HomeMy WebLinkAboutORD 773 (1978) ORDINANCE NO. 773
AN ORDINANCE 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, does hereby ordain
that Article 9, Chapter 3, of the Tustin City Code is hereby amended as
follows: ' - -
Section '1: Section 9311 is hereby amended to read:
"9311 PROHIBITION AND PENALTY
a No person shall offer to sell or lease, to contract to
sell or-lease, to sell or lease, or to finance any parcel or
parcels of real property or to commence construction of any
building for sale, lease or financing thereon, except for model
homes, or to allow occupancy thereof, for which a final map is
required by this chapter, until such map thereof in full
compliance with the provisions of this chapter has been filed for
record by the Recorder of Orange County.
b No person shall sell, lease or finance any parcel or
parcels of real property or commence construction of any building '-
for stole, lease.or financing thereon, except for model homes or L'
allow occupancy thereof, for which a parcel map is required by this
chapter, until such map thereof in full compliance with the
provisions of this chapter has been filed for recording by the
Recorder of Orange County.
c Conveyances of any part of a division of real property
for which a final or parcel map is required by this chapter shall
not be made by parcel or block number, initial or other designation,
unless and until such map has been filed for record by the Orange
County Recorder.
d Any person who violates any provision of this division
shall be guilty of a misdemeanor."
Section 2: Section 9313 is hereby amended to read:
"9313 DEFINITIONS
a Whenever any words or phrases as used in this chapter
are not defined berein but are defined in the Subdivision Map Act
as last amended, such definitions are incorporated herein and
shall be deemed to apply as .though set forth in this ordinance.
b For the purposes of this Chapter, the following words
and phrases shall have the meanings as herein ascribed to them:
"~.~sory Agency" - The Planning Commission and/or Planning Agency
as established by 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 Council.
"Block" - A tract 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 Cit,
County or state highway system, and sho~m as a collector street on any
general or specific plan of streets and highways approved by the City
Council.
"Design" means:r (1) street alignments, grades and widths; (2) drainage
and sanitary facilities and utilities, including alignments and grades
thereof; (3) location and size of all required easements and rights-of-
way; (4) fire roads and firebreaks; (5) lot size and configuration;
(6) traffic access; (7) grading; (8) land to be dedicated for park or
recreational purposes; and (9) shch other specific requirements in the
plan and configuration of the entire subdivision as may be necessary
or convenient to insure conformity to or specific plan implementation
of the general plan.
"Final Map" - A map prepared in accordance with the provisions of this
Chapter and 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 he
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 street
and highways approved by the City Council.
"Improvement" - (1) Improvement refers to such street work and utilitie
to be installed, or agree~ to be ins~l~ed, by the subdivider
on the land to be used: for public or private ~sLreets,
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highways, ways, and easements, as are necessary for the General Use
of the lot owners in the subdivisions and local neighborhood traffic
and drainage needs as a condition precedent to the approval and
acceptance of the final map thereof, (2) Improvement also refers t~--
suchother specific improvements or types of improvements, the
installation of which, either by the subdivider, by public agencies,
by public utilities, by any other entity, approved by the local
agency, or combination thereof, is necessary or convenient to insure
conformity to or ~mplementation of the General Plan as required by
the State Planning and Zoning Law.
"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" - 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 commence and maintain proceedings to
subdivide the same under this Chapter, and while used herein in
masculine gender and singular number, it shall be deemed to mean
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 Sec. 9321(a)(1)
and ( 4 )-
"Planning Agency" - The Planning Agency shall be the Planning
Commission, City Council, or Community Development Department, as
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 propert~ and of controlling access to the
public right of way.
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"Private Street" - Any parcel of land not dedicated as a public
street and used or intended to be used for ingress or egress
from a lot or lots which may 6r 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 providing ingress to and' egress from abutting property.
"Staff" - The City Engineer, Community Development Director and/or
department heads of the City of Tustin.
"Subdivider" means a person, firm, corporation', partnership or
association who proposes to divide, divides or causes to be divided
real property into a subdivision for himself or for others, except
that employees and consultants of such persons or entities, acting
in such capacity, are not. "subdividers".
"Subdivision" means a division by any subdivider of any unit or
units of improved or unimproved land, or any portion thereof,
shown on the latest equalized County Assessment roll as a unit or as
contiguous units, for the purpose of sale, lease or financing,
whether immediate or future, except for leases of agricultural land
for agricultural purposes. Property shall be considered as
contiguous units, even if it is separated by roads, streets, utility
easements or railroad right-of-ways. Subdivision includes a con-
dominium project, as defined in Section-1350 of the Civil Code or
a community apartment project, as defined in Section 11004 of the
Business and Professions Code. Any conveyance of land to a
governmental agency, public entity or public utility, shall not be
considered a division of land for purposes of computing the number
of parcels. As used in this section, "agricultural purposes" means
the cultivation of food or fiber or the grazing or pasturing of
1 ives t o ck.
"Tentative Map" - A map made for the purpose of showing tLc design
and improvement of a proposed subdivision and the existing
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conditionsin and.~around it and need not be based upon an accurate
or detailed final Survey of the property."
Section 3. Section 9316 is hereby amended to read:
"9316 EXCEPTIONS ~ ,~!
This Chapter and the procedures contained herein shall be
inapplicable to:
= a Short term leases (terminable by either party on not
more than 30 days notice in writing) of a portion of the operating
right of w~y of a railroadcorporation defined as such by Section
230 of the Public Utilities Code; or for land conveyed to or from a
governmental agency, public'entity or public utility, or to a
subsidiary of a public utility for conveyance to such public utility
for rights-of-way, unless a showing is made in individual cases,
substantial evidence, that public policy necessitates a parcel map.
b The financing or leasing of apartments, offices, stores
or similar space within apartment buildings, industrial buildings,
commercial buildings, mobile home parks or trailer parks;
c Mineral, oil or gas leases;
d Land dedicated for cemetery purposes under the Health &
Safety Code of the State of California.
e A lot line adjustment between two or more adjacent parcels,
where the land taken from one parcel is added to an adjacent
parcel,' and where a greater number of parcels than originally
existed is not thereby created, provided the lot line adjustment is
approved by resolution of the City Council.
f Subdivisions of Four parcels or less for construction of
removable commercial buildings having a floor area of less than i00
square feet."
Section 4. Section 9317 is hereby amended to read:
"9317 APPEALS
a An appeal may be made to the City Council by any subdivider
o~ any interested person adversely affected concerning any decisiof~
~ determination, or requirement of the planning agency or city staff
filing a notice thereof in writing with the City Clerk within 15 daya
after such decision or requirement is made.
b An appeal shall set forth in detail the action and grounds
upon which the subdivider or interested party bases his appeal. 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 fi].ing fee and filing of an appeal pursuant to the
requirements for notice and public hearing as specified by the
Zoning Ordinance for appeats"to the City Council. Such public hearing
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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 findings as are not
inconsistent with the provisions of this chapter and the State
Subdivision Map Act.
(1) A final map shall be disapproved only for failure to
meet or perform requirements or conditions which are
applicable to the subdivision at the time of approval of the
tentative map. Such disapproval shall be accompanied by a
finding identifying the requirements or conditions which have
not been met or performed.
(2) A final or tentative map shall be disapproved for
failure to comply with the findings required by Section 9361(4)
of this chapter.
Section 5. Section 9318 is hereby amended to read:'
"9318 REMEDIES AND PEDIIT DENIAL
a Pursuant to Section 66499.32 of the Subdivision Map Act, a
grantee, buyer or person contracting to purchase, his heirs, personal
representative, or trustee may take action to void the sale of
property divided in violation of this chapter.
b The imposition of any penalty for the violation of this
chapter shall be deemed not t~ bar any legal, equitable or summary
remedy to which the City or any other political subdivision or any
person may otherwise be entitled. The City or any other political
subdivision or person may file a suit in the Orange County Superio~
Court to restrain or enjoin any attempted or proposed subdivision
or sale in violation of this chapter, pursuant to Section 66499.32
of the Subdivision Map Act.
c The City shall not issue any permit nor grant any approval
necessary to develop any real property which has been divided or
which has resulted from a division, in ~iolation of.the provisions
-of this chapter, if it finds that development of such real property
is contrary to the public health or the public safety. The
authority to deny such permit. or such approval shall apply whether
the applicant therefore was the owner of record at the time of such
violation or whether the applicant therefore is either the current
owner of record pursuant to a contract of sale of the real property
with, or without, actual or constructive knowledge of th~ violation
at the time of the acquisition of his interest in such real property.
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If the City issues a permit or grants approval of the deveIopment of
any such real property, it will impose those conditions that would
have been applicable to the division of the property at the time the
applicant acquires his interest in such real property, and which b=~-
been established at such time by this chapter, When a conditiona.~_
certificate of compliance has been filed for record, the conditions
stated therein shall be applicable."
Section 6. Section 9322 is hereby amended to read:
"9322 CONDOMINIUM PROJECT AND COMMUNITY APARTMENT
(a) A tentative and final map shall be required for a condo-
minium project and community apartment project, and fees shall be
imposed on the basis of parcels or lots of the surface of the land
shown thereon as included in the project, including those parcels ~
lots shown in common ownership.
(b) Tentative and final maps for initial construction or con-
version'of existing structures for residential occupancy shall
conform to the criteria of the Zoning Ordinance for the Residential
Planned Development (RPD) District. (Ordinance'No. 651)
(c) The City Council shall not approve a final map for a sub-
division to be created from the conversion of residential real
property into a condominium project or a community apartment proj
unless it finds both that:
(1) Each of the tenants of the proposed condominium or
community apartment house project has been or will be given
120 days written notice of intention to convert prior to
termination of tenancy due to the conversion or proposed
conversion- The provisions of this subdivision shall not
alter or abridge the rights or obligations'of the parties in
performance of their covenance, including, but not limited
to the provision of services, payment of rent or the
obligations imposed by Sections 1941, 1941.1 and 1941.2 ~
the Civil Code, and
(2) Each of the tenants of the proposed condominium or
community apartment house project has been or will be given
notice of an exclusive right to contract for the purchase of
the respective units upon the same terms and conditions that
such units will be initially offered to the general public
terms more favorable to the tenant. The right shall run ~
a period of not less than 60 days from date of issuance of
the s~bdivision public report pursuant to Section 1.1018.2 of
the Business and Professions Code, unless a tenant gives prio
written notice of his intention not to exercise the right."
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Section 7. Section 9323 is hereby amended to read:
"9323 PARCEL MAPS
a A parcel map shall be filed and recorded for any subdivision
for which a tentative and final map is not required by the Subdivision
Map Act.
b Such maps shall meet all the requirements of the Subdivision
Map Act and of this Chapter and shall show all dedications or offers
of dedication thereon. The Planning Agency may require~ that such
dedications or irrevocable offers of dedication be made by deed, in
lieu of or in addition to appearing on the map.
c The requirement for a parcel map may be waived by the Planning
Agency subject to the following procedure:
(1) A tentative map is filed by the subdivider, with drawings
and such other information as may be required by the Planning Agency to
substantiate required findings.
(2) The Planning Agency finds and determines that the propose
division of land complies with the requirements of the City as to:
(aa) area
(bb) improvement and design
(cc) floodwater drainage control
(dd) appropriate improved public roads
(ee) sanitary disposal facilities
(ff) water supply availability
(gg) environmental protection
(hh) all other requirements of the Subdivision Map Act
and any applicable provisions of this Code.
(3) Required dedications or irrevocable offers of dedication
shall be made by deed.
Section 8. Section 9343 is hereby amended to read:
"9343 CERTIFICATES AND ACKNO~LEDGMENTS
a Certificate of Record Title Interest Parties
A certificate, signed and acknowledged by all parties having
any record title interest in the real property subdivided, consenting
to the preparation and recordation of the final map is required,
except as follows:
(1) Neither a lien for State, County, Municipal, or local
taxes, nor for special assessments, nor beneficial interest under
trust deeds, nor a trust interest under bond indentures, nor
mechanics liens constitute a record title interest in land for the
purpose of this chapter.
(2) The signature of either the holder of beneficial
interests under trust aeeds or the trustee under such trust
deeds, but not both, may be omitted. The signature of
either shall constitute a full and complete subordination of
the lien of the deed of trust to the map and any interest
created by the map.
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(3) Signatures of parties owning the following types of
interest may be omitted if their names and the nature of
their respective interests are stated on the final map.
(a) Rights-of-way, easements or other interest~ which
cannot ripen into fee, except those owned by a public entity
or public utility. If, however, the legislative body or
advisory agency determines that the division and development
of the property in the manner set forth on the approved or
conditionally approved tentative map will not unreasonably
interfere with the free and complete exercise of the public
entity or public utility right-of-way or easement, the
signature of such public entity or public utility may be
omitted. Where such determination is made, the subdivider
shall send, by certified mail, a sketch of the proposed
final map, together with a copy of this section, to any
public entity or public utility which has previously acquired
a right-of-way or easement.
If the public entity or utility objects to either
(i) recording the final map without its signature; or
(ii) the determination of the legislative body or advisory
.agency that the division and development Of the property will
not ~nreasonably interfere with the full and complete
exercise of its right-of-way or easement, it shall so notify
the subdivider and the legislative body or advisory agency
within 30 days after receipt of the materials from the
subdivider.
If the public entity or utility objects to recor-
ding the final map without its signature, the public entity
or utility so objecting may affix its signature to the final
map within 30 days of filing its objection with the
legislative body or advisory agency.
If the public entity or utility either (i) does
not file an objection with the legislative body or advisory
agency; or (ii) fails to'affix its signature within 30 days
Of filing its objection to recording the map without its
signature, the local agency may record the final map without
such signature.
If the public entity or utility files an objection
to the determination of the legislative body or advisory
agency that the division and developme~ of the property
will not unreasonably interfere with the free and complete
exercise of the objector's right-of-way or easement,
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the legislative body or advisory agency shall set the matter
for public hearing to be held not less than 10 nor more than
30 days of receipt of the objection. At such hearing, the
public entity or public utility shall present evidence in
support of its position tltat the division and development
of the property will unreasonably interfere with the free
and complete exercise of the objector's right-of-way or
easement.
If the legislative body or advisory agency finds,
following such hearing, that the development and division
will in fact unreasonably interfere with the free and
complete exercise of the objector's right-of-way or easement~
it ~ai1 set forth those conditions whereby such unreasonabt~
interference will be eliminated and upon compliance with suc~
conditions by the subdivider, the final map may be recorded
with or without the signature of the objector. If the
legislative body or advisory agency finds that the developmen~
and division will in fact not unreasonably interfere with
the free and complete exercise of the objector's right-of-
way or easement, the final map may be recorded without the
signature of the objector, notwithstanding its objections
thereto.
Failure of the public entity or public utility to
file an objection pursuant to this Section shall in no way
affect its rights under a right-of-way or easement.
(b) Rights-of-way, easements or revisions, which by
reason of changed conditions, long disuse or laches appear to
be no longer of practical use or value and signatures are
impossible or impractical to obtain. A statement of the
circumstances preventing the procurement of the signatures
shall also be stated on the map.
(c) Interests in or rights to minerals, including
not limited to oil, gas, or other hydrocarbon substances.
(4) Real property originally patented by the United States
by the State of California, which original patent reserved
interest to either or both of such ent~.ties, may be
included in the final map without the consent of the Unite~
States or the State of California thereto or to dedication!
made thereon.
Certificate by City Engineer
A certificate by the City Engineer is'required stating that
(1) He has examined the map.
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(2) The subdivision as shown is substantially the same
as it appeared on the tentative map, and any approved
alterations thereof.
(3) All provisions of this chapter and'applicable
ordinances of the City of Tustin at the time of approval
of the tentative map have been complied with.
(4) He is satisfied that the map is technically correct.
c Filing of Certificate
~e City Engineer, or his designated agent, shall complete
and file his certificate with the City Council within 20 days
from the time the final map is submitted to him by the
subdivider for approval."
Section 9: Section 9350 is hereby amended to read:
"9350 FILING REQUIREMENTS
A.parcel map shall be filed and recorded ~en any property
owner or his authorized agent proposes to subdivide any parcel of
land for any purpose which will result in the creation of four
parcels or less, or five parcels or more under'the conditions
listed in Section 9321, except as waived pursuant to Section 9323(c)
of this chapter.
The requirement for a tentative map may be waived by the
Planning Agency for the creation of not more than two parcels of
less than 5 acres abutting upon a public street or highway, and
for lot line readjustments."
Section' 10. Section 9353 is hereby amended to read:
"9353 CONTENT AND FORM OF FINAL PARCEL MAP
The content and form of the final parcel map shall be
governed by the provision of this Chapter and shall be prepared
in accordance with the provisions of this Part."
Section 11. Section 9354'is hereby amended to read:
"9354 MAP DATA SOURCE
A parcel map shall be based upon a field survey made in
conformity with the Land Surveyors Act."
Section 12. Section 9355 is hereby added tO read:
"9355 PREPARATION REQUIREMENTS
The final parcel map shall be prepared by or under the
direction of a registered civil engineer or licensed land surveyor,
and shall show the location of streets and property lines bounding
the property in accordance' with the following specifications:
a Graphic and Linear Representati~
(1) It shall be legibly drawn, printed or reproduced by a
process guaranteeing a permanent record in black on tracing
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Cloth or polyester fiber.
(2) All lines, letters, figures, certificates and
acknowledgments may be legibly stamped or printed upon the
map with opaque ink. If ink is used on polyester base
film, the ink surface shall be coated with a suitable
substance to assure permanent legibility.
(3) The boundary of a subdivision shall be indicated by
a light ink border approximately one-sixteenth (1/16) of an
inch wide on the reverse side of the tracing cloth and
outside such boundary.
b Final Parcel Map Size
Each sheet shall be 18" x 26", including a one (1) inch
blank margin around the entire sheet.
c Map Scale
Each map shall be drawn to an engineer's scale large
enough to clearly show the details of the plan thereon.
The minimum scale shall be one inch equals 80 feet.
d Number of Map Sheets
Enough map sheets shall. be used to show all details
clearly. The particular number of the sheet and the total
number of sheets comprising the map shall be stated on each
of the sheets, and its relation to each adjoining sheet
shall be clearly sho~n. When more than one (1) map sheet is
used, there shall be an index map showing the general layout
of the subdivision and portions thereof included on each map
sheet."
Section 13. Section 9356 is hereby added to read:
"9 356 REQUIRED INFORMATION
a Title Sheet
(1) An Engineer's (surveyor's) certificate shall be
prepared in substantially the following form:
'This map was prepared by me or under my
direction (and was compiled from record data)
(and is based upon a field survey) in
conformance with the requirements of the
Subdivision Act at the request of (name of
person authorizing map) on (date). I
hereby state that 'the parcel map procedures
of the City of Tustin have been complied with
and that this parcel map conforms to the
approved tentative map and the conditions
of approval thereof which were required to
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be fulfilled prior to the filing of the
parcel map.
(Signed)
R,C.E. (or L.S.) No. "
(2) A Recorder's certificate shall be prepared in
substantially the following form:
"Filed this day of ,
19.. ., at .m. in Book of.. ,
at page , at the request of
(Signed)
Orange County Recorder"
(3) A City Engineer's Certificate shall be prepared in
substantially the following form:
"The parcel map shall be submitted to the City
Engineer for his examination prior to filing.
Within 20 days after receiving the parcel map,
the City Engineer shall examine it for the
survey information shown thereon, and if
satisfied that it is technically correct, the
following certification shall be placed on
the map.
'This map conforms with the Subdivision
Map Act and City of Tustin Ordinance.'
Dated:
(Signed)
City Engineer"
(4) Property O~mer's Certificate:
Pursuant to the requirements of Section 9343 of this
chapter, a certificate shall be.signed and acknowledged by all
parties having any record title interest in the real property
subdivided, consenting to tbe preparation and recordation of
the parcel map.
Where the division of land is into four or fewer
parcels and dedications or offers of dedication are not
required, the certificate shall be signed and acknowledged
by the subdivider only.
(5) Certificates of dedication or offers of dedication:
The provisions of Section 66477.1, 66477.1~ and
66477.3 of the Subdivision Map Act relating tlo dedication
certificates for Final Subdivision Tract Maps shal~ ~p~iy
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to dedication or offers of dedication on parcel maps.
b Descriptive Information
A North arrow, scale, date, number of parcels and gross
area are required.
c Supplemental Information
(1) The bearing and length of each parcel line shall be
drawn on the map.
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(2) The basis of bearing shall be' shown on one map sheet
of each parcel map.
(3) Parcels containing one acre or more shall show the
net acreage to the nearest one-hundredth (1/100) of an acre.
(4) Each parcel shall be numbered consecutively
commencing with the Number 1.
(5) The length, radius and total central angle and
bearings of terminal radii of each curve and the bearing of
each radial line to each parcel corner on each curve, and
the central angle of each segment within each parcel shall
be shown thereon.
(6) The final parcel map shall show the centerline data,
width and side lines of all easements to which the parceIs
in the subdivision are subject.
(7) The final parcel map shall show the centerline and
total width of each highway, street or alley to be dedicated.
The border of the map shall be shown along the centerline of
any street or highway that defines a limit of the parcel
being subdivided.
(8) When vehicular access rights from any parcel to any
highway or street are restricted, such rights shall be
offered for dedication to the City of Tustin by the
appropriate certificate on the title sheet, and a note
stating ,"VEHICULAR ACCESS RIGHTS DEDICATED TO THE CITY OF
TUSTIN" shall be lettered along the highway or street
adjacent to the parcels affected on the final parcel map.
(9) Any city or county boundary line adjoining the
subdivision shall be clearly designated and tied in upon
the final parcel map.
(10) The location of each parcel and its relation to
surrounding surveys. The location of any remainder of the
original parcel shall be indicated, but need not be indicated
as a matter of survey but only by deed of reference to the
existing record boundaries of such remainder if such
remainder has a gross area of five acres or more."
Section 14. Section 9361 is hereby amended to read:
"9361 PROCESSING OF TENTATIVE MAPS
a Preliminary Review.
(1) Preliminary maps for tentative subdivisions may be
submitted to the City Engineer in ten (10) copies, f~r preliminary
staff review to determine compliance with the terms and criter~.a
this chapter.
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(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 City Engineer 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 California Environmental Quality Act,
not to exceed fifty (50) days from date of filing.
(2) In addition to the ten (10) dopies of the map,
8~'' 11"
a ~ x transparency of each map sheet shall be submitted by a~:
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 procedures shall be in compliance with the California
Environmental"Quality Act, and no-map shall'be accepted for filing
until satisfaction of the requirement for Environmental Documents
as approved by the Community Development Director. --
c Action on Tentative Map
(1) Staff Review
(a) Upon receipt of a copy of such tentative tract
maps from the City Engineer, each department to whom or to which
the same has been transmitted shall examine the map to ascertain
if the same conforms to the requirements coming within the
authoritative scope of such department.
(b) Departmental written comments shall be provided
the City Engineer ten (10) days in advance of scheduled consider-
ation by the Planning Agency.
(c) The City Engineer shall furnish a copy of tb~
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.
(2) Review by Other Agencies
Within ten (10) days of the filing of a tentative
map, the Community Development Director shall send a notice of the
filing of the tentative map to the governing board of the Tustin
Un%£ied School District.
Such notice shall also contain ~nformation about the
location of the proposed subdivision, the number of units, density,
-15 -
and any other information which would be relevant to the affected
school district. Such governing board may review the notice and may
send a written report .thereon to the agency required by law to
approve such tentative map. If a written report is made by the
governing board the report shall indicate the impact of the
proposed subdivision on the affected school district and shall make
such recommendations as the governing board of the district deems.'
appropriate. If a written report is made by the governing board,
such report shall be returned within 20 working days of the date on
which the notice was mailed to the school district for comment. In
the event that the school board fails to respond within the 20 day
period, such failure to respond shall be deemed approval of the
proposed subdivision.
(3) Planning Agency Review
(a) The Planning Agency shall determine whether the tenta-
tive map is in conformity with the provisions of State law and the
ordinances and policies of the City Council. and upon that basis
within fifty (50) days after the filing thereof with'the City~
.'Engineer, the Agency shall recommend disapproval, approval, Or
approval with conditions by resolhtion to the City Council.
(b) The Planning Agency shall find, as a condition of
recommending approval, that the proposed subdivision, together
with the provisions for its design and improvement, is consistent
with the general plan.required by the State Planning and Zoning Law
and/or any specific plan adopted pursuant thereto.
(c) The Planning Agency shall find, as a condition of
recommending disapproval of a final or tentative map:
(1) That the proposed map is not consistent ~ith
applicable general and specific plans.
(2) That the design or improvement of the proposed
subdivision is not consistent with applicable general and
specific plans.
(3) That the site is not physically suitable for the
type of development.
(4) That the site is not physically suitable for the
proposed density of development.
(5) That the design of the subdivision or the proposed
improvements are likely to cause substantial environmental
damage or substantially and avoidably in~.re f~sh or ~ildlife
or their habitat.
(6) That the design of the subdivision or the type of
improvements is likely to cause serious public health
-16-
1 problems.
Z . '(7) That the design of the subdivision or the type
of improve/rents will conflict with easements accpm~red by the
5 public at large, for access through or use of, property
4 within the proposed subdivision.
5 (d) The Planning Agency shall find and determine, as a
condition of reconnending disapproval, approval, or approval with
conditions, that the impact of the proposed subclivision upon the
7 environmenti has been reviewed and the requirements of the California
8 Environrental Quality Act have (or have not) been satisfied, with
specific findings related thereto.
9 (e) The Planning Agency, through the Conmunity Develop-
10 ment Department, shall report such action directly to the subdivide
11 and shall transmit to the City Council a copy of the tentative map
and a resolution setting forth the recommendations of the Planning
1Z
Agency.
15 (4) Council Action
14 (a) At the next regular meeting of the City Council,
following the filing of the Planning Agency's report, the Council
15
will set a date within thirty (30) days thereafter for consideratior
16 of the tentative map.
17 (b) Not later than thirty (30) days fr~ the filing of
the Planning Agency ' s report, the City Council shall approve,
18
conditionally approve or disapprove such map. The City Council shall
19 consider the reconm~ndations of the Planning Agency and may reject
20 any or all, or a part of, the conditions and recommendations of the
Planning Agency. The action of the City Council is final.
21
(C) The City Council shall find, as a condition precedent
2~ to the approval of a tentative maD, and UDOn the recu~fendation of
25 the Planning Agency, that the proposed subdivision, together with
the provisions for its design improver, is consistent
the Tustin Area General Plan and any applicable specific plan.
25 (d) The City Council shall deny approval of a tentative
26 or final map, if it makes any of the following findings.
27 (1) That the proposed map is not consistent with
applicable general and specific plans.
28 (2) That the design or improvement of the proposed"
29 subdivision is not consistent with applicable general or
~50 specific plans.
(3) That the site is not physically suitable for the
51 type of development.
5~, (4) ~at the site is not physically suitable for the
-17-
proposed density of development.
(5) That the design of the subdivision or the
proposed improvements are likely to cause substantial
environmental wildlife or their habitat.
(6) That the design of the subdivisions or the type
of improven~nts is likely to cause serious public health
prob lens.
(7) That the design of the subdivision or the type
of improvements will conflict with easements, acquired by
the public at large, for access through or use of, property
within the proposed subdivision.
(e) The City Council' shall determine whether the dis-
charge or waste fr~n the proposed subdivision into the existing
'ccrmnunity sewer system ~Duld result in violation of existing
requirements prescribed by the Regional Water Quality
Control Board .pursuant to Division 7 (Sec. 13000 et. S...eq.~) of the
Water Code. In the event that the City Council finds that the
proposed waste discharge would result in or add to violation of
requiren~nts of such board~ it may disapprove the tentative map or
maps of the subdivision.
(f) Approval of tentative maps shall be conditioned
upon the satisfaction of the Standards and Requirements as specified
in Part 7 of this Chapter.
(g) Tne City Council shall not approve a tentative map
without satisfaction of the requirements of the California
EnviroNmental Quality Act.
(5) Time l.~mits
(a) An approved or conditionally approved tentative map
shall expire 12 months after i.ts approval or conditional approval.
The period of time herein specified shall not include any period of
time during which a water or ss~er moratorium, imposed after approval
of the tentative map, is in existence, provided hwoever, that the
length of such moratorium does not exceed 5 years.
Once such a moratorium is terminated,. the map shall
be valid for the same period of time as was left to run on the map
at the time that the moratorium ~dS imposed; provided, hcxvever,
that if' such renmining time is less than 120 days, the map shall be
valid for 120 days following the termination of the moratorium.
(b) The expiration of the approved or conditionally
tentative map shall terminate all proceedings and ~o final map
or parcel map of all or any portion of ~]e real property included
within such tentative. map shall be filed without first. processing a
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1 new tentative map.
2 (c) The subdivider may request an extension of the
tentative map approval or conditional approval by written
~ application to the City Council. Such application to be filed at
~ least 30 days before the approval or conditional approval is due
5 to expire and shall include a waiver of the one year time limit s~
ified by Section 65950 of the Govenm~nt Code.
6
Section 15. Section 9362 is hereby amended to read:
7 "9362 PROCESSI~,~ OF FINAL MAPS
8 Final Tract maps and Parcel Maps shall be submitted in
accordance with the procedures outlined ~n this Chapter.
9
a Plan Check
10 (1) Final tract r~ps shall be submitted to the City
11 Engineer in ten (10) copies for preliminary plan check by
staff and for determination of conpliance with the terms and
12 conditions of the approved tentative tract map.
15 (2) A plan check fee, as required by this Chapter, shall
~1~ 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
16 shall be r~turned to the subdivider with required
~7 corrections no~ed.
18 b Filing of Final Maps
(1) Upon oDnloletion of corrections, if any, of the map,
19 final tract maps shall-be filed with the City Engineer in
20 ten (10) copies for certifications and approval.
21 (2) In addition to the ten (10) copies of the final
tract map, an 8-1/2" x 11" transparency of each map sheet
shall be submitted to the City by the applicant.
25 (3) Concurrently with the filing of a final tract Fap
Z~ With the City, the subdivider shall submit the map to thc~
Office of the Orange. County Surveyor for boundary check.
c Action on Final Map
(1) Approval by City Engineer
Upon receipt of the final map and other data submitte
therein, the City Engineer shall examine such to determint_'
that the subdivision as shown. is substantially the same a~
S9
appeared on the tentative map and any approved alterations-
~0 thereof, that all provisions of this Chapter and of any
51 local ordinance applicable at the time of approval of the
te~tative map have been complied with and that he is
-19-
_1 satisfied that the map is technically correct. If the City
2 Engineer shall determine that full conformity therewith has
not been made, he shall advise the subdivider of the changes
or additions that must be made for such purposes, and
4 shall afford the subdivider an opportunity to make such
5 changes or additions. If the City Engineer shall determine
that full conformity therewith has been made, he shall .so
6 certi~ on such map and notify the City Clerk for agendizing
7 at the next regular meeting of the City Council.
8 (2) Subdivision Partly in City and County
In the event a subdivision is partly in the County,.
9 the County Surveyor and the City Engineer shall enter into
10 an agreement, by and with the consent of their'respective
I1 governing bodies, providing that the County Surveyor shall
perform the duties prescribed for the City Engineer in the
preceding paragraph or providing for such an apportionment
~3 between them of such duties. The County Surveyor, when by
~ such agreement all such duties devolve upon him, may, after
his performance thereof, make the aforementioned
-15 certification upon such maD. When, by such agreement, such
-16 duties are apportioned be~veen the County Surveyor and the
~7 City Engineer, it shall be sufficient if each shall, after
the performance thereof, make a certification-on such map,
~8 touching the duties perfo~ by each.
(3) Approval by City Council
20 (a) At its first regular meeting following the
21 filing of such map with the City Clerk as aforesaid or
within ten (10) days following the filing thereof, the' City
~ Council shall consider such map, the plan of subdivision
p~ and the offers of dedication. The City Council may reject
24 any offers of dedication. If the City Council shall
determine that such map is in conformity with the require-
25 ments of tb~s Chapter, that it is .satisfied with the plan of
Z6 subdivision and shall accept all offers of .dedication, it
~7 shall approve such map, and the City Clerk shall thereupon
so certify upon such map. If the City Council shall
~8 determine either that such map is not in conformity with
29 the reqLd. rements of this Chapter or that it is not satisfied
with the plan of subdivision, it shall disapprove such map,
specifying the reasons therefor, and tLe City Clerk shall,
31 ja] writing, advise the subdivider of such disapproval and
3~ of the reasons for such disapproval. Within thirty
-20-
~ days after the City .Council has disapproved any map, the
Z subdivider may file with the City Engineer a map altered to
meet the approval of '.the City Council. In such case, the
5 subdivider shall conform to all the requirements imposed
4 upon him by this ordinance when filing the first final
5 map with the City Engineer. No map shall have any force
or effect until the same has been approved by the City
6 Council, and no title to any property described in any
q offer of dedication shall pass ~til the City Engineer has
8 recorded such map with the County Recorder.
(b) A final map shall be disapproved only for
9 failure to m~et or perform requirements or conditions which
~0 were applicable to the subdivision at the time of approval!
~1 the tentative map; and provided further that such disappr<~
shall be acccnloanied by a f~nding identifying the require-
n~nts or conditions which have not been ma.t or .performed.
~5 The City Council may approve a final map when the failure
~ of the map is the result of a technical and ]_nadvertent
which does not materially affect the validity of the map,
and corrections are made to the satisfaction of the City
~6 Engineer prior to recording.
· 7 (c) The City Council shall not deny approval
of a final map pursuant to Section 9361c [4) (d) if it has
previously approved a tentative map for the proposed sub-
division and it finds that the final map is in substantial
compliance with the previously approved tentative map.
(d) If the City Council does not approve or
disapprove the final map within the prescribed time, or any
authorized extensions thereof, and the map conforms to all
said requirements and rulings, it shall be deemed approved,
and the City Clerk shall certify its approval thereon.
Z4
(4) Improvement Agreements
~5 (a) If, at the tima of approva? of th~ final
~6 by the City Council, any public improvements r.equired by
~ the City of Tustin pursuant to this Chapter or other City
ordinance have not been completed and accepted in
~8 accordance with the standards of the City applicable at t~
~9 time of the approval or conditional approval of the
~0 tentative map, the City Council, as a condition precedent
to the approval of the final map, shall require the sub-
5~. divider to enter into one of the following agreemen~q as
5~ specified by the City:
(1) An agreement with the City upon
-21-
mutually agreeable terms to thereafter ccmplete such
improvements at the subdivider's expense.
(2) An agreement with the City to there-
after initiate and consunmate proceedings under an appro-
priate special assessment act for the financing and
cc~letion of all such improvements, or if not completed
under such special assessment act, to complete such
improvements at the subdivider's expense.
(b) The City shall require that performance
of such agreements be guaranteed by the security specified
by Part 8 of this Chapter.
(5) Record~ing with County Recorder
(1) After the approval by the City of a final
or parcel map of a subdivision, the City Clerk shall transmi~
the map to the Clerk of the Orange Coun.ty Board of
Supervisors for ultimate transmittal to the County Recorder.
(2) The subdivid_er shall present to the County
Recorder evidence that, at the time of the filing of the
final or parcel map in the office of the County Recorder,
the parties consenting to such filing are all of the parties
having a record to the interest in the real property being
subdivided whose signatures are required by the Subdivision
Map Act, as shown by the records in the office of the
Recorder, otherwise the map shall not be filed.
Section 16. Section 9363 is hereby amended to read:
"9363 FEES
Fees for the processing of subdivisions shall be paid to the
City at the time of submission of applications, in accordance with
the schedule as herein set forth.
a Tentative ~p Fees
A filing fee for filing a tentative tract map or tentative.
parcel map is hereby established to partially defray the cost
of processing. Such fee shall be collected by the City
Engineer and shall be deposited to the Tustin General Fuhd.
(1) Fee is set at $300.00 per tentative tract or parcel
map plus $5.00 per each numbered or lettered lot or parcel.
(2) 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 the lots
shown thereon.
(3) When additional property is added too a tentative
tract map previously filed, the fee foi- such added property
-22-
a final tract or final parcel
4 processing the reap. Such fee shall be
6 ' ,<,:.,~::~ <,' - . ::: --":'
(I). !. is set at $150.00 peE final tract rea
V and $150..00 ~ reap; - · ::i'-:-: -
8 (2) A : for £inal maps ls se~'
9 pe$ lot or
--' .~ ~ .. ~.: .. ~.:,-.. !., -..- ' . 'i~!::i ~ .
~0 c Inprovenent PlanCheck and inspection Fees ._- .'
At the tiine the;pians, pro£iies and speci£1cations o£
11 proposed S~division.:improvements are submi~t~a=to the
lZ city Engineer" for approval, the subdivider shaii"payto. the;
set forth in the Handbook for Planning, Zoning and Development,
14 adopted May 17, 1973 as amendedl ·
15 d Reversion of Acreage Fees '~'
16 A filing fee of $250.00 shall be paid to the City upon
37 presenting a petition to invert pro.perty to acreage."
Section 17. Section 9370 is hereby ended to read:
18 "9370 DEDICATICNS
19 a Elementary School Sites '-'
~0 (1) Any subdivider who develops or completes the develop-'
ment of one or more subdivisions in a specified school
21
diskriCt maintaining an elementary school shall be required to
22 dedicate to the school district such land, as deemed necessary
25 by the legislative body, for the purpose of constructing
thereon such elementary school or schools as are necessary to
24
assure residents of the subdivision adequate public school
25 service.
26 (a) In no case shall the amount of land required to
be dedicated .be such as to reake the development of the remainin,
land held by the subdivider economically unfeasible or which
28 would exceed the arepunt of land ordinarily allowed under the
29 procedures of' the State ~llocation Board.
(b) The requirements of Se6tion 9370a shall not be
50 applicable to a subdivider who has c~ned the lm~d being
51 sv, b~-i~ed for more than ten (10) years prior to the filing of
~Z "" the tentative reap. This exemption is not applicable when fee
-23-
iS retained by owner of record and subdivision is processed by
assignee, contractor or subsidiary of owner of record.
(2) -~ne requirement of dedication shall be imposed at the
time of approval of the tentative map. If, within 30 days
after the requirement of dedication is imposed by the City,
the school district does not offer to enter into a binding
comnit~ent with the subdivider to accept the dedication, the
requirements shali be automatically terminated. The required
dedication may be made any time before, concurrently with, or
up to 60 days after the filing of the final map on any portion
of the subdivision. ~e school district shall, in the event
that it accepts the dedication, repay to the subdivider or his
successors the original cost to the subdivider of the dedicated
land, plus a sum equal to the total of the following amounts:
(a) ~ne cost of any improvements to the dedicated
land since acquisition by the subdivider. - -
(b) The taxes assessed against the dedicated land
from the date of the school district's offer to enter into the
binding commitment to accept the dedication.
(c) Any other costs incurred by the subdivider in
maintenance of such dedicated land, including interest costs
incurred on any loan covering such land.
(3) If the land is not used by the school district as a
school site within 10 years after dedication, the subdivider
shall have the option to repurchase the property frc~ the
districk for the amount paid therefor.
(4) The school district to which the property is
dedicated shall record a certificate with the County Recorder
in the county in which the property is lccated. The
certificate shall contain the following information:
(a) The name and address of the subdivider dedicating
the property.
(b) A legal description. of the real property
dedicated.
(c) A statement that the subdivider dedicating the
property has an option to repurchase the property if it is not'
used by the school district as a'school site within 10 years
after dedication. The subdivider shall have the right to
ccmpel the school district to record such certificate, but
until such certificate is recorded, any rights acquired by any
third party dealing in good faith with the school district
shall not be impaired or otherwise affected by the option right
of the subclivider.
-24-
b Dedication of School Facilities Without Reimbursement
Pursuant to the authority and procedures of Section 65970
et ~seq.. of the Government Code, the City may require the
developer to dedicate school facilities without re~nbursemen~--
as a condition of map approval or the request of fees,
subject to the recp~red findings of overcrowding by the Board
of the .Tustin Unified School DistriCt.
c Reservation Requirements
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 or General Plan Element.
(1) Standards for Reservation of Land
Where a park, recreational facility, fire station,
.library, or other public use is shc~qn on an adopted specific
plan or adopted general plan containing a~ conmunity facilities
element, recreation and parks element and/or a public building
element, the 'subdivider may be recp~red by the City to .reser~
sites as so determined by the City in accordance with the
definite principles and standards contained in the specific
plan or general plan. The reserved area must be of such size
and shape as to permit the balance of the property within which.
the reservation is located to develop in an orderly and
efficient manner. The amount of land to be reserved shall not
make development of the remaining land held by the subdivider
'econc~ically unfeasible. The reserved area shall conform to
the adopted specific plan or general plan and shall be in such
multiples of streets and parcels as to permit an efficient
division of the reserved area in the event that it is not
acquired within the prescribed period.
(2) Procedure
The public agency for whose benefit an area has ba~
reserved shall at the time of approval. of the final map or
parcel map enter into a binding agreement to acquire such
reserved area within t~K)years after the completion and
acceptance of all improvements, unless such period of time is
extended by mutual agreemeg.,t.
(3) Payment
The purchase price shall not exceed the market value
-25-
there at the time of the filing of the tentative map plus the
taxes against such reserved area from the date of the
reservation and any other costs incurred by the subdivider in
the maintenance of such reserved area, including interest costs
incurred on any loan covering such reserved area.
( 4 ) Termination
If the public agency for whose benefit an area has
been reserved does not enter into such a binding agr~t,
the reservaticn of such area shall automatically terminate.
d Dedications or Irrevocable Offers of Dedication for Public
Use
(1) Dedications or irrevocable offers of dedication for
public streets, alleys, ways, easements, rights-of way, and
parcels of l~ld shown on the final tract map and parcel map and
intended for public use shall be made by appropriate
certificate on the title page or by separate document.
(2) When vehicular access rights from any lot or .parcel
to any high~cay or street are restricted, such rights shall be
offered for dedication to the City of Tustin by the appropriate
certificate on the title sheet, and a note stating
"VEHICt!LAR AC~SS RIG[r~S DEDIC~fFION TO THE CITY OF TUSTIN"
shall be lettered along the highway or street adjacent to the
lots or parcels affected on the final map.
(3) Whenever a subdivider is required to dedicate road-
ways to the public, he may also be required 'to dedicate such
additional land as may be necessary and feasible to provide
bicycle paths for the use and safety of the residents of the
subdivision, if the subdivision contains 200 or more parcels.
(4) ~henever a tentative map has the potential for 200
dwelling units or more if developed to the maximum density
shown on the Tustin Area General Plan or contains 100 acres
or more, au~d the City Council finds that transit services are
or will, within a reasonable time period be made available
to such subdivision, the City Council may recp~.~re dedication
or irrevocable offer of dedication of land ~zLthin the
subdivision for local transit facilities such as bus turnouts,
benches, shelters, and similar items which directly benefit the
residents of the subdivision.
e Private Streets, Alleys or Ways
Private streets, alleys, or ways will be permitted only
when the welfare of the occupants of the subdivision will be
-26-
better served and that 'the public's welfare will not be
impaired through the use thereof or the kinds of improvements
thereon° Such private street, alley, or way shall not be
offered for dedication aid shall be shown on the final tract
or parcel map as parcels lettered alphabetically.
f Utility EaseTents
Any public or private utility easements req,~red by the
various utilities shall be shown on the final tract map or
parcel map and dedicated to the appropriate agency by separate
document.
g Drainage Easements
(1) When storm drains are necessary for the general use
of lot or parcel owners in the subdivision and such storm
drains are not to be installed in the streets, alleys, or
ways of such subdivision, then the subdivider shall offer to
dedicate upon' the final tract or parcel map thereof the
necessary rights-of-way for such facility.
(2) When the property being subdivided, or any portion
thereof, is so situated as to be in the path of the natural
drainage from adjoining unsubdivided property and no street,
alley, or way within the subdivision is planned to provide i,I
the drainage of such adjoining property, the subdivider shall
dedicate drainage rights of way adequate to provide in the
future for the ultimate drainage of the adjoining property.
(3) Where the property being subdivided, or any portion
thereof, is traversed by an Orange County Flood Control
District facility, either existing and recg~ring additional
right of way or proposed and recovering full right of way,
which has been approved by the Board of Supervisors of the
Orange County Flood Control District, the subdivider shall
dedicate such rights of way. Sud~ rights of way shall be
shc~n as lots lettered al~abetically on the final tract or
pareel map and such dedication shall be offered by appropriate
certificate on the title page of the final tract or parcel map°
h Exemptions
Dedication will not be required on any final tract or paro'
map when the sole purpose is for establishing land title
boundaries, provided such existing land title boundaries were
not established in violation of this or any other law.
i Effective Date of Dedications
Acceptance of offers of dedication on a final map shall not
-27-
be effective until the final tract .map or parcel map is filed
in the Office of the County Recorder or a resolution of
acceptance by the City Council is filed in such office.
j Delayed Improvements - Parcel Fsps
(1) Regarding dedications and improvements for a division
of land ~nich is not a subdivision of five or more lots, such
reqn~reJrents are limited to the dedication of rights-of-way,
easements, and the construction of reasonable offsite and
'on-site improvements for the parcels being created.
Requiren~nts for the constructio~ of such offsite and on-site
improvements shall be noticed by certificate on the parcel
map, on the instrument waiving a parcel map, or by .separate.
instrument and shall be recorded on, concurrently with, or
prior to the parcel map or irs~t of waiver ofI a parcel
map being 'filed for record.
(2) Fulfillment of construction requirements shall not
be recovered 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
bet~en the City and the subdivider. In the absence of such
an agreer~nt, the City may require the completion of improve-
ments within a reasonable time following approval of the parcel
map and prior to the issuance of a permit for development,
subject to a finding that the construction requirements are
necessary for reasons of the public health and safety or the
required construction is a necessary prerequisite to the
orderly development of the surrounding area.
k Termination of Dedications or Offers of Dedication
(1) If at the tires the final map is approved, any
streets, paths, alleys, rights-of-way for local transit
facilities such as bus turnouts, benches, shelters, and
similar items which directly benefit the residents of a
subdivisicn, or storm drainage easements are rejected, the
offer of dedication shall remain open and the City Council
may by resolution at any later date, and without further
act/on by the subdivider, rescind its action and accept a
open the street, paths, alleys, right-of-way for local
transit facilities, or storm drainage easen~_nt for public
use, which acceptance shall be recorded in the office of
the Orange County Recorder.
(2) Offers of dedication which are covered by subsection
(1) above may be terminated and abandoned in the same manne;~-
as prescribed for the abandonment or vacation of streets
by Part 3 of Division 9, or Chapter 2 of Division 2 of the
Streets and Highways Code, whichever is applicable."
Section 18. Section 9376 is hereby amended to read:
"9376 PARK AND RECREATIONAL LAND
a Subdividers Must Provide Park and Recreational Facilities
Every subdivider who subdivides land shall dedicate a
porticn of such land, pay a fee, or do both, as set forth
in this Section for the purposes of providing park and '
recreational facilities to serve future residents of s~
subdivision.
b Application
The provisions of this Section shall apply to all
subdivisions, except as exempted as follows:
(1) Industrial subdivisions
(2) Condominium projects which consist of the
subdivision of air space in an existing apartment building
which is rare than five years old when no new ~,elling
units are added.
(3) Parcel maps for-a subdivision containing lesl~.
than five (5) parcels for a shopping center containing
more than 300,000 square feet of gross leaseable area
and no residential development or uses.
(4) Subdivisions containing less than five (5)
parcels and not used for residential purposes; provided
hcwever, that a condition shall be placed on the approw
Of such parcel n~p that if a building permit is requested
for construction of a residential structure or structures
on one or more parcels within four years the fee shall be
required to be paid by the awner of each such parcel as a
condition to the issuance of such permit."
-29 -
c Responsibility and Enforcement
The City Council hereby declares that it is the duty and
the responsibility of th~ public and of all levels of
government, including Federal, State, County, City and
special districts, to preserve and enhance the quality of the
physical environmant, and further, that it is the duty and the
responsibility of the City to provide local park facilities
for the residents of the City.
(1) It is the responsibility of each property owner who
proposes to establish a d~lling unit or units, or increase the
number of dwelling units, on his property, and of each person
who proposes to create residential building sites to provide an
equitable .portion of the necessary park lands as requested by
this Section.
Preparations for the provision of .park lands and the
payment of fees shall cc~,,~ence at the earliest possible instance
of land development planning. Where park land is to be
provided, such provisions shall be included, where applicable,
in zone changes, planned .ccmmunity texts and development plans,
tentative and final tract maps, division of land and parcel
maps, and conditional use permits.
(2) It is the duty of the Conmunity Development Director
to verify that the requirements of this Section are complied
with, and to notify all interested parties and agencies of such
cont01iance.
(3) It is the duty of the Building Official to enforce the
provisions of this Section that are applicable to the issuance
of a building permit.
d Genera]. Provisions
(1) Any person who proposes to divide real property for
the purpose of creating residential building3 sites, shall pay
a park fee or provide park land in accordance with ~be .~equ]re-
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1 m~nts of this Secticn.
Z (2) Any person who proposes to construct or establish
~ residential dwelling units on a building site as a result
- ~[ increase in permitted density as authorized by the Planning
5 Commission and/or City Council, shall pay a park fee or provide
6 .park land in accordance with the requirements of this Section.
7 (3) The public interest, convenience, health, welfare
8 and safety require that approximately 7 acres of property, for
9 each one thousand (1,000) persons residing with the City be
10 devoted to public park and recreational purposes.
11 (4) Said requirement will be satisfied in part by
12 cooperative arrangements between the City and the local school
15 districts to make available three (3) acres of property for
14 each 1,000 persons residing within the community for park and
15 recreational purposes.
16 (5) The remaining four (4) acres of the required seven
~7 (7) acres shall be supplied by the recf_~rements of this Section.
~8 (6) It is the intent of the City Council whenever feasibl~
~9 to develop local parks within 1/2 mile of the residential
20 properties from which the funds for such development were
21 derived.
e Calculations - Subdivision and Division of land
25 Except as modified and or except as provi~.ed in this S,~I=.~
24 the requirements of this Section may be cc~plied with by the
~5 provisicn of park land, the payment of a park fee, or a
26 combination of park land and park fee, in accordance with the
Z7 provisions of the following:
28 (1) Amount of Park land Required - P~qen the requirements
29 of this Section are complied with solely on the basis of
50 providing park land, the minimum amount of land to-be provided
H1 shall be computed by multiplying the number of' proposed
~ dwelling units by the park land acres per dwelling unit in
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accordance with the appropriate density classification in the
following table:
5 [x~elling Units Persons Per Park Land A~res
~' Per Gross Acre Dwelling Unit Per [X~elling Unit
Up to 6.5 3.75 .015
5
6.6 to 15.5 3.20 .0128
6 15.6 to 25.5 2.10 .0084
V 25.6 and up 1.90 .0076
8 (2) Amount of Park Fees Re~.35red - Whenever the r_equire-
ments of this Section are complied with solely on the basis
9
of the payment of park fees, the amount of such fees shall be
10 ccr~u..ted by multiplying the number of proposed dwelling units
11 by the acres per dwelling unit shown in the table in
~Z subsection ~ (1) above and by multiplying the resultant acreage
amount by the full cash value of the land being developed, per
13 acre as determined by the latest equalized assessment roll. ThE
~t4. assessed value sh~q in the equalized assessment roll Shall be
15 deemed to be 25 percent of the full cash value.
~- (3) Amount of Park Iand and Park Fees Combined - ~enever
16 the req~ir~ts of this Section are cc~nplied with by both the
17 provision of park land and the payment of a park fee, the
~8 amount of the park fee shall be computed by determining the
required amount of park land in accordance with 'the provisions
19 of subsection e(1) above and subtracting the arepunt of park
20 land actually provided. The remainder shall be converted to
21 "fee" in accordance with the provisions of subsect/on e (2).
22 f Calculations - Unsubdivided and Previously Subdivided
25 Whenever a propercy owner or builder pr.oposes to build,
24 place, or otherwise establish dwelling units on a building site
created prior to the adoption of this Section, or created by
25 parcel map subsequent to the adopt/on of this Section, and the
26 authorized density is increased by action of the Plar~ing
~7 Commission and/or City Council above that authorized by the
~. Zoning Ordinance at the effective date of this Section, he shal]
pay a .park fee in accordance with the following schedule:
Duplexes $225. per dhvelling u~it
50 Multiple family dwellings $100. l~r d~lling ~nit
51 For bedrooms over one 50. per bedroom
Mobileh~ Park Pads 100. per pad
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g Credit for Private Open Space
Where private openspace for park and recreational purposes
is provided in a proposed subdivision and such space is to be
privately owned and maintained by the future residents of the__
subdivision, such areas Shall be credited against the requiz~
ment of dedication for park and recreational purposes, as set
forth in Subsection e(1) above, or the payment of fees in lieu
thereo~, as set forth in Subsection e(2) above, provided the
City Council finds it is in the public interest to do so, and
that the following standards are met:
(1) That yards, court areas, setbacks and other. open
areas required to be maintained by the zoning and building
regulaticns shall not be included in the computation of such
private open space; and
(2) That-the private ownership and maintenance of the
space is adequately provided for by written agreement; and
(3) That the use of the private open space is restricted
'for park and recreational purposes by recorded convenants which
run with the land in favor of the future owners of property
within the tract and ~,~hich cannot be defeated or eliminated
without the consent of the City Council; and.
(4) That the proposed private open space is reasonably
adaptable for use for park and recreational purposes, taking
into consideration such factors as size, shape, topography,
geology, access, including provisions for bicyclists, and
location of the private open space land; and
(5) That facilities proposed for the open space are in
substantial accordance with the provisions of the recreational
element of the general plan, and are approved by the City
Council; and
(6) That the area for which credit is granted shall be
minimum of two acres and provide at least five of the lcc~it~
park basic elements listed below or a combination of sud~ a~
other recreational improvemsqts that will meet the specific
recreation-park needs of the future residents of t~he project:
(a) children's play apparatus area;
(b) landscape park-hike and quiet area;
(c) family picnic area;
(d) g~ne court area (basketball, volleyball, tenniS) (9,600
square feet minimum);
(e) turf playfield (180' x 240' minimumJ;
(f) swinrning pool (30' x 60' minimum pool size);
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~ (g) recreation center building (1,200 square feet minimum);
2 (h) jogging (par) course or a suitable pathway for jogging.
~- ~ Areas less than two acres may receive some credit on a
prorated basis, provided at least four of the above elexents
~ are included.
5 h Choice of land or Fee
6 (1) Procedure. The procedure for determining whether the
7 subdivider is to dedicate land, pay a fee, or both, shall be
as follows:
8 (a) Subdivider. At the ~ of filing a tentative
9 tract map for approval, the owner of the property shall, as a
10 part of such filing, indicate whether he desires to dedicate
property for park and recreational purposes, or whether he
~11 desires to pay a fee in lieu thereof. If he desires to dedicate
~IZ land for this purpose, he shall designate the area thereof on
15 the tentative tract map as submitted.
(b) Action of City. At the time of the tentative tract
map approval, the Planning Commission shall determine as a
15 part of such approval, whether to require a dedication of land
-16 within the subdivision, payment of a fee in lieu thereof, or a
combination of both.
17 (c) Prerequisites for Approval of Final Map. Where
18 dedication is required it shall be accomplished in accordance
~9 with the provisions of the Subdivision Map Act. Where fees are
required the same shall be deposited with the City prior to the
~0
approval of the final tract map. OF_n space covenants for
Z1 private park or recreational facilities shall be submitted to
~2 the City prior to approval of the final tract map and shall be
recorded contentDoraneously with the final tract map.
(2) Determination. ~nether the City Council accepts land
~4 dedication or elects to require paymsnt of a fee in lieu
~5 thereof, or a combination of both, shall be determined by
consideration of the following:
S6
(a) Recreational elCt of the City's general plan;-and
~7 (b) Topography, geology, access and location of land in
E8 the subdivision available for dedication; and
-- ~9 (c) Size and shape of the ~subdivision and land
available for dedication.
50
The deten~ination of the City Council as to whether land shall
~1 be dedicated, or ~ether a fee shall be charged, or a
~2 combination thereof, shall be final and conclu~i~;e. On
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subdivisions involving fifty (50) lots or less, only ~he payme~J~
of fees shall be required.
i. · Time of Commencement
At the time ~e final tract map is approved, the City
Council shall designate the time When developTent of the pa~
and recreational facilities shall be conm]enced. When fees are
paid in lieu of park land dedication, initial development of
local park facilities shall begin at such time as there are
sufficient funds available. to the City Council to accfdire the
land, to install the necessary improvements and facilities,
and to maintain them in a neat and orderly manner.
j. n~mitation on Use of Land and Fees
The land and fees received under this Section shall be
used only for the purpose of providing park and recreational
facilities to serve the subdivision for which received and the
location of the land and amount of fees shall bear a reasonable
relationship to the use of the park and recreational facilities
by the future inhabitants of the subdivision.
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Section 19. Section 9392 is hereby amended to read:
"9392 REVERSICN TO ACREAGE BY PARCEL
A subdivider may file a parcel map, pursuant to the
procedures of Section 9391, for the purpose of reverting to
acreage land previously subdivided and consisting 'of four or less
ccntiguous parcels under the same c~nership. Any map so submitted
shall be accompanied by evidence of title and non-use or lack of
necessity of any streets or easements ~nich are to be vacated or
abandoned.' Any streets or easements to be left in effect after
the reversion shall be adequately delineated on the map. After
approval of the reversion by the City Council, the. map shall
constitute legal reversion to acreage of the land affected
thereby, and shall also constitute abandonment of all streets and
easements not shown on the map.
The filing of the map shall also constitute a merger of the
separate parcels into one parcel for the purposes of this Chapter.
Except as provided in subsection a(4) of Section 9356, on
any parcel map used for ~reverting acreage, a certificate .shall
appear signed and ackncxvledged by all parties having any record
title interest in the lard being reverted, consenting to the prep-
aration and filing of the parcel map."
Section 20. Section 9393 is hereby. amgnded to read:
"9393 PRDCEEDiNGS BEFORE THE CITY COUNCIL
A public hearing shall be held before the City Council on
all petitions for -ihiti~tion for reversion to acreage. No~ice of
the public hearing shall be given as provided in Section 66451.3
of the Government Ccde. The City Council may give such other
notice that it deems necessary or advisable.
The City Council may approve a reversion to acreage only
if it makes the requisit~ fin~tihg, pursuant to Section 66499.16
of the Government Ccde."
Section 21. Section 9394 is hereby amended to read:
"9394 DELIVERY OF FINAL
After the hearing before the City Council end approval of
the reversion, the final mad shall be delivered to the County
Recorder."
Section 22. Section 9395 is hereby amended to read:
"9395 F~ECT OF FILING REVERSION MAP WI%~t COb~VlY R~CORDER
Reversion shall be effective upon the final map being filed
for record by the County Recorder. Upon filin~ all dedications and
offers of dedication not shown on the final map for reversion shall
be of no further force and effect."
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Section 23. Secticn 9396 is hereby added to read:
"9396 REI.PASE OF SECURITIES
Upon' filing of the final map for reversion of acreage with
the County Recorder, all improvement securities shall be released..__
by the City Council."
Section 24. Section 9397 is hereby added to read:
"9397 .~ERGER AND RESUBDM SION
(a) Subdivided lands may be merged and resubdivided without
reverting to acreage by complying with all the applicable require-
~nts for the subdivision of land as provided by the Subdivision
· ',~p 'Act and Ordinances of the City of Tustin adopted pursuant
thereto.
(b) The filing of the final map or parcel map pursuant to
the procedures of this Chapter shall constitute legal merging of
the separate parcels into one parcel and the resubdivision of such
parcel.
(c)' Any unused fees or deposits previously made pursuant to
thi~ Chapter pertaining to the property shall'. be credited pro rata
towards any requirements for the same purposes which are applicable
at the time of resubdivision.
(d) Any streets or easements to be left in effect after
resubdivision shall be adequately delineated on the map.
(e) After approval of the merger and resubdivision by the
City Council the map shall be delivered to the County Recorder.
(f) The filing of the' map with the County Recorder shall
constitute legal merger and resubdivision of the land affected
thereby, and shall also constitute abandonment of all streets and
easements not shown on the map."
Section 25. Part 10 is hereby added to read:
" PAR~ 10 CERTIFICATE OF C~LIANCE
9398 CERTIFICATE OF CCMPLIANCE WITH SUBDM SION ORDID~ANCE
(a) Any person owning real property or a yendee of suds.
person pursuant to a contract of sale of such real property may
request, and the City Council shall determine, whether such real
property complies with the provisions 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, acconpanied
by the follc~ing:
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.1 (1) Record of survey.
~ (2) Date and circumstances of divisior~
(3) Location Iof utilities.
-- (4) Location and description of private and public
4 improvements on and adjoining the property.
5 (5) Zoning, character, and density of use and
development.
6 '(6) The width and approximate location of all existing
7 easements or right-of-ways for roads, drainage,
8 sewers, flood controls, or slope maintenance.
(7) Drainage acccx~:~dations.
9 (8) Processing fee in the amount of $100.00.
· 0 (c) Upon acceptance of the application for a Certificate
~1 of Compliance, the City Engineer will distribute copies of the
application to other departments for conment and revi~q as
applicable.
~5 '(d) The City Engineer, on the basis of departmental
~ recc~ndations, shall prepare a~d submit a report t6 the City Clerk
for placing on the City C6uncil agenda.
... (e) Upon. making a determination that the division of the
~16 property complies with the provisions of this Chapter, the City
~7 Council shall cause the City Engineer to issue a Certificate of
Compliance to be filed for record with the recorder of Orange
18
County.
~0 9399 CO~DITICNAL CERTIFICATE OF CCIMPLTANCE
~1 (a) If the City Council determines that 'such real property
does not conply with the provisions of the Subdivision Map Act and
~ City of Tustin Ordinances, it may as a condition to granting a
Z5 Certificate of Compliance, impose such conditions as would have been
applicable to the division of the property at the time the applicant
acquired his interest therein, and Which had been established at
~5 such time by the Subdivision Map Act. and City of Tustin Ordinance.
~6 (b) Upon making such determination and est_ablishing such
conditions, the City Co~cil shall cause a conditional Certificate
of Compliance to be filed for record with the Orange County
"" ~8 Recorder. Such ce~ificate shall serve as notice to the property
~9 uwner or yendee who has applied for the certificate, a grantee of
the property owner, or any subsequent transferee or assignee of the
50
property that the fulfilln~nt and implementation of such conditions
~1 shall be required prior to subsequent issuance. of a permit or other
~ grant of approval for development of the propert.V
-38-
~ Compliance with such conditions shall not be required
2 until such time as a permit or other grant of approval for
development of such property .'is issued by the City.
~ (c) A Certificate of Ccmpliance shall be issued for any
4 real property which has been approved for development pursuant
5 Section 9318 (c) of this Chapter.
(d) A recorded final map or p~cel map shall constitute a
Certificate of Compliance with respect to the parcels of real
7 property described therein."
8 PASSED AND ADOPTED at a regular meeting of the City Council, City of
Tustin, California, held on the 19th day of June, 1978.
11 " ' /Mayor-
15 ATIE ST:
15 city Cl~kk--
16
18
19
27
29
50
5 2 ~J~'~/3 lm: D: 3/29/78
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STATE OF CALIFOP~NIA) .
COUNTY OF OP~NGE ) SS
CITY OF TUSTIN )
RUTH C. POE, City Clerk and ex-officio Clerk of the City.
Council of the City of Tustin, California, does hereb~
certify that the w~ole n~ber of members of the City Council
of the City of Tustin is five; that the above and foregoing
Ordinance No. 773- 'was duly and regularly' introduced and
read at a regular meeting of the City Council held on the
5th day of June , 1978 and was given its second
reading ~nd duly passed and adopted at a regular meeting
held on the 19th day of June 1978, by the
following vote:
AYES: COUNCILMEN: WELSH ~ SCHUSTER, SHARP, SALTARELLI , KENNEDY
NOES: COUNCILMEN: NONE
ABSENT: COUNCILb~EN: NONE
City Clerk, ~ity of Tustin, California