduced or waived based on development size, location and
physical property conditions. Should a waiver from these requirements be requested by
the subdivider, an exception to the provisions of this title shall be filed and processed
consistent with Section 15.01.120 of this title.
15.12.070 Noise Attenuation, Residential Condominiums.
All condominiums shall meet the sound transmission control requirements of the
Uniform Building Code.
15.12.080 Conversion of Residential Rental Units to Condominiums.
Applications for conversion of existing residential rental dwelling units to
condominiums, community apartments or stock cooperatives shall comply with the
following provisions of this chapter:
(a) Rental Vacancy Factor. The City shall not approve any application for
conversion of existing residential rental dwelling units to condominiums, community
apartments or stock cooperatives when the Citywide residential rental vacancy rate is less
than five percent (5%).
69
(b) Milestoize for defining conversion for new residential development. For
the purpose of interpreting the provisions of this chapter, new residential units intended
for sale shall be required to secure Tentative Map approval for condominium subdivision
prior to the issuance of a building permit for construction of the new residential
development. All map applications for residential condominium subdivision filed after a
building permit has been issued and construction on the new residential units has
commenced, shall be considered a conversion and shall comply with the provisions of
this section.
(c) Conformance with local plans and ordinances. All developments
proposed for conversion to condominiums shall fulfill all requirements of this chapter and
conform to the General Plan prior to the sale of any unit. No subdivision map entitling
conversion to condominiums shall be approved unless the Planning Commission finds
that the development meets all standards of the current codes and ordinances as they
apply to new construction, except for such requirements which, by the provisions of
Section 15.01.120 (Exceptions), the Planning Commission deems unnecessary to fulfill
the objectives of this chapter.
(d) Physical coizditions report and inspections. All developments proposed
for conversion to condominiums shall be subject to preconversion and postconversion
inspections by the City of all physical property and building improvements. The findings
of the preconversion inspection shall be written into a report to the Planning Commission.
The physical conditions report shall evaluate and compare the condition of the physical
improvements with the requirements of all current codes and ordinances. Physical
improvements to be inspected shall include but not be limited to foundations, walls,
ceilings, roofs, electrical systems, domestic and fire prevention water systems, sanitary
sewer systems, storm drainage systems, vehicular accessways, public utilities,
landscaping and irrigation systems, the condition of all exterior building materials, pest
control and soils/geologic site conditions. The physical conditions report shall include
recommendations for repair and/or improvements, as deemed necessary. Prior to
approval or denial of the proposed conversion, the Planning Commission shall consider
the findings of the physical conditions report and impose conditions for improvements, as
recommended.
(e) Information on present tenants. For all residential rental developments
proposed for conversion to residential condominiums, the subdivider shall provide with
the map application, a written report on the proposed conversion, which includes the
following information:
(1) Length of occupancy of present tenants;
(2) Household composition of present tenants;
(3) Current rents; whether rents include or exclude utilities, date and
amount of last rental increase;
70
(4) Nature of present lease agreements;
(5) Approximate proposed sale price of units, expected monthly
mortgage payments, association and expected financing available to buyers;
(6) Statement of whether tenant occupancy is restricted by age;
(7) A list of the names of all tenants and lessees of the existing
structure, with a verified written statement that notice of the filing of the application for
conversion has been given to each such tenant by mail.
The Planning Commission shall consider this information in its overall
assessment of the proposed conversion and may disapprove a subdivision map if it finds
the conversion will create undue hardships for existing tenants.
(f) Required notices to existing and prospective tenants by subdivider.
Pursuant to Sections 66427.1, 66452.8 and 66452.9 of the Subdivision Map Act, the
subdivider is required to provide the existing and prospective tenants with written notices
during specific milestones in the conversion process. The form and content of this written
notice shall be consistent with the format and content requirements set forth in Sections
66452.8 and 66452.9 of the Subdivision Map Act.
(g) Required notice of public hearing to existing and prospective tenants by
City. The notice of public hearing required per Section 15.02.060 of this title for a
Tentative Map application shall be provided to the existing and prospective tenants.
(h) Moving expenses. The subdivider shall provide moving expenses to all
existing tenants declining an offer to purchase the residential unit. The moving expense
requirement shall be two times the monthly rent charged to the tenant at the time of the
application for conversion. The moving expense shall be paid to the tenant prior to the
vacation of the residential unit.
(i) Compliance with specific physical standards. Residential developments
proposed for conversion to condominium, community apartment or stock cooperative
shall be required to comply with the following physical standards:
(1) Compliance with all building regulations set forth in the latest
version of the Uniform Building Code (UBC), as adopted by the City.
(2) Provisions for fire protection and prevention, as required by the
Fire Marshal. Fire protection and prevention measures shall include but not be limited to
the installation of smoke detectors and the installation and/or updating of fire protection
systems, such as interior sprinkler systems.
(3) Installation of separate gas and electric utility meters for each
residential unit.
71
(4) Each unit shall be provided with a laundry area sized to
accommodate a private washer and dryer. A common laundry area can be provided as an
alternative or supplement, provided that this area is sized to accommodate one washer
and one dryer for every five (5) residential units.
(5) On-site recreation facilities and noise attenuation measures shall be
required, pursuant to Section 15.12.060 and 15.12.070, respectively, of this chapter.
0) Declaration of covenants, conditions and restrictions (CC & Rs). CC &
Rs shall be prepared and submitted, pursuant to the provisions of Section 15.13.05(a)(2)
of this chapter.
(k) Establishment of budget and sinking ficnd. The subdivider shall submit a
detailed budget prepared by a certified accountant, which outlines the estimated, annual
operational expenses of the condominium development. The budget shall be prepared
showing the first five years of operation following conversion. The subdivider shall be
required to provide a sinking fund, which is to ensure funding of the budget for this first
five year period of operation.
(1) Provisions for park dedication fees. All developments proposed for
conversion to condominiums shall be subject to: 1) property development excise tax,
Ordinance No. 1110; and 2) unless exempt per Section 15.09.070(c) of this title, a park
dedication in-lieu fee, as required and determined by Chapter 15.09 of this title.
Developments for which taxes and fees have been paid prior to conversion shall not be
subjected to double payment.
(m) Provisions for below market rate housing. All residential developments
proposed for conversion to condominium, community apartment or stock cooperative
shall be subject to the City's affordable housing requirements established in Title 14
(Zoning).
72
Chapter 15.13
Reversion to Acreage
Sections:
15.13.010
Application.
15.13.020
Initiation by Property Owner of Record.
15.13.030
Initiation by City Council.
15.13.040
Review by City Engineer.
15.13.050
Review and Action by City Council.
15.13.060
Filing with County Recorder.
15.13.010 Application.
Subdivided property that is depicted on a recorded Final Map or Parcel Map may
be reverted to acreage (one parcel) pursuant to the provisions of this chapter and the
Subdivision Map Act. An application to revert subdivided property to acreage can be
initiated by either the property owner of record or by the City.
15.13.020 Initiation by Property Owner of Record.
A Reversion to Acreage can be initiated by the property owner of record
consistent with the petition requirements, set forth in this section. The contents of the
petition shall include the following:
(a) One (1) copy of the currently -issued title report of the real property;
(b) Evidence of the consent of all of the owners of an interest in the property
proposed for reversion;
(c) One (1) print of the approved Tentative Map or Vesting Tentative Map;
(d) A Final Map or Parcel Map, which delineates previously offered and
accepted dedications which will not be vacated and dedications required as a condition to
reversion. The map title shall include the words: "The Purpose of this Map is a
Reversion to Acreage;" and
(e) A filing fee, as required by the City for the processing and plan check
costs necessary to complete and record the Reversion to Acreage.
15.13.030 Initiation by City Council.
A Reversion to Acreage can be initiated by the City Council at the request of any
person, or on its own motion by resolution. Upon adoption of a resolution to initiate
proceedings, the City Council shall direct the City Engineer to obtain the necessary
documents to conduct the proceedings and to file a Notice of Intent to Revert to Acreage
with the Marin County Recorder's office. The Notice of Intent to Revert to Acreage shall
be filed with the Marin County Recorder's Office within 10 days of the City Council's
action to initiate the reversion process.
73
15.13.040 Review by City Engineer.
The City Engineer shall review the petition filed by the property owner of record
and/or all of the documents and materials necessary to complete the Reversion to
Acreage. Upon finding that the documents and materials are complete and correct
consistent with the provisions of this chapter and the Subdivision Map Act, the City
Engineer shall schedule the Reversion to Acreage for City Council consideration.
15.13.050 Review and Action by City Council.
Review and action on a Reversion to Acreage by the City Council shall be subject
to the following:
(a) Public hearing required. The City Council shall hold a public hearing on
the proposed Reversion to Acreage. The public hearing shall be noticed 10 calendar days
prior to the date of the hearing by publication in the local newspaper and to property
owners within 300 feet of the subject property.
(b) Findings required. The City Council must make the following findings
when taking action on a reversion to acreage:
(1) All dedications or offers of dedications to be vacated or abandoned
by the reversion action are deemed unnecessary for present or prospective public
purposes; and
(2) Either, a) all of the owners of an interest in the subject property
have consented to the reversion; b) none of the improvements that were required to be
made have been made within two years from the date the Final Map or Parcel Map was
recorded or within the time frame allowed by agreement, whichever is greater; or c) no
lots on the Final Map or Parcel Map have been sold within five years from the date such
map was recorded.
(c) Imposing conditions. The City Council may impose the following
conditions of the reversion action:
(1) Dedications or offers of dedication deemed necessary for the
public interest or as required by the San Rafael General Plan or pertinent specific plan;
and
(2) The retention of all or a portion of previously paid subdivision
fees, deposits or improvement securities if necessary to accomplish the provisions of this
title.
(d) Action by resolution. The City Council shall adopt a resolution
confirming its action to approve, conditionally approve or deny the reversion to acreage.
74
15.13.060 Filing with County Recorder.
Upon City Council approval of the Reversion to Acreage, the City Engineer shall
transmit the Final Map or Parcel Map, together with the City Council resolution
approving or conditionally approving the Reversion to Acreage to the Marin County
Recorder's Office for recordation. The reversion shall be effective upon the Final Map or
Parcel Map being filed for record with the Recorder's Office. Upon filing, all dedications
and offers of dedications not shown on the Final Map or Parcel Map for reversion shall
be of no further force or effect.
75
Chapter 15.14
Certificates of Compliance
Sections:
15.14.010
Request for Determination of Compliance.
15.14.020
Review of Certificate Application.
15.14.030
Criteria for Determining Legal Lots or Parcels
15.14.040
Conditional Approval of Certificate of Compliance
15.14.050
Enforcement of Illegally Created Lots or Parcels
15.14.060
Preparing and Recording Certificates of Compliance
15.14.010 Request for Determination of Compliance.
Any property owner or representative of a property owner may request a
determination as to whether a parcel or lot complies with the provisions of this title and
the Subdivision Map Act. A request for such determination shall be made in the form of
an application for a Certificate of Compliance, which shall be filed with the Department
of Community Development. An application for a Certificate of Compliance shall be
accompanied by the required application and recordation fees, and the following:
(a) A cover letter requesting the issuance of a Certificate of Compliance
including the name and address of current property owner(s) and owner's authorization.
(b) A copy of the most current title report and a chain of title prepared by a
bonafide title company, and any other supportive, historic data, which may be beneficial
in determining the status and origin of the subject lot or parcel.
(c) A copy of the instrument used to create the parcel or lot, showing the date.
(d) A written statement disclosing whether the subject parcel and any
contiguous parcel or lot is undeveloped or developed. If the subject parcel or contiguous
parcel(s) is undeveloped, the written statement shall disclose if the subject parcel and any
contiguous parcel were under common ownership at any time since March 4, 1972.
(e) A topographic map of the subject parcel, including contiguous parcels
when under the same ownership.
(f) A list of any building permits or other City approvals granted to the
property and the dates these permits and approvals were issued.
15.14.020 Review of Certificate Application.
Upon application filing, the Department of Community Development shall review
the application materials and forward these materials to the City Engineer for review and
comment. This review shall determine if the lot or parcel for which a Certificate of
Compliance is being requested was legally created for land development purposes. This
76
determination shall be based on the criteria established in Section 15.15.030 of this
chapter.
15.14.030 Criteria for Determining Legal Lots and Parcels.
The following criteria shall be implemented for the purpose of determining legal
lots and parcels:
(a) Any lot or parcel presented on a Final Map or a Parcel Map filed for
record shall constitute a legal lot. This Final Map or Parcel Map shall serve as a
Certificate of Compliance for the purposes of enforcing and implementing this chapter.
(b) Any lot or parcel not created as a result of a Final Map or Parcel Map filed
for record may be presumed to be lawfully created under certain conditions. This
determination shall be based on compliance with the provisions of Section 66412.6 of the
Subdivision Map Act, as amended from time to time. Property owners of such parcels or
lots of land affected by the provisions of this subdivision shall be required to obtain a
Certificate of Compliance or a Conditional Certificate of Compliance, pursuant to the
requirements of this title, prior to obtaining a permit or other grant of approval for
development of the subject parcel or lot.
15.14.040 Conditional Approval of Certificate of Compliance.
(a) If the City determines that a parcel or lot was legally created, a Certificate
of Compliance may be issued but no conditions can be applied to the issuance of this
certificate.
(b) If the City determines that a parcel or lot was not legally created for
development purposes, a Certificate of Compliance can be granted with conditions
requiring improvements, subject to the following:
(1) Only those improvements or conditions that would have been
applicable to the division of the property at the time the current property owner of record
acquired interest in the property, and which had been established at such time by the
Subdivision Map Act or a City ordinance. The City may also impose those
improvements or conditions as would be applicable to a current division of the property if
it is determined that the applicant was the owner of record at the time of the initial
creation of the subject parcel or lot.
(2) Any improvement required as a condition of the certificate must be
constructed or installed at the time a permit or other grant of approval for development of
the parcel or lot is issued by the City. The property owner shall not be required to
construct or install such improvements at the time of certificate recordation.
15.14.050 Enforcement of Illegally Created Lots or Parcels.
If the City determines that a parcel or lot does not meet the provisions of this
chapter and was created in violation of the provisions of this title, the City may issue and
record the Certificate of Compliance, but shall have cause to proceed with the filing of a
77
Notice of Intent to file a Notice of Violation, provided for in Chapter 15.16.05 of this
title.
15.14.060 Preparing and Recording Certificates of Compliance.
(a) Upon the completion of review of the application and determination as to
the status of the lot or parcel in question, the Department of Community Development
shall prepare the Certificate of Compliance consistent with the requirements set forth in
Section 66499.35 of the Subdivision Map Act. The certificate shall identify the real
property, shall state how the lot or parcel complies with the provisions of this title and the
Subdivision Map Act, and shall include any conditions, if applicable. The Certificate of
Compliance shall be presented to the City Engineer for signature.
(b) Upon signing the Certificate of Compliance, the City Engineer shall have
cause to file it with the Marin County Recorder's Office.
78
Chapter 15.15
Merger of Substandard Lots
Sections:
15.15.010 Merger required.
15.15.020 Required noticing and public hearings.
15.15.010 Merger required.
Two (2) or more contiguous parcels or units of land held by the same property
owner of record shall be deemed merged if:
(a) At least one (1) of the contiguous parcels or units of land does not
conform to standards for minimum parcel size, as determined by the most restrictive of
the following:
(1) Minimum parcel size of five -thousand (5,000) square feet and was
not created in compliance with applicable laws and provisions of this title in effect at the
time of its creation; or
(2) Minimum parcel size of the Zoning District in which it is located;
or
(3) Minimum parcel size as modified by the slope density provisions
contained in this title;
(b) At least one (1) of the contiguous parcels or units of land is not developed
with a building for which a building permit has been issued by the City or which was
built prior to the time such permits were required, or is developed with an accessory
structure(s), or is developed with a single structure other than an accessory structure that
is also partially sited on a contiguous parcel or lot; and
(c) With respect to any affected parcel or lot, one or more of the following
exists:
(1) The parcel or lot is inconsistent with the pertinent policies of the
San Rafael General Plan and applicable, adopted specific plan or neighborhood plan,
other than policies adopted establishing minimum lot size or density standards.
(2) The parcel or lot does not have legal access adequate for vehicular
and safety equipment access and maneuverability.
(3) The parcel or lot does not meet slope stability standards or current
standards for sewage disposal and domestic water supply and development of such parcel
would create a health or safety hazard.
79
15.15.020 Required noticing and public hearings.
(a) Notice of Intent. Whenever the Department of Community Development
or the City Engineer has knowledge that real property has merged pursuant to this
chapter, a notice of intent to determine status shall be mailed, by certified mail, to the
current property owner of record. Simultaneously, a copy of the notice of intention shall
be recorded with the Marin County Recorder's Office. The preparation, content and
deadline dates for response cited in this notice shall follow the procedures set forth in
Sections 66451.13 through 66451.14 of the Subdivision Map Act.
(b) Public hearing to determine status. At any time within 30 days following
the recording of the notice of intention to determine status, the property owner of record
may file with the City, a request for a public hearing on the determination of the status.
Upon receipt of this request, the City shall schedule a date and time for a public hearing
with the City Council.
(c) Recording Notice of Merger. If, after reviewing supporting evidence, the
City determines that real property is merged based on the provisions in this chapter, the
City Engineer shall proceed with a recordation of a Notice of Merger. The preparation
and recordation of a Notice of Merger shall follow the same procedures for a Notice of
Violation, as set forth in Section 66499.36 of the Subdivision Map Act.
80
Chapter 15.16
Violations and Enforcement
Sections:
15.16.010 Compliance.
15.16.020 Voidability of Conveyance.
15.16.030 Denial of Permits for Development.
15.16.040 Notice of Intent to Record Notice of Violation.
15.16.050 Notice of Violation.
15.16.010 Compliance.
It shall be unlawful for any person to divide any parcel of land or lot without first
complying with this title and the Subdivision Map Act.
15.16.020 Voidability of Conveyance.
(a) Any deed of conveyance, sale or contract to sell real property which has
been divided, or which has resulted from a division of land, in violation of the provisions
of this title or the Subdivision Map Act, is voidable at the sole option of the grantee,
buyer or person contracting to purchase, any heir, personal representative, or trustee in
insolvency or bankruptcy within one year after the date of discovery of the violation. The
deed of conveyance, sale or contract to sell is binding upon any successor in interest of
the grantee, buyer or person contracting to purchase, other than those above enumerated,
and upon the grantor, vendor or person contracting to sell, or his/her assignee, heir or
devisee.
(b) Nothing contained in this title shall be deemed to bar any legal, equitable
or summary remedy to which the City of San Rafael or other political subdivision, or any
person, firm or corporation may otherwise be entitled in the Superior Court of the County
of Marin to restrain or enjoin any attempted or proposed subdivision or sale in violation
of this title.
15.16.030 Denial of Permits for Development.
The City of San Rafael shall not issue a permit or grant any approval necessary to
develop a parcel or lot which has been divided or which has resulted from the division, in
violation of the provisions of this title and the Subdivision Map Act if it finds that
development of the parcel or lot is contrary to the public health or safety. The authority
to deny a permit or approval for development of said parcel or lot shall apply whether the
applicant was the property owner of the parcel or lot at the time of the violation or
whether the applicant is the current owner of the real property, with or without actual or
constructive knowledge of the violation at the time of the acquisition of interest in the
parcel or lot.
15.16.040 Notice of Intent to Record Notice of Violation.
(a) Notice of Intent to Record Notice of Violation. If the Department of
Community Development or the City Engineer has knowledge that real property has been
81
divided in violation of the provisions of this title or the Subdivision Map Act, a Notice of
Intent to record a Notice of Violation shall be mailed by certified mail to the current
property owner of record. The Notice of Intent shall describe the real property in
question, the name of the property owner of record, a description of the violation and a
statement offering the property owner to present evidence.
(b) Public hearing to present supporting evidence. The Notice of Intent shall
specify the date, time and place for a public hearing with the City Council, for which the
property owner of record may present evidence to the City as to why a Notice of
Violation should not be recorded. The public hearing shall be held no sooner than thirty
(30) calendar days and no later than sixty (60) calendar days from the date of the mailing.
If, within 30 calendar days of the property owner's receipt of the Notice of Intent, the
property owner fails to notify the City objecting to the recording of a Notice of Violation,
the City Engineer shall have the authority to proceed to record the notice. If the public
hearing is held and supporting evidence is presented, the City Council shall proceed as
follows:
(1) If, after reviewing the supporting evidence, the City Council
determines that the real property in question has, in fact, been illegally subdivided, the
City Engineer shall be directed to proceed with the recordation of a Notice of Violation.
(2) If, after reviewing the supporting evidence, the City Council
determines that there is no violation, the City Engineer shall be directed to prepare this
determination, in writing, to the property owner. The written notification may include a
recommendation for the property owner to request a Certificate of Compliance, as
provided for in Chapter 15.14 of this title.
15.16.050 Notice of Violation.
A Notice of Violation shall be recorded as required by and pursuant to the
procedures set forth in Section 66499.36 of the Subdivision Map Act. The City Engineer
is designated as the official to perform all required procedures for recording a Notice of
Violation.
82
Chapter 15.17
Corrections, Amendments and Modifications
Sections:
15.17.010 Purpose.
15.17.020 Application and Process for Correction to Recorded Map.
15.17.030 Application and Process for Modification to Recorded Map.
15.17.040 Recording Corrections and Modifications.
15.17.010 Purpose.
The purpose of this chapter is to establish a process for approving and recording
corrections or modifications to previously recorded maps. Section 66469 to 66470 of the
Subdivision Map Act authorize this procedure as follows:
(a) A recorded Final Map or Parcel Map may be corrected or amended
through either the preparation and filing of a Certificate of Correction or an amending
map.
(b) A recorded Final Map or Parcel Map may be modified through the
preparation and filing of an amended Final Map or Parcel Map, subject to the approval of
either the Planning Commission or the Subdivision Committee, depending upon which
official body approved the Tentative Map.
15.17.020 Application and Process for Correction to Recorded Map.
(a) Any property owner, representative of the property owner or the
subdivider may request to correct a recorded map. Such a request shall be made in the
form of an application filed with the Department of Community Development. An
application for a Certificate of Correction or an amended map shall be accompanied by
the required application and recordation fee, ten (10) copies of the amended map, and a
statement of purpose for the correction. The Certificate of Correction or the amended
map shall be prepared in accordance with that prescribed by the Subdivision Map Act.
(b) Upon receipt of the application, the Department of Community
Development shall distribute copies of the request to correct or amend the recorded map
to City departments and pertinent agencies for review and comment. These City
departments and agencies shall be given fifteen (15) days to review and submit written
comments and recommendations on the application.
(c) Upon the completion of review of the application, the Department of
Community Development shall forward the Certificate of Correction or the amended map
to the City Engineer for review and action. The City Engineer shall approve or deny the
application, or may refer the application to the Subdivision Committee or Planning
Commission for action.
(d) Approval by the City Engineer shall be in the form of his or her signature
on the Certificate of Correction or on the face of the amended map. Upon approval, the
City Engineer shall have cause to file it with the Marin County Recorder's Office.
15.17.030 Application and Process for Modification to Recorded Map.
(a) Any property owner, representative of the property owner or the
subdivider may request to modify a recorded map. Such a request shall be made in the
form of an application filed with the Department of Community Development. An
application for a modification shall be accompanied by the required application and
recordation fee, ten (10) copies of the amended Final Map or Parcel Map, and a statement
of purpose for the modification.
(b) Upon receipt of the application, the Department of Community
Development shall distribute copies of the request to modify the recorded map to City
departments and pertinent agencies for review and comment. These City departments
and agencies shall be given fifteen (15) days to review and submit written comments and
recommendations on the application.
(c) Upon the completion of review of the application, the Department of
Community Development shall proceed as follows:
(1) For modifications to a recorded Parcel Map initially approved by
the Subdivision Committee, the Department of Community Development shall provide
public notice to property owners within 300 feet, describing the modification and
allowing a 10 -day period for public review and comment. Following the public review
period, the Subdivision Committee shall approve or deny the modification, based on
findings required for the approval or denial of a Tentative Map, as required in Chapter
15.03 of this title.
(2) For modifications to a recorded Final Map, the Planning
Commission, pursuant to the provisions of this title, shall hold a public hearing to
approve or deny the modification. The Planning Commission's action shall be based on
the findings required for the approval or denial of a Tentative Map, as required in Chapter
15.02 of this title.
15.17.040 Recording Corrections and Modifications.
Upon approval, the City Engineer shall file the Certificate of Correction and
amended map with the Marin County Recorder's Office. As required with the filing of
the original map, the Marin County Recorder's office shall provide the appropriate
documentation, which tracks the corrections, amendments or modifications to the
originally recorded map. Proof of such documentation shall be provided to the City to
ensure that there is constructive notice of the changes that have been recorded.
84
Chapter 15.18
Definitions
Sections:
15.18.010
Advisory Agency (Planning Commission).
15.18.020
Appeal Board (City Council).
15.18.030
"As -Built" Record Plans.
15.18.040
Association.
15.18.050
Building Envelope.
15.18.060
Building Setback.
15.18.070
Certificate of Compliance.
15.18.080
City.
15.18.090
City Engineer.
15.18.100
Common Parcel.
15.18.110
Condominium.
15.18.120
Easement.
15.18.130
Environmental Subdivision.
15.18.140
Final Map.
15.18.150
Improvement.
15.18.160
Improvement Plans.
15.18.170
Lot.
15.18.180
Lot Line Adjustment and Consolidation.
15.18.190
Major Subdivision.
15.18.200
Minor Subdivision.
15.18.210
Merger.
15.18.220
Notice of Intent.
15.18.230
Notice of Merger.
15.18.240
Notice of Violation.
15.18.250
Parcel Map.
15.18.260
Plat Map.
15.18.270
Property Owner.
15.18.280
Record of Survey.
15.18.290
Restriction.
15.18.300
Reversion to Acreage.
15.18.310
Securities.
15.18.320
Stock Cooperative.
15.18.330
Sudivider.
15.18.340
Subdivision.
15.18.350
Subdivision Map Act.
15.18.360
Subdivision Committee.
15.18.370
Subdivision Improvement Agreement.
15.18.380
Tentative Map.
15.18.390
Vesting Tentative Map.
85
For the purpose of enforcing, implementing and interpreting the provisions of this
title, certain terms and words are defined, as set forth in this chapter.
15.18.010 Advisory Agency (Planning Commission).
A designated official or official body charged with the duty of making
investigations and reports on the design and improvement of proposed subdivisions of
real property, the imposing of requirements or conditions thereon, or having the authority
to approve, conditionally approve or disapprove maps subject to this title. The Planning
Commission of the City of San Rafael is hereby designated as the advisory agency with
respect to subdivisions as provided in the Subdivision Map Act.
15.18.020 Appeal Board (City Council).
An official body charged with the duty of hearing and making determinations
upon appeals with respect to divisions of real property, the imposing of requirements or
conditions, or the nature and extent of design or improvements recommended or decided
by the advisory agency. The City Council of the City of San Rafael is hereby designated
as the appeal board with respect to subdivisions as provided in the Subdivision Map Act.
15.18.030 "As -Built" Record Plans.
A reproducible plan prepared after the installation of improvements that
accurately depict the location, line, type, and material of the installed improvements.
15.18.040 Association.
The collective of persons who own a condominium unit or have the right of
exclusive occupancy in a condominium unit in a condominium development, stock
cooperative or a community apartment project. Referred to as "homeowner's
association" for residential condominium projects.
15.18.050 Building Envelope.
A building envelope is that area of a lot or parcel that is designated for the
purpose of identifying and confining the area allowed for lot development activities.
Building envelopes are not to appear on a Final Map or Parcel Map and shall be recorded
by deed describing the meets and bounds of the envelope.
15.18.060 Building Setback.
A building setback is a line indicating the distance that any structure can be
constructed from a property line or right-of-way, which shall not be less than that
required by the Zoning Ordinance (Title 14).
15.18.070 Certificate of Compliance.
A certificate that is issued by the City for the purpose of acknowledging the legal
creation of a parcel of land. This certificate can be issued with or without conditions,
depending upon the status of the parcel.
15.18.080 City.
The City of San Rafael.
86
15.18.090 City Engineer.
A licensed civil engineer that is designated by the City Manager to serve as the
City Engineer for the purpose of carrying out the functions and tasks required of the City
Engineer in this title.
15.18.100 Common Parcel.
A parcel of land that is owned in -fee by two or more parties in undivided interest.
15.18.110 Condominium.
An estate in real property consisting of an undivided interest in common in a
portion of a parcel in real property, together with a separate interest in space in a
residential, industrial or commercial building(s) on such real property as an apartment,
office or store. A condominium may include, in addition, a separate interest in other
portions of the real property. For the purpose of enforcing and implementing this title,
condominiums shall also include community apartment projects or stock cooperatives,
although these are defined separately.
15.18.120 Easement.
An easement is a dedicated or recorded right-of-way over a parcel of land that is
established for purpose of access, drainage facilities, public utilities, vehicular or
pedestrian ways, bicycle paths and similar trails, or other necessary uses of facilities
located outside the public right-of-way.
15.18.130 Environmental Subdivision.
A division of land that is proposed for biotic or wildlife purposes and meets the
conditions set forth in Section 66418.2 of the Subdivision Map Act.
15.18.140 Final Map.
A map which depicts a subdivision for which a Tentative Map or Vesting
Tentative Map and a Final Map are required by either this title or by the Subdivision Map
Act. A Final Map is prepared by a land surveyor or registered civil engineer that is
authorized to practice land surveying, in accordance with the provisions of the
Subdivision Map Act and this title and is recorded with the Marin County Recorder's
Office.
15.18.150 Improvement.
An improvement includes the construction of any and all streets, storm water
drainage facility, utility, landscaping or other similar activity, to be installed or agreed to
be installed by the subdivider, on land that is to be used for public or private streets,
highways, neighborhood traffic or drainage needs, as a condition precedent to the
approval and acceptance of a Final Map or Parcel Map. Improvement shall also mean
other specific work or activity, installed by the subdivider or by the public agencies or
utilities, where the installation of which is necessary to ensure consistency with, or
implementation of, the San Rafael General Plan or any applicable specific plan.
87
15.18.160 Improvement Plans.
Detailed plans which depict the improvements that are required to be installed or
agreed to be installed by the subdivider or by the public agencies or utilities, as a
condition precedent to the approval and acceptance of a Final Map or Parcel Map.
Improvement plans are prepared by a registered civil engineer and are intended to
accompany and supplement the Final Map or Parcel Map.
15.18.170 Lot.
A parcel of land consisting of a single lot of record, used or intended for use
under City zoning regulations as one site for a use or multiple uses.
15.18.180 Lot Line Adjustment and Consolidation.
An adjustment in or the elimination of a property line(s) between two or more
existing, adjacent parcels, where the land area taken from one parcel is added to or
consolidated with the adjacent parcel, and where the resulting number of parcels are no
greater than the number of parcels that originally existed.
15.18.190 Major Subdivision.
Any subdivision creating five (5) or more parcels or lots or a condominium,
community apartment, or stock cooperative containing five or more units.
15.18.200 Minor Subdivision.
Any subdivision creating four (4) or fewer parcels or lots or a condominium,
community apartment, or stock cooperative containing four or less units.
15.18.210 Merger.
The joining of two or more contiguous parcels of land under one ownership of
record into one parcel.
15.18.220 Notice of Intent.
A notice that is sent, by certified mail, to a property owner of record, which
informs the owner that the City intends on recording a Notice of Merger or Notice of
Violation on real property. The notice is intended to give the property owner the
opportunity to submit supportive documentation disputing the intended action by the
City, prior to the actual recordation of the Notice of Merger or Notice of Violation.
15.18.230 Notice of Merger.
A notice that is filed with the Marin County Recorder's Office, which
acknowledges that a parcel or lot is deemed merged with a contiguous lot under one
ownership of record, under the provisions of this title and the Subdivision Map Act.
15.18.240 Notice of Violation.
A notice that is filed with the Marin County Recorder's Office, which
acknowledges that a parcel or parcels of land were created illegally and not consistent
with the provisions of this title or the Subdivision Map Act.
88
15.18.250 Parcel Map.
A map showing a subdivision for which a Tentative Map is required by this title,
which has been prepared by a Land Surveyor or registered civil engineer who is
authorized to practice land surveying, in accordance with the provisions of the
Subdivision Map Act and this title for the purpose of recordation with the Marin County
Recorder's Office.
15.18.260 Plat Map.
A map, which depicts the meets and bounds (property boundaries) of a parcel of
land or lot, but need not be based on an accurate or detailed final survey of the subject
property.
15.18.270 Property owner.
Property owner is the individual, firm, association, syndicate, co -partnership, or
corporation having sufficient property interest in the land.
15.18.280 Record of Survey.
A map prepared by a land surveyor or a registered civil engineer authorized to
practice land surveying, for the purpose of depicting a field survey of land.
15.18.290 Restriction.
A restriction on the use of all or a portion of a parcel or lot. Such restriction is
recorded by either deed or is designated and described on a map.
15.18.300 Reversion to Acreage.
The filing of a map for the purpose of reverting subdivided land and recorded lots
to acreage.
15.18.310 Securities.
A letter of credit, bond or other similar financial commitment that is posted with
the City by the subdivider, which serves as a financial guarantee that the subdivision
improvements required as a condition precedent to the approval and acceptance of a Final
Map or Parcel Map will be constructed or installed.
15.18.320 Stock Cooperative.
A corporation that is formed or availed to primarily for the purpose of holding
title to, either in fee simple or for a term of years, improved real property, if all or
substantially all of the shareholders of such corporation receive a right of exclusive
occupancy in a portion of the real property, title to which is held by the corporation,
which right of occupancy is transferable only concurrent with the transfer of the share or
shares of stock in the corporation held by the person having right of occupancy.
15.18.330 Subdivider.
The person, property owner, firm, corporation, partnership or association who
proposes to subdivide, divides, or causes to be divided, real property into a subdivision,
99
except that employees and consultants of such persons or entities, acting in such capacity
are not subdividers.
15.18.340 Subdivision.
The division, by any subdivider, of any unit or units of improved or unimproved
contiguous land shown on the latest equalized County assessment roll as a unit or
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 easements or railroad rights-of-way. Subdivision includes a condominium project
as defined herein, and includes any division of land by gift or inheritance. Any
conveyance of land to a governmental agency, public entity, public utility or subsidiary
of a public utility for conveyance to that public utility, shall not be considered a division
of land for the purposes of computing the number of parcels or lots.
15.18.350 Subdivision Map Act.
The Subdivision Map Act refers to State of California Government Code Sections
66410 to 66499.
15.18.360 Subdivision Committee.
A committee comprised of specific officials of the City of San Rafael. The
committee is made up of Director of Community Development, the City Engineer and the
Chairperson of the Planning Commission. The Subdivision Committee shall have the
powers and duties specified in this title.
15.18.370 Subdivision Improvement Agreement.
An agreement that is executed between the City and the subdivider, which
identifies the specific improvements that are required to be constructed or installed as a
condition precedent to the approval and acceptance of a Final Map or Parcel Map. The
purpose of the agreement is to stipulate the timing and deadlines for completion of the
improvements, as well as the cost estimates and securities that are posted for insurance
that the improvements are completed.
15.18.380 Tentative Map.
A map prepared for the purpose of showing the design, layout and improvement
of a proposed subdivision resulting in the creation of two (2) or more lots. A Tentative
Map need not be based on an accurate or detailed final survey of the subject property.
15.18.390 Vesting Tentative Map.
A Tentative Map, as defined by this title, for a residential or non-residential
subdivision which, upon approval or conditional approval is granted certain development
rights that are vested within a time period, as set by this title.
DIVISION 2. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
90
of the remaining portions of this ordinance. The City Council hereby declares that it
would have adopted the ordinance and each section, subsection, sentence, clause or
phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared invalid.
DIVISION 3. A summary of this Ordinance shall be published and a certified
copy of the full text of this Ordinance shall be posted in the office of the City Clerk at
least five (5) days prior to the Council meeting at which it is adopted.
This ordinance shall be in full force and effect thirty (30) days after its final
passage, and the summary of the Ordinance shall be published within fifteen (15) days
after adoption, together with the names of those Councilmembers voting for or against
same, in the Marin Independent Journal, a newspaper of general circulation published and
circulated in the City of San Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office
of the City Clerk, a certified copy of the full text of this Ordinance along with the names
of those Councilmembers voting for or against the Ordinance.
AVBO,•
ATTEST:
JE M. LEONCRft, City Clerk
The foregoing Ordinance No. 1787 was read and introduced at a regular meeting of the
City Council of the City of San Rafael on Monday, August 5, 2002, and was ordered
passed to print by the following vote to wit:
AYES: Councilmembers: Cohen, Heller, Phillips, Miller and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
and will come up for adoption as an ordinance of the City of San Rafael at a regular
meeting of the City Council to be held on Monday, August 19, 2002.
CAsubfrmt1.doc
91
JE �MLE6AI, City Clerk