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RESOLUTION NO. 2337
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN RECOMMENDING TO THE CITY COUNCIL APPROVAL OF
THE AMENDMENT OF SECTION 9311 OF THE TUSTIN CITY CODE
AND ESTABLISHING REGULATIONS FOR VESTING TENTATIVE
MAPS FOR RESIDENTIAL SUBDIVISIONS
The Planning Commission of the City of Tustin, California, does hereby
resolve as follows'
Section 1. That Section 9311 of the Tustin City Code is hereby amended to
add the foll owl ng'
"Vesting Tentative Map." A "tentative map" for a residential
subdivision as defined in the Subdivision Ordinance, or
incorporated therein, that shall have printed conspicuously on
its face the words "Vesting Tentative Map" at the time it is
filed, in accordance with Section 9361.5, and is thereafter
processed in accordance with the provisions hereof.
Section 2. That Section 9361.5 is herebY added to the Tustin City Code'
9361.5 Processing of Vesting Tentative Maps.
The processing and expiration date of Vesting Tentative Maps
shall be in ac6ordance with those procedures set forth for
processing tentative maps pursuant to Tustin City Code Section
9361.
Section 3. That Section 9364 of the Tustin City Code is hereby amended to
add the followi rig-
9364(g)
Fees for processing Vesting Tentative Maps shall be
collected in the same manner as set forth in Tustln
City Code Section 9364(a) except that, in addition
thereto, and pursuant to Government Code Sectton
66498.8(b), the subdivider shall pay an additional
$50.00 fee at the time of filing each Vesting
Tentative Map, until the cost of establishing
procedures for Vesting Tentative Maps is recovered.
At such time, this additional fee shall be eliminated.
Section 4. That the Subdivision Ordinance of the Tusttn City Code is hereby
amended to add the following'
PART 3.5 VESTING TENTATIVE MAPS
9335.1 AUTHORITY.
This Part is enacted pursuant to the authority granted by Chapter 4.5
(commencing with Section 66498.1) of Division 2 of Title 7 of the
Government Code of the State of California (hereinafter referred to
as the Vesting Tentative Map Statute), and may be cited as the
Vesting Tentative Map Ordinance.
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Resolution No. 2337
Page two
9335.2
9335.3
9335.4
9335.5
Intent and purpose
It ts the purpose of thts Part to establish procedures necessary
for the Implementation of the Vesttng Tentative Map Statute, and
to supplement the provisions of the Subdivision Map Act and the
Subdivision 0rdtnance of the Ctty of Tusttn (Tusttn Ctty Code
Secttons 9310 et seq., hereinafter referred to as the
"Subdivision 0rdlnance"). Except as otherwise set forth tn the
provisions of thts Part, the provisions of the Subdivision
0rdtnance shall apply to the Vesttng Tentative t4ap 0rd1 nance.
To accomplish thls purpose, the regulations outltned tn thts
Part are determined to be necessary for the preservation of the
public health, safety and general welfare, and for the promotion
of orderly growth and development.
Cons1 stency
No land shall be subdivided and developed pursuant to a vesttng
tentative map for any purpose whtch ts Inconsistent wtth the
General Plan of the Ctty of Tusttn and any applicable spectftc
plan or not permitted by the Zoning Ordinance of the Ct ty of
Tusttn or other ~ppltcable provisions of the Tusttn Ctty Code.
Application
a.) Thts Part shall apply only to residential developments.
Whenever a provision of the Subdivision Map Act, as
Implemented and supplemented by the Subdivision 0rdtnance,
requtres the ftltng of a tentative map for a residential
development, a vesttng tentative map may tnstead be filed
tn accordance wtth the provisions hereof.
b.) The ftltng of a vesttng tentative map shall not be a
prerequisite to any approval for any proposed subdivision,
perm1 t for con s tructt on, or work preparatory to
constructto-n.
Contents
A vesting tentative map shall be fl]ed In the same form and have
the same contents, accompanying date, and Information as ts
requtred tn Sectlons 9330, 9331 and 9380 through 9382 of the
Subdivision 0rdtnance except as hereinafter provtded or
supplemented:
a.) At the ttme a vesttng tentative map ts ftled a subdivider
shall also supply the following Information tn addttton to
the Information required by Secttons 9330 and 9331 of the
Subdtvl ston Ordinance-
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Resolution No. 2337
Page three
1.) The location and outltne to scale of each proposed
building, Including its proposed height, width, length
and size. If the proposed butldlng wtll occupy space
presently occupied by an existing building, the
proposed butldtng shall be shown on an accompanying
map Identical to the vesting tentative map, except for
the Inclusion of the proposed butldlng in place of the
existing building.
2.) Proposed water and sewer systems to be Installed in
the development, Including the size, qualtty, capacity
and locatton of equipment to be used to deliver such
servtces.
3.) Specific and detailed preliminary grading plans for
the proposed development.
4.) The location and size of all fire hydrants located
within 500 feet of any portion of the subdivision.
5.) A layout of adjoining unsubdtvided property, in
sufficient detail to show the effect of proposed
streets that may intersect such property.
6.) The location of any previously filled areas within the
subdivision.
7.) A flood hazard report to the City.
8.) All private streets/structural sections shall be
destgned by a registered Civil or Soils Engtneer and
shall be designed to a 20 year design life.
9.) An environmental assessment statement and/or input for
a draft environmental impact report pursuant to the
California Public Resources Code as determined by the
Director of Community Development.
10.) Any other data or reports deemed necessary by the
Director of Community Development or the City
Engineer.
11.) The Department of Community Development may waive any
of the foregoing when such is not necessitated by the
nature of the subdivision of land.
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Resolution No. 2337
Page four
9335.6
9335.7
9335.8
12.) In the case of a subdivision to be created from the
conversion of a mobile home park to another use, the
vesting tentative map shal'l addi ti onal ly be
accompanied by a report on the impact of the
conversion upon the displaced residents of the mobile
home park to be converted. Such report shall be made
tn accordance with Government Code Section 66427.4.
Zoning Approvals Prior to Map Approval
Prior to granting approval of a vesting tentative map, the
Community Development Department may require the applicant to
first obtain prior to, or concurrent with the tentative map any
design of architectural review approval, use permit, variance
zoning or any other approval that may be required under the
Zoning Ordinance of the City of Tustin or elsewhere with respect
to the proposed development.
Amendment to Vesting Tentative Map
At any time prior to the expiration of the vesting tentative map
pursuant to Sect-ion 9361 (d) of the Subdivision Ordinance, the
subdivider or owner may apply for an amendment to the vesting
tentati ye map.
Vesting On Approval of Vesting Tentative Map
a. ) The approval or conditional approval of a vesting tentative
map shall confer a vested right to proceed with development
in substantial compliance with the ordinances, policies and
standards described in Government Code Section 66474.2.
However, if Section 66474.2 of the Government Code is
repealed, the approval or conditional approval of a vesting
tentative map shall confer a vested right to proceed wi th
development in substantial compliance with the ordinances,
policies, and standards in effect at the time the vesting
tentative map is approved or conditionally approved.
b.) The rights referred to herein shall expire if a final map
is not approved pursuant to Section 9340 of the Tustin City
Code, prior to the expiration of the vesting tentative map
as provided in Section 9361 (d) of the Subdivision
Ordinance. If the final map is approved, these rights
shall last for the following periods of time:
1.) An initial time period of one year. Where several
final maps are recorded on various phases of a project
covered by a single vesting tentaive map, this initial
period shall begin for each phase when the final map
for that phase is recorded.
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Resolution No. 2337
Page ftve
9335.9
9336
2.) The tnltlal time pertod set forth tn subsection (b)
(1) shall be automatically extended by any ttme used
for processing a complete appltcaton for a gradtng
permtt or for destgn or architectural revtew, tf such
processing exceeds thtrty days from the date a
complete application ts ftled. Thts subsection shall
not apply tf the Community Development Department
requires destgn or architectural revtew prtor to
approval of a vesttng tentative map pursuant to
Sectton 9335.6.
3.) A subdivider may apply for a one year extension at any
time before the initial time period set forth in
subsection (b) (1) expires. If the extension is
denied, the subdivider may appeal that denial to the
Tusttn City Council within fifteen days of the date of
the denial.
4.) If a subdivider Submits a con~lete application for a
building permit during the periods of time specified
within subsection 9335.8 (b) (1) and (2), the rights
referred to herein shall continue until the expiration
of thal~ permit, or any extension of that permit.
Effect of Inconsistent Zoning Regulations
Whenever a subdivider or owner files a vesting tentative map for
a subdivision or building site whose intended development is
inconsistent wi th any regulations contained In the Zoning
Ordinance of the City of Tustin, that inconsistency shall be
noted on the vesting tentative map. The advisory agency may
deny such a vesting tentative map or approve it conditioned upon
the applicant obtaining the necessary change in the Zoning
Ordinance of the City of Tustin to eliminate the inconsistency.
If such change ts obtained, the approved or conditionally
approved vesting tentative map shall, notwithstanding the
provisions of Section 9335.8, confer the vested right to proceed
with the development in substantial compliance with the change
in the Zoning Ordinance of the City of Tustin and the vesting
tentative map, as approved. The rights conferred by this Section
shall continue for the periods of time specified in subsection
9335.8 (b) of this Part.
Applications Inconsistent with Current Policies
Notwithstanding any provision of this Part, a property owner or
his or her designee may seek approvals or permits for
development which depart from the ordinances, policies, and
standards described in Sections 9335.8 (a) and 9335.9, and local
agencies may grant these approvals or issue these permits to the
extent that the departures are authorized under applicable
provisions of the Code.
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Resolution No. 2337
Page si x
9336.1
Compl lance wi th Other Laws
1.) Nothing in this article shall enlarge, diminish or alter
the types of conditions which may be imposed by the City of
Tustin on a development, nor in any way diminish or alter
the power of the City to protect against a condition
dangerous to the public health or safety.
2.) Nothing in this article shall remove, diminish, or affect
the obligations of any subdivider or owner to comply with
the conditions and requirements of any state or federal law
regulation or policy.
PASSED AND ADOPTED by.,the Plannt~l~ommission of the City of Tustin,
Calt forni a, this 27th day of May, 1986
SI'ATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF TIJSTIN )
I, PENNI FOLEY, the undersigned, hereby certJfy that I am the
Recording Secretary of the PlanningCommisston of the City of Tusttn,
fornt , that Resolution No. ~_~was duly passed and adopted at.,
Cal~ a'
a regular~_ettng of the Tus,ld~n Pl~l"Eg Commission, held on the,:~7_~~'
day of~ )~1 , 19_~_.
PENNI FOLEY
Record1 ng Secretar~