§ 19.16

All major subdivisions for which a tentative map is required by this Title shall conform to the following design requirements:

(a)

Except as approved by the City Engineer, no lot shall include land in more than a single tax code area. A building permit shall not be issued for a lot which includes land in more than one tax code area and a note reflecting such restriction shall be included on the final map.

(b)

Every lot shall contain the minimum lot area specified in zoning provisions of this Code for the zone in which the lot is located at the time the final map is submitted to the City Council for its approval; provided, however, if no lot area is established, every lot shall contain a net area of no less than 7,500 square feet.

(c)

At the time the final map is submitted to the City Council for its approval every lot shall front on a dedicated street or a street offered for dedication unless lots on private streets have been authorized pursuant to the zoning provisions of this Code; except for subdivisions for commercial or industrial purposes where the advisory agency or legislative body may permit lots fronting on private streets or common access easements. Whenever access to lots is provided by private streets or common access easements the subdivider shall establish a method satisfactory to the City Engineer and City Attorney to assure maintenance of the streets or easements.

(d)

Every lot shall have a width as specified in the zoning provisions of this Code for the zone in which the lot is located at the time the final map is submitted.

(e)

Through lots shall not be allowed unless vehicular access rights are relinquished to one of the abutting streets as approved by the City Engineer.

(f)

Unless otherwise authorized by the provisions of Title 20, lot depth shall be at least 90 feet. Lot depth shall be no greater than three times the average width except for minor subdivisions where the proposed lot depth to width ratio is less than that of the existing lot.

(g)

Whenever practical, subdivision of residential property abutting prime, major and secondary arterial routes shown on the circulation element of the City General Plan, railroads, transmission lines and open flood control channels shall be designed so that the lots do not front on nor have access from such rights-ofway.

(h)

Whenever practical, side and rear lot lines shall be located along the top of man-made or natural slopes.

(i)

Bicycle routes shown on the City's General Plan shall be included in the subdivision when such routes pass through or abuts the subdivision.

Whenever rights-of-way for streets are required to be dedicated in subdivisions containing 200 or more lots, the subdivider shall include bicycle routes when necessary and feasible for the use and safety of the residents.

(j)

Consideration shall be given to assuring proper development of abutting properties in the development of the circulation plan.

(k)

Each lot shall be designed to connect to the public sanitary sewer system. If a private sewage disposal system is proposed, the necessary permits for a private sewage disposal system for each lot shall be secured before issuance of the final map.

(l)

Unless the City Engineer determines that good engineering practice requires otherwise, all City facilities shall be designed to be located with street right-of-way dedicated to the City.

In addition to the requirements of Section 19.16.010, the design of a major subdivision for which a tentative map is required by this Title, shall also provide to the extent feasible for future passive or natural heating or cooling opportunities in the subdivision.

Examples of passive or natural heating opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure.

Examples of passive or natural cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvements requirements and, such provisions shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed.

The requirements of this Section do not apply to condominium projects which consist of the subdivision of airspace in an existing building when no new structures are added.

For the purposes of this Section, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, topographical, social and technological factors as the City Council or Planning Commission may determine.

All streets shown on a tentative map shall be in substantial conformance to the circulation element of the General Plan and they shall relate to the existing streets in the areas adjoining the subdivision. Such streets shall also conform to any applicable master plans, specific plans or other officially adopted street plans and to City street standards.

19.16.030 - Conversion of Mobilehome Park.

(a)

At the time of filing a tentative map for a subdivision to be created from the conversion of a mobilehome park to another use, the subdivider shall also file a plan specified by Government Code Section 66427.4.

(b)

If the provisions of Chapter 20.44 of this Code apply to the mobilehome park, the plan specified in Subsection (a) of this Section shall include the matters specified in Chapter 16.12 of this Code.

(c)

In determining the impact of the conversion on displaced mobilehome park residents, the plan shall address the availability of adequate replacement space in mobilehome parks. The subdivider shall make a copy of the plan available to each resident of the mobilehome park at least 15 days prior to the hearing on the map. If Chapter 19.12 applies, the subdivider shall also provide all notices required by Chapter 19.12 of this Code. The Planning Commission or City Council may require the subdivider to take steps to mitigate any adverse impact of the conversion on the ability of displaced mobilehome park residents to find adequate space in a mobilehome park and, shall make all findings required by Section 16.12.050.

(d)

When approving or conditionally approving a tentative map for conversion of a mobilehome park, the Planning Commission or the City Council shall do one of the following:

(1)

Mitigate any significant adverse impact of the conversion on the ability of displaced mobilehome park residents to find adequate space in a mobilehome park by zoning additional land for mobilehome parks.

(2)

Find that there is sufficient land zone for mobilehome parks or sufficient space available in other mobilehome parks for the residents who will be displaced.

(3)

Require the subdivider to mitigate any adverse impact pursuant to Subsection (c).

(4)

Find that the mitigation required by Subsections (d)(1) and (d)(3) are not feasible. "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, topographical, social and technological factors.

(a)

The subdivider shall offer to dedicate rights-of-way for streets within and adjacent to or fronting the subdivision in accordance with City standards.

(b)

No final map shall be approved unless the street or streets providing access to the subdivision are offered for dedication to a City, county or State, whichever has jurisdiction, and the street or streets meet City standards for right-of-way width.

(c)

Streets which are proposed on the boundaries of a subdivision shall have a dedicated width of no less than one-half the right-of-way width shown on the General Plan or City street standards, plus 12 feet. Access rights shall be relinquished along the outer edge of the right-of-way. Additional dedication may be required if a median is needed.

(d)

Where it has been determined by the City Engineer to be necessary to extend a street beyond the boundaries of a subdivision to provide adequate circulation for residents of the subdivision, the subdivider shall cause the required easements to be dedicated to the City and shall improve the easements in accordance with City standards.

(e)

Whenever any land to be subdivided is bounded by an inlet, bay, estuary, lagoon, river or stream, there shall be a street to and along such inlet, bay, estuary, lagoon, river or stream, or adequate public access to and along such boundary shall be provided or be made otherwise available in lieu of such street or any combination as the City Council or Planning Commission may require to ensure compliance with Chapter 4, Article 3.5 of the Subdivision Map Act.

(f)

Where a drainage facility or flood-control facility is necessary for the use of lot owners or for the protection of lots, adequate rights-of-way free and clear of all liens and encumbrances, for such drainage facilities or flood-control facilities shall be offered for dedication to the City or to such other public entities as the City Council designates and shall be shown on the map.

(g)

Where it is necessary to extend a drainage facility or flood control facility beyond the boundaries of the subdivision for adequate drainage, or flood control needs, the required rights-of-way shall be offered for dedication.

(h)

Drainage facilities and flood control facilities within and without the subdivision shall be provided so as to carry storm runoff, both tributary to and originating within the subdivision.

(i)

The subdivider shall offer to dedicate land for park purposes, pay fees in lieu thereof, or do a combination of both, pursuant to this Title or pursuant to Title 20.12 and the plans adopted thereto, or both.

(j)

The subdivider shall offer to dedicate in accordance with City standards the necessary right-of-way for bicycle routes under the following circumstances:

(1)

When such routes, as shown on the City General Plan, pass through or abut the subdivision.

(2)

When a subdivider is required to dedicate rights-of-way for streets in a subdivision containing 200 or more lots and the City Council finds that such route is necessary and feasible for the use and safety of the residents.

(k)

The subdivider may be required as a condition of approval of the tentative map to dedicate land for elementary school purposes. The requirement shall be subject to the provisions of Section 66478 of the

Subdivision Map Act.

(l)

Where required, a dedication or offer of dedication of a street shall include a waiver of direct access to such street from any property shown on a final map abutting thereon and, if the dedication is accepted, such waiver shall become effective in accordance with the provisions of the Subdivision Map Act.

(a)

Dedications shall be made according to the following provisions:

(1)

Unless otherwise provided herein, and authorized by the City Engineer, all dedications or offers of dedication required by the provisions of this Title or by condition of a subdivision approval, shall be by certificate on the final or parcel map.

(2)

An offer of dedication shall be in such terms as to be binding on the owners, his heirs, assigns or successors in interest, and except as provided in Section 66477.2 of this Act, shall continue until such dedication is accepted or the offer is abandoned or otherwise terminated. Any such dedication or offer of dedication shall be free of any lien burden or encumbrance which would interfere with the purposes for which the dedication or offer of dedication is required.

(3)

The subdivider shall provide a current preliminary title report or equivalent proof of title satisfactory to the City Engineer.

(4)

At the time the authorized agency approves the final or parcel map, it shall also accept, subject to improvement, or reject any offer of dedication. The City Clerk is authorized to act on behalf of the City in rejecting or accepting dedications with respect to minor subdivisions.

(5)

At the time of making a dedication or offer of dedication the Subdivider shall either:

a.

Warrant that all property dedicated or offered for dedication is free from hazardous or toxic waste or material, or other environmental contamination of which the subdivider has knowledge or reasonably should have knowledge through ownership of the property or through a reasonable investigation conducted in due diligence to discover the existence of such waste, material or contamination, or

(Ord. No. 91-903, 10-22-91)

b.

If the subdivider cannot make the warranty referred to herein, disclose to the public agency to whom the dedication or offer of dedication is made the nature and extent of any hazardous or toxic waste or material, or environmental contamination of which the subdivider has knowledge or has discovered through an investigation of the subject property and shall submit a plan whereby the subdivider will mitigate or remedy any effects of the waste, material or contamination on the property as required by any public agency with jurisdiction over the mitigation or remedying of such effects to the extent necessary to put the subject property into a condition that it may be used for its intended purpose by the public agency to whom it is dedicated or offered for dedication. The agency to which the property is to be dedicated may require the subdivider to complete any mitigation plan, or plan to remedy, before the offer of dedication is accepted.

(Ord. No. 91-903, 10-22-91)

(b)

The subdivider may file a protest in accordance with Section 66475.4 of the Subdivision Map Act, at the time of the imposition of a dedication requirement or within the time established by this Title for an appeal of a decision. The City Council shall hold a public hearing to determine if the protested requirements is excessive. If the dedication requirement is determined to be excessive, the City Council may require amendment of the tentative subdivision map, redesign of the subdivision, pay just compensation, or delete or modify the dedication found to be excessive. A dedication requirement is excessive to the extent it is not reasonably necessary to meet public needs arising as a result of the subdivision. This Section shall not apply to dedications imposed to mitigate identified adverse environmental impacts on the project or imposed pursuant to the provisions of a specific plan or a plan adopted pursuant to Chapter 20.12 of this Code, or as a condition of a zoning approval. "Dedication" shall have the meaning established by Section 66475.4 of the Subdivision Map Act.

(a)

No final map shall be approved, whether by the City Council or otherwise, unless the following requirements have been met:

(1)

The subdivider shall grade and improve or agree to grade and improve all land dedicated or to be dedicated for streets or other improvements, bicycle routes and all private streets and private easements shown on or required by the tentative map, in accordance with City standards;

(2)

The subdivider shall install, or agree to install, all drainage and flood control structures and facilities as required by the City Engineer, in conformance with City standards of other appropriate agencies as the City Engineer adopts;

(3)

The subdivider shall install, or agree to install, fire hydrants and connections of a type and location approved by the San Marcos Fire Chief. Fire hydrant connections, including valves, shall be installed to the rear or back of the sidewalk;

(4)

The subdivider shall provide all necessary easements and rights-of-way to accommodate all streets, drainage and flood control structures and facilities and sewer systems extending beyond the boundaries of the subdivision;

(5)

The subdivider shall provide for the subdivision to be connected to a domestic water system approved by the City and all water mains shall be of a material subject to the requirements of the water company or agency serving the subdivision. The subdivider shall install, or agree to install, all required water systems necessary to serve the subdivision and that all water lines, appurtenances and service connections shall be constructed or laid prior to paving of streets; and

(6)

The subdivider shall install, or agree to install, sewer lines of a type and size approved by the City Engineer to the property line of each lot within the subdivision and all sanitary sewer lines, appurtenances and service connections have been constructed or laid prior to paving or provisions have been made to ensure the construction.

(b)

If an offer of dedication of streets delineated on the map is rejected, surfacing in accordance with all applicable City standards shall be required on any street so rejected before occupancy of any lots within the subdivision, unless otherwise determined by the City Council; provided, however, this provision shall not be construed as relieving the subdivider of the obligation of:

(1)

Grading such rejected streets to grades and widths required by City standards.

(2)

Installing all drainage structures and facilities required by the City Engineer or by the tentative map approval.

(3)

Installing water-supply pipelines, fire hydrants and connections as may be required by the City Engineer and Fire Chief.

(c)

No surfacing is required on any private street laid out on any parcel map where each parcel shown on such map contains a gross area of 20 acres or more; provided, however, this provision shall not be construed as relieving a subdivider of the obligation of:

(1)

Grading such private streets to grades and widths required by City standards.

(2)

Installing all drainage structures and facilities required by the City Engineer, which shall conform to City standards.

(3)

Installing water supply pipelines, fire hydrants and connections as may be required.

Nothing in this Subsection shall prohibit the City Engineer from requiring surfacing or other measures as will assure all weather access to any parcel or lot prior to any building materials being placed on such parcel or lot.

(d)

All new utility distribution facilities, including cable television conduit and lines within the boundaries of any new subdivision or within the half-street abutting a new subdivision shall be placed underground. All existing utility distribution facilities within the boundaries of any new subdivision or within any half-street abutting any new subdivision shall be placed underground except where the City Engineer determines that it is not feasible to place the existing facilities underground with any single half-street section due to the existence of overhead utility services to properties on the opposite sides of that half-street section, or such other reason as the City Engineer deems controlling. In which cases the subdivider shall execute and record a covenant running with the land not to oppose a local improvement district for underground placement of utilities and to pay a fee in an amount estimated by the City Engineer to be the cost of the undergrounding.

In developments where overhead utility distribution facilities are allowed to remain, all new services to existing lots and lots created according to the provisions of this Title shall be installed underground from the nearest utility pole.

The subdivider is responsible for complying with the requirements of this Subsection and he shall make the necessary arrangements with each of the serving utilities, including franchised cable television operators, for the installation of such facilities. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts and other facilities necessarily appurtenant to such underground utilities and street lighting systems may be placed above ground, subject to approval of the City Engineer as to type and location. The provisions of this Subsection shall not apply to the installation and maintenance of overhead electrical transmission lines in excess of 64,000 volts and long distance and trunk communications facilities. The installation of cable television lines may be waived when, in the opinion of the City Council, no franchised cable television operator is found to be willing and able to install cable television lines in the subdivision. Notwithstanding any such waiver, the installation of cable television conduits is required.

(e)

Unless otherwise approved by the City, all utility facilities shall be placed in the street right-of-way or other easement dedicated to the City for utility purposes.

(f)

The subdivider shall construct, or cause to be constructed, at his cost, a street lighting system conforming to City standards.

(g)

Where the City has adopted a flood-control element or drainage element of the General Plan, any improvements shall conform to such element wherever possible.

(h)

The subdivider shall comply, or agree to comply, with all the conditions of approval contained in the resolution approving the tentative map and not otherwise provided for by this Section.

(i)

If the improvements are required for a designated remainder parcel, the fulfillment of such requirements by the construction of improvements shall not be required until such time as a building or grading permit for development of the parcel is issued by the City or until such time as the construction of such improvements is required pursuant to an agreement between the subdivider and the City. In the absence of such an agreement, the City Council may require fulfillment of some or all of such construction requirements within a reasonable time following approval of the final map and prior to the issuance of a building or grading permit for the development of a remainder parcel upon a finding that fulfillment of the construction requirements is necessary for reasons of public health and safety or that the construction is a necessary prerequisite to the orderly development of the surrounding area.

(j)

All improvements shall be constructed according to plans prepared by a registered civil engineer and approved by the City Engineer.

(a)

The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity, number or length for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map and, thereafter, to dedicated such improvements to the public. However, when such supplemental size, capacity, number or length is solely for the benefit of property not within the subdivision, the City shall enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements pursuant to the provisions of the Subdivision

Map Act, or in the alternative, enter into such other agreement or procedure which will assure that said difference is paid or agreed to be paid by the owners of such other benefitted property.

(b)

The City Manager or City Council on appeal shall determine the method for payment of the costs required by a reimbursement agreement which may include, but is not limited to, the establishment and maintenance of local benefit districts for the levy collection of such charge or costs from the property benefitted.

19.16.056 - Supplemental Improvements—Reimbursement Agreement—Funding Procedures.

(a)

No charge within the area of benefit shall be levied and no local benefit district shall be established unless and until a public hearing held thereon by the body charged with ruling on the tentative map and such body finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.

(b)

In addition to the notice required by the Government Code Section 66451.3, written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized county assessment roll(s), and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by first class mail, postage prepaid to the City Clerk at least ten days prior to the date established for the hearing. The failure to receive such mailed notice shall not invalidate the proceedings or agreement.

19.16.057 - Supplemental Improvements—Drainage, Sewerage, Bridges and Major Thoroughfares.

If the City has adopted a local drainage or sanitary sewer plan or map as required for the imposition of fees therefore, or has established an area of benefit for bridges or major thoroughfares as provided in Chapter 19.08 of this Title, the City may impose a reasonable charge on property within the area benefitted and may provide for the collection of said charge as set forth in Chapter 19.08. The City may enter into reimbursement agreements with a subdivider who constructs said facilities, bridges, or thoroughfares and the charges collected by the City, therefore, may be utilized to reimburse the subdivider.

Unless the conditions of the tentative map approval require the subdivider to construct improvements prior to final map approval, the subdivider may elect to agree to construct improvements or to otherwise comply with the requirements of this Title and with the conditions in the resolution approving the tentative map or, if authorized by the City Council, may contract to initiate and consummate special assessment or special taxing district proceedings in lieu of constructing improvements, as provided in Subdivision Map Act Section 66462. If the subdivider consents, or the City Council requires pursuant to Section 19.16.040, the agreement may provide for the improvements for a designated remainder parcel prior to issuance of a building or grading permit for such parcel. In addition, the subdivider shall prepare and deposit with the City Engineer detailed plans and specifications of the improvements to be constructed or the conditions to

be met. The plans shall be prepared by a registered civil engineer and approved by the City Engineer. The plans and specifications shall be made a part of any such agreement or contract and of the improvement security securing the same. The agreement shall be in a form approved by the City Attorney. The City Manager is authorized to sign such agreements on behalf of the City.

The improvement agreement referred to in Section 19.16.060 shall be secured by one of the following:

(a)

A bond or bonds by one or more duly authorized corporate sureties substantially in the form prescribed by Subdivision Map Act Sections 66499.1 and 66499.2.

(b)

A deposit either with the City or a responsible escrow agent or trust company selected by the City of cash or negotiable bonds of the kind approved for securing deposits of its public monies.

(c)

An irrevocable instrument, or instruments, of credit from one or more responsible financial institutions regulated by federal or State government and pledging that the funds are on deposit and guaranteed for payment on demand by the City.

(d)

An irrevocable letter of credit, or irrevocable letters of credit, in a form approved by the City Attorney, issued by a financial institution regulated by the federal government or this State and approved by the City Manager. The letter of credit shall be subject to provisions of Section 66495.6 of the Subdivision Map Act.

Improvement security shall be in the following amounts:

(a)

One hundred percent of the total estimated cost of the improvement or act to be performed conditioned upon the faithful performance of the act or agreement.

(b)

Fifty percent of the total estimated cost of the improvement or act to be performed securing payment of the improvement or act to be performed securing payment to the contractor, the subcontractors and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act.

(c)

Twenty-five percent of the total estimated cost of the improvement or act to be performed to guarantee or warranty the work for a period of one year following completion and acceptance thereof against any defective work or labor done or defective materials furnished.

(d)

The improvement security shall also include an additional amount as determined by the City Manager, as necessary to cover the cost and reasonable expenses and fees, including reasonable Attorneys fees, which may be incurred by the City in successfully enforcing the obligation secured.

(e)

The improvement security shall also secure the faithful performance of any changes or alterations in the work to the extent that such changes or alterations do not exceed ten percent of the original estimated cost of improvement.

(f)

Whenever an entity required to furnish security is a California nonprofit corporation funded by the United States of America or one of its agencies, or the State of California or one of its agencies, the entity shall not be required to comply with Subsections (a) or (b), provided that the conditions established by Government Code Section 66499.3(c) exist.

The improvement security required under this chapter shall be released in the following manner:

(a)

Security given for faithful performance of any act or agreement shall be released upon the final completion and acceptance of the required act or work, subject to the provisions of Subsection (b) hereof.

(b)

The City Engineer may release a portion of the security in conjunction with the acceptance of the performance of the act or work as it progresses upon application therefore by the subdivider; provided, however, that no such release be for an amount less than 25 percent of the total improvement security given for faithful performance of the act or work and, that the security shall not be reduced to an amount less than 50 percent of the total improvement security given for faithful performance until final completion and acceptance of the required act or work. In no event shall the City Engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the required act or work and any other obligation imposed by this Title, the Subdivision Map Act or the improvement agreement.

(c)

Security given to secure payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the act or work, be reduced to an amount equal to an amount of all claims therefore filed and, of which notice has been given

to the legislative body plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured thereby. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

(d)

No security given for the guarantee or warranty of work shall be released until the expiration of the guarantee or warranty period thereof.

(e)

No security shall be released except as provided in Subsections (a)—(d), inclusive of this Section or, unless appropriate securities are substituted and approved in the manner provided in this Title.

(f)

Partial releases of a security shall be made by a writing signed by the City Engineer. A true copy of the writing shall be dated with the security instrument on file in the office of the City Clerk. The City Clerk may return a security instrument to the person or entity which provided it upon total release of the security provided that the City Clerk retains a true copy of the security instrument along with the release documents.

(g)

The City Engineer may establish administrative processing requirements as necessary to ensure implementation of this Section.

Upon the failure of the subdivider to complete any improvement, or to perform any acts or obligations imposed upon the subdivider, within the time specified or upon the breach of an agreement entered into pursuant to Section 19.16.060, the City Manager may determine that the subdivider is in default and may cause the improvement security, or such portion thereof as is necessary to complete the work or act and any other obligations of the subdivider secured thereby, to be forfeited to the City.

Whenever a subdivider is required as a condition of a tentative map to construct or install off-site improvements on property which neither the subdivider nor the City owns, not later than 60 days prior to filing the final map for approval, the subdivider shall provide the City with reports and data, including, but not limited to, an appraisal and title report, to enable the City to commence proceedings pursuant to Title 7 of Part 3 of the Code of Civil Procedure to acquire an interest in the land which will permit the improvements to be made, including proceedings for immediate possession of the property pursuant to Article 3 of said Title. The subdivider shall agree, pursuant to Section 19.16.060, to complete the improvements at such time as the City has a sufficient interest in the property to permit the construction of the improvements. The subdivider shall bear all costs associated with the acquisition of the property interests and the estimated cost thereof shall be secured as provided in Section 19.16.070.

If the design of a common interest development is subject to review and approval pursuant to Title 20 of this Code, such review and approval shall be obtained prior to or concurrently with the approval of the tentative map. If the design of a common interest development is not subject to review pursuant to Title 20 of this Code, the tentative map shall be accompanied by a site plan showing the design of the development. The site plan shall be consistent with the provisions of Title 20 and shall be approved, conditionally approved or denied along with the tentative map. Development of the project shall be consistent with the approved or conditionally approved design.

CHAPTER 19.17 - VESTING TENTATIVE MAPS