§ 16.08

A tentative parcel map shall be legibly drawn to scale on sheets of tracing paper or cloth measuring not less than eight and one-half inches by 11 inches. Such map shall be suitable for reproduction. The Planning Director shall furnish such eight and one-half inch by 11 inch tracing sheets upon request.

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

The tentative parcel map shall show, contain or be accompanied in writing by the following matters:

A.

The current assessor's map parcel numbers for all parcels involved in the proposed subdivision;

B.

If the parcel being subdivided is a parcel on a recorded parcel map, or a record of survey map or a lot on a recorded tract map, reference shall be made to such recorded map;

C.

Name, address and telephone number of the person filing the map;

D.

Location of property in relation to existing streets;

E.

The layout and square footage of the parcels proposed and the dimensions of each with a number within each proposed parcel;

F.

The location of each existing building or structure above ground in relation to the parcel lines being created;

G.

The location of existing wells, cesspools, irrigation lines and underground structures;

H.

A statement of certification from the proposed water supplier, if other than the City, indicating that it holds a valid permit in accordance with Sections 4010 to 4025 of the State Health and Safety Code and can provide an adequate water supply to the parcels;

I.

Type of street improvements and utilities proposed;

J.

A statement of certification from the proposed sewering agency, if other than the City, indicating that it can serve the parcels;

K.

Proposed method of storm drainage disposal, and where applicable, reference to any duly adopted master plan of drainage;

L.

Proposed use of parcels;

M.

The width and approximate locations of all existing or proposed easements or rights-of-way, whether public or private, for roads, drainage, sewers or flood control purposes;

N.

The locations of all areas subject to inundation or flood hazard and the locations, width and directions of flow of all watercourses and flood control channels;

O.

The location of any excavation within the subdivision or within 200 feet of any portion of the subdivision,

the location of any existing wells, cesspools, sewers, culverts, storm drains and underground structures within the subdivision, and a statement noting whether or not such uses are to be abandoned, to be removed or to remain.

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

A.

.....When a tentative parcel map is filed with the Building and Planning Department, the person filing the map shall provide one of the following:

1.

Certification that he or she is the record owner of the property;

2.

A statement signed by the record owner of the property consenting to the filing of the map.

B.

.....The Planning Director shall furnish forms for such certification upon request.

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

16.08.050 - Compliance for filing.

A.

.....Each tentative parcel map shall be reviewed by the Director before it may be accepted. If the Director finds the requirements for filing have been fully met, the map shall be accepted and referred to the Development Management Team for review.

B.

.....Within 80 days after such acceptance, the decision making authority (specified in Section 16.04.015) shall approve, conditionally approve or disapprove an application.

C.

.....The time limits for acting and reporting on tentative parcel maps as provided in this chapter may be extended upon mutual consent of the persons filing such map and the City.

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

16.08.060 - Tentative parcel map processing and action.

A.

.....The Development Management Team shall review tentative parcel maps to determine if they comply with the statutes of the state and with the provisions of this code and other ordinances of the City.

B.

Public hearings is required. .....A public hearing and notification shall be conducted in compliance with Section 16.04.010.

C.

Required findings. .....The review authority (specified in Section 16.04.015) shall approve, conditionally approve, or recommend approval of a tentative parcel map if a map complies with State and City regulations and the map meets the following required findings:

1.

The site is physically suitable for the type of development.

2.

The site is physically suitable for the proposed density of the development.

3.

The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

4.

The design of the subdivision or the type of improvements is not likely to cause serious public health problems.

5.

The subdivision, with its provisions for any design and improvements, is consistent with the General Plan and any applicable specific plan.

6.

If there is an easement, either of the following findings shall be made:

a.

The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision.

b.

Alternate easements for access or for use will be provided, substantially equivalent to ones previously acquired by the public, that are easements of record or easements established by judgment of a court of competent jurisdiction.

D.

Conditions of approval may be required. .....If they are, the subdivider shall agree to fully comply with such conditions prior to the recordation of a final parcel map. Improvements required as a condition of approval shall be limited to the dedication of rights-of-way, easements, construction of necessary improvements for the development, and construction of reasonable off-site improvements for the parcels being created.

E.

Documentation of decisions. .....The City Clerk shall stamp and sign the tentative parcel map to signify the decision making authority's action on a map.

(Ord. No. 1565, § 1(Exh. A, § 8), 4-16-2013; Ord. No. 1595, § 2(Exh. A, § 5), 5-5-2015)

A.

.....The approval or conditional approval of such map shall be valid for a period of 24 months from the date of final action thereon. Upon written request, such approval or conditional approval may be extended one year by the Director according to Section 17.12.160. The original decision making authority may approve additional time extensions in compliance with Government Code 66452 et seq. Time extension requests must be submitted prior to the expiration date.

B.

.....Upon granting such extension of time, the decision making authority may require compliance with any additional requirements deemed necessary to carry out the spirit and intent of this chapter.

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

When a tentative parcel map has been approved or conditionally approved in accordance with this section, a final parcel map substantially in conformance with such approved tentative parcel map shall be recorded within 24 months of the date of approval or conditional approval. The final parcel map shall be based upon a survey of the land and shall meet the requirements for a record of survey map as set out in Section 8764 (a), (b), (c), (d) (e) and (g) of the Business and Professions Code. Failure to record a final parcel map within such 24 month period shall render the approval or conditional approval null and void, unless an extension of time has been granted by the City Council pursuant to Section 16.08.70(A).

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

If the land being divided lies within an area for which a master plan of drainage has been duly adopted, the required per acre drainage fee shall be paid in accordance with Section 16.32.020(J) of this code on that area divided which cannot be further divided under the existing applicable regulations of the Zoning Code.

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

Upon filing the application referred to in this division, the applicant shall pay a fee as established by resolution of the City Council.

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

Chapter 16.12 - TENTATIVE TRACT MAPS

16.12.010 - Generally.

A.

.....Any property owner or his or her authorized agent who proposes to subdivide any property for the purpose of creating a subdivision in the City, as defined in Section 16.04.020 of this code, creating five (5) or more parcels, shall file a tentative tract map of the proposed subdivision with the Community Development Department, except in the following instances:

1.

The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required; or

Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street or highway; or

3.

The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the alignments and widths of the affected streets approved; or

4.

Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter of a quarter section.

A parcel map shall be required for those subdivisions described in subdivisions 1, 2, 3 and 4.

Such tentative tract map shall comply with the provisions of the Subdivision Map Act, and the San Clemente Zoning Ordinance, as amended, the San Clemente Subdivision Code, as amended, and any other ordinance, statute, or law adopted pursuant to the Subdivision Map Act, and pertaining to the use, sale, lease, or subdivision of land, the San Clemente General Plan and any adopted applicable specific plan, and shall be accompanied by an appropriate draft Environmental Impact Report or Negative Declaration in accordance with the requirements of the Public Resources Code and regulations adopted pursuant thereto.

B.

.....Any subdivider may file with the City a tentative map of a proposed subdivision of unincorporated territory adjacent to the City. The map, in the discretion of the City, may be acted upon in the manner provided in Section 16.12.90 of this chapter; except, that if it is approved, such approval shall be conditioned upon annexation of the property to the City within such period of time as shall be specified by the City, and such approval shall not be effective until annexation of such property to the City has been completed. If annexation is not completed within the time specified or any extension thereof, then the approval of such map by the City shall be null and void. No subdivision of unincorporated territory may be affected by approval of a map by the City unless annexation thereof to the City is completed prior to the approval of the final map thereof.

C.

.....A map shall not be deemed to be filed until the Planning Director has verified that it is in compliance with the requirements of this section, and signs and dates his or her acceptance.

(Prior code § 35-14)

(Ord. No. 1565, § 1(Exh. A, § 10), 4-16-2013)