San Clemente Municipal Code Ch. 16.08 Tentative Parcel Maps

Footnotes:

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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.

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:

1. 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 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)

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)

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)

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 City requirements.

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; Ord. No. 1803, § 4(Exh. A), 4-21-2026)

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)