§ 16.12

A.

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

B.

.....Each tentative tract or parcel map as filed shall also comply with the regulations for 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 tract or 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 tract or 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 recommended zoning.

C.

.....Each tentative tract or parcel map filed shall also comply with the requirements of the Local Park Code.

D.

.....Each tentative tract or parcel map filed shall comply with those provisions of the environmental impact procedures of the City applicable to tentative maps.

(Prior code § 35-15)

16.12.030 - Format.

Each tentative tract map shall be prepared in accordance with the following criteria:

A.

Size.

1.

The minimum map size shall be eighteen (18) inches by twenty-six (26) inches.

2.

The maximum map size shall be thirty-six (36) inches by forty-eight (48) inches, unless a larger size is necessary, in accordance with the scale requirements, to include all of the map area on one (1) sheet.

B.

Scale. Each map shall be drawn to an engineer's scale large enough to clearly show the details of the plan thereon. Such scale shall be no smaller than one (1) inch equals one hundred (100) feet unless a smaller scale is necessary, in accordance with the map size requirements, to include all of the map area on one (1) sheet. In no case shall the scale be smaller than one (1) inch equals two hundred (200) feet.

C.

Graphic and Linear Representation. Proposed lines and features within the tentative tract shall be represented on the tentative map as follows:

1.

Tract boundary: heavy, double-width solid line;

2.

Proposed streets and lot lines: heavy solid line;

3.

Existing lot lines: light solid line;

4.

Easements: light dashed line and labeled as to intended use, whether existing or proposed, public or private, and whether to remain or to be quit-claimed;

5.

Water lines, sewers, storm drains, etc.: heavy dashed line and labeled as to intended use, whether existing or proposed and whether to remain or to be removed.

(Prior code § 35-16)

The following items and information shall appear on the face of each tentative tract map:

A.

General Information Table. The following information, in a table or chart or other compact arrangement, shall be prominently displayed in the lower righthand corner of the map:

1.

The tentative tract number;

2.

North arrow, scale, date, number of lots, gross area and contour interval;

3.

Names, addresses and telephone numbers of the property owner or owners of record, the subdivider and the person and firm who prepared the map.

B.

Tentative Tract Location and Boundary Description. The location, description and boundaries of the tentative tract shall be clearly shown on each tentative tract map as follows:

1.

The tentative tract map boundary lines shall be to the centerline of any existing abutting local public street or any existing or proposed arterial highway. However, if any portion of the street or highway is not owned in fee by the subdivider or the person certifying ownership in Section 16.08.040 of this code, the owner of such street or highway shall be identified on the map, but approval for filing is not required from such owner. The final tract map boundary lines shall be to the limits of fee ownership within such streets or highways and this shall be deemed to be in conformance with the tentative tract map.

2.

A general location diagram showing the location of the tentative tract in relation to existing and proposed arterial highways, including the closest approximate distance from each highway to the tentative tract.

3.

A description of the tentative tract boundary in sufficient detail to describe the approximate location of all of the boundary lines. At the option of the subdivider, this description may be shown on a separate sheet accompanying the tentative map.

C.

Additional Information to be Shown on the Map. The following information shall be clearly shown on each tentative tract map:

1.

The lot layout, including the approximate dimensions of each lot or parcel;

2.

A lot number of each proposed building site;

3.

An alphabetical identification for each parcel not proposed as a building site and an explanation as to its intended use;

4.

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, slope maintenance or recreation purposes;

5.

The locations, widths and approximate grades of all existing and proposed street and highway improvements, including street intersections, medians, driveways, alleys, curbs and gutters, sidewalks and

pavement edges within the proposed tract. Such locations may be shown either in plan or by reference to a cross-section shown on the tentative map;

6.

The locations and widths of all existing street and highway improvements, including street intersections, medians, driveways, alleys, curbs and gutters, sidewalks and edges of pavement within two hundred (200) feet of the boundaries of the proposed tract;

7.

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

8.

The contour of the land at intervals of not more than two (2) feet if the general slope of the land is less than ten (10) percent; or of not more than five (5) feet if the general slope of the land is more than ten (10) percent;

9.

The location and outline to scale of each existing building, portion thereof or structure above ground within the subdivision noting thereon whether or not such building or structure is to be removed from or remain in the development of the subdivision;

10.

The location of any proposed excavations within the subdivision or within two hundred (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;

11.

The location and limits of any previously filled areas within the subdivision;

12.

Uses proposed in the tentative tract as specified by applicable or pending zoning district regulations. If for multiple-family dwelling uses, including condominium or community apartment projects, the proposed number of units shall be stated;

13.

Type and extent of proposed street improvements, and diagrams of typical street sections;

14.

Approximate radii of all centerline curves on highways, streets, alleys and vehicular accessways;

Proposed method of sewage disposal and the name of the sewering agency, if not the City, and the capacity of the collector and the sewage treatment facility;

16.

Name of proposed water supplier; if not the City, a statement as to availability of water and the intent of service;

17.

Type of other utilities which are proposed to serve the subdivision, including but not limited to gas, electricity, communications and cable television; the name of the utility company or agency that will provide the service; and a notation as to whether the utilities will be aboveground or underground;

18.

The drainage area tributary to the subdivision and a statement setting forth in detail, but not quantitatively, the manner in which storm runoff will enter the subdivision, the manner in which it will be carried through the subdivision and the manner in which disposal beyond the subdivision boundaries will be assured and, where applicable, with reference to any duly adopted master plan of drainage;

19.

A statement certifying to one (1) of the following and signed by the subdivider or his or her authorized agent:

a.

That the subdivider is the property owner of record, or

b.

That the property owner of record consents to the filing of the tentative tract map;

20.

The park location, dimensions, net areas and access if a park is to be provided; and a statement setting forth, in detail, how the requirements of the Local Park Code are to be accomplished;

21.

Typical building pads proposed for the location of structures shall be graphically indicated with approximate dimensions and setbacks;

22.

Proposed finished grade elevations shall be shown:

a.

Along proposed streets and drives at one hundred (100) foot intervals or opposite lot corners,

b.

On each proposed building pad, and

c.

By contours for open space areas to be offered for dedication and for designated common areas;

23.

The height, area and configuration of manmade slopes shall be clearly shown;

24.

Provisions for readily available solid waste collection points shall be identified in all multiple-family residences, planned development and cluster type development projects, and where appropriate, in planned concept subdivisions;

25.

A "revision block" shall be placed on each revised map and all changes shall be clearly indicated.

(Prior code § 35-17)

In addition to the information required by Section 16.12.040 to appear on the face of the tentative tract map, the following information shall also be submitted. Whenever any of the information required by this section is submitted in conformance with such requirements, as a part of, or in conjunction with, a draft environmental impact report, such information shall become a part of the tentative tract application by reference and shall serve to satisfy the requirements of this section.

A.

Modifications. A request for the approval of modification and an explanation and statement or justification shall be supplied for each proposed exception to the requirements of the Subdivision Code. Such request and justification may be shown on the face of the tentative tract map or on a separate sheet accompanying the tentative tract map.

B.

Soils and Geology Report. A preliminary report describing the soils and geologic conditions on the site and their effect on the feasibility of the plan of development, including the grading concept, shall be submitted with the tentative tract map. This report shall be prepared under the supervision of a soils engineer and an engineering geologist.

C.

Preliminary Grading Information.

Geological restraints such as landslides and active faults;

2.

Quantitative identification and location of existing plant masses, unique plants, stands of trees, historical and cultural features.

D.

Aerial Photograph and Transparent Overlay. A vertical aerial photograph of the land included within the tentative tract and two hundred (200) feet minimum adjacent thereto and a transparent overlay of the proposed tract design shall be submitted with the tentative tract map when it is determined by the Planning Director that such photograph and transparent overlay will provide significant and factual information. The overlay shall be drawn to the approximate scale of the photograph, which shall be a minimum scale of one (1) inch equals two hundred (200) feet. The aerial photograph shall be current and shall be in sufficient detail to show existing conditions.

E.

Screening. A preliminary screening plan shall be provided with the tentative tract map showing visual and sound screening, as applicable, with elevations, cross-sections and schedule of installation, when required by the Director of Planning.

F.

Borrow and Fill Quantities and Sites. A statement of the estimated volume of export or borrow earth material required and the location and preliminary grading plan of the disposal or borrow sites shall accompany the tentative tract map when volumes are of such a magnitude as to require a plan at the discretion of the Director of Planning.

G.

Slope Maintenance Information. A statement of the maintenance responsibility for each slope area shall be made.

H.

Hydrology Study. A preliminary hydrology study may be required Development Management Team.

I.

Planting Schedule. A planting schedule showing a conceptual landscape plan will be submitted with the tentative map.

J.

Site Plan. For information purposes only, a site plan showing proposed structures, setbacks, driveways and streets shall be submitted with each tentative tract map for multiple-family residential uses and for each

tentative tract map proposing to install private streets and common driveways.

K.

Additional Information. The following additional information shall accompany the tentative tract map application:

1.

A cut and fill plan identifying all portions of the map as cut, fill or natural;

2.

Proposed cross-sections in sufficient detail to clearly show depth of cuts and fills and inclination of slopes, both existing and proposed;

3.

A statement of certification from the proposed sewering agency indicating that it can adequately treat the sewage generated by the project and the capacity of the collector and the sewage treatment facility, the current amount of sewage being treated, and any additional amount of sewage capacity that has been committed by the approval of projects not yet using the sewerage facilities and any projected expansion of facilities;

4.

A statement of certification from the proposed water supplier indicating that it holds a valid permit in accordance with Sections 4010 to 4025 of the state Health and Safety Code, can adequately serve the project and include the current flow, the storage capacity, the quantity of water available at the points of connection, additional distribution commitments for approved projects not yet using their total projected needs and any projected expansion of facilities.

(Prior code § 35-18)

(Ord. No. 1565, § 1(Exh. A, § 11), 4-16-2013)

Each tentative tract map shall be identified by a tract number prominently displayed on the face of the map.

A.

Issuance.

1.

The tract number shall be issued by the County Surveyor. Tract numbers shall be issued at the request of the owner of the property described in the application and shall be applied to such described property. Whenever title to the property described in the application is transferred from one (1) property owner to another, any issued tract number shall also be deemed to be transferred.

2.

Tract numbers shall be valid for a period of time not to exceed one (1) year from the date of issuance by the County Surveyor. If a tentative tract map has not been filed within that time, such number shall be null and void. If a tentative tract map has been filed within such year, the tract number issued shall remain valid until:

a.

In the case of disapproval, the date of such disapproving action; or

b.

The expiration date of the approval or conditional approval of the tentative tract map or any extension of time thereof.

B.

Prohibition of Number Change and Boundary Alteration. Each tract number shall be issued for a described parcel of land. When a tract number has been used to file a tentative tract map, no alteration of the boundaries of such described parcel of land shall be permitted unless and until such boundary alteration has been approved by the Planning Director. No other tract number shall thereafter be used to file a tentative tract map on such described parcel of land, and the tract number used for the filing of such tentative tract map shall not be used for filing a tentative tract map on any other parcel of land, unless and until such number change has been approved by the County Surveyor.

(Prior code § 35-19)

All tentative tract maps shall be filed in the office of the Planning Director in compliance with the following requirements:

A.

Preliminary Check Maps. A preliminary check map may be submitted at any time for the purpose of comparing the proposed map against the requirements of this section. Any such preliminary map need not comply with the currently applicable zoning regulations and shall not be deemed to be the filing of a tentative tract map. The submission of any such map shall include the number of copies specifically requested by the Planning Director.

B.

Filing Procedure. When the Planning Director has determined that a proposed tentative tract map complies with all applicable laws, ordinances and regulations, except as otherwise provided in Section 16.12.020 of this chapter, he or she shall approve it for filing by signing and dating his or her acceptance on the official file copy. Such determination shall be made within fifteen (15) days from the date the map is submitted to the Director. The filing of a tentative tract map shall include the appropriate number of copies of the map as specified by the Planning Director, together with any required accompanying material and the filing fee.

C.

Fee. A fee for a tentative tract map shall be established by resolution of the City Council to defray the costs of processing. Such fee shall be collected at the time the map is filed.

(Prior code § 35-20)

After the tentative tract map has been filed, it shall be reviewed by the Development Management Team and all other interested persons, officers, departments, districts or agencies in accordance with the following procedures:

A.

Distribution of Copies. When a tentative tract map has been properly filed and the subdivider has furnished the required number of copies, the Planning Director shall, within three working days, forward a copy thereof to the following:

1.

Development Management Team;

2.

County flood control district;

3.

Capistrano Unified School District;

4.

Utility companies;

5.

Any public agency or officer having an interest in the proposed subdivision, who requests copies of tentative tract maps.

B.

Development Management Team Meetings. The Development Management Team shall hold at least one meeting on each tentative tract map filed, and as many additional meetings as may be necessary, with the subdivider or his or her agent. The Development Management Team shall review subdivisions and make a determination on the following:

1.

The tentative tract map complies with all of the requirements of the San Clemente Zoning Code, or with pending zoning requirements that have been adopted by the City Council but have not yet become

effective.

2.

The tentative tract map complies with all of the requirements of the Local Park Code.

3.

Except where modifications are requested for exceptions, the tentative tract map complies with all of the requirements of the Subdivision Code and public works design standards.

4.

The tentative tract map complies with those provisions of the California Environmental Quality Act.

5.

The tentative tract map is compatible with the objectives, policies, general land uses and programs specified in the General Plan and any adopted applicable specific plan.

C.

Distribution of Report to Applicant. Any reports or recommendations on the tentative tract map that are submitted to the Planning Commission or City Council shall also be submitted, in writing, to the subdivider at least three calendar days prior to any meeting or action on the map by the Planning Commission or City Council.

D.

Failure to Receive Response from Agencies Reviewing Map. If any person, officer, department, municipality, district or agency does not report to the Planning Commission or City Council, in writing, within 20 days after the tentative tract map has been delivered or placed in the mail directed to the designated address and bearing the proper postage, such tentative tract map shall be deemed to be approved by that person, officer, department, municipality, district or agency.

(Ord. 1304 § 7, 2005; prior code § 35-21)

(Ord. No. 1565, § 1(Exh. A, § 12), 4-16-2013)

16.12.090 - Tentative map approval or denial.

A.

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

B.

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

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.

C.

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

D.

Conditions of Approval. .....The Planning Commission or City Council may include conditions of approval for a tentative tract map not in compliance with existing zoning regulations; provided, that such map complies with zoning regulations adopted by ordinance by the City Council but not yet effective. Such action shall include a condition that a final tract map of the subject parcel of land shall not be recorded until the appropriate zoning regulations have become effective.

E.

Public Access Requirements for Subdivisions Fronting Coastline or Shoreline. .....When a subdivision fronts coastline or shoreline, reasonable public access by fee or easement shall be provided from public highways to land below the ordinary high water mark on the ocean coastline or a bay shoreline within or at a reasonable distance from the proposed subdivision as a condition of approval of any tentative tract map. Such public access shall be expressly designated on the final tract map, and such map shall designate such access is dedicated to the City.

1.

"Reasonable public access" shall be determined by the review authority, considering the following:

a.

That access may be by highway, foot trail, bike trail, horse trail or any other means of travel.

b.

The size of the subdivision.

c.

The type of coastline or shoreline and the various appropriate recreational, educational and scientific uses; including, but not limited to, diving, sunbathing, surfing, walking, swimming, fishing, beachcombing, taking of shell fish and scientific exploration.

d.

The likelihood of trespass on private property and reasonable means of avoiding such trespasses.

2.

If reasonable public access is not provided through or across the subdivision itself, the review authority shall find: "public access is a reasonable distance from the subdivision." The finding shall be shown on the final tract map.

F.

Time Limits.

1.

A tentative tract map shall be acted upon within 50 days after the Director accepted and dated the filing of the tentative tract map; except, that such time limit may be extended by mutual consent of the subdivider and the decision making authority.

2.

As specified in Section 16.04.015, the Planning Commission is responsible for making recommendations to the City Council on the approval, conditional approval, or denial of subdivisions, excluding condominiums,

condominium conversions, community apartments, time shares, and stock cooperatives. For these subdivisions, the City Council shall act upon the tentative tract map within 30 days after the Planning Commission action; except, that such time limit may be extended by mutual consent of the subdivider and the City Council.

3.

If no action is taken within the time limits stated in subsections (F)(1) and (2) above, the tentative tract map, as filed, shall be deemed to be approved.

G.

Distribution of report to Subdivider. .....The approval, conditional approval or disapproval of a tentative tract map shall be reported, in writing, directly to the subdivider. This requirement shall be deemed to have been complied with when a report of the action has been placed in the mail directed to the subdivider at his or her designated address and bearing the proper postage.

H.

Withdrawal of Tentative Tract Maps. .....Any subdivider or record owner of property upon which a tentative tract map has been filed may withdraw such map at any time before a decision is made on a subdivision. Upon receipt of such notice, each person, officer, department, municipality, district or agency shall be notified from which a report was requested when the tentative tract map was filed. Upon the completion of such notification, the tentative tract map shall have been officially withdrawn. No refund in filing fee for any such map withdrawn shall be made.

(Prior code § 35-22)

(Ord. No. 1565, § 1(Exh. A, § 13), 4-16-2013; Ord. No. 1595, § 2(Exh. A, § 6, 5-5-2015)

16.12.100 - Limitations of Planning Commission and City Council actions.

A.

Time Limit for Recording. .....Within a period of 24 months after the date of the approval or conditional approval of a tentative tract map, the subdivider may cause the subdivision, or any part thereof, to be surveyed, and a final tract map to be prepared and recorded in accordance with the tentative tract map as approved. 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.

Failure to Record. .....Any failure to record a final tract map within the time period specified by subsection A of this section shall terminate all proceedings, and the approval or conditional approval of the tentative tract map shall be null and void. Before a final tract map may thereafter be recorded on the same parcel of land, a new tentative tract map shall be filed and approved.

C.

Revised Tentative Tract Maps.

1.

After the approval or conditional approval of a tentative tract map by the City Council any revised map shall comply with all regulations in effect at the time such revised map is filed.

2.

When a tentative tract map has been approved, no other subdivider shall file a different tentative tract map for the parcel of land without the express written consent of the current property owner or the original subdivider unless such previous tentative tract map has been invalidated by action of the City Council or by expiration of time.

3.

The approval or conditional approval by the City Council of any revised tentative tract map shall nullify all currently active approved tentative tract maps that are applicable to the same parcel of land.

D.

Changes in Tentative Tract Map. .....If a subdivider proposes to make significant changes to an approved tentative tract map, the subdivider shall request such change in writing and receive approval of the review authority that decided on the tentative map, prior to recording the final tract map.

E.

Changes in Conditions of Approval.

1.

A subdivider shall submit a written request to change conditions of approval prior to recordation of the final tract map. Such requests shall be reviewed and decided upon by the original decision making authority for the subdivision.

2.

Any such revision of conditions, shall not affect the time limit for recording a final tract map.

F.

Recordation of Tentative Tract Number. .....When a tentative tract is recorded in increments, the number used for the tentative tract shall be used to record the final increment.

G.

Exceptions to Final Action. .....The action of the review authority on any tentative tract is final except as contained in this section.

(Ord. No. 1163 § 86, 1995; prior code § 35-23)

(Ord. No. 1565, § 1(Exh. A, § 14), 4-16-2013)

Chapter 16.16 - FINAL TRACT AND PARCEL MAPS