§ 16.20

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.

(Prior code § 35-23.5-1)

16.20.020 - Intent and purpose.

A.

.....It is the purpose of this chapter to establish the procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and the subdivision regulations of the City of San Clemente. Except as otherwise set forth in the provisions of this chapter, the provisions of the Subdivision Ordinance shall apply to the Vesting Tentative Map Ordinance.

B.

.....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.

(Prior code § 35-23.5-2)

A.

.....No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the General Plan and any applicable specific plan or not permitted by the Zoning Ordinance of the City or other applicable provisions of this code or any code adopted by reference by this code.

B.

.....No vesting tentative map shall be deemed filed until:

1.

The zoning district of the proposed subdivision is consistent with the General Plan; and

2.

If an environmental impact report is required, until the environmental impact report is certified.

(Prior code § 35-23.5-3)

16.20.040 - Definitions.

A.

.....A "vesting tentative map" means a "tentative map" for a residential subdivision, or for a nonresidential subdivision effective January 1, 1988, and shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 16.20.060, and is thereafter processed in accordance with the provisions hereof.

B.

.....All of the definitions set forth in the subdivision regulations of the City are applicable.

(Prior code § 35-23.5-4)

A.

.....This chapter shall apply only to residential developments until January 1, 1988. Effective January 1, 1988, this chapter shall be applicable to both residential and nonresidential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the subdivision regulations of the City, requires the filing of a tentative map or a tentative parcel map for a development, a vesting tentative map may instead be filed, in accordance with the provisions hereof.

B.

.....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.

(Prior code § 35-23.5-5)

A vesting tentative map shall be filed in the same manner and shall have the same contents, accompanying data and reports, and shall be processed in the same manner as set forth in the subdivision regulations of the City for a tentative map, except as hereinafter provided:

A.

At the time the vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map."

B.

At the time the vesting tentative map is filed, the subdivider shall also supply the following information and documents:

A detailed grading plan which specifies total cubic yards of cut and/or fill and includes estimated total import or export;

2.

Diagrams and other information showing existing street, sewer, water and drainage facilities available to serve the subdivision;

3.

Diagrams and information concerning proposed street, sewer, water and drainage facilities to serve the proposed subdivision, including engineering calculations to support their adequacy;

4.

A hydrology study, which shall also include a hydrologic analysis of the proposed drainage facilities to convey runoff from the subdivision in a manner which will not adversely impact downstream properties;

5.

A detailed traffic analysis indicating existing traffic conditions, future traffic impact from the proposed subdivision and any proposed traffic-control devices;

6.

An acoustical analysis if such an analysis would otherwise be required prior to the construction of dwelling units; and

7.

A soils engineering report appropriate to the site as determined by the City Engineer.

(Prior code § 35-23.5-6)

16.20.070 - Other applications.

A.

.....Concurrently with the filing of a vesting tentative map, the subdivider shall file any other application (use permit, development allocation, zone amendment, CDC review, variance, etc.) or plans (landscape plans, grading plans, etc.) which would otherwise be required prior to the issuance of building permits.

B.

.....No vesting tentative map shall be approved or conditionally approved unless any and all required and concurrently filed applications are also approved.

C.

.....No subdivision, with respect to which a vesting tentative map was approved or conditionally approved, shall be developed in a manner inconsistent with the approval of a concurrently filed and required

application, except by consent of the approving agency.

D.

.....Any approval of a vesting tentative map for five (5) or more nonexempt residential units shall be conditional upon the review and approval of a development allocation application by the residential development evaluation board and City Council. Such review and approval shall be subject to the procedures established for the implementation of Chapter 15.48 of this code.

(Prior code § 35-23.5-7)

Unless otherwise provided by the Subdivision Map Act, an approved or conditionally approved vesting tentative map shall expire if the parcel map, or the final map, as the case may be, is not recorded within twenty-four (24) months after the date of such approval or conditional approval. This twenty-four (24) month time period shall apply to residential and nonresidential developments. An extension of time not exceeding two (2) years may be granted by the City Council provided the subdivider submits an application for extension fourteen (14) days prior to the expiration date.

(Prior code § 35-23.5-8)

16.20.090 - Fees.

Upon filing a vesting tentative map, the subdivider shall pay the fees required by City Council resolution for the processing of a vesting tentative map.

(Prior code § 35-23.5-9)

16.20.100 - Vesting on approval of vesting tentative map.

A.

1.

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 described in Government Code Section 66474.2.

2.

However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial conformance with the ordinances, policies and standards in effect at the time the vesting tentative map is approved or conditionally approved.

B.

.....Notwithstanding subsection A of this section, a permit, approval, extension or entitlement may be made conditional or 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;

2.

The condition or denial is required in order to comply with state or federal law.

C.

.....The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 16.12.100(A) of this code. If the final map is approved, these rights shall last for the following period of time:

1.

An initial time period of one (1) year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall be for each phase when the final map for that phase is recorded.

2.

If the subdivider submits a complete application for a building permit during the periods of time specified in subsection (C)(1) of this section, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

(Prior code § 35-23.5-10)

Chapter 16.24 - REVERSION TO ACREAGE