§ 16.04

A.

Local Regulations. .....Pursuant to the provisions of the Subdivision Map Act and in addition to any regulations provided by law, the regulations contained in this code shall apply to all subdivisions within the incorporated territory of the City.

B.

Public Hearing Notification.

1.

Purpose. This section defines procedures for conducting public hearings for applications when required by this title. The purpose of this section is to ensure public awareness and full and open public discussion and debate regarding proposed actions being taken pursuant to this title. A public hearing shall be held prior to action by the Zoning Administrator, Planning Commission, or City Council when required by State law or the City's local ordinances, guidelines or policies.

2.

Notice of Public Hearings. The City Planner is authorized to advertise and notice Zoning Administrator and Planning Commission public hearings. The City Clerk is authorized to advertise and notice City Council public hearings. Notice of public hearings shall be given pursuant to applicable provisions of State law, Government Code Sections 65090 and 65091, and this title, including all of the following requirements which must be complied with at least ten days prior to the public hearing:

a.

Publication. Publication in a newspaper of general circulation in the City of San Clemente.

b.

Mailing. Mailing a notice of the time, place and purpose of such hearing to all of the following:

i.

Required property owners.

ii.

Local agencies expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project, where ability to provide these facilities and services may be significantly affected.

iii.

Persons requesting notice.

iv.

Owners of property within 300 feet of the exterior boundaries of the subject property (radius of notice). The City may place a one-eighth page ad (or larger) in at least one newspaper of general circulation in lieu of mailing notices to property owners required by this subsection, provided that there are greater than 1,000 owners of property within 300 feet of the subject site. The notice must be displayed in the newspaper at least ten days prior to the hearing.

c.

Posting. Posting three notices adjacent to the subject property in conspicuous places facing the public street. Posting of public hearing notices may be delegated by the City Planner to the project applicant. If posting is delegated to the project applicant, notices must be provided to the applicant.

3.

Affidavit of Mailing, Publication and/or Posting. Once a notice of public hearing has been given, in accordance with subsection 2 of this section, an affidavit shall be filed in the permanent records of the subject project, according to the following requirements:

a.

Mailing and Publication. The City Planner shall be responsible for the affidavit of mailing and publication if the hearing is held by the Zoning Administrator or Planning Commission. The City Clerk shall be responsible for the affidavit of mailing and publication if the hearing is held by the City Council.

b.

Posting. The City Planner shall be responsible for the affidavit of posting. If the hearing is held by the Zoning Administrator or Planning Commission. The City Clerk shall be responsible for the affidavit of posting. If posting is delegated to the project applicant, an affidavit of posting must be provided by the City and signed by the applicant or the applicant's representative.

C.

General Plan Consistency. .....Tentative maps shall be consistent with all elements of the San Clemente General Plan and any applicable specific plan. The Director shall determine if tentative map applications are consistent with the General Plan and applicable specific plans. If found inconsistent, the subdivider may appeal the Director's determination to the Planning Commission. In this instance, the Planning

Commission's determination shall be binding on the decision making authority designated for the tentative map (specified in Section 16.04.015).

D.

Modifications.

1.

Whenever the land involved in a subdivision is of such size or shape, or is subject to such title limitation of record, or is affected by such topographical location or conditions, or is to be devoted to such use, or is subject to such regulations by the Zoning Code that it is impractical in the particular case to conform to the strict application of the requirements of this chapter, the advisory agency may make such modifications thereof as are reasonably necessary or expedient; provided, that the modification is in conformity with the City's General Plan and with the spirit and intent of the Subdivision Map Act and of this Chapter; and

provided further, that the Planning Director transmits, with the recommendation of the tentative map of the subdivision to the City Council, a report in writing setting forth each modification allowed and the facts relied upon by the advisory agency for the allowance of the modification.

2.

When a conditional use permit has been granted for a planned residential development in any district and such development is subdivided, exceptions to certain subdivision standards, in addition to those exceptions which may be authorized pursuant to subsection (D)(1) of this section, may be recommended by the Planning Commission and authorized by the City Council as follows:

a.

Exceptions to the requirements and regulations relative to lot size, width and shape may be permitted when:

i.

An open space or recreational area is to be provided for the use and benefit of all the dwelling units in the development; and

ii.

The total land area of the development divided by the total number of dwelling units provides an average building site area per dwelling unit equal to or more than that required by the regulations of the base district in which the development is located. Total land area of the development shall include the land area of open spaces, private driveways and walkways and recreational areas, but shall not include any land area being set aside for public street rights-of-way.

b.

Exceptions to the requirement that lots abut on a street may be permitted when:

i.

Adequate and permanent legal access from a street to each family dwelling unit is provided for pedestrians and emergency vehicles; and

ii.

Adequate and permanent provisions for two accessible roofed automobile storage spaces, each not less than ten feet by 19 feet, are assured for each family dwelling unit, plus one parking space for each five units for guest parking.

c.

Maintenance of Open Space. As a condition of approving the subdivision of a planned residential development and granting modifications to the standard subdivision requirements, the subdivider shall present in writing with the tentative tract maps the means by which the preservation and permanent maintenance of the open spaces or recreation area is to be accomplished and the payment of all taxes thereon assured. No exception to the standard subdivision requirements shall be permitted unless the City Council determines that the subdivider has adequately provided for such maintenance and payment of taxes. Covenants, conditions and restrictions will be approved by the planning staff, in regard to ongoing maintenance in open spaces or recreational areas by homeowners' associations.

E.

Change in Conditions.

1.

A subdivider shall submit a written application to modify or eliminate conditions of approval for a subdivision. Conditions of approval may be changed or eliminated only if the original decision making authority finds grading, traffic, water quality, infrastructure, or other aspects of the subdivision changed and such changes made conditions of approval unreasonable or arbitrary. Applications shall provide sufficient facts to demonstrate that characteristics of a subdivision have changed since its approval and prove such changes have made the conditions of approval arbitrary or unreasonable.

2.

Upon receipt of the application, the decision making authority shall fix the time and place for its consideration and give notice thereof to the subdivider or owner and the City departments referred to in Section 16.12.080(A) of this code.

F.

Reference to Other Laws. .....Whenever reference is made to any portion of this chapter, the provisions of this code or other ordinance or statute, such reference applies to all amendments and additions now or hereafter made.

G.

Enforcement. .....No land shall be conveyed, nor shall any building be constructed, nor shall a permit for the construction of a building be issued, nor shall any land be used or a certificate of use and occupancy be

issued, except for model homes, until a final parcel map or final tract map substantially in conformance with an approved tentative parcel map or tentative tract map has been recorded by the County Recorder; and any deed of conveyance, sale or contract to sell made contrary to these provisions is voidable to the extent and in the same manner provided in the Subdivision Map Act.

H.

Certificate of Compliance.

1.

No City department or agency shall issue any permit or grant any approval necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of the Subdivision Map Act and the provisions of this code, if the Director finds that development of such real property is contrary to the public health or the public safety. The authority to deny such a permit or such approval shall apply whether the applicant therefor was the owner of the real property at the time of such violation or whether the applicant therefor 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 his or her interest in such real property.

2.

If a City department or agency proposes to issue a permit or grant approval for the development of any such real property referred to above, the matter shall first be referred to the Planning Commission, which may impose such additional conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property.

3.

Any person owning real property may request, and the Director shall determine, whether such real property complies with the provisions of the Subdivision Map Act and of this code. Upon making such a determination, the City shall cause a certificate of compliance to be filed with the County Recorder. The certificate of compliance shall identify the real property and shall state that the division thereof complies with applicable provisions of the Subdivision Map Act and of this code.

4.

If the Director determines that such real property does not comply with the provisions of the Subdivision Map Act and of this code, the Director shall refer the matter to the Planning Commission which, as a condition to granting a certificate of compliance, may impose conditions as cited in subsection (H)(2) of this section. Such conditions may be fulfilled and implemented by the property owner who has applied for a certificate of compliance or by a grantee.

5.

A certificate of compliance shall be issued for any real property which has been approved for development pursuant to this section.

A recorded final tract map or final parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein.

7.

A fee for processing an application for a certificate of compliance shall be collected by the Planning Director at the time such application is filed. Such fee shall be the same as charged for tentative parcel maps, in the case of four or less contiguous parcels, or tentative tract maps, in the case of five or more contiguous parcels.

I.

Exceptions.

1.

The provisions of this chapter shall be inapplicable to:

a.

The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks;

b.

Mineral, oil or gas leases;

c.

Land dedicated for cemetery purposes under the state Health and Safety Code.

2.

Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels.

J.

Standards. .....All public ways to be installed or agreed to be installed in any subdivision or parcel map shall conform to "Minimum Design Standards for Public Works," as adopted by the city council on April 5, 1967, by Resolution 35-67, and any and all revisions or additions hereinafter adopted.

(Prior code § 35-1)

(Ord. No. 1565, § 1(Exh. A, § 2), 4-16-2013)

16.04.015 - Advisory agency and review authorities.

A.

Advisory Agency and Review Authorities.

1.

The designated advisory agencies specified in this Section shall have the duty of reviewing the design and improvement of proposed applications for the division of real property, imposing requirements and conditions, and shall have the authority to act upon the applications.

2.

A subdivision shall be subject to review and hearing procedures required in Chapter 17.12, if it is requested in conjunction with a discretionary zoning application.

B.

Appeal Boards.

1.

The Commission shall be the review authority for any appeal of a Director decision.

2.

The Council shall be the review authority for any appeal of Zoning Administrator or Commission decisions.

3.

The Council may appeal a decision of the City Engineer, Director, Zoning Administrator, or Commission by a majority vote.

4.

Appeals procedures are identified in Section 17.12.140.

C.

Development Management Team. .....The Development Management Team has a responsibility to review the design and improvement of proposed subdivisions and report findings to advisory agencies responsible for making recommendations and/or decisions on subdivisions.

D.

City Planner. .....The responsibilities of the City Planner include the following:

1.

Sending proper notice of proceedings in compliance with this Title.

2.

Certifying, as Secretary of the Commission, that the Commission has approved, conditionally approved, or denied a tentative map.

Scheduling, as Secretary of the Commission, any appeal of a Director or City Engineer decisions.

4.

The City Planner may designate and authorize a representative to act on the City Planner's behalf.

E.

City Engineer.

1.

The responsibilities of the City Engineer include the following:

a.

Determining if proposed subdivision improvements comply with the Subdivision Map Act and this Title.

b.

Examining and certifying final maps are in substantial compliance with the approved tentative map.

c.

Processing and certification of reversion to acreage maps and amended maps.

d.

Processing, plan checking, and approval of subdivision improvement plans.

e.

Reviewing grant deeds for subdivision dedications which are outside a subdivision boundary.

f.

Collecting engineering plan check, inspection, and development fees.

g.

Reviewing and providing recommendations on improvement agreements.

h.

Processing and approval of lot mergers.

i.

Reviewing lot line adjustments.

j.

Processing waivers of tentative parcel maps.

k.

Collecting of all required application fees and deposits for Public Works requests.

l.

Determining violations of the Subdivision Map Act or this Title.

2.

The City Engineer may designate and authorize a representative to act on the City Engineer's behalf per Government Code 66416.5, 66431.

F.

Community Development Director.

1.

The responsibilities of the Director include the following:

a.

Certificate of compliances.

b.

Processing of tentative maps.

c.

Processing and approval of lot line adjustments.

d.

Determining whether a proposed subdivision conforms to the General Plan, applicable Specific Plans, and the Municipal Code.

e.

Making recommendations on the approval, conditional approval, or denial of tentative map applications (including recommendations of other departments and agencies).

f.

Processing and approving a one year time extension of Tentative Parcel and Tract Maps according to Section 17.12.160 and Government Code 66452 et seq. The Director shall forward time extension requests to the original decision making authority if required findings can not be made.

g.

Conducting environmental analyses related to proposed applications in compliance with the California Environmental Quality Act (CEQA) specified in Public Resources Code Section 21000 et seq.

2.

The Director may designate and authorize a representative to act on the Director's behalf.

G.

Zoning Administrator. .....The Zoning Administrator has the powers and duties provided in the Subdivision Map Act and this title including:

1.

The approval, conditional approval, or denial of tentative map applications for condominiums and condominium conversions.

2.

Review the design and improvement of proposed subdivisions and imposing requirements and conditions on subdivisions approved by the Zoning Administrator.

3.

The approval, conditional approval, or denial of tentative parcel map amendments for Zoning Administrator approved subdivisions.

4.

The approval, conditional, approval, or denial of time extensions for tentative maps approved by the Zoning Administrator, when the duration of a request exceeds one year or a time extension request does not comply with Section 17.16.160(C)(1).

H.

Planning Commission. .....The Planning Commission has powers and duties provided in the Subdivision Map Act and this Title including:

1.

The approval, conditional approval, or denial of tentative map applications for community apartments, time shares, and stock cooperatives.

2.

Review the design and improvement of proposed subdivisions and imposing requirements and conditions on subdivisions approved by the Planning Commission.

3.

Review the design and improvement of proposed subdivisions and recommending requirements and conditions on the subdivisions to be considered by the City Council.

4.

Making recommendations to the City Council for approval, conditional approval, or denial of subdivisions, excluding condominiums, condominium conversions, community apartments, time shares, or stock cooperatives.

5.

The approval, conditional approval, or denial of tentative map amendments for subdivisions approved by the Planning Commission.

6.

The approval, conditional, approval, or denial of time extensions for tentative maps approved by the Planning Commission, when the duration of a request exceeds one year or a time extension request does not comply with Section 17.16.160(C)(1).

7.

Acting as the appeal board for Director decisions.

I.

City Council. .....The City Council has powers and duties by the Subdivision Map Act and this Title including:

1.

The approval, conditional approval, or denial of tentative parcel and tract map applications for subdivisions, excluding condominiums, condominium conversions, community apartments, time shares, and stock cooperatives.

2.

The approval, conditional approval, or denial of tentative map amendments for subdivisions approved by the City Council.

3.

The approval, conditional, approval, or denial of time extensions for tentative maps approved by the City Council, when the duration of a request exceeds one year or a time extension request does not comply with Section 17.16.160(C)(1).

4.

Approving grant deeds for subdivision dedications.

Acting as the appeal board for hearing appeals of Zoning Administrator or Planning Commission actions.

6.

Approving final maps or delegating action on final maps to the City Engineer if dedications are not proposed.

7.

Approving reversions to acreage.

8.

Approving subdivision improvement agreements.

9.

Accepting land or improvements proposed for dedication.

10.

Establishing processing fees necessary to implement the provisions of this Title.

J.

City Attorney.

1.

The City Attorney's responsibilities include reviewing and approving as to form all legal related documents associated with subdivisions.

(Ord. No. 1565, § 1(Exh. A, § 3), 4-16-2013; Ord. No. 1595, § 2(Exh. A, §§ 3, 4), 5-5-2015)

16.04.020 - Definitions.

Unless otherwise defined in this section, all words, terms and phrases shall be deemed to have the same meanings ascribed to them in the Zoning Code and the Subdivision Map Act.

"Advisory agency" means the City staff member or review authority designated to act on subdivision applications with powers and duties provided in the Subdivision Map Act and this Title.

"Appeal board" means the designated review authority to consider and decide upon appeals to the decision of an earlier decision making body.

"City Engineer" means the Director of Public Works, appointed by the City Manager.

"City standards" means the minimum design standards for public works as adopted by the City Council on April 5, 1967, by Resolution 35-67, and any and all revisions and additions hereinafter adopted.

"Condominium" means a condominium as defined in California Civil Code Section 783.

"Council" means the San Clemente City Council, which is the governing body of the City.

"County Surveyor" refers to the County Surveyor of Orange County.

"Decision making authority" means the designated review authority to make the final decision on a subdivision application.

"Director" means the Director of Community Development, appointed by the City Manager, as authorized by Chapter 3, Title 7, of the Government Code of the state.

"Engineering geologist" means a geologist duly certified in the state to practice engineering geology.

"Flood control work" or "drainage work" means all means of conveying or storing stormwaters, including natural watercourses, improved drainage channels, retarding basins, closed conduits or pipes and authorized or existing flood control channels, and shall also include the control of sedimentation.

"Flood hazard" means the capability of flowing water or mixtures of soils and water to impair or to damage buildings and other structures and their functions; to erode natural and modified land surfaces, including channels and watercourses; and to deposit eroded material on either public or private property in a damaging or impairing manner and amount.

Flood hazard, possible. "Possible flood hazard" means the possible extension of areas denoted as subject to flood hazard, including also the uncertainty of degree or extent of bank erosion.

"Grading Ordinance" means the San Clemente Grading Ordinance, Chapter 70, Uniform Building Code, current edition.

"Hillside" means a parcel of land or a definable portion thereof with an average slope of fifteen (15) percent or more.

"Improvement" means such street work and utilities to be installed or agreed to be installed on the land proposed to be subdivided by any person, firm, corporation, partnership or association to be used for public or private streets, highways, ways and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof.

Improvement also refers to such other specific improvements or types of improvement, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the City Council or a combination thereof, is necessary or convenient to insure conformity to or implementation of the City's General Plan or any adopted specific plan.

"Inundation" means ponded water or water in motion of sufficient depth to damage property due to the mere presence of water or to deposition of silt.

"Limited vehicular access rights" means limiting the right, easement or access of the owners or occupants of abutting lands to or from a public way, other than as pedestrians, bicyclists or equestrians, except at points specifically designated on the map.

"Master Plan" means a Master or General Plan, or any element thereof, as defined in the Conservation and Planning Law, Article 7, Chapter 3, Title 7 of the state Government Code.

"Master plan of drainage" means an engineering report outlining the drainage facilities needed for the proper development of a specific increment of the incorporated area, and duly adopted by the City Council.

"Parcel of land" means a contiguous quantity of land or real property in the possession of, or owned by, or recorded as the property of the same claimant or person.

"Person" means any individual, firm, copartnership, joint adventure, association, club, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, this and any other county, city and county, municipality, district, or other political subdivision, or any other group or combination acting as a unit.

"Private way" means a street, driveway, bicycle trail, equestrian trial, pedestrian walkway, viaduct, subway, tunnel, bridge, drainage course and other private easement for joint proprietary rights to the land over which such private way passes and common areas whose usage is enjoyed by several individuals.

"Public way" means a street, highway, walk, alley, channel, viaduct, subway, tunnel, bridge, public easement, public right-of-way, bicycle trail, equestrian trail and other ways in which a public agency has a proprietary right.

Slope, manmade. "Manmade slope" means a manufactured slope consisting wholly or partly of either cut or filled material.

"Soil engineer" means a civil engineer duly registered in the state whose field of expertise is soil mechanics.

"Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in subdivision (f) of Section 1351 Civil Code, a community apartment project as defined in subdivision (d) of Section 1351 of the Civil Code, or the conversion of five (5) or more existing dwelling units to a stock cooperative, as defined in subdivision (m) of Section 1351 of the Civil Code.

ets, utility easements or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in subdivision (f) of Section 1351 Civil Code, a community apartment project as defined in subdivision (d) of Section 1351 of the Civil Code, or the conversion of five (5) or more existing dwelling units to a stock cooperative, as defined in subdivision (m) of Section 1351 of the Civil Code.

"Time share use or project" means a use or project in which the purchaser receives the right in perpetuity, for life or for a term of years, to the recurrent, exclusive use or occupancy of any lot, parcel, unit or segment of real property, annually or on some other periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the use or project has been divided. A time share use or project may be coupled with an estate in the real property or it may entail a license or contract and/or membership right of occupancy not coupled with an estate in the real property. A time share use or project includes, but is not limited to, a vacation license, prepaid hotel reservation, club membership, limited partnership or vacation bond encompassing the herein described attributes.

"Vehicular access rights" means the rights, easement or access of the owners or occupants of abutting lands to or from a public way other than as pedestrians, bicyclists or equestrians, except at points specifically designated on the map.

"Zoning Code" means the Zoning Ordinance of the City.

(Ord. 1163 §§ 83, 84, 1995; prior code § 35-2)

(Ord. No. 1565, § 1(Exh. A, §§ 4—7), 4-16-2013)

Prior to the filing of the final tract map with the City Council, the subdivider shall file with the City Clerk a certificate from the official computing redemptions in the office of the Tax Collector showing that, according to the records of such office, there are no liens against the subdivision or any part thereof for unpaid taxes or special assessments collected as taxes, except taxes or special assessments not yet payable.

As to taxes or special assessments collected as taxes which are a lien but not yet payable, the subdivider shall file with the City Clerk a certificate by each proper officer giving his or her estimate of the amount of taxes and assessments which are a lien but not yet payable.

A.

Security for Payment of Taxes.

1.

Whenever any part of the subdivision is subject to 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 City Clerk security conditioned upon the payment of all taxes and the current installment of principal and interest of all taxes and the current installment of principal and interest of 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.

2.

If the land being subdivided is a portion of a larger parcel shown on the last preceding tax roll as a unit, the security for payment of taxes need be only for such sum as may be determined by the county to be sufficient to pay the current and delinquent taxes on the land being subdivided together with all accrued penalties and costs if such taxes have been or are allowed to become delinquent. The county shall also order the creation of new assessor's parcel numbers pursuant to Section 2823 of the Revenue and Taxation Code. Separate assessor's parcel numbers shall be given to the portion of the larger parcel which is not within the proposed subdivision and to the parcels which are within the proposed subdivision.

3.

If the land being subdivided is sold for taxes, it may be redeemed for such sale without the redemption of the remainder of the larger parcel of which it is a part pursuant to the provisions of the Revenue and Taxation Code, as if it were held in ownership separate from and other than the ownership of the remainder.

4.

Whenever land subject to a special assessment or bond which may be paid in full is divided by the line of a lot or parcel of the subdivision, such assessment or bond shall be paid in full, or security filed with the City Clerk, payable to the county as trustee for the assessment bondholders for the payment of such special assessment or bond. This section shall not apply to bonds issued under the provisions of the Improvement Bond Act of 1915.

B.

Delinquent Taxes.

1.

If the taxes or special assessment are allowed to become delinquent, the City shall recover from the security the principal sum of the security without proof of loss. The City shall apply the sum received in payment of any or all of such taxes or special assessments, including penalties and costs, if any, accruing thereto, to the proper state, county or district officers, for the satisfaction of the tax and special assessment liens and shall pay the balance, if any, over to the surety or depositor.

2.

If the taxes or special assessments are allowed to become delinquent and the security consists of a deposit of money, negotiable bond or instrument of credit, the City Clerk, subject to any rules of the City Council with respect thereto, shall apply the proceeds thereof to the payment of such taxes and special assessments, including penalties and costs. Any excess proceeds shall be deposited in the City treasury for the benefit of the persons entitled thereto.

(Prior code § 35-29)

Chapter 16.08 - TENTATIVE PARCEL MAPS[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 1565, § 1(Exh. A, § 8), adopted April 16, 2013, amended Ch. 16.08, in its entirety, to read as herein set out in §§ 16.08.010—16.08.100. See also the Code Comparative Table and Disposition List.

16.08.010 - Filing.

A.

.....Any property owner or his or her authorized agent proposing to subdivide any parcel of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, which will result in the creation of four parcels or less, shall file a tentative parcel map with the Community Development Department, showing the parcels proposed by such subdivision, except in the following instances:

Subdivisions of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code, which are created by short-term leases (terminable by either party on not more than 30 days' notice in writing; or

2.

Land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for conveyance to such public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates such a parcel map; or

3.

Subdivisions for which the City Council finds and determines comply with this Chapter 35 as to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this title. Provided, that in the event a parcel map waiver is requested for property which is not currently proposed for development, the City shall not approve such a waiver until it has issued a conditional certificate of compliance, which shall be recorded in the Orange County Recorder's Office, which shall identify the real

ly availability, environmental protection, and other requirements of this title. Provided, that in the event a parcel map waiver is requested for property which is not currently proposed for development, the City shall not approve such a waiver until it has issued a conditional certificate of compliance, which shall be recorded in the Orange County Recorder's Office, which shall identify the real

property and state that development thereof shall not be permitted to occur until the owner or owners of record shall comply with applicable provisions of this title.

B.

.....Each tentative parcel map filed shall comply with any master, general or official plan, or any amendments thereto, adopted pursuant to the state Planning and Zoning Law.

C.

.....Each tentative parcel map filed shall also comply with the regulations of the zoning district within which it is located. However, where a change of zone has been recommended by the Planning Commission but not yet approved or adopted by ordinance by the City Council a tentative parcel map need not comply with the existing zoning district regulations in effect at the time it is filed; provided, that it complies with the regulations of the zoning district recommended by the Planning Commission. The filing of any such tentative parcel map shall be at the sole option and risk of the subdivider, and the City shall not be deemed to have assumed any commitment or responsibility as to the final adoption of the recommended zoning.

D.

.....Except as provided in subsection A of this section, a parcel of land proposed to be subdivided under the terms of this chapter by an owner shall be limited to the creation of ultimately four parcels. Any additional parcels proposed to be created from such land by such owner shall require the filing of a tentative tract map.

(Ord. No. 1565, § 1(Exh. A, § 8), 4-16-2013)