HomeMy WebLinkAboutORD 0847 (1981) ORDINANCE No. 847
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA
AMENDING CHAPTER 3 OF ARTICLE 9 OF
THE TUSTIN CITY CODE PERTAINING TO
SUBDIVISIONS
The City Council of the. City of Tustin, California, ordains as follows:
Chapter 3 of Article 9 of the Tustin City Code is amended to read as follows:
CHAPTER 3
SUBDIVISIONS
PART 1 GENERAL
9310 ADOPTION OF THE SUBDIVISION MAP ACT
For the purpose of prescribing regulations for the improvement, design, and control
of the division of land within the boundaries of the City of Tustin, the Subdivision
Map Act commencing at Section 66410 of the Government Code of the State of California
is hereby.. adopted by this reference and incorporated herein together with all amend-
ments to the 'Subdivision Map Act (hereinafter referred to as the "Act") which may
from time to time be adopted as though fully set forth hereat together with the
amendments and provisions hereinafter set forth.
9311 DEFINITIONS (66414)
In addition to the definitions set out at Division 2, Chapter 1, Article 2 of the Act
commencing at Section 66414, the following'definitions' shall be applicable to this
Chapter:
"Advisory Agency" - The Planning Commission and/or Planning Agency as established by
the City Ordinance shall be the advisory agency for review of tentative and final
maps.
"Appeal Board" - The City Council of the City of Tustin.
"Arterial Highway" - A thoroughfare not less than eighty feet in right-of-way width
that forms an important unit in the ~City, County or State highways system, and shown
as a major highway on any master plan of streets and highways approved by City
Counqil.
"Block" - Atract of land within a subdivision entirely bounded by streets, highways.
or ways, except alleys; or by streets, highways or ways, except alleys and the
exterior boundaries of the subdivision.
"Collector Street" - A thoroughfare having a width of not less than sixty feet of
right-of-way width and of secondary importance in the City, County or State highway
system, and shown as a collector street on any general or specific plan of streets
and highways approved by the City Council.
"Final p - A map prepared in accordance with the provisions of this Chapter and
Ma"
designed to be placed on record in the office of the County Recorder.
"Freeway" - A thoroughfare which provides for the movement of traffic in opposite
directions on either side of a dividing island and which has no crossing at grade, no
access from abutting property and is designed for through traffic and shown as a
freeway on any master plan of streets and highways approved by the City Council.
"Local Street" - A street of minor importance in the City, County or State highway
system, and intended wholly or principally for local traffic.
"Map Act" or "Act" -The Subdivision Map Act of the State of California, commencing
with Section 66410 of the Government Code.
"Owner" - The individual, firm association, syndicate, partnership or corporation
having sufficient proprietary interest in the land sought to be subdivided to com-
mence and maintain proceedings to subdivide the same under this Chapter, and while
used herein in the masculine gender and singular number, it shall be deemed to mean
Ordinance No. 847
Page 2, 6-1-81
the feminine and neuter gender and plural number whenever required.
"Parcel Map" - A map prepared and submitted for any subdivision creating 4
parcels or less and for those subdivisions containing 5 or more parcels under
those conditions contained in Section 66426 of the Map Act.
"Planning Agency" - The Planning Agency shall be the Planning Commission, City
Council, or Community Development Department, as now or hereafter designated
by Ordinance of the City Council pursuant to Section 65100 of the Government
Code.
"Planting Strip" - A strip of land adjacent to a freeway, major highway or
scenic highway, reserved for a planting screen for the purpose of providing a
protective buffer between the public right of way and adjoining property and
of controlling access to the public right of way.
"Private Street" - Any parcel of land not dedicated as a public street and
used or intended to be used for ingress to or egress from a lot or lots which
may or may not have frontage on a public street.
"Scenic Highway" - A highway beautified by plantings for the pleasure of those
who use it, with sign controls, and shown as a scenic highway on any general
or specific plans of streets and highways approved by the City Council.
"Service Road" - That portion of an arterial highway lying outside of the
principal roadway thereof, separated therefrom by a dividing island and pro-
viding ingress to and egress from-abuttingproperty.
"Staff" - The City Engineer, Community Development Director and/or department
heads of the City of Tustin.
9312 POWERS AND DUTIES OF THE PLANNING AGENCY
The Planning Agency shall review and recommend to the City Council the recom-
mended actions, findings, and conditions pertinent to the application for a
division of land pursuant to this chapter.
9313 POWERS AND DUTIES OF THE CITY COUNCIL
The City Council shall have the final approving authority for the division of
land and subdivisions as specified by law and by this chapter and upon all
matters filed as an appeal from the decision of staff and/or advisory agency.
9314 EXCEPTIONS (66412)
In addition to the exclusions from application of the Map Act specified there-
in, the requirements of this chapter shall be inapplicable to subdivisiom~ of
four parcels or less for construction of removable commercial buildings having
a floor area of less than 100 square feet. (66412.5)
9315 APPEALS (66452.5d)
a. An appeal may be made to the City Council by any subdivider or any
interested person adversely affected concerning any decision, determination,
or requirement of the Planning Agency or city staff by filing.a notice thereof
in writing with the City Clerk within 15 days after such decision or require-
ment is made.
Ordinance No. 847 ~
Page 3, 6-1-81 )
b. An appeal shall set forth in detail the a~tion and grounds upon which
the subdivider or interested party deems aggrieved. The appeal may be made on
the basis of the mandatory findings and/or required findings of consistency
with general or specific plans.
c. The right of appeal to the City Council shall be exercised by the
payment of a filing fee and filing of an appeal pursuant to the requirements
for notice and public hearing as specified by the Zoning Ordinance for appeals
to the City Council. Such public hearing shall be held within 30 days after
the date of filing the appeal.
d. Upon conclusion of the hearing, the City Council shall within 7 days,
declare its findings based upon the testimony and documents produced before it
or before the Planning Agency. It may sustain, modify, reject, or overrule
any recommendations or rulings of the Planning Agency and_ may make such find-
ings as are not inconsistent with the provisions of this chapter and.the~State
Subdivision Map Act.
PART 2 MAPS - GENERAL
9320 MAP REQUIREMENTS (66425-66431) ~
In addition to the requirements of the Act, the subdivider shall su~mitthe
Site Plan, Elevations and Landscaping for the subdivision. to the City for
review pursuant to Section 9272 of the Tustin City Code for design review.
9321 PARCEL MAP REQUIREMENT (66428)
A Parcel Map shall be required for all s~divisions, including the conversion
of fewer than five existing dwelling units to a stock cooperative, as defined
in Section 11003.2 of the Business and Professions Code, as to which a final
on Parcel Map is not otherwise required by Division 2, Chapter 2 of the Act
except that a parcel map may be waived by the Planning Agency subject to the
following procedures:
a. A tentative map is filed by the subdivider, with drawings and such
other information as may be required by the Agency to substantiate required
findings.
b. The Planning Agency finds and determines that the proposed division
of land complies with the requirements of the City as to:
area
2. improvement and design
3. floodwater drainage control
4. appropriate improved public roads
5. sanitary disposal facilities
6. water supply availability
7. environmental protection
8. all other requirements af the Subdivision Map Act
Ordinance No. 847
Page 4, 6-1-81
c. Required dedications or irrevocable offers of dedication shall be
made by deed.
PART 3 - TENTATIVE MAPS
9330 CONTENT AND FORM
The content and form of tentative maps shall be governed by the-provisions of
this ·chapter and shall be prepared in accordance with the following ·criteria
unless said requirements are specifically waived by the city:
a. Map Size
1. The minimum map size shall be 18"x26"
2. The maximum~ map size shall be 36" x 48", unless a larger size
is necessary, in accordanc~ with the scale requirements, to include all of the
map area on one sheet.
Each map shall be drawn to an engineer'srscale large enough to clearly
show the details of the plan thereon. The minimum scale shall be one inch
equals 100 feet unless~otherwise approved, ~and in no case shall the scale
be smaller than one inch equals 200 feet.
b. Map Scale ....
Each map shall be dr~wn to an engineer'~ scale large enough to clearly
show the details of th% plan thereon. The minimum scale shall be one inch
equals 100 feet unless otherwise approved/and in no case shall the scale
be smaller than one inch equals 200 feet.
c. Graphic and Linear Represantation
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 llne
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 lined and
labeled as to intended use, whether existing or proposed and whether to remain
or to be removed.
6. Existing contours - light dashed line with elevations denoted.
9331 REQUIRED INFORMATION
a. A Title Block Containing the Following Information:
1. The tentative tract nUmber
2. Names, addresses, and telephone numbers of the property owner
or owners of record, the subdivider, and the ~erson and firm that proposed the
map.
b. Descriptive Information
1. North arrow, scale,, date, number of lots, gross area, and con-
tour interval.
c. Location and Boundary Delineation
Ordinance No. 847
Page 5, 6-1-8i
1. The tentative tract map boundary lines shall be to the center-
line 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 (person certifying ownership in Sec. 9323), 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 tenta-
tive 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.
d. Supplemental Information
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 foreach!parcel not proposed as
a building site and an explanation as to its intended use.
4. The width and approximate locations of all existing and pro-
posed easements or rights-of-way, whether public or private, for roads, drain-
age, sewers, or flood control, slope maintenance or recreation purposes.
5. The locations, widths and approximate grade of all existing and
proposed street and highway improvements including street intersections, medi-
ans, driveways, alleys, curbs and gutters, sidewalks, and pavement edges with-
in the proposed tract. Said locations may be shown either in plan or by ref-
erence 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 haz-
ard and the locations, widths and directions of flow of all watercourses and
flood control channels.
8. 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.
9. The location of any excavations within the subdivision or with-
in 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.
10. Use or uses proposed in the tentative tract as specified by
applicable or pending zoning district regulations. If for multiple family
dwelling uses (including condominium and community apartment projects) the
proposed number of units shall be stated.
Ordinance No. 847
Page 6, 6-1-81
ll. Type and extent of proposed street improvements, and diagrams
of typical street sections.
12. Approximate radius of all centerline curves on highways,
streets, alleys, and vehicular accessways.
13. Proposed method of sewage disposal and the name of the sewering
agency, and the capacity of the collector and the sewage treatment facility.
14. Name of proposed water .supplier.
15. Type of other utilities which are proposed to serve the sub
division, 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 above ground
or underground.
16. The drainage area tributary to the subdivision and statement
setting forth in detail, but not quantitatively, the manner in which storm
run-off will enter the subdivision, the manner in which it will be carried
through the subdivision, 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.
~7. A statement certifying to one of the following and signed by
the subdivider or his 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 tentative tract map.
18. The park location, dimensions, net area, and access if a park
is to be provided; and a statement setting forth, in detail, how the require-
ments of the Local Park Code are to be accomplished.
19. The height, area and configuration of man-made slopes shall be
clearly shown. All slope areas shall be shown by type.
20. The approximate location of all trees standing within the
boundaries of the proposed map.
21. A copy of any restrictive convenants proposed shall be appen
dixed to the map.
22. A "Revision Block" shall be placed on each revised map and all
changes shall be clearly indicated.
PART 4 FINAL MAPS
9340 CONTENT AND FORM (66434)
In addition to the requirements of Division 2, Chapter 2,'Article 2 of the
Subdivsion Map Act, the content and form of final maps shall be as specified
herein.
Ordinance No. 847
Page 7, 6-1-81
a. Sufficient data must be shown to readily determine the bearing and
length or every lot line, block line and boundary line. Dimensions of lots
must be given as to net dimensions to the boundaries of adjoining streets, and
shall be shown in feet and hundredths of feet. No ditto marks shall be used.
Lots containing one acre or more shall show net acreage to nearest hun-
dredths. Lots containing less than one acre shall show net area in square
feet. Bearings and distances of straight lines, radial lines, and all arc
length data for curves shall be shown.
b. Whenever the City Engineer has established the center line of a street
or alley adjacent to or in the proposed subdivisions, the data shall be shown
on the final map, indicating all monuments found making reference to a field
book or map. If the points were reset by ties, that fact shall be stated.
c. The final map shall show the location and description of all monuments
found in making the field survey of the subdivision.
d. The map shall show the line of high water, in case the subdivision is
adjacent to a stream, and the areas subject to periodic inundation by flood
waters.
e. The map shall show the center and side lines of all streets, the total
width of all streets, the width of the portion being dedicated and the width
of existing dedications, the widths each side of the center line and the width
of railroad rights-of-way appearing on the map.
f. The map shall show the side lines of all easements to which the lots
are subject. The easements must be clearly labeled and identified, and if
already on record, its recorded reference given. If any easement is not
definitely located of record, a statement of such easement must appear on the
title sheet. Easements for storm drain, sewers and other purposes shall be
.indicated by dotted lines of the same width as the lines denoting street
boundaries. The width of the easement and the lengths and bearings of the
lines thereof and sufficient ties thereto definitely locate the easement with
respect to the subdivision must be shown. If the easement is being dedicated
by the map, it shall be properly set out in the owner's certificate of dedica-
tion.
g. City boundary lines crossing or abutting the subdivision shall be
clearly designated and referenced.
h. Lot numbers shall begin with the number "1" and shall continue con
secutively through the tract, with no omissions or duplications.
i. The final map shall particularly define, delineate and designate all
lots intended for sale or reserved for private purposes, all parcels offered
for dedication for any purpose, public or private, and any private streets
permitted under the provisions of this article, with all dimensions, bounda-
ries courses clearly shown and defined in every case. Parcels offered for
dedication but not accepted shall be designated by letter, and private streets
offered, but not accepted for dedication shall have inserted the words,"not a
Public Street".
j. Maps filed for the purpose of reverting subdivided land to acreage
shall be conspicuously titled "The Purpose of the Map is a Reversion to
Acreage."
Ordinance No. 847
Page 8, 6-1-81
PART 5 PARCEL MAPS
9350 CONTENT AND FORM (66445)
In addition to the requirements of Division 2, Chapter 2, Article 3 of the
Subdivision Map Act, the content and form of parcel maps shall be as specified
herein.
a. Graphic and Linear Representation
Proposed lines and features within the parcel map shall be
represented on the map as follows:
1. Parcel map boundary - heavy, double-width solid line
2. Proposed streets and parcel line - heavy solid line.
3. Existing parcel line - light solid line.
4. Easements - light dashed line and labeled as to intended use,
whether existingor 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.
6. Existing contours -light dashed line with 'elevations denoted.
9351 REQUIRED INFORMATION
a. Title Block
Names, addresses, and telephone numbers of the property owner or owners of
record, the subdivider, and the person and firm that proposed the map.
b. Descriptive Information
North arrow, scale, date, number of parcels, gross area, and contour
interval.
c. Location and Boundary Delineation
1. The parcel map boundary lines shall be to the center line 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, 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 parcel map boundary lines shall be to the limits of
fee ownership within such streets or highways.
2. A general location diagram showing the location of the parcel
map in relation to existing and proposed arterial highways, including the
closest approximate distance from each highway to the parcel.
Ordinance No. 847
Page 9, 6-1-81
3. A description of the parcel map 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 map.
d. Supplemental Information
1. If the parcel or parcels being subdivided is a parcel or par-
cels on a recorded parcel map, or a record of survey map, or a lot or lots
on a recorded tract map, reference shall be made to said recorded map. In
the event the parcel or parcels has not been shown on such recorded parcel
map or recorded tract map, or has not been shown on a record of survey
map, a convey-ance or conveyances legally dividing such parcel or parcels
from surrounding parcels shall be attached to the map application.
2. The parcel layout, including the dimensions of each parcel and
a number for each proposed parcel.
3. The proposed use of parcels.
4. The width and locations of all existing or proposed easements
or rights-of-way, whether public or private, for roads, drainage, sewers,
or flood controls or slope maintenance.
5. The locations, widths and grades of all proposed street and
highway improvements, including street intersections, medians, driveways,
alleys, curbs and gutters, sidewalks, and pavement edges within the pro-
posed tract. Said locations may be shown either in plan or by reference to
a cross-section on the 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 parcel map.
7. The locations of all areas subject to inundations or flood haz
ard and the locations, widths and directions of flow of all water-courses
and flood control channels.
8. 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.
9. The location of any excavations 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.
10. Use or uses proposed in the tentative tract as specified by
applicable or pending zoning district regulations. If for multiple-family
dwelling uses (including condominium and community apartment projects),
the proposed number of units shall be stated.
11. Approximate radius of all centerline curbs on highways,
streets, alleys, and vehicular accessways.
Ordinance No. 847
Page 10, 6-1-81
12. Proposed method of sewage disposal and the name of the sewering
agency, and the capacity of the collector and the sewage treatment facil-
facility.
13. Type of other utilities which are proposed to serve the subdi-
subdivision, including but not limited to gas, electricity, communica-
tions, 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.
~4. The drainage area tributary to the subdivision and a statement
setting forth in detail. The manner in which storm run-off will enter 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.
~5. A statement certifying to one of the following and signed by
the subdivider or his 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 parcel map.
16. The height, area and configuration of man-made slopes shall be
clealy shown. All slope areas shall be shown by type.
17. The approximate location of all trees standing within the
boundaries of the proposed map.
18. A copy of any restrictive covenants proposed shall be appen-
dixed to the map.
19. A "Revision Block" shall be placed on each revised map and all
changes shall be clearly indicated.
PART 6 PROCEDURES AND FEES
9360 PROCEDURES IN GENERAL (66451)
Tentative Tract Maps, Parcel Maps, and Final Maps shall be processed in accor-
dance with Division 2, Chapter 3 of the Subdivision Map Act and the procedures
of this chapter.
9361 PROCESSING OF TENTATIVE MAPS (66452)
a. Preliminary Review
~. Preliminary maps for tentative subdivisions may be submitted to
the Community Development Department in ten (~0) copies, for preliminary staff
review to determine complianqe with the terms and criteria of this Chapter.
Ordinance No. 847
Page 11, 6-1-81
2. A copy of the preliminary map shall be returned to the subdivider
with corrections noted, in not more than 30 days from date of submission.
b. Filing of Tentative Maps
1. Ten (10) copies of a tentative tract map shall be filed with the
Community Development Department thirty (30) days prior to the date of the
scheduled meeting Of the Planning Agency, at which time the proposed map will
be considered, or such longer period as may be required pursuant to the Cali-
fornia Environmental Quality Act, not to exceed fifty (50) days from date of
filing.
2. In addition to the ten (~0) copies of the map, a 8 1/2" x 11"
transparency of each map sheet shall be submitted by an applicant.
3. A filing fee, as required by this ordinance, shall be paid to the
City at the time of submitting the map for filing.
4. The processing of subdivision maps, as related to time and proce-
dures shall be in compliance with the California Environmental Quality Act,
and no map shall be accepted forfilinguntil satisfactionof the requirement
for Environmental Documents as approved by the Community Development Director.
c. Staff Report (66452.3)
The'Community Development Director shall furnish a copy of the staff
report, recommendations, and environmental status to the Planning Agency and
the subdivider not less than three days prior to the scheduled action on such
map.
d. Expiration Date (66452.6)
An approved or conditionally approved tentative map shall expire 18
months after its approval or conditional approval.
9362 PROCESSING OF FINAL MAP (66456)
a. Plan Check
1. Final tract maps shall be submitted to the Community Development
Department in three (3) copies for preliminary plan check by staff and for
determination of compliance with the terms and conditions of the approved ten-
tative tract map.
2. A plan check' fee, as required by this Chapter, shall be paid to
the City at the time of submitting the map for plan check.
3. A copy of the check prints of the final tract map shall be
returned to the subdivider with required corrections noted.
b. Filing of Final Maps
~. Upon completion of corrections, if any, of the map, final tract
maps shall be filed with the Community Development Department in three (3)
copies for certifications and approval.
2. In 'addition to the three (3) copies of the final tract map, an
8 ~/2" x 11" transparency of each map sheet shall be submitted to the City by
the applicant.
Ordinance No. 847
Page 12, 6-1-81
3. Concurrently with the filing of a final tract map with the City,
the subdivider shall submit the map to the office of the Orange County
Surveyor for boundary check.
9363 PROCESSING OF PARCEL MAPS (656463)
Parcel maps shall be processed pursuant to the procedures for tentative and
final maps.
9364 FEES (66451.2)
Fees for the processing of subdivisions shall be paid to the City at the time
of submission of applications, in accordance with this section and as adopted
by Resolution of the City Council.
a. Tentative Map Fees
A filing fee for filing a tentative tract map or tentative parcel map
shall be 'collected by the Community Development Department and shall be
deposited to the Tustin General Fund
1. When a tentative tract map is filed having more than one tract
number, the fee shall be calculated on the basis of one tentative tract map
and the sum of all lots shown thereon.
2. When additional property is added to a tentative tract map
previously filed, the fee for such added property shall be'the same for each
added lot as for each numbered or lettered parcel on the tentative map.
b. Final Map Fees
In addition to the finaling fee required for each final tract map and
final parcel map, a plan check fee shall be collected by the Community
Development Department and shall be deposited to the Tustin General Fund.
c. Improvement Plan Check and'Inspection Fees
At the time a permit is issued by the City Engineer for said con-
struction, the subdivider shall pay to the City as fees for engineering plan
check and inspection as set forth in the Handbook for Planning, Zoning and
Development, adopted May 17, 1973 as amended subdivider shall submit three (3)
sets of improvement plans for plan check to the City Engineer.
d. Reversion to Acreage Fees
A filing fee shall be paid to the City upon presenting a petition to
revert property to acreage.
Ordinance No. 847
Page 13, 6-1-81
e. Certificate of Compliance Fees
A processing fee shall be paid to the City upon the presentation of an
application for a certificate of compliance.
f. Lot line Adjustment Fees
A processing fee shall be paid to the City upon the presentation of an
application for lot line adjustment.
PART 7 DEDICATIONS, RESERVATIONS, and IMPROVEMENTS
9370 DEDICATIONS
Pursuant to the authority of Division 2, Chapter 4, Article 3 of the Subdivi-
sion Map Act, dedicati6n or irrevocable offer of dedication of real property
shall be required.
a. Elementary School Sites (66478)
Any subdividerwho develops or. completesl the! development of one or
more subdivisions shall be required to dedicate such land as the City Council
shall deem necessary for elementary schools.
b. Dedication of School Facilities without Reimbursement
Pursuant to the authority and procedures of Section 65970 st. seq. of
the Government Code, the City may require the developer to dedicate school
facilities without reimbursement as a condition of map approval, or the
request of fees, subject to the required findings of over-crowding by the
Board of the Tustin Unified School District.
c. Dedications or irrevocable offers of dedications for public use
(66575). As a condition of approval of a subdivision, the City
Council may require the dedication or irrevocable offer of real pro-
perty for:
~. Public streets, alleys, access rights and abutter's rights, drain
age, public utility easements and other public easements.
2. Whenever a subdivider is required to dedicate roadways to the pub
lic, he may also be required to dedicate such additional land as may be neces-
sary and feasible to provide bicycle paths for the use and safety of the resi-
dents of the subdivision.
3. Local transit facilities such as bus turnouts, benches, shelters,
landing pads and similar items which directly benefit the residents of the
subdivision.
4. A waiver of direct vehicular access rights to a dedicated or offer
of dedicated street.
d. Park or Recreation Purposes (66477)
Parkland dedication requirements shall be made pursuant to Ordinance
No. 841.
Ordinance No. 847
Page 14, 6-1-81
9371 RESERVATIONS (66479)
a. Reservations Required for Public Uses
As a condition of approval of a map, the subdivider shall reserve
sites, appropriate in area and location, for parks, recreational facilities,
fire stations, libraries or other public uses according to the standards and
formula contained in the applicable specific of General Plan Element.
b. Standards for Reservation of Land
Where a park, recreational facility, fire station, library, or other
public use is shown on an adopted specific plan or adopted general plan con-
taining a community facilities element, recreation and parks element and/or a
public building element, the subdivider may be required by the City to reserve
sites as so determined by the City in accordance with the definite principles
and standards contained in the specific or general plan.
9372 IMPROVEMENTS
a. Improvements Required
Every subdivider who subdivides land shall cause public improvements
to be made to such land as specified by the City Council pursuant to the Sub-
division Map Act.
b. Standards (66462(b))
Standards for design and improvement of land divisions shall be in
accordance with applicable sections Of the Handbook for Planning, Zoning and
Development as adopted and amended by resolution of the City Council.
c. Delayed Improvements (66424.6) (664~1.~)
Required improvements for a division of land which is not a subdivision
of five or more lots, and for parcels of subdivisions designated as a remin-
der portion which is not divided for the purpose of sale, lease, orfinancing,
may be delayed until such time as a permit for development is issued by the
City, or until such time as the construction of such improvements is required
pursuant to an agreement between the City and the subdivider. In the absence
of such an agreement, the City may require the completion of improvements
within a reasonable time following approval of thefinal map and prior to the
issuance of a permit for development, subject to a finding that the construc-
tion requirements are necessary for reasons of the public health and safety or
the required construction is a necessary prerequisite to the orderly develop-
ment of the surrounding area.
d. Over-sized Improvements (66485)
The city may require the subdivider as a condition of map approval to
install and dedicate improvements that shall contain supplemental size, capac-
ity or number for the benefit of property not within the subdivision.
e. Trees and Landscaping
1. Trees of the types set forth in the City's list of approved trees
shall be provided for by the subdivider in accordance with the Master Tree
Plan and City Planting Requirements.
Ordinance No. 847
Page 15, 6-1-81
2. Prior to approval by the City Council of a final map, the subdivi-
der shall pay to the City the cost of purchasing and planting said trees,
together with the cost of maintenance of said trees for a period of one year.
A fee schedule shall be specified by resolution of the City Council for the
basic size of the various species of trees. A greater price may be negotiated
for the planting of larger or more expensive species, with the concurrence of
the subdivider and the Maintenance Superintendent.
3. City shall be responsible for the installation and maintenance of
parkway trees in the manner and type specified herein, with the planting to be
approximately. at the time structures are occupied but not later than the date
of acceptance of the improvements of the tract.
PART 8 SOILS REPORT
9380 SOILS REPORT REQUIRED
Pursuant to Division 2, Chapter 4, Article 7 of the Subdivision Map Act, a
preliminary soils report, prepared by a civil engineer registered in this
state, and based upon adequate test borings, shall be required for every sub-
division.
9381 WAIVER OF REQUIREMENTI.
The preliminary soils report may be waived if sufficient knowledge exists with
the City as to the soils qualities of-the soils of the subdivision.
9382 ADDITIONAL REQUIREMENTS
In the event the preliminary soils report indicates the presence of critically
expansive soils or other soil problems which, if not corrected, would lead to
structural defects, a soils investigation of each lot or parc?l in the subdi-
vision shall be required and must be performed by a civil engineer registered
in the State of California, who shall recommend the corrective action which is
likely to prevent structural damage to each structure proposed to be con-
structed in the area where such soil problems exist.
The subdivision or any portion thereof where such soils problems exist may be
approved if it is determined that the recommended action is likely to pre~ent
structural damage to each structure to be constructed and that the issuance of
any building permit shall be conditioned to include this recommended action
within the construction of each structure involved.
PART 9 BONDING AND IMPROVEMENT SECURITY
9390 BONDING AND SECURITY REQUIREMENTS
In addition to the requirements of Division 2, Chapter 5 of the Subdivision
Map Act, bonding and security requirements shall be as specified herein.
a. Improvement Agreement
Prior to the approval by the City Council of the final map, the subdi-
vider shall execute and file an agreement between himself and the City, speci-
fying the period within which he shall complete all improvement work to the
satisfaction of the City Engineer, and providing that if he shall fail to com-
plete such work within such period, the City may complete the same and recover
the full cost and expense thereof from the subdivider. This agreement shall
also provide for inspection of all improvements by the City Engineer and reim-
bursement of the City for the cost of such inspection by the subdivider. Such
agreement may also provide:
Ordinance No. 847
Page 16, 6-1-81
1. For the construction of the improvements in units;
2. For an extension of time under conditions therein specified;
3. For the termination of the agreement upon the completion of pro-
ceedings under an assessment district act for the construction of improvements
deemed by the City Engineer to be at least the equivalent of the improvements
specified in such agreement and required to be constructed by the subdivider;
and
4. For progress payments to the subdivider, or his order, from any
deposit money which the subdivider may have made in lieu of providing a surety
bond; provided, that no such progress payment shall be made for more than
ninety percent of the value of any installment of work; and provided further,
that each such installment of work shall be completed to the satisfaction of
the City Engineer.
b. Subdivision Improvement Bonds
To guarantee the performance of any action or agreement with regard to
the proposed subdivision, security shall be furnished in the following
amounts:
1. An amount determined by the City Engineer to be not less than one
hundred percent (100%) of the total estimated cost of the improvement or of
the act to be performed, conditioned upon the faithful performance of the act
or agreement; and
2. An additional amount determined by the City Engineer, not less
than fifty percent (50%) of the total estimated cost of the improvement or;
3. An amount determined. by° the City Engineer necessary for the guar-
antee and warranty of the work for a period of one year following the comple-
tion and acceptance thereof against any defective work or labor done, or
defective materials furnished.
c. Faithful Performance Bond, Monuments
The monumentation agreements shall be accompanied by faithful perfor-
mance bond in a sum equal to the cost of setting such monh~ments, guaranteeing
the faithful performance of all such work of setting monuments and furnishing
notes.
d. Surety Company Requirements
All bonds referred to in this section .shall be furnished by a surety
company rated Grade A or better and Class IX or better by the latest edition
of Best's Key Rating Guide, and shall be authorized to write such bond in the
State of California and shall be subject to the approval and acceptance of the
City Council andCity Attorney.
e. Cash Deposits and Negotiable Bonds
In lieu of any faithful performance bond required by this section, the
Subdivider may deposit with the City a sum of money or negotiable bonds equal
to the required amount of such bond or security for the faithful performance
thereof. (Ord. No.651).
Ordinance No. 847
Page 17, 6-~-81
9391 RELEASE OF IMPROVEMENT SECURITY
The improvement security required hereunder shall be released in the following
manner:
1. Security given for faithful performance of any act or agreement
shall be released upon the final completion and acceptance of the act or work
subject to the provisions of subparagraph (2) hereof.
2. The City Council upon recommendation of 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 therefor by
the subdivider; provided, however, that no such release shall be for an amount
more than 75 percent of the total improvement security given for faithful per-
formance of the act or work until final completion and acceptance of the act
or work. In no event shall the City Council authorize release of the improve-
ment security which would reduce such security to an amount below that
required to guarantee the completion of the act or work and any other obliga-
tion imposed by this ordinance, the Subdivision Map Act or the improvement
agreement.
PART. 10REVERSION=TO ACREAGE
9392 REVERSION TO ACREAGE BY FINAL MAP
Pursuant to the requirements of Division 2, Chapter 6, Article 1 of the
Subdivision Map Act, subdivided property may be reverted to acreage.
9393 REVERSION TO ACREAGE BY PARCEL MAP
A subdivider may file a parcel map under the provisions of the above cited
authority for the purpose of reverting to acreage land previously subdivided
and consisting of four or less contiguous parcels under the same ownership.
9394 FEES FOR REVERSION TO ACREAGE
Petitions to revert property to acreage shall be occupied by a fee in accor-
dance with the schedule of fees adopted by the Tustin City Council.
PART 11 CERTIFICATE OF COMPLIANCE
9395 CERTIFICATE OF COMPLIANCE WITH SUBDIVISION ORDINANCE
a. Pursuant to Section 6649.35(a) of the Subdivision Map Act
Any person owning real property or a yendee of such person pursu-
ant to a contract of sale of such real property may request, and the City
Council shall determine, whether such real property complies with the provi-
sions of the Subdivision Map Act and Ordinances of the City of Tustin.
b. An application for a Certificate of Compliance shall be submitted
in ten (10) copies to the City Engineer, accompanied by the
following:
Ordinance No. 847
Page 18, 6-1-81
(1) Record of survey.
(2) Date and circumstances of division.
(3) Location of utilities.
(4) Location and description of private and public improvements
on and adjoining the property.
(5) Zoning, character, and density of use and development.
(6) The width and approximate location of all existing easements
or rights of way for roads, draina9e, sewers, flood control, or slope
maintenance.
(7) Drainage accommodations.
(8) Processing fee.
(c) Upon acceptance of the application for a Certificate of Com-
pliance, the City Engineer will distribute copies of the app-
lication to other departments for consent and review, as
applicable.
(d) The City Engineer, on the basis of departmental findings, shall
prepare and submit a report to the City Clerk for placing on the
City Council agenda.
(e) Upon making a determination that the division of the property com-
plies with the provisions of this Chapter, the City Council shall
cause the City Engineer to issue a Certificate of Compliance to be
filed for record with the recorder of Orange County.
9396 CONDITIONAL CERTIFICATE OF COMPLIANCE
Pursuant to Section 66499.35(b) of the Subdivision Map Act, a conditional
certificate of compliance may be.issued subject to the procedures specified in
Section 9395.
PASSED AND ADOPTED at a regular meeting of the City Council held on the
1st day of June , 1981.
James B. Sharp
Mayor
ATTEST:
Mary E.~n
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of
the City Council of the City of Tustin is five; that the above and foregoing
Ordinance No. 847 was duly and regularly introduced and read at a regular meeting
of the City Council ,held on the 18th dal/' of Mal~,f 1981, and was given its second
reading and duly passed and adopted at a regular meeting .held on the 1st day of
Junef 1981, by the following vote:
..~AYES : COUNCI-~.PERSONS: Edgar, Hoesterey, Kennedy, Saltarelli, Sharp
NOES : COUNCILPERSONS: None
ABSENT: COUNCILPERSONS: None
City of Tustin, California
PUBLISH T~gSTIN NEWS:
June 11, 1981