HomeMy WebLinkAbout02 Proposed Amendment of the Tustin Subdivision OrdinanceilEuM 2
AGENDA L PORT
uAA T NHG DATE: MAY 28, 2013
TO: U LANN-NNNIG CrflNINIIIISSIO1\9
SUBJECT: PROPOSED ANIENDMENT OF THE TUSTU\1 SUSDIVISION] ORMNIANICE (,ARTiCLE 9,
Cq lAVP T Ev a 3 OF THE TUSTIN CITY CODE).
That the Planning Commission rac -shoe sibs Community De,,jeleprnent Departmesnt's drift update
of the Tustin Subdivision Ordinance and set shoe item f ®r public hearing on June 11, 2073.
The current Tustin Subdivision Ordinance and proposed amendments are comprehensive;
therefore, staff is providing the draft proposed cede amandmant to the Flanning Commission for
ravjav in advance of the anticipated June 11, 2013 meeting vihen a formal presentation,
discussion and consideration of the item �jijill occur.
APFLLR OVA L AU 7 M�CO R, l TY.
The City of Tus1in's Subdivision Ordinance is included in the Tustin City Code 1Anftle 9,
Chzipter 3) and provides direction for subdivision acdyity 12 loTed to the !City of T ussdn.
Amendment o°f t ie City of Tuadn Subdivision Ordinance is -,' City- initiated �'uork effort. The City
Council is the approval body for proposed amendments to the Tustin pity Code. Tustin City
Code Section 931Ig5 authorizes the Planning COmmission to provide a reooMmondation to the
City Council on such amendments.
D A C�N(07[30 UINI- 'AJN101 n1 3 C 5 101M:
In general, land oann®( be divided in California �,Ajltbout local government approval. Dividing
land for sale, lease or financing is regulated by the California Subdh /ision Ai'lap Act (commencing
�jAjitb Govarnrment Code Section 66 ,410) and local ordinances that are consistent AfMth the Act.
The Subdivision Code establishes regulations concerning the design of the subdivision, the size
of its lots, and the types of improvements (arses construction, lines, drainage facilities,
etc.), and the loan and content of all required maps in TuMM, and is based upon the Subdivision
Map Act.
Originally established in 1952, the City's Subdivision Ordinance has been updated on numerous
occasions. The last comprehensive revision of true City's Subdivision Ordinance occurred in
1981, vAjith 't'be 'last specific update occurring on Fabru.-Iry 18, 1997. Stiff has prepared draft
Cole Amendment 2013 -002 (Ordinance l\lo, 1430) as a cornprehensive update of the
Subdivision Code. A copy of the code amendment �,Aji'th the proposed changes sho),,\jn in mark kip
(redlined) text is provided as Attachment 1. The redline version depicts the Ordinance in place
10i -oaring Commission Reper�
AAay 23, 2313
Proposed Amendment of Tustin SubdMsicn Ordinance
Page 2
'loday in black te;�t v; h the proposed changes shmAin in red strikeout for deleted «��� end reel
underline Tor added teNt. In some cases, large sections of �� t appear to be deleted, ?hen in
fact they may simply be proposed to be relocated to another chapter in the Ordinance.
Key Changes
Key changes proposed in the proposed amandmom include:
I . Removing oultdated language;
2. FerIorrnlng, ordinance "general housekeeping" to ensure consistency �Ajith the State
Subdivision N72p Act revisions and current City practdoe; and,
Process streamlining.
Process streamlining is the most significant element of the proposes] changes. Staff beksves
that its implementation �jyill haves the greatest positive impact on facilitating and streamlining the
subdivision process. The follo1j'Ang discussion highlights some of the more significant changes
proposed:
Subdivision Manual c The Subdivision NdanUE]a is a procedural document that provides
raffles, appdicatdon requirements, procedures and interpretatdonS, as may be necessary or
convesnient to implement the Subdivision Code. The current Subdivision Ordinance only
generally refers to the City's Subdivision dIanual which was adopted by the Tustin City
Council on AAarch 2, 1998. The proposed amendment �,/Ajould codify the aUa horny of the
Subdivision Manual and allogki for the periodic modification of its requirements provided
such amendments are consistent with the Subdivision uNlap Act and the Subdivision
Code (see Section 9311 e on page 2).
Submittal FResi — The CUrrent Subdivision Ordinance identifies submittal
requirements for a variety of applications (see previous Section 932Zb.1 on page 13).
Submittal items should not be identified in the Tustin City Code since specific items may
periodically need to be �iaivsd, expanded upon or modified depending upon the
comple�ity of a Specific project submittal. The current Code - mandated list of submittal
items eliminates necessary fle;�Nity and adds time and cost to the application process.
Application requlr a eats vjilu' be listed as policy in the Subdivision Manual. Eliminating
the lust of submittal items from the current Ordinance proVides the greatest flexibility in
A�sorking AjMth a ,property mainer to tailor a specffic application to a specific situation.
Administration —`the current Subdivision Ordinance contains Sometimes conflllctdng or
Confusing lan�V w hen identifying responsibilities for administering and processing
subdivision applications. The Community Development Department currently processes
all Subdivision Ordinance applications except lcr Lot i7 6ne Adl'astrnent and Rnaf Tract or
Parcel Map appGjcatjons, A��hich are currently processes) by the Public Works
Department.
Although both departments viork together, the eAstinsg separation of responsibilities is
problematic for projects involving multiple discretionary actions (Conditional Use !Permit,
Design Revie,Aj) that also include a Lot Line Adjustment or urinal ��lap.
;Manning Commission Report
May 23, 2013
Proposed Amendrnen,t of Tustin Subdivision Ordinance
Page 3
The proposed amendment livould eliiminEte the current division or responsibilities and
standardize formal 'Community De�,7elopment Dep2rtmen,t authority for processing of all
future Subdivision api dlcatio CcmmL]natY Development DaparLmant staff vioLfld
continue to c ®ordinte Frith "'lubl'oo ✓Vors stiff on technical comments regarding the
prepay @tion of all subdivision applications and route these applications along vilth any
Other discretionarj applicctions (i.e. Condi'tion2l Use Permits, Design RevimjA
Applications, etc. to Rublic Works, other City Departments, and affected outside
agencies (Orange County Fire Authority, etc. ) for formal reAetin] and comment. once all
comments have been collected, the Community Development Department ?mill
coordinate ,and prepare all incomplete, correction letters, etc. The proposed amendment
eliminates confusion at the counter -cis [ Ds to �,A hich City epartment processes ��, h�t end
�,Ajhere 2pplicadons are submitted or resubmitted.
O Streamline and Exloedite Subdivision Frocessi
Final A✓12_Aporoval - Trace and ;parcel �✓ 2ps proposed in `�ustin ire currently
required to go through a bjljo -s'tep process. Tentative Tract and 'Parcel Maps are
brought before the Planning Commission (" the Advisory Z \gency" ) for a
recommendation before formal consideration by the City Council `°the L.egisladvo
Locly „�. City Council consideration of a Tentative a Tact or Parcel Map is a quasi -
judicial process that includes a thorough investigation and e mmin2tion of the facts
and conclusions draNAin from their revismaj of the proposal as the foundation for their
official action. Typically, is approved �ji #Zh conditions. Follmojing City
Council approval of the Tentative N/Iap, the applicant and staff iijork to ensure all
conditions of approval are met. Once all of the conditions have been met, a Final
`v Tact or Parcel leap is brought before the !City Council for approval as a Consent
Calendar item.
Approval of a Final Map is considered a ministeri2l act in that is requires no
subjective evaluMion by the legislative body (since that ,process �,,jas completed
during the Tentative Map phase). This mares a Final ?✓slap very mach lire a (Building
Permit. l; the ` ozntative Al2p's approval conditions have been met and the proposed
Final Map complies 1,, &Kh the Subdivision Ordinance (the City Engineer is prepared to
execute the map for recording with the County), it must be approved. Taking a Final
Map before the City Council is not required. In fact, the current process can delay
the processing of a project for l ,,�jeel�s.
Even though f=inal Maps are ministerial actions, they are currently given a higher
level Of scrutiny and are processed diFerently from any other -IjSCu �siu
application. ;nor other discretionary actions invol\/-ng conditional approval such as
Design e ✓ie �� or Conditional Use Permit 2pplic &lions, staff does not bring back the
matter before the Planning Commission or City Council to report that all conditions
have been met and to request final approval of the project. For these types of
discretionary @pproy@ls, a building permit, occupancy permit, business license, etc.
may be issued to complete the project after all conditions of approval have been
satisfied.
Section 66458(d) of the Subdivision �MaP Act ,permits the Lsgisloltiva Body to
delegate (by Ordinance) the responsibility for approving a Final Map. The proposed
amendment to the Subd °vision Ordinance would authorize the Director of Community
Planning Commission Rsport
May 28, 2013
Proposed Amendment of Tustin Subdivision Ordinance
Wage 4
0- misloprnent to approve all Final N12ps consistent 1,Ajith City COUncil- approved
Tentative Niaps and flollo ling the City engineer's technical Binding that the, map
complies vAth the Subdivision Niap y1c�t. The proposal �,,�jould ensure equivalent
COmmissionlCo uncii revie1u and approval NvAlhile expediting the processing oil
previously approved Tentative i�jiap applications.
Z Lot (Lune Adlustments and Parcel A0 Finial iMaps, the Subdivision
NIElp Act considers a Lot Line Adjustment and a Paros l � I SrgSr runiats
rsal actions.
These applications are considered relatiVeily minor and typically involve correcting an
odd lot line, assimilating a remnant parcel into a larger adjoining parcel, etc . surnular
to Final i\jiaps, Lot True Adjuslmsnts and Parcel Mergers cannot be conditioned; they
either conform to the Subdivision Code and Zoning Code or they don't (e.g. conform
to the City's minimum lot size, etc.). If these applications conform to the Subdivision
Nlap Act and the Tustin City Code, the City must approve there. Currently, Lot Line
Adjustments and Farcol Nlargers require Rannung Commission and City Council
consideration. The proposed amendment vMOUld authorize t'he Director of Co mmunity
Deveiopment Department to approve these apOlucaticns thereby resulting in an
expedited approval ;process to the benefit of affected property oavners.
81andardi,--wed Ap�o�Process — The ;proposed amendment ?,vouM revise the current
appeai process ident%sd �,Ajithin the Subdivision ordinance to be the same as the
standard appeal ,process used throughout the Tustin City Code and Zoning code. For
example, staff decisions and actions are appealable to the Manning Commission;
Planning Commission decisions are appealable to the City Council; and, all appeai
periods are 10 calendar days (except when the 107h day v:alis on a o Skencl or holiday
it would roll to the next business day).
Revise J Table 1 - Table 2 -3 has been revised to be consistent �jkjith other proposed
revisions of the 12istin Subdivision Ordinance.
Revis�x Authority
Type of D44sie pplication
,Decision Body
Appeal Body
Code Interpretation
Planning Commission'
Certificate of Compliance _
Direotor
Planning Commission
G�inad leads
Gotln"� .
- -City Council
ILot Line Ad;ustments _
GeunciiDirector
GommissionDirector
— Planning Commission
Parcei Msr ers
Gj t neilPlanning Commission
Reversbn to Acreage
C_ ity Council-
Tentative ilia s, includin Vestin
City Council
-
�gExtension of Tentative Map
Director
Planning Commission'
Acceptance of Dedications or
Improvements
Subdivision Code Waiver
City Engineer
Planning Commission'
Director
Manning Commission
Tha Plnnninn
— U- MR-USIOR,s OE -310ii Maybe appealed 3o the Uouncil.
2 The Planning Commission shall make recom andations to the City Council.
Picrrirg Commission Report
May 28, 2013
Proposed Arnendmsnt of Tustin Subdivision Ordinance
Page 5
C011\1 CLJUti�90N
Process streamlining is the most significant element of the proposed amendment of the
Subditiiision Ordinance. Staff believes that its irnplemantaJon �vljili have the greatest positive
impact on Iacilitating and streamNning the sub6v�sion process. The Tustin Subdivision
Ordinance and proposed amendment are both comprehensilre and compiicaM. Therefore,
s'M f is providing the draft of the proposed code amendment to the l)lanning Commission in
advance of the anticipated June 11, 2013 meeting vkihen a formal presentation, discussion and
consideration Of the item viii Occur.
&-afu believes that the proposed amendment is innovative yet folloiys a trend in the urban
planning community to remove obstacles and bureaucracy on matters that are technical and
rouVne. Staff has inclUded a survey of other cities for consideration by the Planning
Commission (Attachment 2). The cities sLirv>eyed ?Nere selected because of their similarity to
Tustin or because they process a signftan °t number of subdivision a,p,pliica °'ions. it should be
recognize that some of the cities surveyed currently process subdivision applications in a
manner similar to the current process utilized by the City of Tustin Nsjhich, again, has not been
comprehensibly updated since I gal.
The City Attorney has resviemiliecl and approved the proposed ordinance amendment.
Any questions or concerns vji,th'he proposed amendment of the Subdivision Ordinance should
be directed to staff for consideration and action as early as possible prior to the Planning
Co � m� scion °s formal consideration on JVne 11, 2013.
Lana L. ®gdon, AICP
Assistant Director
Elizabeth A. insack
Director of Community Development
Attachment 1: Community Survey
Attachment 2: Red -iined version of proposed amendment of the Subdialision Ordinance.
S:\cdd \pereport\subdivlslon ordinance transmittal.doc
ATTACHMENT 1
COMMUNITY SURVEY
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ATTACHMENT 2
RED-LINED VERSION OF PROPOSED AMENDMENT OF THE
SUBDIVISION ORDINANCE
Gage 1
CHAPTER 3
SILL D' VICIONS
PART 1 PURPOSE, INTENT AND APPLICPABILlTY OF SUBDIVISION CODE
9311 PURPOSE, INTENT �1NND APPLICABILITY OF SUBDIVISION CODE
a. Title
article 9, Chapter 3, of the Tustin City Cede is and may be cited as the Subdivision Code of
the City of Tustin, hereafter referred to as "the Subdivision Code."
b. Purpose and Intent
The purpose of the Subdivision Cede is to implement 'the Subdivision Nap Act of the State
ef-Cal f—r4i related to the division of land tijajo'thin or p2rtially �,Aji'thin 'lha City of Tustin by
establishing regulations concerning the design, improvement, and survey data of subdivisions,
the fora and content of 21I required maps provided under the Subdivision Map Act, and the
procedure to be folleAjed in securing the official approval of the City regarding the maps. To
fulfill these purposes, the intent of the Subdivision Coale is to:
1. Promote orderly grmArth and development to preserve 'the public health, safety and
general �ftjelfare;
2. Promote opera space, conservation, protection, and proper use of land; and,
3. Provide for adequate traffic circu12'tion, utilities, and other services in the City.
c. Authority and URelationship 'to General (Plan
The Subdivision Cole is enacted based upon authority vested in the (City of .0 ustin by the
State of California, including but not firnited to: the State Constitution and the Subdivision Nlap
Act (Government Code Sections 33413 et seq.
The Subdivision Code is a tool used by the City of Tustin to implement the goals, objectives
and policies established in the Tustin General elan.
d. Applicability of Subdivision Code
The Subdivision Code shall apply to all divisions of land vajithin or partially within the City of
Tustin, except as provided in 9313 (Exemptions from Subdivision Requirements). In the event
that this chapter is silent or does not address "s ecific subdivision issue procedure or
requirement, the City shall defer to the provisions of the Subdivision Map Act.
Every division of land proposed within or partially within the City of Tustin shall be consistent
with the Tustin General plan, any applicable Specific Plan, Article 9, Chapter 2 (Zoning Code)
and other applicable provisions of the Tustin City Code.
The type and intensity of Land use as shmilin on the General Plan, any applicable Specific
Flan, Article 9, Chapter 2, (Zoning Code), or other applicable provisions of the Tustin City Code
Page 2
shaid determine, together ���i`th `the requirements of the Subdivision Map Act and the Subdivision
Code, the type of streets, rows, hi &hR12ys, utilities, and other public services that shah be
provided by the subdivider.
e. Subdivision Manual
The Director of Community Development ("Director ") shall formulate such rules procedures
and interpretations as may be necessary or convenient to administer the Subdivision Code
Such rules and procedures shall be referred to as the Tustin Subdivision Manual The
Subdivision Manual was initially adopted by the Tustin City Council (Resolution No 98-18). The
Director is hereby authorized to incorporate further amendments into the Subdivision Manual
Provided such amendments are consistent with the Subdivision Map Act and this Subdivision
Code.
f. Standards
All public street improvements to be installed or agreed to be installed in a subdivision shall
conform to the City of Tustin's "Street Design Manual and Standard Plans." The City Engineer
is hereby authorized to amend the City of Tustin's "Street Design Manual and Standard Plans,"
Provided such amendments are consistent -with this Chapter and the Subdivision Map Act
-- _ - Responsibility and Delegation of Authority
The following advisory agencies, as that term is used in the Subdivision Map Act are hereby
authorized to discharge and administer the duties set forth in this Subdivision Code shRll hp-
administeFed
,
as follows:
4-. City Attorney. The City Attomey shall be respo rrn
iRterest ,
the authority to make legal interpFetatiE-)'ns'ef the Subdivision Cotitz
2-1. City Council. The Tustin City Council shall be the Legislative Body as identified
ubdolfWAM
shall have the responsibility and authority to conduct public
hearings, and approve, conditionally approve or disapprove
subdivisions in GOMpliaRGe with 9321.b (Authority fop Subdivision DeGiSiGqs)
tentative
maps, petitions for reversion to acreage and Subdivision Code modifications. The City
Council shall also review and uphold or deny appeals from actions taken in compliance
with Section 9321.b (Authority for Subdivision Decisions) of this Code
.._- Citnineer. The City Liu uiu user- Or deSlClnee, SP1plle reSp®nSi�e `fir
Qa) Determining if Proposed subdivision improvements comply n, ,A9ith the Subdivision
Codex;
fib) examining and certifying that final maps are in substantial sempliaRGe conformance
Nj�jith the approved tentative maps;
(c) Processing and approving subdivision public improvement Mans;
Page 3
(d) Establishing design and construction standards and specificationm for public
improvements;
(e) Preparing and approving subdivision improvement agreements;
(f) inspecting, approving and accepting subdivision public improvements; arm
(q) PFOGessing of lot line aGqust ieRts Acceptinq dedications and conveyances of real
property and interests in real property offered at no cost to the City -: and.
(g )Q2 Amending the City of Tustin's "Street Design Manual and Standard Plans."
4.3. Director of Community DevelopmenWimr e ,, . The Director of Community
Development, or designee, Cirester -shall be responsible for:
(a) Processing oaf tentative l-maps, final maps, reversion to
acreage reaps, y , and amended maps;
(b) [Establishing design and construction standards for private irnprovemonts;
(c) Processing and approving subdivision private improvement plans;
(d) ,Processing and approving proposed street names;
(a) Inspecting, approving and accepting subdivision ,private improvements.
(f) Processing and approving conditionally approving or disapproving lot line
adjustments, parcel mergers final maps certificates of compliance and requests for
extension of a tentative map and the waiver of the Subdivision Code; and
(q) Interpreting all provisions of the Subdivision Code
&A. Director of Parks and Recreation. The gemmunity ServiGes DiFente Director of
Parks and Recreation or designee shall be responsible for determining if the proposed
park land dedications and /or recreation improvements related to a subdivision comply
v�ith the Subdivision Code.
6:5. PlanNng Commission. The Manning Commission shall be the Advisory AgeRG,�
dentified in ihe Subdivision Map AGt and shall have the responsibility to review and
recommend to the City Council actions, findings and conditions pertinent to the
application for a division of land, and review and uphold or deny appeals from actions
taken in compliance awith 93211.b (Authority for Subdivision Decisions).
VVheReVeF the land iAvealved in -any subdivision is of a size or shape, subjeGt to title limitations
, or to be devoted to a use that is
Page 4
9312 EXCLUSIONS FROM THE SUBDIVISION CODE
Those activities identified in Sections 66412 (except subsection (d) related to Lot Line
Adjustments) 66412.1 66412 .2, 66412 .5, 66412.6 or 66426.5 of the Subdivision Map Act shall
be excluded from the requirements of the Subdivision Code
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9312 EXCLUSIONS FROM THE SUBDIVISION CODE
Those activities identified in Sections 66412 (except subsection (d) related to Lot Line
Adjustments) 66412.1 66412 .2, 66412 .5, 66412.6 or 66426.5 of the Subdivision Map Act shall
be excluded from the requirements of the Subdivision Code
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maze. ll WIN
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9314 9313 WAIVER OF SUBDIVISION REQUIREMENTS
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9314 9313 WAIVER OF SUBDIVISION REQUIREMENTS
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9314 9313 WAIVER OF SUBDIVISION REQUIREMENTS
Page 6
a Waiver of Tentative T-FaGt, Tentative PaFGeI Map d Fmina iap Requirements
, tentative PaFGel map OF fiRal FRap may be waived,
iR whole or part, at the diGGretiGR of the DiFeGter and afteF Gensultation "' 11 G", Engineer,
Anv subdivider may, upon formal application request the waiver of
one or more of the requirements for a tentative or final map for the following activities
1. division of real property or interests therein created by probate, eminent domain
procedures, partition, or other civil judgments or decrees.
2. divisions of real property resulting from the conveyance Of land or any interest therein to
or from the Cite, public entity or public utility for a public purpose, such as school sites,
public building sites, or rights c of- �,Ajay or easements for streets, se�jvers, utilities, drainage,
etc.
3. The unmerger, in accordance with the Subdivision Map Act and the Subdivision Code, of
real property with -which has been merged pursuant to the Subdivision Code, the
Subdivision Map Act or any prior ordinance of the City.
4. Where tenants purchase a mobile home park subject to the provisions of Section
66428.1 of the Subdivision Map Act.
b Waiver findings
After the waiver application is deemed complete pursuant to Government Code Section
65943, the Director shall approve or deny the application within 50 calendar da s. The
requirements for a tentative tFaGt map, tentative paFGet -map or final swap shall not be waived, in
whole or in part, unless the Director makes a finding that the proposed division of land complies
with roq&aments as to area, improvement and design, flood water drainage control,
appropriate improved public roads, sanitary disposal facilities, 1,,uater supply availability,
onvironmental protection, and other requirements of the Subdivision N/iap Act, the Subdivision
Code and the Tustin !General Plan, any applicable Specific Plan, Article 9, Chapter 2 (Zoning
Code) and other applicable provisions of the TustiR Goy Code. ] -ire subdivider shall have the
right to appeal the decision to the Tustin Planning Commission in compliance with 9321.h
(Appeals).
c Certificate of Compliance Required
The director shall file with the County Recorder a Certificate of Compliance for the land to
be divided, in compliance �>•�i °th 9333.c, (Certificate of Compliance), and a plat map shoeing the
division. The certificate of compliance sha'l'l include -documentation by the County T a;�
Collector in compliance with 9325.b.4 (Tax Certificate).
If the application for a Certificate of Compliance is filed over one (1) year following the
Determination of Compliance the application for a Certificate of Compliance shall be
accompanied by the current vesting deed(s) and such other information as may be required to
ascertain the status of each parcel included in the application as well as a map drawn to an
engineer's scale of the subject property with dimensions showing the location and use of all
structures on the property and all streets adjacent to and providing access to the property. The
Page 7
application shall not be considered as complete until all the application documents including the
vest[na deeds) and map have been received together with the processing fee
Como:Jons may, be imposed to provude for, among other things, payment by ffie sUCb&vider
of parkland dradica« ion, drainage, and other Tees 'ftt are perm t7` sd Undesr'ffie Subdivision Code,
the Subdivision Nlap Act, or other relevant
The decision of the DireGi:or shall be considered final unless an appeal is filed in compliance
vv lh 9321.g -h (Appea9s). The deGiSion of the DiFeGtGF, eF any GGndition of approval,
appealable to the Commission. The deGiSiGR of the Go i i any Gendition of approval-,4s
appealable to the GeunGil.
9314 MODIFICATION OF SUBDIVISION REQUIREMENTS
A subdivider may request a modification to any Subdivision Code regulation or requirement
consistent with the following application procedures and findings This modification procedure
shall not apply to modifications of Zoning Code requirements
1. Application. An application for a modification shall be made by the subdivider on forms
and with such fees or deposits as may be prescribed by the Department or by resolution
adopted by the City Council. The application shall set forth the nature and extent of the
requested modification, the grounds of the application and the facts relied upon by the
applicant for the request for a modification and be accompanied by a written statement
identifying the special grounds or circumstances that will enable the required findings to
be made.
2. Required findings for approval. An application for a modification shall be considered by
the City Council concurrently with the application for a tentative map vesting tentative
map, or other application, following receipt of a recommendation on the matter from the
Planning Commission. To the extent that provisions of the Subdivision Code conform to
the Subdivision Map Act they may not be waived In approving or conditionally
approving a modification of the regulations or requirements included in this chapter, the
City Council shall make the following findings:
(a) Because the land involved in the subdivision is of an unusual size or shape; or is
subject to title limitations of record that effect or limit its development; or is affected
by topographical location or condition of land involved that affects its development; or
the use to which the land involved will be devoted requires the modification it is
impossible or impracticable for the subdivider to conform fully to the regulations
contained in this chapter.
(b) The subdivision is in conformity with the Subdivision Map Act the General Plan any
applicable Specific Plan, Article 9 Chapter 2 (Zoning Code) and other applicable
provisions of the Code.
Fags 8
PART 2 SUSIDlVlSlO -N PROCESSING
9321 SUSDlV00l N AUTfHCRl Y AND
a introduction
APPLICAiI lON FlUNGPROCESSING
This part provides standard procedures and requirements for the preparation, filing and
Processing of applications for divisions of land required by the Subdivision Code.
b Authority for Subdivision !Decisions
Table 2 -1 (RevievAj Authority) identifies the City official or body responsible for reviewing and
malt ng decisions on each type of application for divisions of land required by the Subdivision
Code.
d able 2 -1
Review Authority
Type of ,-A�-Applrcation
Dccj'sjon, Body
ApJocaI B;cdy
Code Interpretation
Director
Planning Commission'
Certificate of Compliance
Director
Planning Commission'
Final Maps
CeunsilDirector
--City Council
Lot Line Adjustments
CeunsilDirector
-- Planning Commission'
Parcel iN ergers
Director
Ceuns+IPlanning Commission'
Reversion to Acreage
City Council?
Tentative Maps, including Vestinq
City Councih
VesiH4gExtension of Tentative
Map
Director
Planning Commission'
Acceptance of Dedications or
Improvements
City Engineer
Planning Commission'
Subdivision Code Waiver
Director
Planning Commission'
' The Planning Commission's decision may be appealed to the
(Council.
2The Planning Commission shall make recommendations to the City Council.
c Application Filing and Fees
Applications for divisions of land shall be processed in compliance with this section and
the City's Subdivision Manual
1. Application Contents. Applications for divisions of land shall be filed with the
DepartmaM. The DepaFtment'" ili An application shall be considered
complete v, hen:
(a) All necessary forms, materials and exhibits as identified in the City's Subdivision
✓ianual have been provided and accepted as adequate; and,
Page 9
(b) All necessary application fees and /or deposits have been accepted.
The tentative traGt rna tentative r me map, final map and other dral,,Mn'gs �JA✓hich 2ra o be
ultimately recorded shall be prepared by a registered civil engineer or licensed land
suNeyor. The maps and exhibits shall be clearly draAjvn and contain the necessary
information as determined by the Department. The Department may also require additional
materials, exhibits, data or information determined necessary to accomplish the purposes
of the Subdivision �-V ap Act and/or the Subdivision Code.
2. Eligibility for Hing. Applications may be made by the o�, /Ajnerts) of the subject property or
by any other person, �juith the �jirjtten consent of the property oNvner.
d initial Application Reti�ie)x1FEnN>lronmen1al Assessment
Processing of any submitted application will not commence until after all required
information_ is received and accepted and the Department confirms that the application is
complete. All applications filed with the Department in compliance with the Subdivision Code
and the City's Subdivision Manual shall be initially processed as follows:
1. Revia?ikj for Completeness. The Department shall revie�jv all applications for accuracy
before they are accepted as 'being complete.
(a) I\Iotification of Applicant. The applicant shall be informed, as required by 'the
Government Code, ejther that the application is complete and has been accepted for
processing, or that the application is incomplete and that additional information,
specified in Ietter, must be provided.
(b) Environmental Information. The Department may require the applicant to submit
such additional information as may be deemed reasonably necessary for
environmental review of the project in compliance with 9321.d.3 (Environmental
Assessment)_ and the Califorr,i nvirormental Quality Act (CEQA).
(c) Expiration of Application. if a pending application is not capable of being deemed
complete AM'Ihin six (6) months after the first filing Axith the Department, the
application shall be deemed withdrawn unless an extension is granted by the
Director. A ne1iv application, including fees, ;plans, exhibits and other materials, ikiiII be
required to com eiruce processing of any subdivision on the same property.
2. Referral of Application. At the discretion of the Director, or �jvhere otherMS8 required by
the Subdivision �Nilap Act, any application filed may be referred to any ,public agency that
may be affected or have an interest in the proposed subdivision.
3. Environmental Assessment. Once the application is determined to be complete All -all
subdivision applications shall be revie�,,l,jed as required by the Galifnrnia- Envi..,.nm --
Quaky-AGt4CE_QA to determine �Jjhether the proposed subdivision is exempt from the
requirements or is not a project as defined by CEQA, �jvhsther a Hagative Declaration
may be issued, or whether an Environmental Impact Report shall be required. These
determinations and, where required, the preparation of environmental documents shall
be in compliance with C'QA and other guidelines established by the Department.
Page 10
e Concurrent Processing
When a proposed division of land or decision body action requires more than one land
use approval, all applications shall be processed concurrently as interrelated permits for a
project and shall not be bifurcated The highest designated decision body for all such
applications shall take final action on the multiple applications For example any division of
land determined by the Department to be inconsistent with the General Plan would require
concurrent consideration of an application to eliminate the inconsistency.
e:f Notice to AffeGted eRGies and Utilitiesof Public Hearing
Whenever a public hearing or meeting is scheduled to be held pursuant to this chapter,
notice of the time and place thereof, including a general description of the location of the
Proposed subdivision; the identity of the hearing body' and a general explanation of the matter
to be considered shall be given at least 10 calendar days before the hearing in accordance with
the provisions of the City's Subdivision Manual and Government Code Sections 65090 and
65091.
A proposed conversion of residential real property to a condominium community apartment
or stock cooperative project shall be noticed in accordance with Sections 66452 17 through
66452.20 of the Subdivision Map Act
■- - -
- --
- - -
■
Whenever a public hearing or meeting is scheduled to be held pursuant to this chapter,
notice of the time and place thereof, including a general description of the location of the
Proposed subdivision; the identity of the hearing body' and a general explanation of the matter
to be considered shall be given at least 10 calendar days before the hearing in accordance with
the provisions of the City's Subdivision Manual and Government Code Sections 65090 and
65091.
A proposed conversion of residential real property to a condominium community apartment
or stock cooperative project shall be noticed in accordance with Sections 66452 17 through
66452.20 of the Subdivision Map Act
- - -
■
Whenever a public hearing or meeting is scheduled to be held pursuant to this chapter,
notice of the time and place thereof, including a general description of the location of the
Proposed subdivision; the identity of the hearing body' and a general explanation of the matter
to be considered shall be given at least 10 calendar days before the hearing in accordance with
the provisions of the City's Subdivision Manual and Government Code Sections 65090 and
65091.
A proposed conversion of residential real property to a condominium community apartment
or stock cooperative project shall be noticed in accordance with Sections 66452 17 through
66452.20 of the Subdivision Map Act
Page I I
Additional noticing time as specified may be required to comply with noticing requirements
of the California Environmental Quality Act In the event of a conflict between required noticing
times, the longer time shall be given
The Department may give such other notice that it deems necessary or advisable
Substantial compliance with these provisions for notice shall be sufficient and a technical failure
to comply shall not affect the validity of any action taken according to the procedures in the
Subdivision Code.
The Planning Commissiondecision bodNi shall consider any input received from any
interested party, including any reports from affe -oted agencies, utilitles or School Districts in-prior
Lo approving, conditionally approving, or denying- disapproving # e4e tatty muN an appka ion
for division of land. Notwithstanding the foregoing it should be noted that the Subdivision iviap
Act or other state codes may require additional notice for certain applications
fg_Public Hearings
n0tiGe of heariRg(s) OR GGMpliaRGe with State law (Government Code SeGtiens 66090 and
65091). Additional RGtiGing time as speGified may be Fequired tO GOMPly With nGtiGiP'q
10tiGing times, the leRgeF time shall be , the publiG Shall be pF-OVided With
.
,
OF StE)Gk GOoperative projeGt shall be nOtiGed in aGGGrdaRGe with SeGtiens 66452.8 through
66452. 10 of the SubdivisieR Map A4,
NGtiGe shall also be given by mail or peFsonal deliveFy to any peFsen whe has filed a writteR
request with the City. A request may be submitted at any time dUFiRg the Galendar year and
shall apply feF the balanGe of the Galendar year-.
The Department may give SUGh otheF RGtiGe that it deems ReGessary or advisable,
Substantial GGFnPIiaRGe with these previ6ioRG foF n0tiGe shall be SUffiGient, and a teGhniGal failwe
Subdivision Gede
Whenever a public hearing is required by the Subdivision Code and the application for
subdivision and any environmental review has been determined to be complete and the
application has been determined to be in compliance with this Code all other applicable Codes
Specific Plans, General Plan and the City of Tustin's "Standard Drawings and Improvement
Design Standards," in effect as of the filing date or that includes application(s) that propose
actions that, if approved by the decision body, would correct any noncompliance the
Department shall set the time date and place of the public hearing before the decision body in
accordance with the deadlines for action provided in this Code.
9L Appeals
The subdivider, or any other interested party, may appeal any action of the decision body to
the appeal body as identified in 9321.b (Authority for Subdivision Decisions). Appeals shall be
filed with the City Clerk during normal business hours within 10 calendar days of the date of the
decision and be accompanied by a deposit or fee as required by City Council resolution or
ordinance. subm itted iR writing and filed with the DepaFtment. All appeals shall be made in
Page 12
writing and shall specify the decision appealed from the specific action or relief sought by the
_appellant in the appeal and reasons why the action taken by the decision body should be
modified or reversed. Timely filing of a written appeal shall automatically stay all actions and put
in abeyance all approvals or permits which may have been granted; and neither the applicant
nor any enforcing agency may rely upon the decision approval, or denial or other action
appealed from until the appeal has been resolved Failure to file a written appeal in
accordance with this subsection shall constitute a waiver thereof.
The appeal shall speGiftally state the peFtinent fac-;ts Of thie Gase and the basis for the
appeal. Appeals shall be filed with the DepaFtment withiR ten (40) GalendaF days of the deGiSOGR
body's aGtiGn. Appeals shall be aGGOFRpanied by the filing fee set by resolution of the Ge, inni,
The appeal shall be scheduled for consideration by the appropriate appeal body identified in
9321.b (Authority for Subdivision Decisions) within thirty (30) days of receipt of an appeal, with
the same noticing as required by Section 9321.f-g_(Public Hearings). If there is no regular
moo# inrr ..i +E...........r..........r_ _._._____ .. ..
notice can be iven or within 60 da s from the date of the receipt of the rev uest whichever
period is shorter.
At the heariRg, the appeal- body shall GE)RdUGt a de ROVE) Feview, may GORsideF any issue
RVOlVing the matter that is the subjeGt of the appeal, and shall Rot be knited to a GensWerafinn
of the speGift grOURds listed in the ap The hearing shall be de novo and the appeal bodv
may approve, approve with conditions or disapprove the matter in accordance with this Code or
remand the matter to the decision body for further proceedings in accordance with directions of
the appeal body. A decision of the City Council on such appeal shall be final
2. When FeVieWiR9 an appeal, the appeal body may adopt additional Genditions of approval
that may address other issues or GORGeFRs that the subjeGt Gf the appeal.
Page 13
9322 LOT LINE ADJUSTMENTS
a Purpose and Applicability
The purpose of this section is to provide for the submittal and processing of a complete
application in compliance with subsection 9321.c (application filing and fees) for a lot line
adjustments of four or fewer adjacent parcels in a manner so that any land taken from one
parcel will be added to an adjoining parcel in compliance with the Subdivision SsdeMap Act,
' - - -
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9322 LOT LINE ADJUSTMENTS
a Purpose and Applicability
The purpose of this section is to provide for the submittal and processing of a complete
application in compliance with subsection 9321.c (application filing and fees) for a lot line
adjustments of four or fewer adjacent parcels in a manner so that any land taken from one
parcel will be added to an adjoining parcel in compliance with the Subdivision SsdeMap Act,
' - - -
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Page 14
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sb Application Processing and Review
Each application shall be analyzed by the Department to ensure that the application is
consistent with the purpose and intent of this section, the Subdivision Map Act and the City's
Subdivision Manual.
1. Application review shall be limited to a determination of the following:
a Four or fewer existing adioininq parcels are involved;
b No greater number of parcels will result from the lot line adjustment;
c The parcels resulting from the lot line adjustment will conform to the Tustin General
Plan, and any applicable specific plan zoning and building ordinances
2. No conditions or exactions shall be imposed on the approval of a lot line adiustment
except to conform the proposal to the City's General Plan zoning and building
Page 15
ordinances, and /or to require the prepayment of real property taxes prior to the approval
of the approval of the lot line adiustment or to facilitate the relocation of existing utilities
infrastructure or easements.
3. No tentative or final map shall be required as a condition to the approval of a lot line
adjustment,
4. No record of survey shall be required for a lot line adjustment unless required by Section
8762 of the Business and Professions Code
DepaFtmeRVEngiReeFing Division shall forward the matteF to the GOUndl. The GE)LiRGil shall take
aGtiGn to approve, approve with GGRditieRs, er deny the lot line acqustment, Any aGtiE)n taken by
building -seder
do Find and-- Decision
Upon determining that a complete application has been submitted and that the application
complies with the Subdivision Map Act Subdivision Ordinance and Subdivision Manual.,-The-,the
Cot nsil Director shall approve conditionally approve or disapprove the proposed lot line
adjustment shall FeGGFd ts deGmSiGR iR wFiting with -the findings upon WhiGh the deGqsmE)R 06 based.
Any conditional approval shall be valid for six (6) months from the date of the decision If the
applicant applies for an extension before expiration of the conditional approval the Director may
grant the applicant one extension not to exceed an additional six (6) months to comply with the
conditional approval. If the conditions listed in the conditional approval are not met within the
initial six (6) month period or within any approved extension the conditional approval shall
expire. Once all conditions listed in the conditional approval are met the Director shall approve
the lot line adjustment.
An approved lot line adiustment shall be reflected in a deed which shall be recorded with
the office of the County Recorder in accordance with the provisions of Section 66412(d) of the
Government Code.
withoUt • : If a Record of Survey is prepared and
filed, a Certificate of Compliance shall also be recorded
1. A gFeateF number of paFGe'S would not be GFeated with the appr(wal Of thP 10t '*Re
adjustmeRt;
2. The proposed adjustments involve four (4) or fewer existing aclJoining pwGels-�
3. The proposed ae1justments to the existing paFGels result iR GGMPI*anGe with appluGable
i
Page 16
PUbliG VVoFksiEnqineeFinq Division shall tFansmit the approved lot line adjustment to the
County ReGOrdeF's OffiGe. A lot line adjustment shall be FeGerded within two (2) yeam
ftem the date of approval er E)theF time karne that Fnay be established with the lat liRe
adjustmeRt approval. Time extensiORS Fnay be granted in GOrnplianGe with subseGtiGn
9321.h (expirations/time extensions). if a lot IiRe adjustment is not exerGised within the
established time fFarne and a time extension is not granted, the lot line adjustment s4ag
be deemed to have expi d
9323 TENTATIVE PARCEL AND TEA1T°TIVE— TRACT MAPS
a Purpose
The purpose of this section is to provide for the submittal and processing of a complete
application in compliance with subsection 9321.c (application filing and fees) for tentative parcel
maps for the subdivision of land in compliance with the Subdivision SodeMap
Act, all applicable zoning regulations the Subdivision Code and the Subdivision Manual.
b Applicability and Reguirements
- _ -
- IN OM
- -
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- -
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11151 IMSH
MI M 711 MI
Page 17
Each application shall be consistent with the provisions of this section and the Subdivision
Map Act, Subdivision Code and the City's Subdivision Manua! Proposed divisions of land shall
comply with the following requirements:
1. Divisions of Land; Four or Less Parcels: Tentative Parcel Map Requirements
a A tentative parcel map shall be required for all subdivisions creating four (4) or less
Parcels or where:
1. The land before division contains less than five (5) acres each parcel created by
the division abuts upon a maintained public street or highway, and no dedications
or improvements are required by the City'
2. Each parcel created by the division has a gross area of twenty (20) acres or
more and has an approved access to a maintained public street or highway;
3. The land consists of a parcel or parcels of land having approved access to a
public street or highway which comprises part of a tract of land zoned for
industrial or commercial development and which has the approval of the City as
to street alignments and widths:
4. Each parcel created by the division has a gross area of not less than forty (40)
acres or is not less than a quarter of a quarter section: or
5. The land being subdivided is solely for the creation of any environmental
subdivision pursuant to Section 66418.2 of the Subdivision Map Act
In the interest of ensuring compliance with the Tustin General Plan Zoning Code
and any applicable specific plan the Director may require at the Director's
discretion, a tentative tract map where a tentative parcel map is otherwise required
b A tentative parcel map shall not be required for the following'
1. Subdivisions of a portion of the operating right -of -way of a railroad corporation
as defined by Section 230 of the State Public Utilities Code that are created by
short-term leases (terminable by either party on not more than 30 calendar days
notice in writing).
2. Land conveyed to or from a governmental agency, public entity or public utility, or
for Land conveyed to a subsidiary of a public utility for conveyance to such public
utility for rights -of -way, unless a finding is made by the Director in individual
cases, upon substantial evidence that public policy necessitates a parcel map.
For purposes of this subsection land conveyed to or from a governmental
agency shall include a fee interest an easement or a license
Page 18
2. Division of Land; Five or More Parcels: Tentative Tract Map Requirements
a A tentative tract map shall be required for all subdivisions creating five (5) or more
parcels, five (5) or more condominiums as defined in Section 783 of the California
Civil Code, a community apartment proiect containing five (5) or more parcels or for
the conversion of a dwelling to a stock cooperative containing five (5) or more
dwelling units except where a parcel map is required pursuant to Section 9323b.1 of
this Code.
b A tentative tract map shall not be required for the following:
1._ The financing or leasing of apartments offices stores or similar space within
apartment buildings industrial buildings commercial buildings mobile home
Parks or trailer parks.
2. Mineral, oil, or gas leases
3. Land dedicated for cemetery purposes under the Health and Safety Code
4. The leasing or licensing of a portion of a parcel or the granting of an easement
use permit, or similar right on a portion of a parcel to a telephone corporation as
defined in Section 234 of the Public Utilities Code exclusively for the Placement
and operation of cellular radio transmission facilities including but not limited to
antennae support structures microwave dishes structures to house cellular
communications transmission equipment power sources and other equipment
incidental to the transmission of cellular communications if the prooect is subiect
to discretionary action by the advisory agency or legislative body
5. Leases of agricultural land for agricultural purposes As used in this subdivision
'"agricultural purposes" means the cultivation of food or fiber or the grazing or
pastunnq of livestock.
6. The financing or leasing of any parcel of land or any portion thereof, in
conjunction with the construction of commercial or industrial buildings on a single
Parcel, unless the protect is not subiect to review under other local agency
ordinances regulating design and improvement.
7. The financing or leasing of existing separate commercial or industrial buildings
on a single parcel.
8. The construction financing or leasing of dwelling units pursuant to Section
65852.1 or second units pursuant to Section 65852 .2, but this Section shall be
applicable to the sale or transfer but not leasing of those units Subdivisions of
four parcels or less for construction of removable commercial buildings having a
floor area of less than 100 square feet (California Government Code Sections
66412, 66412.1 66412.2 and 66412 5 )
c Application Processing and Review
A complete application for a tentative map shall be filed with the Department in compliance
with 9321 .c (Application Filing and Fees) Each application shall be analyzed by the Department
Page 19
to ensure that the application is consistent with the purpose and intent of
be analyzed by the Department to eRSuFe that the proposed subdivision is the
requirements of the Subdivision Map Act, Subdivision Code, Subdivision Manual Tustin
General Plan, any applicable Specific Plan, Article 9, Chapter 2, (Zoning Code) and other
applicable provisions of the Tustin City Code and state law.
1. Tentative map applications shall be determined to be complete by the Department onlv
when.
a. All necessary application forms materials and exhibits as established by the
Department are accepted as adequate;
b. A preliminary soils geology and seismicity report prepared in accordance with the
California Building Code and City's Grading Manual is accepted as adequate,
c. A preliminary title report showing the legal owners and any encumbrances and
easements is accepted as adequate by the City Engineer. Said title report shall be
current within three (3) weeks of the submittal of the final map and be updated every
six (6) months from the date of the original submittal until final action on the
application is taken;
d. All necessary determinations and documents to comply with the California
Environmental Quality Act have been certified or adopted; and
e. All fees and /or deposits have been submitted and accepted
2. Tentative maps shall be considered by the Planning Commission and Council in
compliance with 9321.b (Authority for Subdivision Decisions) with a noticed public
hearing.
3. Tentative map applications which the Department determines are eligible for categorical
exemption from CEQA or which will rely upon a previously certified environmental
impact report, shall be reviewed and acted upon by the Planning Commission within 50
calendar days of the date when the Department has determined the application
complete.
4. Tentative map applications which the Department determines to be complete but that
require the preparation of an environmental document in compliance with CEQA shall be
reviewed and acted upon by the Planning Commission in conjunction with the
environmental document.
5. The Planning Commission shall provide a recommendation to the Citv Council, after a
public hearing, of any actions, findings, and conditions related to the tentative par-sel -sr
teRt ti e +traGt -ma
other relevant law. A Planning Commission recommendation for approval or conditional
approval of a tentative map shall be supported by the following findings:
Page 20
a. The proposed map is consistent with the Tustin General Plan or any applicable
specific plan, the Zoning Code this chapter, the Subdivision Map Act and other
applicable provisions of the Tustin City Code
b. The design or improvement of the proposed subdivision is consistent with the Tustin
General Plan or any applicable specific plan the Zoning Code and other applicable
provisions of the Tustin City Code
c. The site is physically suitable for the proposed type and density of development
d. The design of the subdivision or the proposed improvements will not cause
substantial environmental damage or substantially and avoidably iniure fish or wildlife
or their habitat. However, the City Council may approve or conditionally approve a
tentative map even if it is unable to make this finding if an environmental impact
report was prepared for the project and a finding was made that specific economic
social, or other considerations make infeasible the mitigation measures or project
alternatives identified in the environmental impact report that would mitigate damage
to the environment or to fish and wildlife and their habitat.
e. The design of the subdivision or the type of improvements will not cause serious
public health problems.
f. The design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large for access through or use of property
within the proposed subdivision In this connection the City Council may approve the
map if it finds that alternative easements for access through or for use of the
property will be provided and that these will be substantially equivalent to ones
Previously acquired by the public This subsection shall apply only to easements of
record or to easements established by judgment of a court of competent jurisdiction
g. The waste discharge from the proposed subdivision into a community sewer system
will not result in or add to violations of existing requirements prescribed by the
Regional Water Quality Control Board
h. Corrective measures have been proposed by a civil engineer registered by the State
if the preliminary soils report identifies the existence of critically expansive soils or
other soils problems which if not corrected would lead to structural defects within the
subdivision. No building permit shall be issued for the construction of any building or
structure within the subdivision which has been found to contain critically expansive
or defective soils unless the approved corrective measure is incorporated in the
construction plans.
i. Any tentative map where residential development of more than 500 dwelling units is
Proposed shall include a finding indicating or a condition requiring confirmation that
a sufficient water supply is available based on the submittal to the City of a written
verification of a "Sufficient Water Supply" as that term is defined in Section 66473.7
of the Subdivision Map Act from the applicable public water utility provider, or that
the Proposed subdivision is exempted by Section 66473.70) of the Subdivision Ma
Act from providing said verification
Page 21
In the event that one or more of the findings included in this section cannot be made to
support approval or conditional approval of the tentative map the Planning Commission shall
recommend that the tentative map be denied except when the subdivider files a tentative map
concurrently with an interrelated land use application (i a zone change general plan
amendment, etc.) intended to make the development proposal consistent with the above
findings.
As a condition of approval of a subdivision map the subdivider may be required to dedicate
or make an irrevocable offer of dedication to the public through the appropriate public agency
of all real property both on and off -site as required for public use or benefit Any condition
requiring dedication shall specify whether the real property shall be dedicated by easement or in
fee title as identified in Section 9331 of this code and shall also be so identified upon the
tentative map and final map
The Planning Commission's recommendation on the tentative map shall be provided to the
City Council at a public hearing t0 be held within 30 calendar days of the Commission's action
Noticing of the puV hearing shall be given in compliance with 9321.q (Public Hearings)
All applicable time frames for the Commission to recommend on the tentative par^°! e,�
#a, map application specified by the Subdivision Nlap Act, the Subdivision Code, or other
relevant law, may be extended by mutuai consent of the subdivider and the Commission.
After a reGGFRrneRdatiGR has been made by the GommissioR" the teRtative paFGel OF tentative
The City-Council shaft take action, after a public hearing, te- approve, approve with
conditions or deny disapprove the tentative narnel eF ter tali 'e tract map 4mitl +he time frames
esiablished by the Subdivision Map AGt or etheF relevant . All applicable time ft Fnes for the
SubdiViSiOR Map AGt, er other relevant law, may be extended by mutual GORsent 0
subdivider and the . If the City Council does not approve conditionally approve or
disapprove the tentative map within the time limits specified in this section or any authorized
extension thereof, the tentative map as filed shall be deemed to be approved insofar as it
complies with other applicable requirements of the Subdivision Map Act the Subdivision Code
and the City's Subdivision Manual and it shall be the duty of the City Clerk to certifv its
approval. All applicable time frames for the City Council to act on the tentative map application
specified by the Subdivision Map Act the Subdivision Code or other relevant law, may be
extended by mutual consent of the subdivider and the City Council
d Findings and Decision
The Councii shall record its decision in Aj?iriting with the findings upon which the decision is
based. The Council may approve an application for a tentative paFGel or tentative traGt map, with
or without conditions, supported by the findings required by Section 9323c, the Subdivision Map
Act and by the findings required by the California Environmental Quality Act. The City Council
may require, as a condition of its approval that the payment by the subdivider of all development
fees required to be paid be made at the rate for such fees in effect at the time of permit
issuance.
Fags 22
fe Post Approval Procedures
1- APPsals. The decision of the Council is Final.
2. Expirations. The approval of a tentative map shall expire thirty six (36) months after the
date of its approval or conditional approval or such other period as may be set by
Government Code Section C, automatically terminating and voiding the tentative map.
Prior to the expiration of said period or any extension -granted pursuant to this section
the subdivider shall cause the subdivision or any part thereof, to be surveyed and a
final map to be prepared in accordance with the tentative map as approved and filed in
accordance with Government Code Section 66456 et seg.
3. Extensions. The subdivider may request an extension of the expiration date of the
approved or conditionally approved tentative map by filing a written request with the
Department and payinq applicable fees as established by Council resolution The filing
of such application automatically extends the map until the extension is acted on The
Director shall determine whether sufficient evidence was provided in the aDpliGation that
there are no changing circumstances or that the subdivider has made a good faith effort
to establish the subdivision. Extension(s) not exceeding an aggregate total of 36 months
may be approved conditionally approved or disapproved No extension shall be granted
that would extend the tentative map more than six years beyond the date of the
resolution adopted by the City Council approving or conditionally approving the tentative
map. As a condition to granting an extension of time the Director or, upon appeal the
City Council may require compliance with any additional requirements deemed
necessary to carry out the spirit and intent of this Subdivision Code The period of
extension specified in this section shall be in addition to any extension authorized by
Government Code Section 66452.6(a). The subdivider may appeal the decision of the
Director if filed with the Citv Clerk within 15 calendar days of the date of the action
232- VESTING TEiNITATUE PARCEL AND VF_=STIPi_ TENTnTivEE TRACT jMAPS
a Purpose,
The purpose of this section is to ,provide for the submittal and processing of s complete
application for vesting tsntative parcel and vesting tentative ract maps for the subdivision of
land in compliance with the Subdivision Map Act, the Subdivision Code, and the City's
Subdivision Manual.
`7.- -_ =o ie
mi
fe Post Approval Procedures
1- APPsals. The decision of the Council is Final.
2. Expirations. The approval of a tentative map shall expire thirty six (36) months after the
date of its approval or conditional approval or such other period as may be set by
Government Code Section C, automatically terminating and voiding the tentative map.
Prior to the expiration of said period or any extension -granted pursuant to this section
the subdivider shall cause the subdivision or any part thereof, to be surveyed and a
final map to be prepared in accordance with the tentative map as approved and filed in
accordance with Government Code Section 66456 et seg.
3. Extensions. The subdivider may request an extension of the expiration date of the
approved or conditionally approved tentative map by filing a written request with the
Department and payinq applicable fees as established by Council resolution The filing
of such application automatically extends the map until the extension is acted on The
Director shall determine whether sufficient evidence was provided in the aDpliGation that
there are no changing circumstances or that the subdivider has made a good faith effort
to establish the subdivision. Extension(s) not exceeding an aggregate total of 36 months
may be approved conditionally approved or disapproved No extension shall be granted
that would extend the tentative map more than six years beyond the date of the
resolution adopted by the City Council approving or conditionally approving the tentative
map. As a condition to granting an extension of time the Director or, upon appeal the
City Council may require compliance with any additional requirements deemed
necessary to carry out the spirit and intent of this Subdivision Code The period of
extension specified in this section shall be in addition to any extension authorized by
Government Code Section 66452.6(a). The subdivider may appeal the decision of the
Director if filed with the Citv Clerk within 15 calendar days of the date of the action
232- VESTING TEiNITATUE PARCEL AND VF_=STIPi_ TENTnTivEE TRACT jMAPS
a Purpose,
The purpose of this section is to ,provide for the submittal and processing of s complete
application for vesting tsntative parcel and vesting tentative ract maps for the subdivision of
land in compliance with the Subdivision Map Act, the Subdivision Code, and the City's
Subdivision Manual.
Fags 23
b Applicability Filing and Processing
V11hera,vor a provision of the Subdivision Map Act or the Subdjv lion Code requires or
authorizes the filing of a tontatiyo , map, a vesting tentative parse) er
vesting te",ta= tFaGt-rna;p may be filed instead, in accordance with the provisions herein. The
filing of a vesting tentative paFGei OF vesting tentative tFaGt map, as opposed to a tentative #cast
map or paFsel -map shall not be a prerequisite to any approval for any proposed subdivision,
permit for construction, or work preparatory to construction.
paFGel or vestiRg tentative tFaGt Fnap shall be filed wwth thin epartment on GemplianGe with
932!.G (AppliGatiGR Filing and F=ees)-.
Except as provided in this section a vesting tentative map shall be filed in the same form and
have the same contents, accompanying data and reports and shall be processed in the same
manner as set forth in Section 9323 and shall have printed conspicuously on its face the words
"Vesting Tentative Map."
map shall be Gleady and legibly drawn and sh '-' nantai.p. the information identified OR the Gity's
materials, exhibits, data or information as deerned neGessaFy to aGGOFnplish the purposes of the
SubdivisieR Map AGt and the Subdivision Code. Vesting tentative paFGel and vesting teRtative
are aGGepted as adequatt=-,
Building Gede and Gity's Grading -ar-=--e�ted as adequate;
easements 6 aGGepted as adeq- --te by the Gity EngiReeF. Said title report shall be
updated every six (6) nw)nthct the date E)f the GFigiRaI submittal URW-final ar.tsn—n
the appliGation is takeR;
ERViFenmeRtal Quality AGt have been GeFtified or adopted, 5. All fees and/or deposits have been submitted and aGGepted.
Vesting tentative paFGeI and vesting teRtative traGt maps shall be Gensidered by
Commission and GGURGOI OR GGrnpliaRGe with 9321.b (AwthoFity for Subdivision DeGisiens), with a
GOFnpl*anGe with the Subdivision Code shall be submitted GenGurrently with all applOG'ations
for other n �ty approvals faF the development.
EaGh appliGatien shall be aRalyzed by the DepaFtment to ensure that the prope
subdmvir,*GR is GORsistent with the FequiremeRts of the Subdivision Map AGt, Subdivision Gode,
,
Page 24
A.
TWO
impose GOnditions deemed ReGessary to ensuFe that the approval will be GOmplianGe with the
The Go, ipnil
of all development fees required to be paid be made at th rate r,,---
time of permit ic�c„ r1
N
f Post pppFev I DrOGe duFes
2. Time Fixtensions. Time ext - �R GGMpliaRGe with 9321.h (Time
wmthiR the established time frame, and a time extensien is not , the vesting
gL_ Rights of a Vesting Tentative Map
1. Subiect to the time limits established by Section 9323 of this Code The- the_approval
conditional approval of a vesting tentative map shall conifer a
vested right to proceed ),Ajith development in substantial compliance yvith the ordinances,
policies, and standards as described in Section 66474.2 of the Subdivision Map Act_.
However, if Section 53 ,474.2 is repealed, the approval of a vesting tentative aarGel er
•es4ng -map shall confer a Nested right to proceed vkjith development in
substantial compliance with the ordinances, policies, and standards in effect at the time
the vesting tentative paFGel or yestingtentative craG. map is approved or conditionally
approved.
2. A permit, approval, extension, or entitlement sought after approval of a vesting tentative
map may be conditioned or denied if any of the
following are determined:
(a) A failure to do so would place the residents of the subdivision or the immediate
community, or both, in a condition dangerous to their health or safety, or both; or
Page 25
(b) The condition or denial is required to comply with state or federal
3. The rights referred to herein shall expire if a final map is not approved prior to the
expiration of the vesting tentative p. FGe! or ten.ta+ +-� Gt -map. lithe final map is
approved, these rights shall last for the folloviing ,periods of dime:
(a) An initial time period of one (1) year beyond the recording of the final sel trap er
ffl tract -malp. When several final maps are recorded on various phases of a project
covered by a single vesting tentative earGel or vesting ten+ tive +r map, thm -the
one (1) year initial time period shall begin for each phase when the final map for that
Phase is recorded. All of the said final arGel n,uNs or fcr,,,,�., + maps must be
recorded within the time period set forth in Section g3214!�-3_f. Time Extension .
(.:...- ,._ Post
Approval Procedures) or the vesting tentative paFG cr .,ectin^ +on +., +,. + + map
approval shall expire for those parcels Tor which final maps
are not timely recorded.
(b) The one (1) year initial time period shall be automatically extended by any time used
for processing a complete application for a grading permit or for design review, if the
Ume used by the City to process the application exceeds tk*ty430}3O calendar days
from the date that a complete application is filed. At any time prior to the expirationl
of the one (1) year initial Le p , i the subdivider may apply for a one -year
extension. The Director shall approve conditionally approve or deny the request
The subdivider may appeal the decision of the Director, if filed with the City Clerk
within 15 calendar days of the date of the action
(c) if the subdivider submits a complete application for a building permit prior to the
expiration of the vesting tentative i y-t°" o_ map, the rights
referred to herein shall continue until the expiration of that permit, or any extension of
that permit.
An approved vesting tentative ��rrn� ^r „o�t� ^^ +�,,g R +map squall not Ilimit the City from
imposing reasonable conditions on subsequent required approvals or permits necessary
for the development in accordance with subdivision (g))q -(2) of this section.
2325 R NAL MAPS
a Purpose
The purpose of this section is to provide for the submittal and processing of final passel and
final tra maps in compliance with Subdivision ✓lap ,pct and the Subdivision Code.
b Requirements
An application for a final par^or,,, l OF f ^al +tr, map may ailed with the Department in
compliance v,Aiith 9321.c (�appllcation Filing and Fees). The final �aFGel eF final traGt map shaii be
prepared in a manner acceptable to she City Engineer and shall be prepared by a registeFed Gffiva
shall contain the
information identified in the Professional Land Surveyor's Act Subdivision Map Act tip
Subdivision Code and the City's Subdivision Manual, unless waived by the Sity
Enn�rgin Director. IR addition to the Rermal full size plan submittal, the aPPFGved version of a'!
Page 26
in addition, Winal paFGel or final traGt map submittals shall be accampanisd by the `following
data and reports. The Director, City Engineer or City Attorney may also require additional
materials, exhibits, data or information as deemed necessary to accomplish the purposes of the
Subdivision Map Ache,_ Subdivision Code, and Subdivision Manuai. Final map
2pp0ocations sha00 be determined to be complete by the Directors, only
vjhen the follov�jing actions have been completed:
1. Applications Forms. AN necessary application forms, materials and exhibits identified in
the City's Subdivision ,Manual (,,,ciuding a formal "Owner's Consent" form nog established
by the PUb"G Works DeparFrAeeRt /Engineering I'l
� are accepted by the Department
as adeg4atecq lete,
2. improvement Plans. The subdivider has either completed the required improvements or
,d into an agreement with the City committing to do the required improvements as
required by Section 9332 (Improvements) of this code and by conditions of the tentative
parnei nr tentative }tma
3. Title Report. A -The subdivider has submitted a certificate of title a policy of title
insurance, or title guarantee +itl Feport issued by a title company authorized by the laws
of the State to write the same showing the names of all persons having any record title
interest in the land to be subdivided together with the nature of their respective interests
therein legal owners and aRy ennU Fnbr nGes and e e, s accepted as adequate by
the City EngineerDepartment. Said title report shall be current within three (3) weeks of
the submittal of the final map and be updated every six (8) months from the date of the
original submittal until final action on the application is talon;
4. Survey. Final Maps shall be based on a field survey in conformity with the Professional
Land Surveyor's Act. The survey of the land to be subdivided shall be made by a
registered civil engineer authorized to practice land surveying or licensed land surveyor.
All monuments, property lines centerlines of streets alleys and easements adjoining or
within the subdivision shall be tied into the survey. The allowable error of closure on an
portion of the final map shall not exceed 1/10 000 for field closures and 1/20 000 for
calculated closures.
At the time of making the survey for the final map the engineer or surveyor shall set
sufficient durable monuments to conform with the standards described in Section 8771
of the Business and Professions Code so that another engineer or surveyor may readil
retrace the survey. At least one (1) exterior boundary line shall be monumented prior to
recording the final map Other monuments shall be set prior to recording as required by
the City Engineer.
- Tax Certificate. A The subdivider has submitted a certificate from the County Tax
Collector stating that 0 taxes or special assessments collected as taxes due have been
paid or that a tax bond or other adequate form of security assuring payment of all taxes
Page 27
or special assessments a�vhich are a Hen but not yet payable has been filed with the
County;
55-6, Deeds Dedications and Easements All dedications or
easements have been made by certificate on the final map unless use of a separate_
instrument for such dedication has been approved by the City Engineer. Deeds for off -
site easements or rights -of -way required for road or drainage purposes vjhich have not
been dedicated on the final rights of entry or permanent easements across private
property outside of the subdivision permitting or granting access to perform necessary
construction �jvorUk and permitting the main�snance of the facility have been accepted as
adequate;
Closures. Traverse closures for the boundary blocks, lots, easements,
street centerlines and monument lines have been accepted as adequate;
__Governing Documents. For a common interest development within the meaning
of Sections 1356 at seq. of the State Civil Code, conditions and restrictions containing
the provisions described in Section 1353 of the Civil Code, and all other governing
documents for the subdivision as are appropriate pursuant to Section 1363 of the Civil
Code have been provided. All subdivisions other than a common interest development
shall include any Dosclaradon of Covenants, Conditions and Restrictions proposed in
connection therewith. All documents shall be subject to revjse,x and approval by the
Director of Community Devsiopment and City Attorney;
- __ Guarantee of Title. A guarantee of title, in a form acceptable Ito the City Attorney,
has been issued by a compotent °title company to and for the benefit and protection of
the City, which shail be maintainer] complete up to the instant of recording of the final
map, guaranteeing that tho names of all ,persons v ho consent is necessary to pass a
clear title to the land 'being subdivided, and all public easements being offered for
dedications, and all acknoAvn ledgements thereto, appear on the proper certificates and
are correctly shcgm on the map, both as to consents as to °the making thereof and
affudavjls of dedication 1jjhere necessary;
-
-.Improvement Agreement. In the event seer, �,,vater, drainage, grading, paving,
or other required improvements have not been complo'ted prior to the ;presentation of the
final map, an agreement has been filed for the improvement thereof and accepted as
adequate;
11. For any tract map that proposes a subdivision of 500 or more residential dwelling units
the subdivider shall provide the City with a written verification of a "Sufficient Water
Supply" as that term is defined in Section 66473.7 of the Subdivision Map Act from the
applicable public water utility provider, or that the proposed subdivision is exempted by
Section 66473.7(1) of the Subdivision Map Act from providing said verification
12. Prior to recordation of a final map street names shall be identified and approved by the
Director in accordance with the Subdivision Manual.
13. In addition to the normal full size plan submittal the approved version of all final maps
shall be submitted in computer aided design and drafting (CADD) format consistent with
CADD conventions and guidelines established by the Citv Engineer.
Page 28
-�_ Liability Agreement and insurance. A hold - harmless agreement obligating the
subdivider to hold the Ginty and its officers, agents and employees harmless from any
liability for darnages or claims "for damages for personal injury or death to any person,
and for injury to property 1jvhich arise from the operations of the subdivider and /or the
subdivider's subcontractors in connection �, ,\jdth the subdivision has been oiled and
accepted by the City. A certificate of insurance reporting to the City the amount of
insuranoe the subdivider carries for the subdividers' o�,vn liability for damages or claims
for damages for personal injury or death to any person, and for injury to property �xhich
arise from the operations of the subdivider or subcontractors in connection �,Judth the
subdivision naming the City as an additional insured has been filed and accepted by the
City. The agreement and certificate required by this subsection shall be subject to prior
review and approval by the City Engineer and City Attorney;
44--15. -.-Fees and Deposits. AN fees and /or deposits have been submitted and accepted;
and
?1E
-,.--Corrections. Any and all corrections and/or additlons to the final map have been
made and are acceptable to the City (Engineer.
c Multiple Final Maps
4Multiple final maps relating to an approved or conditionally approved tentative �afGe# -Or
a�e� map may be filed prior to the expiration of the tentative map if the subdivider, at
the time the tentative map application is filed, notifies the Director of Community Development in
writing of the subdivider's intention 'to file multiple final maps on the tentative map. do providing
the notice, the subdivider shall not be regUired to define the number or configuration of the
proposed multiple maps. If the subdivider did not provide written notice of its intent to file
mudtdpde final maps at the time of the tentative map application vms filed, multiple final maps may
only be filed 'yvith the concurrence of the Director..( he right of the subdivider to file multiple final
maps shall not limit the City's authority to impose reasonable conditions relating to the filing of
rnuitipie maps. Each final map which constitutes a part, or unit, of the approved or conditionaddy
approved tentative map shall have a separate subdivision number. The subdivision
improvement agreement executed by the subdivider shall provide for the construction of
improvements as required to constitute a logical and orcderdy development of the ,!ahoia
subdivision.
d Application Processing Review and Approval
Each application shall be analyzed by the Department to ensure that the application is
consistent with the purpose and intent of the Subdivision kp Act _ Lthe Subdivision Code,
the Subdivision Manual, and any conditions of approval of the tentative map. Upon
determination of a complete final parser or traGt -ma , Department
shall fePyar-d the m } }or to the G,,,,,,A,. i ThP GO-Poil the Director shall take aslien te-- approve;
or derfy- disapprove the final parser or tr-ast map within the time frames
established by the Subdivision Map Act.
The geunnif Director slash record its the decision in writing with the findings upon which the
decision is based. The GounGil shall approve the final map if the 'te . An Proposed
Page 29
approval shall be based upon a findingfin& that the final reap is in substantjal compliance with
the requirements of the Subdivision Map Act, the Subdivision Code, the tentative parcel -e
+o;,±� t;Gtmap and all conditions thereof.
if the GE)URGil approves In conjunction with Director approval of a final map, it-the City
Engineer shall apse --have the authority to accept, accept subject to improvement, or reject any
offer of de�llcation. '�, if at
the time the final map is approved, any streets, paths, alleys, public utility easements, rights -of-
way for local transit facilities, or storm drainage easements are not accepted by the Ge-nd'City
Engineer, the offer of dedication shall remain open and the --GUAGil -City Engineer may-by
resGlutiop-adopted at any later date, and ,Aiithout furthsr action by the subdivider, rescind 4s --the
action and accept and open the streets, paths, aileys, rights of- vway for local transit facilities, or
storm drainage easements, which acceptance shall be recorded in the office of the County
Recorder.
The City Engineer may -is also- authorized to_ accept any dedications lying outside the
subdivision boundary which requires a separate grant deed. The acceptance shall be recorded
in the office of the County Recorder.
Post Approval (Procedures
I . City Engineer Signature. The subdivider shall submit to the City Engineer the original
tracing of the -map and any duplicates per County requirements, corrected to its finial
form and signed by all parties required to execute the certificates on the map. Original
signatures shall appear on the original draining and on the blueiine duplicate. Upon
receipt of all required certificates and submittals, the City Engineer shall sign the
appropriate certificates and transmit the original map to the City CierhCounty Recorder.
2. Filing �jajjth the County Recorder. Upon approval of tIhe final map by the Ge,ms+IDirector,
and signature by the City Engineer, the City Clerk shall execute the appropriate
certificats on the certificate sheet and shall, subject to the provisions of Section 55 ,464 of
the Subdivision w1ap Act, transmit the map, or have an authorized agent forward the
map, to the County Recorder. After recordation of the final map the subdivider shall
forward one electronic copy in PDF (portable document format) of the recorded final map
to the City Engineer.
Page 30
9326 REVERSION TO AL CfFREAGE
a PuTpcse
The PurPcse Of this section is to provide for the submittal and processing of subdivided
Property reverted to acreage pursuant tc the provisions of SeGtiOR 66499.11 et seq. of the
Subdivision Map Act ands the Subdivision Cole, and the Subdivision Manual. This section shall
appl y to final rnaps.
Subdivisions may also be merged and resubdivided without reverting to acreage pursuant to
Section 66499.20- 162 of the Subdivision jMap Act and the Subdivision Code.
b lni`tiation of Proceedings
�— Proceedings to reverl subdivided Property to acreage may be initiated by ,resolution of
the Gity (.;ouncii or with the submission of a formal petition-of by all of the
owners of record of the property. The petition 440 in :4 form preGGFibed by the G4
Engineer, The petition shall GGntain the infen:natie'r Fequired by the Gitys-suhajos-nn
and any other information d -Gity EngineeF to
-- - -- -
10 --
C intentsts Gf D, - GtitionApplicability and Requirements
A complete application shall be submitted to the Department that shall contain the
information required by the City's Subdivision Manual and any other information deemed
necessary by the Director or City Engineer to initiate and conduct the proceedings In addition
be l2m6ted to, the . failo ntain, or be aGGempanied by, but not
NOON-
Page 31
4
d Application Processing
An--A complete aPPlication for a raversion to acreage shall be scheduled for a public hearing
before the Council following receipt of a recommendation on the matter by the Planninca
Commission Noticing of the
public hearing will be given in compliance with 9321.- g_(Public Hearings).
e Findings and Decision
The Council shall record its decision in Writing with the findings upon �,Ajhich the decision is
based. The Council may approve the reversion to acreage, �xjth or ,,Y�jit'hout conditions, supported
b ,the findings required by Section 66499.16 of the Subdivision Map Act. The Council shall
require as conditions of the reversion:
Dedication or offers of dedication for streets, public rights- of -1xay or easements
necessary to accomplish the Purposes Of the Subdivision Code;
2. The retention of all or a portion of previously paid subdivision fees, deposits or
improvement securities if the same are necessary to accomplish any of ,the purposes or
provisions of the Subdivision a ]ap Act or the Subdivision Code; and,
3. Such other conditions as are necessary to accomplish the purposes or provisions of the
Subdivision ii\ilap Act or the Subdivision Code or necessary to protect the public health,
safety or �'Ajel°fare.
f
Post Approval Procedures
Cite Engineer Signature. The subdivider shall submit to the Cite ngineer �t'he original
tracing of the map and any duplicates per County requirements, corrected to its final
form and signed by all ,parties required to execute the certificates on the map. Original
signatures shall appear on the original drawing and on the blue line duplicate. Upon
receipt of all required certificates and submittals, the City Engineer shall sign the
appropriate certificates and transmit the original maP to the City Clerk. VIAihen reversion
bec'Omes eufecti'va, ail fees and deposits not retained per Section 9326.e (Findings and
Decision) rest be returned.
2. F iling vjith the County Recorder. Upon approval of the final map by the Council, and
signature by the City Engineer, the City Clerk shall sxscute the appropriate certificate on
the certificate sheet and shall, subject to the provisions of Section 66 ,464 of the
,Subdivision jAi�lap Act, transmit the map, or have an authorized agent fonuard the map, to
the County Recorder.
- -
4
d Application Processing
An--A complete aPPlication for a raversion to acreage shall be scheduled for a public hearing
before the Council following receipt of a recommendation on the matter by the Planninca
Commission Noticing of the
public hearing will be given in compliance with 9321.- g_(Public Hearings).
e Findings and Decision
The Council shall record its decision in Writing with the findings upon �,Ajhich the decision is
based. The Council may approve the reversion to acreage, �xjth or ,,Y�jit'hout conditions, supported
b ,the findings required by Section 66499.16 of the Subdivision Map Act. The Council shall
require as conditions of the reversion:
Dedication or offers of dedication for streets, public rights- of -1xay or easements
necessary to accomplish the Purposes Of the Subdivision Code;
2. The retention of all or a portion of previously paid subdivision fees, deposits or
improvement securities if the same are necessary to accomplish any of ,the purposes or
provisions of the Subdivision a ]ap Act or the Subdivision Code; and,
3. Such other conditions as are necessary to accomplish the purposes or provisions of the
Subdivision ii\ilap Act or the Subdivision Code or necessary to protect the public health,
safety or �'Ajel°fare.
f
Post Approval Procedures
Cite Engineer Signature. The subdivider shall submit to the Cite ngineer �t'he original
tracing of the map and any duplicates per County requirements, corrected to its final
form and signed by all ,parties required to execute the certificates on the map. Original
signatures shall appear on the original drawing and on the blue line duplicate. Upon
receipt of all required certificates and submittals, the City Engineer shall sign the
appropriate certificates and transmit the original maP to the City Clerk. VIAihen reversion
bec'Omes eufecti'va, ail fees and deposits not retained per Section 9326.e (Findings and
Decision) rest be returned.
2. F iling vjith the County Recorder. Upon approval of the final map by the Council, and
signature by the City Engineer, the City Clerk shall sxscute the appropriate certificate on
the certificate sheet and shall, subject to the provisions of Section 66 ,464 of the
,Subdivision jAi�lap Act, transmit the map, or have an authorized agent fonuard the map, to
the County Recorder.
Page 32
2327 (PARCEL CIE iRGERS
a Purpose
The purpose ®� this section is to provide for the submittal and processing of a complete
AP-21 icu parcels to be merged in accordance v4th the Subdivision jA✓li ap Act, aed -the
Subdivision Code -zind the City's Subdivision Manua..
b Applicability
Except as provided in Section 63451.11 -(A) through (E) of `the Subdivision Nlap Act, t�jajo
or more contiguous parcels or units of land held by the same oWner may be merged, if any
one of the parcels or units of land does not conform to the minimum parcel or lot size required
by the City's Zoning Code and that the merger is otherwise consistent with the purposes of the
Subdivision Code the Zoning Code and the
requirements are satisfied: general Plan, and if all of the following
I . At least one (1 ) of the affected parcels or units of land is undeveloped with any structure
For Ailihich a buliding permit vi�jas issued or for �,/ajhich a building permit �,ljas not required at
the tide of construction, or is developed only ajkjith an accessory structure or accessory
structures, or is developed vji-th a singie structure other than an accessory structure
Which is also partially sited on a contiguous parcel or unit of land.
2. �A,4th respect to any affected parcel or unit of land, one (1) or more of the follo�jjing
conditions exists:
(a) The parcel comprises less than five thousand (5,000) square feet in area at the time
of the determination of merger,
(b) The parcel Naas not created in compliance �jNjith applicable laws and ordinances in
effect at the time of its creation;
(c) The parcel does not meet current standards for sewage disposal and domestic 1, /kmtor
supply;
(d) The parcel does not meet slope stability standards;
(e�
The parcel has no legal access ?,xhich is adequate for vehicular and safety equipment
access and maneuverability;
(t) The parcel's developmen t would create health or safety hazards; or,
(g) The ,parcel is inconsistent with the General Plan, Zoning Code and any applicable
Specific plan, other than minimum lot size or density standards.
3. The o�,,kjner of the affected parcels has been notified of the merger proposal pursuant to
Section 33 ,451.13 of the Subdivision Map Act, and is afforded the opportunity for a
hearing pursuant to Section 63451.14 of the Subdivision Nlap Act. For purposes of
determining whather contiguous parcels are held by the same o1jainer, ovmarship shall be
determined as of the date that the .notice of intention to determine status is recorded in
compliance with 9327. (Notice of lntention to Determine Status). Subsectlon 2 shall
Page 33
not apply if any of the conditions stated in Section 33451.11(b)(A), , or I
through (E) of the Subdivision Nlap Act exist.
4. The lot to be created by the merger shall conform to the minimum requirements set forth
in the City's zoning provisions
c Parcel Mergers Initiated by the City
GI 'Notice of intention to Determine Status
Prior to recording a notice of merger, a notice of intention to determine status shall be
prepared by the Director and delivered to the current mAiner of record by certified mail,
unless the requirement for notice rias been waived by the owner pursuant to 9327b3.
The notice shall state that the affected parcels or units of land may be merged pursuant
to she Subdivision Code and that, within thirty (30) calendar days from the date the
notice of intention vkjas recorded, the oviner may request a hearing before the Manning
Commission to present evidence that the property does not meet the criteria for merger.
The Notice of intention to Determine Status shall be filed with the County Recorder by
the Director on the same clay that the notice is mailed to the properly owner.
G12. Gearing on Determination of Status
The mAimer of the affected property may file a written request for hearing
by the Manning Commission 1Ykjithin thirty (39) ,-alendar days after recording of the notice
of intention to determine status. Upon receipt of the request, the Department shall set a
time, date and place for consideration by the Planning Commission and notify the mAiner
Of such hearing by certified mail. The Planning Commission shall consider the matter
within sixty (30) calendar_days follo,/kjing the receipt of the ol,',Jner's request, or may be
postponed or continued by mutual consent of the Director and the property mill er.
The (Manning Commission shall ,provide the property owner AAjith an opportunity to
present any evidence thas the affected ,property does not meet the requirements for
merger specified in the Subdivision Code.
After consideration of the avidence presented, the planning Commission shall determine
whether the affected parcels are to be merged or are not to be merged and shall notify
the owner o °f'the determination.
mailed to the property owner within five (5) days of the date of the Commission's aG4GS-.
Q. Determination of Merger
If the Planning Commission makes a determination that the parcels are to be merged,
the Director shall notify the owner in writing by certified mail and a notice of merger shall
be filed sled with the County Recorder by the Director within thirty (30) calendar days of the
conclusion of the Commission's action, unless the decision has been appealed in
compliance � ,A9ith 9327.E (Appeal). The notice of merger shall specify the name of the
record owner and a description of the property. The notice of merger under the
Subdivision Code shall be in a form approved by the Director ;prior to being filed for
record a,Avith the County Recorder.
Page 34
if the Planning Commission makes a determination that the parcels shall not be merged,
a release of the notice of intention to determine status shall be filed with the County
Recorder by the Director within thirty (30) calendar days after the Commission's
determination, unless the decision has been appealed in compliance with 9327.e
LAppeai and a clearance, l�ut -r shall be delivered to the owner by certified mail.
94 Determination Vftan No Hearing is Requested
If the owner does not file a request for a hearing pursuant to 9327b3wi +h;{g)
J KIT-FaRTIOR TO -, the Director --i-7
a gnytim° f`after-,shall make a determination that the parcels are or are not to be'
merged. If they are to be merged, a notice of merger shall be filed _unless the decision
has been appealed in compliance with 9327.e (Appeal) with the County Recorder by the
Director within ninety (90) calendar days after the mailing of the n6tice of intention to
determine status in compliance with 9327c1 (Notice of Intention to Determine Status).
hd R que to "4er-geParcel Mergers Initiated by the Property Owner
If the merger of contiguous parcels or units of land is initiated by the record owner, the
owner may waive in writing the right for consideration by the Planning Commission and to all
notices required by the Subdivision Code. Upon receipt of such waiver, the Director shall make
a determination that the parcels are or are not to be merged. If they are to be me e_g_ the
Director shall simultaneously file with the County Recorder a notice of intention to determine
status, the waiver of right of hearing and notice, and a nonce of merger.
e Appeal
The decision of the Director or Planning Commission shall be considered final unless an
appeal is filed in compliance with 9321 h (Appeals)
9328 CGRR CTi ON AND AMENDMENT OF MAPS
a A- Tentative Martel er Tentative Tray ✓laps
prior ,to final trasf -er a�e map approval, the City or the subdivider may request mine
amendments to the approved tentative parGel or tentative }�Tmap, including vesting tentative
maps, or conditions of approval_ The Director shall determine whether a proposed amendment
is a substantial or a minor amendment
1. _Substantial Changes Proposed to an Approved Tentative Map
Substantial changes proposed to an approved tentative map shall only be permitted
upon the filing and City Council approval of a new tentative map as specified in the
Subdivision Map Act and the Subdivision Code
Page 35
2. Changes in Conditions of Approval Minor Corrections and Amendments to an
Approved Tentative Mar)
Changes in conditions of approval and minor corrections and amendments to an
approved tentative map may be approved by the Director upon the filing of an
application and paying applicable fees, as established by Council resolution by the
di)AdGr „r .,� . artmeRi' -s ewe +tiative, provided that:
a-:a. __No lots, units, or building sitos or structures are add-ad;
2 b. The changes are consistent ljyRh the intent and spirit of the on &ai ,ten°tati ve map
approval; and
There are no resulting violations of the Tustin General Flan, Zoning Code, and
applicable Specific Plan, the Subdivision Code, or the Subdivision Map Act. -ate
--- Aw, --4- -L -II Lv_ .s - _ _ � _ . ..
i
A correction or amendment of a map shall be indicated on the tentative map. An
approval of a request for minor corrections and amendment shall root alter the
expiration date of the tentative PaFGel or tFa map unless an application for extension is
concurrently approved,
b Final apsMaps
I. After a final trasf sr- parset -ma,o is filed in the office of true County Recorder, it the mar)
may be amended by a certificate of correction or an amending map +9F the purposes
for any of the followinq purposes:
La) To correct an error in any course or distance shown thereon; or
(b) To show, any course or distance that was omitted there from; or
(c) To correct an error in the description of the real property shown on the map or
(d) To indicate monuments set after the death disability, retirement from practice or
replacement of the engineer or surveyor charged with responsibilities for setting
monuments, or
(e) To show the proper location or character of any monument which has been changed
in location or character, or originally was shown at the wrong location or incorrectly
as to its character; or
(f) To correct any additional information filed or recorded pursuant to Section 66434.2 of
the Subdivision Map Act, if the correction does not impose any additional burden on
the Present fee owners of the real property and does not alter any right title or
interest in the real property reflected on the recorded map; or
Page 36
(g) To correct any other type of map error or omission as approved by the County
Surveyor or City Engineer that does not affect any property right including but not
limited to, lot numbers acreage street names and identification of adjacent record_
maps. As used herein "error" does not include changes in courses or distances
from which an error is not ascertainable from the data shown on the final map; or
(h) To modify conditions of approval if the Director finds that:
(1) There are changes in circumstances which make any or all of the conditions of
such map no longer appropriate or necessary:
2 The modifications do not im ose an additional burden on the present fee owner
of the property;
3 The modifications do not alter any right, title or interest in the real property
reflected on the recorded map; and
(4) The map as modified conforms to the required findings of approval specified in
Section 9323c of this code
2. The amending maip or certifca °to „ =oi correction shall be preparod by a registorod civil
ongineor or licensed land surveyor. The form and contents of the amending map shall
conform to the requirements of the Subdivision Map Act Subdivision Code and the
City's Subdivision Manual. The amending map or certificate of correction shall sot forth
in detail the corrections wade and show the names of the present fee owners of the
property affected by the correction on the date of the filing or recording of the original
recorded map. The City Engineer shall examine the amending map or certificate of
correction within twenty 20 working days of submittal for compliance with the provisions
of the Subdivision Map Act, Subdivision Code and the City's Subdivision Manual and
shall either certify it and file it with the office of the County Recorder or return it with a
written statement of the changes necessary to make it conform to the requirements of
the Subdivision Map Act, Subdivision Code or the City's Subdivision Manual If the
resubmitted corrections are approved the City Engineer shall have ten (10) working
days to present it to the County Recorder for recordation
3. Ay'lodifications made pursuant to Section 9328b1(h) this s6lbse ti shall be set for public
hearing before the Council consistent with the noticing provisions of 9321 .- g-(Public
Hearings). The hearing by ,the Council shall be confined to consideration of, and action
on, the proposed modification. Modifications identified in Section 9328bl (a) through (q)
shall be reviewed and certified by the City Engineer.
4. The -Upon filing of the amending map or certificate of correction seFtified by the City
Engineer,4a h° f,d;n the P-
UPOR SUGh filing, the County
Recorder shall index she names of the fee owners and the appropriate subdivision
designation shoaAjn on the amencii:ng map or certificate of correction in the general index
' - -
- --
-
2. The amending maip or certifca °to „ =oi correction shall be preparod by a registorod civil
ongineor or licensed land surveyor. The form and contents of the amending map shall
conform to the requirements of the Subdivision Map Act Subdivision Code and the
City's Subdivision Manual. The amending map or certificate of correction shall sot forth
in detail the corrections wade and show the names of the present fee owners of the
property affected by the correction on the date of the filing or recording of the original
recorded map. The City Engineer shall examine the amending map or certificate of
correction within twenty 20 working days of submittal for compliance with the provisions
of the Subdivision Map Act, Subdivision Code and the City's Subdivision Manual and
shall either certify it and file it with the office of the County Recorder or return it with a
written statement of the changes necessary to make it conform to the requirements of
the Subdivision Map Act, Subdivision Code or the City's Subdivision Manual If the
resubmitted corrections are approved the City Engineer shall have ten (10) working
days to present it to the County Recorder for recordation
3. Ay'lodifications made pursuant to Section 9328b1(h) this s6lbse ti shall be set for public
hearing before the Council consistent with the noticing provisions of 9321 .- g-(Public
Hearings). The hearing by ,the Council shall be confined to consideration of, and action
on, the proposed modification. Modifications identified in Section 9328bl (a) through (q)
shall be reviewed and certified by the City Engineer.
4. The -Upon filing of the amending map or certificate of correction seFtified by the City
Engineer,4a h° f,d;n the P-
UPOR SUGh filing, the County
Recorder shall index she names of the fee owners and the appropriate subdivision
designation shoaAjn on the amencii:ng map or certificate of correction in the general index
Page 37
and map index, respectively. Thereafter, the original map shall be doemod to have been
conclusively so corrected, anal thereafter shall impart constrUctNfo notice of all such
corrections in the same manner as though set forth upon the original map.
9331 DEEDIC J I N]S, RTE---SERNJA MMOMS INM DEVELOPNI TI T FEES
Dedication of S'troets, Alleys, Bicycle Paths and Other Public Rights- of -vjay or Lasemonts
To be consistent viith the Circulation Element of the General Plan and to the Extent
permitted by Law, the subdivider may be required, as a condition of approval of a tentative map,
to dedicate or make an irrevocable offer of dedication of
J property both on and off site required for public use or b including but not limited to
streets and alleys (including access rights), drainage, public greonways, parks, bicycle paths,
trails, scenic easements, public utility easements, local transit facilities as provided in Section
66476.2 of the Subdivision Nlap Act, and other public easements. in addition, the subdivider
may also be required to improve or agree to improve all streets and alleys, including access
rights, drainage, public greemn>ays, bicycle paths, trails, public UtilKyy easements, and other
public easements. lmprovements shall be made in accordance with 9332 (Improvements).
b VA12i'lor of (Direct Access !Rights
The City may require as a condltion of approval of a tentative map that dedications or offers
of dedication of streets include a ?xaiver of direct access rights to and such street from any
property viithin or abutting the subdivision. Upon acceptance of the dedication, such salver shall
become effective in accordance �,nji°t'h its provisions.
c [Dedications /Fee Me
All dedications of property to the City for public purposes shall be made in fee ,title, except
that, in the City's discretion, a grant of an easement may be accepted for the follmi'viing
purposes: !Open space easements, scenic easements or public utility easements. All
dedications in foe and grants of easements shall be free of liens and encumbrances except for
those �,Vhich the Olt , in its discretion, determines vio,uld not conflict �,,�jitVh the intended oAjvnership
and use. The OitY may elect to accept an irrevocable offer of dedica °lion in lion of dedication of
foe title.
d Parldand Dedication
To implement the Conservation/Open Space /Recreation Element of the General 'Plan which
contains policies and standards for parks and recreational facilities, the subdivider shall
dedicate land or pay a fee in ilou thereof, or a combination of both, at the option of the City
(except as otherjise provided in Government Code Section 66477�,�-', for the purpose of
developing new or rehabilitating existing neighborhood or community parrs and recreational
facilities to serve the subdivision, and in accordance with the standards and formula contained
in this section.
Page 38
I. General Provisions
(a) Applicabiilty. The provisions of 'this section shall be applicable to the division of real
property defined "subdivision" by Section 66424 of the Subdivision N12p Act.
(b) E=eptions. Park land dedications or fogs in lieu thereof shall not be required for'the
follo "Aging:
(1) Industrial subdivisions.
(2) Commercial subdivisions.
(3) Condominium projects or stock Cooperatives in an existing apartment building
which is more than five (5) years old and no nsmj& dviellin0 units are added.
(4) Subdivisions containing less khan five (5) parcels and not used for residential
purposes.
(c) VIVaiver. ParMand dedication fees may be 'waived by the City Council in its discretion
upon the submission and approval of agreements for specific projects designed and
guaranteed for lmju income, senior and handicapped citizen occupants.
2. Standards and formUa for land dedication:
(a) The public interest, convenience, health, kivelfare, and safely requaire 'tha°t three (3)
acres of usable park land per one thousand (1,000) potential popWafion be devoted
to Iocai park and recreational purposes.
(b) A✓AJhen the requirements of this section are complied with solely on the basis of the
dedication of parMand, the minimum amount of land to be provided shall be
computed by muRiplying the number of proposed 6welling units by the parkland
acres per dvjelling unit in accordance �'Vith the appropriate density classification in the
folloviing tabie:
oiJir� 1�ru6 s Average Person's per Parkland Acres
Per Gross Acre D ei�inq Unk, _ Per U��ellinq Unit
0 -7 3.2-530
G0980102
7.1-15
2.385
15.1-25
.9982-0086
067
W.e gel ieMobile home
-b
Parks
Source: Tws'fln Gpnpr,-io Pl-oT -nnri o
_2.4-524
2.4 -524
—
. .80 659650006;
These density ranges, average ,person per &,/kielling unit and/or parkland acreage per
d1,Arelling unit shall be used to achieve a parM,-@nd dedication rase of three (3) acres of
parldand oer one thousand (1,000) -S� o .
,persons ��nl��s alternates d�n�ity ranges, average
Persons per dlvus ling unit and/or parldand acreage par &/k✓elling mitt are established in an
adopted Specific Plan adopted in compliance with Government Code Section 65450 et
seq., Disposition and 'Development Agreement in compliance Ajiik9ith California Community
Redevelopment La1gij, or other agreement.
Page 39
3. Fees in lieu of dedication
VNhon there is no public park or roc,eational facility required �suithin the proposed
subdivision, the subdivision is loss than fifth Z50) parcels, or the project is a conversion of
an existing apartment compiox to multiple- oviner occupancy not exempted herein, the
subdivider shall pay a park fee, on a per unit basis, reflecting the value of land required
for park purposes. The valuo of the amount of such fas shall be based upon the fair
market value of the amount of land which would otherwise be required for dedication.
i he fair market value shall be determined by a Master Appraisal Institute (MbNMA1)
appraiser acceptable to the City and at the expense of the d°% Tsubdiyider; and the
determination shall consider the value of a buildable acre of land at the time the final
map is to be recorded, as if otherwise the land �,njould be fully deti�eio,ped to the
residential density sho�jljn on the tentative map for vihich the fees are required. If
more than one (1) year elapses betvisen the appraisal and recording of °the final map,
the City will require that a new appraisal be prepared at the expense of the
.rsubdivider. For purposes of this section, the determination of fair market value
of a buildable acre shall consider, but not noc -essarily be limited to, the approval of and
conditions of the tentativ-e subdivision map, the G -eneral Flan, zoning, property location,
Off-street improvements facilitating use of the property, and site characteristics of the
property.
U a subdivider objects to the fair Market value as determined by the NIN appraiser, an
appeal may be made to the Manning Commission. The subdivider shall have the burden
OF proof in contesting the appraised value.
Nothing in this section shall prohibit the dedication and acceptance of iand for park and
recreation purposes in subdivisions of fifty (50) parcels or less, vihoro the subdivider
proposes such dedication voluntarily and the dedication and land is acceptable to the
U �;ouncil.
For subdivisions in -excess of fifty (50) parcels, the P-lanndRg Commission ity Council
may elect to receive a fee in lieu of land dedication. The value of the amount of such fee
shall be based Ripon the °fair marXet value of the amount of land vihich �,Ajould otherwise
be required for dedication as determined above.
Not'sjithstanding the foregoing, dedication of lane] may be required by the City for a
condominium, stoc,� cooperative, or community apartment project ,Ajhich exceeds fifty
(50) d��✓eliling units, regardless of the number of parcels.
A. Combination of dedication and fe -es
VAlhenever the requirements of this section are complied vwith by both the s
i � � provision of
parkland and the payment of a park fee, the amount of the park ,fee shall be computed
by doZormining the required amount of parvIdand in accordance �f /ajith the provision of
subsection and subtracting the amount of parkland actually provided. The
remainder shall be converted to "fee" on a per unit basis in accordance with the
provisions of subsection
Page 40
5. Credit for private open space
V�Ihere private open space for parUk and recreational purposes is provided in a proposed
subdivision and such space is to be privately ov?7ned and maintained by the future
residents of the subdivision, such areas may be credited against the requirement for
dedication of parkland, as provided for in subsection dd.2, ,provided the PlaRniR9
GGFAmis-s+aoCit Counc: finds it is in the pubiic interest to do so, and that all of the
following standards are suet:
Ta That yards, court areas, setbacks and other open areas required to be maintained b y
the zoning and building regulations shall not be includdsd in the computadon of such
private open space;
(b) T hat the private ovunership and maintenance of the open space is adsquatei
provided for by livritten agreement;
(c) That the use of the private opera space is restricted for park and recreational
purposes by recorded covenants v,,vNch run with the land in favor of the
,p future ovkjners
of property vAthin the &a€ -- subdivision and which cannot be defeated or bluminated
vAjithout the consent of the Ar °^ q G ^mmi sieR or City Council;
(d) 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, incduddindg provisions for bicyclists, and location of the
private open space land;
�e) The facilities proposed for the open space are in substantiai accordance v "9ith the
provision of the Recreational Element of the General Plan, and are approved by the
' City Council;
�f) That the open space for vNch one hundred (100) percent credit is given is a
minimum of one (1) acre and provides at least one (1) of the park basic elements
listed below, or a combination of such and other recreation improvements that will
meet the specific recreation needs of future residents of the area:
(1) "Recreational opera spaces" 'v�jhich are generally defined as park areas for active
recreation pursuits such as soccer, baseball, softball, and football, and have at
least one (1) acre of maintained turf with less than five (5) percent slope.
(2) "Court areas" vihich are generally defined as tennis courts, badminton courts,
shuffleboard courts, or similar hard - surfaced areas especially designed and
3- 9clusively used for court games.
(3) "Recreational swimming areas" vkihich are defined] 0enerally as fenced areas
devoted primarily to svAmming, diving, or both. They must also include decks,
lawned area, bathhouses, or other facilities developed and used exclusively for
swimming and diving and consisting of no less than fifteen (15) square feet of
water surface area for each three (3) percent of the population of the subdivision
with a minimum of eight hundred (800) square Meet of mater surface area per
POOL together 1jAh an adjacent deck and/or lain area bMce that of the pool.
Page 42
(4) "Recreation buildings and facilities°° which means facilities designed and prirruaril
used for the recreational needs of residents of the development. Fartial credit
may be mj''iarded for sites which do not incorporate the required basic elements
or are less than one (1) acre when deemed beneficiai to the community by the
City Council.
Because private common areas meet only a portion of resident needs, the computed
credit value shall not exceed twenty -five (25) percent of the othorajise required public
land dedication or in Ilea fees.
The determination of the '
Ci
Council is final.
6. Credit for public park and recreational facility improvements.
(a) A subdivider may elsot to provide improvements to land dedicated for ,public spark or
recreational use when a combination of fees and dedications are required. The
City Counc; may credit the value of the improvements together
with any equipment located thereon against the payment of fees or dedication of land
required herein.
(b) Credit shall not be allowed for single - purpose commercial recreation facilities
^lhether dedicated to the public or in private o�y�jnership.
7. Choice of land dedication, improvement, fees, or co mbination.
(a) procedure. The procedure for determining 1,iihother the subdivider is to dedicate,
improve, PET a fee, or combination of methods shall be as foliovis:
(1) At the time of filing a tentative tract -map °for approval, °tihe S UbdMder of the
property shall, as a part of such filing, indicate vihethor the subdivider desires to
dedicate property for parr and recreational ;purposes, improve the parldand, pa y
a fee in lieu thereof, or a combination of the foregoing. if the subdivider desires to
dedicate land for this purpose, the subdivider shall designate the area thereof in
the tentative reap as submitted.
(2) At the time of the tentative map approval, the Planning Comm inmCity
Counc shall determine as a part of such approval, whether to require a
dedication of land �grjitNn ths, subdivision, Payment of a fee in lieu thereof, accept
improvement, or a combination of such methods.
(3) VVMhere dedication is required, it shall be accomplished in accordance with the
provision of the Subdivision wlap Act, Subdivision Code and Subdivision iUianual.
V✓IIhere fees are required, the same shall be deposited with the City prior to the
ap',proMal of the final -awe ee rnaip. Open space covenants for private park
or recreational facilities shall be sub pitted to the City prior to approval of the final
map and shall be recorded contemporaneously �,�jith the flnal map.
Page 42
(b) Determination. When land is proposed to be dedicated, the -I' g
Go"�� , sienCity Council shall determine the appropriateness of the le nd Io be
'Y�.,
dedicated based upon the folicAjAiing:
�1) The conssrvation / open Space ;recreation !dement of the City's General Galan;
and
(2) The topography, geology, access and location of land in the subdivision available
for dedication; and
(3) Size and shape of the subdivision and land available for dedication. The
e
improved, eF any Gambination theFeef, shall be final
9324.q (Appeal ,` pMvid �,�6nln no event, may the dedications, amount of
fees or value of improvements exceed the subdivider's dedicariion requirements
as set forth in Section 9331.d.2 (Standards and Formulaz for Land Dedication)
Ufln Sss the subdivider voluntarily agrees. On subdivisions involving fifty (50) lots
or less, only the payments of fees shall be required. Che determination of the
City Council is final
S. Responsibilities and Enforcement
(a) It is the responsibility of each property o?ljner 1jajho ,proposes to crease residentiai
building sites to provide an equitable .portion of parklands as required by this Code.
Dedications for the provision of parklands and/or the ;payment of fees shall
commence at the earliost possible instance of iand development planning. Where
parkland is to be provided, such provisions shall be included, vlhere applicable, in
zone changes, planned community texts and development plans, tentative and final
tract -maps, dwFsiG and conditional use permits.
(b) It is the duty of the Director of sM�4nit -S Parks and Recreation to verify
that the requirements of this part are complied with and to notify all interested
parties and agencies of such compliance.
(c) l't is the duty of the Director of CommLinity :DSDYBlo,pment to enforce the provisions of
this part that are applicable to the issuance of a 'building permit.
(d) The Director of Cs Parks and Recreatic shall prepare a schedule
for approval by the Planning Ge &iGncitv Council, specifying how and when it
will use the land or fees, or both, to develop park and recreation facilities. Gees shall
be d with five (5) years of coulection.
(e)
Any required in -lieu fees for residential
development shall be paid on the date of final inspection or certificate of occupancy,
whichever occurs first The City may require fees to be paid at the time of building
permit issuance for non - residential development and on residential development
other than low income housing described in Government Code section 66007(b)(2))
if the fees will be used to construct a public improvement for which the City has
Page 43
establish_ ed an account the City Council has authorized expenditures from the
account and the City has adopted a proposed construction schedule or to reimburse
itself for funds already spent on the improvement
9. Urnitation of use of land and fees.
The Dared and fees receivjed under this section shall be used only for the purpose of
providing park and rocroational facilities to servo tho area from which received, and the
location of the land and amount of fees shall boar a reasonable relationship to the use of
the park and recreational facilities by the future inhabitants of the subdivision, the
community, and the general area from �jAjhich it is received.
o Reser rations
1. General
d - @sod on the General Plan, or applicable specific plan, as a condition of approval of a
tentative map, the subdivider may be required to 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 this section.
2. Standards for Reservation of 'hand
VAlhore a park, recreational facility, fire station, library, or other public use is shown on
the General Plan or an adopted specific plan, the subdivider may be required by the City
to reserve sites as so determined by 'tho City in accordance �jljith the ,policies and
standards contained in the General Galan or the adopted specific plan. The reserved area
must be of such size and shape as to permit the balance of the property v ithin ljv�hich the
reservation is located to develop in an orderly and efficient manner.
The amount of land to be resenjad shall not make development of the remaining land
held 'by the subdivider economically infeasible. The reserved area shall be consistent
�,Ivith the General Galan or the adopted specific 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.
3. Procedure
The public agency for 1,?jhose benefit an area has been reserved shall, , the time of
approvai of the final reap or pawed reap, enter into a binding agreement to acquire such
rosenied area �uvithin t k�o (2) years after the completion and acceptance of ail
improvements, unless (he period of time is extended by .lie LArec'tor up& , mutual
agreement.
4. Payment to Subdivider
The purchase price for the resenjod area shall be the market value thereof at the time of
the filing of the tentative map plUs °she taxes against the reserved area from the date of
the reservation and any other costs incurred by the subdivider in tine maintenance of the
reserved area, including interest costs incurred on any loan cohering the reserved area.
Page -4
5. Termination
if the public ageno for ?whose benefit an area has been reserved does not enter into a
binding agreement in accordance ? ,Ajth this section, the reservation of the area shall
ausomatically terminate.
f Local Transit Facilities
As a condition of approval of a tentative map, the subdivider may be required to dedicate, or
make an irrevocable offer of dedication, of land within the subdivision for local transit facilities
such as shelters, benches, bus turnouts, landing pads, park - and -ride facilities, and similar items
?/,kjhuch directly benefit the residents of the subdiv lion, if (a) the subdivision as shmiin on the
tentative reap has the potential for two hundred (266) d1,Ajelling units or more if developed to the
ma,,dmum density shoijAJn on the general plan or contains one 'hundred (166) acres or more, and
(b) if the City finds that transit services are or will, ixuthin a reasonable time period, be made
available to the subdivision. The irrevocable of w . , ay be terminaLJ as provided in
subdivisions (c) and (d) of Section 66477.2 of the Subdivision Map act
The Provisions of this seGNOA do not appi Only the payment of fees in lieu of the dedication
of land may be required in subdivisions that consist of the subdivision of airspace in existing
buildings AG-into condominium protects, or-stock cooperatives, or community apartment
proiects, as those terms are defined in Section 1651 of the Civil Code whiGh GGRSiSt of the
subdivision of airsp aGe in.an existing apartment building whiGh 48 rneremthan five (5) Years old
when no Jded.
g (Bridges and Major Thoroughfares
PUrpose. The purpose of this section, is to establish provisions for assessing and
collecting fees as a condition of approval of a final reap or prior to issuing a building
permit for the purpose of defraying the actual or estimated cost of constructing bridges
or major thoroughfares pursuant to Section 66,18-4 of the Subdivision Ni]ap Act, and in
order to implement the Circulation 80 -meni of the General Plan and, in the case of
bridges, the transportation provisions thereof.
2. Definitions. For the purpose of this section, the folloivving livords and phrases shall have
the following meanings:
(a) "Construction" shall mean design, acquisition of right- of- is \jay, administration of
construction contracts, actual construction and inspections.
(b) °'N ajor thoroughfare'° shall mean a roadviay as shmiim on the !Circulation dement of
t'he general Flan viihose primary purpose is to carry through traffic and provide a
netis�jork connecting to the state highviay system.
6. Payment of Fees Generally
(a) Prlor to filing a final reap 1,ajhich includes land within an area of benefit established
pursuant to this division, the subdivider shall pay or cause to be paid any fees
established and apportloned to such property pursuant to this section for the purpose
of defraying the actual or estimated cost of constructing bridges over i�9ater�y��a�s,
raiKJRJ2Ys, free10aas or Canyons or constructing major thoroughfares.
Page 45
(b) At the time a building permit is issued for construction on any property 1Jui'thin an area
of benefit established pursuant to this section, the applicant for such permit shall pay
or cause to be paid any fees established and apportioned pursuant to this section for
the purpose of defraying the actual or estimated cost of constructing bridges over
IjAjatonjslays, raihji3ays, fres�vljays or canyons or constructing major thoroughfares,
unless such fees have been paid pursuant to subsection (c)(1) of this section.
(c) Notljljithstanding the provisions of subsections 3(a) and 3(b) o` 'this section:
(1) Payment of bridge fees shall not be required unless the planned bridge facility is
an original 'bridge serving the area or an addition to any existing bridge facility
serving the area at the time of acdoptlon of the boundaries of the area of benefit.
(2) "ayment of major thoroughfare fees shall not be required unless the major
thoroughfares are in addition to, or a reconstruction of, any existing major
thoroughfares serving the area at the time of the adoption of the area of benefit.
4. Consideration in Lieu of Fees. Upon application by °the subdivider or applicant for a
building permit, the City Council may accept consideration in lieu of the payment of fees
required pursuant to this section; prodded that the City Council first finds, upon
recommendation of the City Engineer, that the substitute consideration has a value
equal to or greater than the fee; and provided further °that the substitute consideration is
in a form acceptable-to the City Council.
5. Public Hearing. Frior to establishing an area of benefit, a public hearing shall be held by
the City Council at �jlvhdch time-the boundaries of the area of benefit, tho costs, whether
actual or estimated, and a fair method of allocation of costs to the area of benefit and fee
apportionment, and the fee to be collected, shall be established. �No'dce of the public
hearing shall be given consistent AjMth the provisions of Government Code Section
35091 and shall include preliminary information related to the boundaries of the
area of benefit, estdmated cost and the method of fee apportionment.
5. Amount. The amount of fees and the areas of benefit established pursuant tc this
section may be established by resolutdon of the Gity Council.
7. Exemptions. No'hiMthstanding the provisions of subsection 5, payment of such fees shall
not be required for:
(a) The use, alteration or enlargement of an existing building or structure or the erection
of one (1) or more buildings or structures accessory thereto, or both, on the same lot
or parcel of lan " ; provided that the total value, as determined by the Building Official,
of all such alteration, enlargement or construction completed 1A]dthin any one (1' year
period does not exceed one-half (1/2) of the current market value, as determined by
the Building Official, of all e'cisting buildings on such lot or parcel of land, and the
alteration or enlargement of the building is not such as to change its classification of
occupancy as defined by applicable sections of the Uniform- ;akforni Building Code.
(b) The follmikiing accessory buildings and structures: private garages, children's
playhouses, radio and television receiving antennas, windmills, silos, tank houses,
Pags 45
shops, barns, coops and other buildings 'vAihich are accessory to one (1 ) family or tlfvo
(2 )Family &Ajelliings.
S. Protest
(a) At any time not later than the hour set for hearing objections to the proposed bridge
facility or major improvement, any person may file a protest against the proposed
bridge facility or major thoroughfare or against the e�tan't of the area to be benefitted
by the improvements or against both of them. Such protests must be in lJwiting and
MUM contain a description of the property in yvhich each signer thereof is interested,
sufficient to identify such property, and, if the signers are not shoe /im on the last
equalized assessment roll as the o1jkiners of such property, must contain or be
accompanied by �Yvritten evidence that such signers are the o vners of such property.
Ali such protests shall be delivered to the City Clary and no other such protests shall
be considered. Any protest may be 1sjithdra1,Aln, in viriting, by the muners ma,�ing such
protests, at any time prior to the conclusion of the pubiic hearing.
(b) lF there is a aj,jritten protest filed with the City Clark by the mAiners of more than one -
half ( 1f2) of the area of the property to be benefitted by the improvement, and
sufficient protests are not withdrawn so as to reduce the area represented to less
than one -half ( 142) of that to be benefitted, then the proposed proceedings shall be
abandoned, unless by a four- fifths vote of all the members of the City Council the
prop esi � dl be overruled: and the City Council shall not, for one (1) year from the
filing of that written protest, commence or carry on any proceedings for the same
improvement, or that portion thereof so protested) against, under the provisions of
this section.
h Supplemental improvement Capacity
As a condition of approval of a tentative map, there may be imposed a requirement that
improvements installed by the subdivider for the benefit of the subdivision contain
supplemental size, capacity, number or length for the benefit of property not �vajlthin the
subdivision and that those improvements be dedicated to the public. FVjaiever, �jjhen
such supplemental sire capacity, number or length is solely for the benefit of property
not within the subdivision, the Cite shall, subject to tho provisions of Sections 66466 and
66487 of the Subdivision ✓!lap Act, enter into an agreement �,Mth the subdivider to
reimburse the subdivider for that portion of the cost of such improvements equal to the
difference betAiAjeen the amount it eivould have cost the subdivider to install such
improvements to serve the subdivision only and the actual cost of such improvements.
2. The City Council shall determine the method for payment of the costs required by a
reimbursement agreement, 'vlv'hich method may include, but shall not be flmited to, the
follm,xing:
(a) The collection From other persons, including public agencies, using such
improvements for the benefit of real property not 1iaiithjn the subdivision, of a
reasonable charge for such use.
(b) The contribution to the subdivider of that part of that cost of t' s im Prove ment(s) 'that
is attributablo to the benefit of real property outside the subdivision and the levy of a
charge upon the real) property benefitted to reimburse the City for such costs,
together vjith interest thereon, if any, paid to the subdivider,
Page 47
(c) The establishment and maintenance of local benefit districts for the lovy and
collection of such charge or costs from the property bansfitted.
3. Nlo charge, area of benefit or local benefit district shall be established unless and until a
public hearing is noticed and held thereon by the City Council in accordance ?�Jith the
provisions of Government Cole Section 65091 and the City Council finds that the
charge, area of benefit or local bens-fit district is reasonably related to the cost of such
supplemental improvements and the actual ultimate beneficiaries thereof.
A. in addition to the notice required by Government Code Section 65091, written notice of
the hearing shall be given to those vjho mvNin property vjithin the proposed area of benefit
as shmiAin on the last equalized assessment roil, and the ,potential users of the
supplemental improvements insofar as they can be ascertained at the tims.
Drainage Fees [Reserved
Solar Access Easements JReserved]
k interim acs� Schooi Facilifles
I. Authority, Purpose and lntent
(a) This section is enacted pursuant to the authority of Section 65970 at seq. of the
Government Code for the purpose of providing interim school facilities to alleviate
conditions of overcrowding caused by nevu residential development.
2. (Reservedl
3. Action by School Distridts. The governing body of An--an affected School District(s) may,
frorn time to time, adopt a deGlaFatien of imp notice of findings and file the same with
the City Clerk for consideration by the City Council that makes both of the following
findings supported by clear and convincing evidence-
(a) That conditions of overcrowding exist in one or more attendance areas within the
district which will impair the normal functioning of educational programs including the
reason for the existence of those conditions.
(b) That all reasonable methods of mitigating conditions of overcrowding have been
evaluated and no feasible method for reducing those conditions exists
Page 48
The notice of findings shall specify the mitigation measures considered by the school
district, including a completed application to the Office of Public School Construction for
Preliminary determination of eligibility under the Leroy F Greene State School Building
Lease- Purchase Law of 1976, and include a schedule for land use of fees required by
Section 65976 of the Government Code
4.--Ac-don by City Council. The notice of findings one 1Tsr MGFe SGheel diStFiGts and the
schedule for land use of fees shall be made available to the public for 60 calendar days
after the date of receipt by the City
Followinq the completion of the public review period but not later than 150 calendar days
of the receipt of the notice of findings and schedule for land use of fees _the City Council
shall, if it Gone rirs either concur or not concur, or may extend the period to concur or not
to concur for one 30 -day period. Failure to act within the prescribed time period shall not
be deemed as an act of City Council concurrence in the notice of findings If it concurs
in the notice of findings the City Council shall not approve an ordinance rezoning
Property to a residential use grant a discretionary permit for residential use or approve
a tentative subdivision map for residential purposes unless the City Council makes one
of the following findings '
appr-eval of, or order the appFelariate , , employee OF GGFnFniSGiGR within the City t-G
withheld approval , new Fesidential development w4hin the attendanGe area of the
(a) That there are specific overriding fiscal economic social or environmental factors
which in the 'ud ment of the City Council would benefit the City, thereby iustifying the
approval of a residential development; or,
(b) That the dedication of land the payment of fees in lieu thereof, or a combination of
both, for classroom and related facilities for elementary or high schools are being
required as a condition to the approval of a residential development in accordance
with the provisions of Section 65974 of the Government Code
I 12A The decision concerning whether to require the dedication of land, payment of
fees of an appropriate combination shall be determinsd after consultation �,Jvith the
aufacted school district(s) concerning the needs of the school district(s) as they relate to
the impacted school or schools.
The amount Of any gee shall be in accordance with the provisions of Chapter 4.9
(commencing ^pith Secalon 65995) of the Government Code, and shall be prescribed by
rosolution of the City Councii, and shall be collected at the time of issuance of a building
permit.
5. Use of Fees and Land - accounting
— • e — Will
I 12A The decision concerning whether to require the dedication of land, payment of
fees of an appropriate combination shall be determinsd after consultation �,Jvith the
aufacted school district(s) concerning the needs of the school district(s) as they relate to
the impacted school or schools.
The amount Of any gee shall be in accordance with the provisions of Chapter 4.9
(commencing ^pith Secalon 65995) of the Government Code, and shall be prescribed by
rosolution of the City Councii, and shall be collected at the time of issuance of a building
permit.
5. Use of Fees and Land - accounting
Page 49
�2) The school districts shall use the land andlor fees solely to alleviate the conditions of
overcrmfaiding Vlithin the affected attendance area.
(b) The school districts shall annually provide to the City Council the report required
by Section 65978 of the Governmonst Code. If the report has not been filed as required
there shall be a waiver of any Pefiorrmance of the payment of fees or the dedication of
land. If it is determined that overcrowding conditions no longer exist or the period of
time for the dedication of land or the payment of fees has been completed, the City of
Tustin shall cease levying any fee or requiring the dedication of any land pursuant to the
Subdivision Map Act Subdivision Code and Subdivision Manual
6 City's Right to Disapprove Development or Require Other Fees. Nothing in this
section shall be construed to limit the right of the City to disapprove new residential
development for any lavvful reason, including, but not limited to, the impact that such
development may have on a school or schools 1jajithin the school districts which cannot
be aHsvia,ted by the provisions of this soction.
Permanent Classroom Facilities
The City may not require, as a condition of approN/al of a tentativo snap for a residential
subdivision, dedication of land or payment of in -lieu fees or a combination of both in order to
provide permanent facilities for school purposes. Nothing in this chapter is intended as a
limitation on the school districts' authority to directly levy a fee, charge, dedication or other form
Of requirement against any development project, pursuant to Section 53086 of the Government
Code, in order to provide temporary and permanent facilities for school purposes.
m Reimbursement to a Telephone Corporation or Cable Television System for Undergroundiing
or (Relocation.
VA1henever tlhe City imposes as a condition to its approval Of a tentative;l+ap- er- e`parsel- man
a requirement that necessitates replacing, undergrounding, or permanently or temporarily
relocating e,, isting facilities of a telephone corporation or cable television system, the subdivider
shall reimburse the telephone corporation or cable television system for all costs for the
replacement, undergrounding, or relocation. Gill of these costs shall be billad to the subdivider
directly by the telephone corporation or cable television system after they are incurred, and shaii
include a credit for any required advance payments and for the salvage value of any facilities
replaced. In no event shall the 'telephone corporation or cable television system be reimbursed
for costs incurred in excess of the cost to replace the facilities with substantially similar facilities.
In no event shall °tho City be obligated to pay such reimbursement.
a General
The subdivider shall construct all required improvements, both on and off-site, in
accordance �jnjath the standard engineering specifications and other approved standards as
provides] by this chapter and by the City Council's resolution or resolutions establishing such
standards.
Page 5;D
P'\10 final reap shall be approved by the Director until the
subdivider either completes the required improvements, or enters into an agreement with the
City agreeing to do the work.
b Required Improvements
General. Ali improvements as may be required as conditions of approval of the tentative
map or by City ordinance or resolution, together �s�ith, but not limited to, the required
improvements set forth 'belmiki shall be required of all subdivisions. Requirements for
construotion of on -site and off -site improvements for subdivisions of four (4) or less
parcels shall be noted in the ,parcel map, or II'Miver of parcel map or the subdivision
improvement agreement recorded ,prior to or concurrent she parcel map. Completion
of improvements shall be in accordance �,?Ath 9332A (Completion of lmproyements ).
2. Frontage Improvements. The frontage of each lot shall be improved to Its ultimate
adopted geometric section, including street structural section, curbs, sidevialks, drivevj2y
approaches and transitions.
3. Storm Drainage. Storm ?jvater runoff from the subdivision shall be collected and
conveyed by an approved storm drain system. The storm drain system shall be designed
for ultimate development of the watershed and shall be capable of collecting and
conveying runoff generated by a 100 year flood. The storm drain system shall provide for
the protection of abutting and off -site properties that viould be adversely affected by any
increase in runoff attributed to the development. Off-site storm drain improvements may
be required to satisfy this requirement.
4. Sanitary Sel�Ajors. Each unit or lot 1ljithin the subdivision shall be served by an approved
sanitary semJer system in accordance �,,Mth the applicable provisions of this Code.
5. utilities. Each unit or lot NiMthin the subdivision shall be seined by gas, electric, telephone
and cablevision facilities.
S. Underground Utilities. The provisions of this Subsection are in addition to, and not a
substitute for other underground provisions of this Code.
(a� All existing and proposed utilities 1 'Alithin the subdivision and along peripheral streets
small be placed underground ex" -pt( those facilities exempted by Pu'bli'c t,9tilities
Commission regulations. Undergrounding shall be required for overhead lines on
either side of peripheral streets.
(b) The develepersubdivider may request that the undergrounding requirement along
peripheral streets be waived. The City Engineer may, at it-,his or her discretion,
accept a fee in lieu of the undergrounding. lie -an} URt of the fee be
determined by the City Engineer d h l� upon a determination that the amount
w
of the fee is based upon the reasonable estimated cost of that portion of a future
undergrounding project attributable to the subdivision. The requirement for
undergrounding or payment of an in -lieu fee shall be a condition of approval of the
tentative map. Any failure to include said condition shall not be deemed as an act of
the City Council to waive the requirement except as provided in Section 9332b6(c)
Page 51
(c) Undsrgrounding requirements may be �,/kjaived or modified by the City CoLjncil only
upon finding:
(1) The subdivision is vAjithin an area IjN'here e dating Utilities have net been
undergrounded and that deferral vniill be afowed since undergrounding is
impractical d ue to physical constraints, or 'the surrounding neighborhood is
absent of similar improvements; and
(2) Overhead utilities wili have no significant visual impact.
(d) If the undargrounding requirements are waivad as allovied by findings (c)(1) and (2)
above, the in -l°a a fee as established by the City Engineer shall be made a condition
of approval of the tentative map.
(e) In -lieu fees shall be deposited in a special undergrounding account to be used as
approved by the City COLMcil for future undargrounding of utilities throughout the
City.
7. Fencing. Each parcel or let vjithin the subd'ovision that is adjacent to property containing
a public facility shall have an approved fence or wall adequate to prevent unauthorized
access betvlieen properties.
B. Other Improvements. Other improvements including, but net limited to, grading, street
lights, traffic signals, fire hydrants, signs, street lines and markings, street trees and
shrubs, landscaping, monuments, bicycle facilities and fences, or fees in lieu of any of
the foregoing, shall also be required as determined by the City Engineer in accordance
1,M,th this Code, the General Man and the City standards and specifications.
�. ®fi -Site lmprovements. if the subdivider is required to construct off -site improvements on
land in which neither the subdivider nor the City has sufficient title or interest to allover
construction, the City shall, �n3ithin one 'hundred tvienty (120) calendar days of recording
the final map, acquire by negotiation or commence condemnation of the land. I�
� the pity
fails to moet the one hundred °ttiva>enty (120) glenda_r_day time limit, the condition for the
construction shall be Njuaived. "rior to approval of the final reap, the City may require the
subdivider to enter into an agreement to complete the off -site improvements at the time
the City acquires title or an interest in the land.
The subdivider shall pay the cost of acquiring off -site land or an interest in the land
required to construct the of -site improvements.
c Deferred Improvement Agreements
Subdivisions of Four (4) of mess !parcels. The frontage improvements along peripheral
streets may be deferred ?jljhen deemed necessary by the City Engineer. Vl /hen
improvements are deferred, the subdivider andlor the owner of the real property shall
enter into an agreement with the City, in dorm acceptable to the City Engineer and City
Attorney, for the installation of all frontage improvements at a time in the future specified
''y+�-" 144ty in the agreement. The agreement shall provide for the follm,,,gong:
Page 52
(a) Construction of improvements shall commence vjithin ninety (90) dais o�`
the receipt of the notice to proceed from the City and shall be computed �,Ml� n the'
time specified by Section 9310.199332k. .
(b) That in the event of a default by the subdivider and or miAmer, the City is authorized to
cause construction to be done and charge the entire cost and expense to the
subdivider andlor o�jvner, inciuding interest from the date of notice of said cost and
expense until paid.
(c) That the agreement shall be recorded Aj,�Mh the County Recorder at the expense of
the subdivider and/or mjAmer and shall constitute notice to all successors and assigns
of titie to the roai property of the obligations set forth therein, and shall also constitute
a lien in such amount necessary to fully reimburse the City, including interest as
provided above, subject to Foreclosure in the event of a default in payment.
(d) That in event of litigation occasioned by any default of the subdivider and/or o,,wner,
the subdivider and /or oAjAjner agree to pay all costs incurred by the City,
successfully enfo� I the obligation, including reasonable attorney 's fees, and that
the same shall become a part of the lien against the real property.
(e) The tens "subdivider" and 'ViAiner" shall include, respecVveiy, not only the
subdivider and the present ovainer of the real property but also heirs, successors,
eXooutor3, administrators and assigns thereof, it 'being the intent of the parties that
the obNg2tions undertaken shall run tijiikiit'h the real property and constitute a lien
against K.
(f) Any other improvement security as required by Section 934-9�93 9332h.
(g) And other provisions rewired by the City as reasonably necessary to effectuate the
purposes and provisions of the Subdivision Mao Act and this Code.
The agreement shall not rel°oeve the subdivider or o),Ajner from any other specific
requirements of the Subdivision vlap Act, this Code or la�,Aj. The construction of deferred
improvements shall conform to the provisions of this chapter and all applicable articles of
this code in effect at the time of construction.
2. Remainders. VAlhers a remainder is !made part of a final or passel -map, the subdivider
may enter into an agreement the City to construct improvements v ithin the
remainder at some future date and prior to the issuance of a permit or other grant of
approval for she development of a remainder. The improvements shall be at the
subdivider °s expense. in the absence of such an agreement, the City may rewire
fulfillment of the construction requirements within a reasonable time ffollovijing approval of
the final OF ParGel map and prior to the issuance of a ,permit or other grant of approval for
the development of the remainder, upon Minding t'hat fuftullment of the construction
requirements is necessary for reasons of:
(a) The public health and safety, or
(b) The required construction is a necessary prerequisite to the orderly development of
the surrounding area.
Page 53
d Design
I. General. The design and layout of all regaaired improvements, both on -site and offsite,
private and public, shall con "Orm to generally accepted engineering standards, standard
engjneoring specifications, and Subdivision N]ap Act and applicable provisions of this
code.
2. EneFOY Conservation. The design of a subdivision for v hic'h a tentative map is requjred
shall provide, to the extent feasible, for future passive or natural heating or cooling
opportunities in the subdivision.
«;samples of passive or natural heating opportunities in subdivision design include
design of lot size and configuration to permit orientation OF a structure in an east -vest
alignment for southern eXposure and to permit orientation of a structure to tale
advantage of shade or prevailing breezes.
In providing for future passive or natural heatjng or cooling opportunities in the design of
a subdivision, consideration sell be given to locai climate, contour, configuration of the
parcel to be divided, and other design improvement requirements. The provision shall
not result in reducing allmikvable densities, or the percentage of a lot �jlvhich may be
occupied by a building or structure under applicable planning and zoning in force at the
time the tentative map is filed.
The requirements of this subsection do not apply to condominium projects which consist
of the subdivision of airspace in an existing building and no meaty structures are added.
For the purpose of this subsection, "feasible" means capable of being accomplished in a
successful manner )xjthin a reasonable period of time, taking into account economic,
environmental, social and technological factors.
3. Cable Television Service. The design of a subdivision for lj�Nch a tentative m
map is required shall provide one (1) or more City franchised cable television systems
an opportunity to construct, install and maintain, on land identjfisd on the map as
dedicated or to be dedicated to public utility use, any equipment necessary to extend
cable television servjces to each Fes,z ?ential parcel in the subdivision.
This subsection shall not apply to the conversion of existing dwelling units to
condominiums, community apartments, or stock cooperatives.
e Access
H lots or ,car cels created shall have direct access to a public street improved to the
standards set forth in this article. Private streets shall not normally be permitted. However, if the
City Councii determines that the most logical development of the land requires that lots be
created with access to private streets, such a development may be approved. The subdivider
shall submit a development plan sho�,,\jing the alignment, Nljidth, grade, and material
specifications of any proposed public or private street, the topography and means of access to
each lot, and the drainage, se�f,\jer and 1,111ater service and fire protection for the lots served by
such private street(s). Private streets) shall be constructed in accordance viith standard
engineering specifications and any other applicable plans and specifications of she City as
approved by the lDirector of Community iDevelopment. Construction of private street(s) shall be
Page 54
completed prior to the completion of the construction and /or occupancy oaf the lots. The
subdivider shall be required to provide a feasible. method for the maintenance of such ,private
streets, ?jviNch method shall be subject to the prier approval of the Director of Community
Development
Reserved strips, or non - access at the and of streets or at the boundaries Of Subdivisions,
shall be dedioated unconditionally to the City )xhen repaired by the City.
f Improvement Glans
l n,prevemu -nt plans squall be prepared under 'the direction of and must be
signed and sealed by a registered civil engineer licensed by the State of California.
lrnprovement plans shall include, but shall not be limited to, ail improvement, required pursuant
to Section 9310.029332b. -
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MIMM
ir
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The form of ail playas shall conform to additional all requirements identified in the
Subdivision Manual and as may be established by the City Engineer. The final form of all
plans squall be approved by the City Engineer.
-
-
■
MIMM
ir
The form of ail playas shall conform to additional all requirements identified in the
Subdivision Manual and as may be established by the City Engineer. The final form of all
plans squall be approved by the City Engineer.
Page 55
3. . The plans shall shOW Gomplete plans, pFefwles and details for all
aFeas.
Approval by the Gity Engineer shall wR no way refieve the subdivider or the subdmvidei!ls
resultiRg from the design oF from any-req ons of apprOval of the tentative
map-
PON
MIN
LEI.
7g,
- - - -
- --
af-
Approval by the Gity Engineer shall wR no way refieve the subdivider or the subdmvidei!ls
resultiRg from the design oF from any-req ons of apprOval of the tentative
map-
PON
MIN
LEI.
7g,
Approval by the Gity Engineer shall wR no way refieve the subdivider or the subdmvidei!ls
resultiRg from the design oF from any-req ons of apprOval of the tentative
map-
PON
MIN
LEI.
Page 56
4. Warranty by - subdWider
5. Payment of inspeGtion fees in aGGeFdaRGe with the Cwty's FesolUtiGR.
6. Payment of in lieu fees foF undergFounding of utilities of peripheral streets.
7. Payment of planned dFainage faGility fees.
9310.08.
• Ma*ntenaRGe
--
development and payment of all reaSGRable atteFReys' fees that the Gfty
nxi nfhm - - - - --
! - - - -
-
Mr. �..N-
- -
- - Rim .
4. Warranty by - subdWider
5. Payment of inspeGtion fees in aGGeFdaRGe with the Cwty's FesolUtiGR.
6. Payment of in lieu fees foF undergFounding of utilities of peripheral streets.
7. Payment of planned dFainage faGility fees.
9310.08.
• Ma*ntenaRGe
--
development and payment of all reaSGRable atteFReys' fees that the Gfty
nxi nfhm - - - - --
Page 57
#g Improvement Security
1. Any improvement agreement, contract or act required or authorized by the Subdivision
Nlap Act or this chapter, for �jAjhich security is required, shall be secured in accordance
�,,iiith Section 65 -22 et sell. of the Subdivision Nlap Act and as provided below.
No final map or-p el-map shaft be signed by the Ciiy Engineer or recorded unA all
improvement securities required by this section have been received and approved.
2. The fora of security shall be one (1) or the combination of the folloN, ,1jing at the option and
subject to the approval of the City Engineer:
(a) Bond or bonds by one (1) or more duly authorized corporate sureties Duly
authorized--- ..: psratc -,_ a e#+es must be admitted sureties. in the form of
the bond or bands shall be in aGGeFdaRGe vAth SeGtiens , 66499.2, 66499.3
and 66499A -ef- prescribed by the Subdivision neap Act.
(b) A deposit, either with the City or a responsible escrow agent or trust company, at the
option of the City Engineer, of money or negotiable bonds of the kind approved for
securing deposits of public monies.
(c) Any other form of security, at the option of the City Engineer, as provided in Sest+eR
the Subdivision Map Act.
3. Amount of Security. A performance bore] or other security in the amount of one hundred
percent (100 %) of the total estimated construction cost to guarantee the construction or
installation of all improvements shall be required of all subdivisions. An additional
amount of *one hL. percent (4e'i Q%) of the estimated construction cost shall
be required to guarantee payment to subdivider °s contractor, subcontractors, and to
,persons furnishing labor, materials or esluipment for the construction or installation of
improvements. As a part of the obligation guaranteed by the security and in addition to
the Mull amount of the security, there shall be included costs and reasonable expenses
and fees, including attorneys' fees, incurred by the City in enforcing the obligations
secured. i he surities on the performance bond and eavment bond shall not be the
same
The estimate of improvements costs shall be as approved by the Cite Engineer and shall
provide for:
(a) Not less than five percent (5 %) nor more than ten percent (10%) of the total
construction cost for contingencies.
(b) Increase for projected inflation computed to the estimates] midpoint of construction.
(c) All utility installation costs or a certification acceptable to the City Engineer from the
Li lily company that adequate security has been deposited to ensure installation.
17-1 7V-10 NA FA TAW - - -
Pa ,s 58
&A - -- yAlzirranty Security. Upon acceptance of the subdhjision improvements by the
the subdivider shall provide security in the amount as required by the City engineer
'to guarantee the improvements against any defective v^iorl\ or labor done or deteclikis
materials used in the performance of the improvements throughout the vrarranty, period
v? hlch shall be the period of one (1 ) year follo1uing acceptance of the improvements. The
amount of the vjarmnty security shall not be isss 'than ten percent (10 %) of the cost of
,the construction of the improvements, including the cash bond which shall be retained
for the one (`) year �ivanranty period.
6:5. - Reduction in Performance Security. The City Engineer may authorize in vAjriting
the release of a portion of the security in conjunction vAjith the acceptance of the
satisfactory completion of a part of the improvements as the vAJork progresses upon
application by the subdivider, but in no case shall the security be reduced to less than
ten percent (10 %) of the total improvement security given for faithful performance. The
amount of reduction of the security shall be determined by the City Engineer; hovAjaver,
in no event shall the City Engineer authorize a release of the improvement security
vihich would reduce security tc an amount :beloNu that required to guarantee the
completion of the improvements and any other obligation imposed by the Subdivision
Map Act, this cede or the improvement agreement.
'release of lmprovement Security
(a) The performance security shall be released only upon acceptance of the
improvements by the City Engineer and when an approved vAiarranty security has
been filed vAJth the City Engineer. If a �,A9armnty security is not submitted, performance
security shall be released twelve (12) months after acceptance of improvements and
correction of all vklarranty deficiencies.
(b) Security given to secure payment to the contractor, subcontractors and to persons
furnishing labor, materials or equipment may, six (5) months after the completion and
acceptance of N,- improliements by the City n, ineer, be reduced to an amount
equal to one hundred tvienty -five percent (125 %) of the amount of all claims
therefor filed Ai�jith the Cite. The balance of the security shall be released upon the
settlement of all claims and obligations for v,xNch the security vajas given.
(c) The ki arranty security shall be released upon satisfactory completion of the vjuarranty
period, provided;
(`Il) All deficiencies appearing on the vA92rranty deficiency lost for the subdivision have
been corrected.
(2) Not less than twelve (12) months have elapsed since the acceptance of the
improvements by the Cit� 7-ngineer.
+h [Reserved]
Construction and Inspection
The construction methods and materials for all improvements shall conform to the standard
engineering specifications and all other standard plans and specifications of the City.
Page 5'9
Construction shall not commence until all required improvement plans have been approved.
Al improvements are subject to inspection in accordance vjith the City's approved
specifications.
;_ completion of improvements
1. Subdivisions of G=ive or (More Parcels. Tj he improvements for subdivisions of !dive (5) or
more parcels shall be completed by the subdivider within 'NAis ve (12) months, or such
later time as approved by the City Engineer, not to excood thirty -six (36) months, ffrom
the recording of the final map, unless an extension is granted by the City Council.
Should the subdivider Mail o complete the improvements 1,uithin the specified time, the
City may, by resolution of the City Council and at its option, cause any or all
uncompleted improvements to be completed and the parties executing the security or
securities shall be firmly bound for the payment of all necessary costs.
2. Subdivision of ;=cur or Less Parcels, The completion of improvements for subdivisions of
`four (4) or less parcels shall not be required until a permit or other grant of approval for
the development of any parcel 1sjithin the subdivision is applied for. The completion of the
improvements may be required by a specified date by the City �jAjhen the completion of
the improvements are found to be necessary for the public health or safety or for the
orderly development off the surrounding area. This finding shall be made by the City
Engineer or authorized representative. The specified date, when required, shall be
stated in the subdivision improvement agreement. Improvements shall be completed
prior to final building inspection or occupancy Of any unit �, ,Ajithin the subdivision.
3. Extensions. The completion date may be extended by the City Council upon Niwitten
request by the subdivider and the submittal of adequate evidence to justify the
extension. The request shall be made not less than thirty (30) calendar days prior to
expiration of the subdivision improvement agreement.
The subdivider shall enter into a subdivision improvement agreement extension ykjith the
City.
In consideration of a subdivision improvement agreement extension, the following may
be required:
(a) Revision of improvement plans to provide for current design and construction
standards ai /N9hen required by the City Engineer;
(b) devised improvement construction estimates to reflect current improvement costs as
approved by the City Engineer;
(c) increase of improvement securities in accordance with revGsed construction
estimates;
(d) lnspection fees may be increased to reflect current construction costs but shall not
be subject to any decrease or refund.
Page 50
The City Council may impose additional requirements as recommended by the City
Engineer or as it may deem necessary as a condition to appro \ring anytime extension
for the completion of impro�✓emeo113.
The costs incurred by the City in processing the agreement shall be paid by the
subdivider at actual cost plus NAjanty -five percent (25 %) of such cost for overhead
expenses.
4. ads -BuHt JQlans. Revisions for as- built dmvjs ngs are to be made in the Engineering
Division offices. The subdivider or engineering rep rase ntative may request duplicate
mylars for the subdivider s use.
Acceptance of Public Improvements
1. V''Vith respect to all subdivisions, � ,/ /kjhen all improvement deficiencies have been corrected
and as -built improvamant plans submitted, the completed subdivision
improvements shall be considered by the City Engineer for acceptance. Acceptance of
the improvements shall imply only that the improvements have been completed
satisfactorily and that pubiiic improvamants hays- been accepted for public use.
2. Acceptance. If the subdivision improvements have been accepted by the City Engineer
and public improvements have been dedicated on the final map sr- parcel -map, the My
Clerk shall file an acceptance of public improvements �svith the County Recorder.
3. Acceptance of a portion of the Improvements. VAlhen requested by the subdivider in
writing, the City Engineer may consider acceptance of a portion of the improvements.
Such improvements be accepted by the City Engineer only if the City Engineer finds
that it is in the public interest to do so and such improvements are for the use of the
general public.
Acceptance of a portion of the improvements shall not relieve the subdjv der from any
other requirements imposed by this article.
9333 'E INFORCEMENT
a P-rohibitionGeneral
_ _
_
Page 61
heirs, any law, inGludiRq the Subdivision Code, regulafing the design and improvement 0
subdivic6i.ons on effed at the time the subdivision war, establis ed
I Any deed Of GonveyanGe, alte
or r-,n-.n.t-.raGt to sell real whiGh has been divided,
.
whiGh has resulted from a d4vismon,
property -Gr
n of the of the Subdivision Map
AGt the Subdivismon Code as
vaelatmen provisions
vowdable at the sole option of the buyeF Gr
or
Gontr-aGting to any
grantee, peFsen
represeRtafive, OF trustee OF
PUFGhase,
bankruptGy thprtznf fnr;;
peFsonal
of one (1) after the date of diSGGvery of
period
year
R Werest of the grantee, buyer
above enuFneFated, and upon
or person GontFaGtinq to , other than thesee
the vendor or GontFaGting to sell, oF his c)
gFantE)F, person
Be I e* *-e em — —
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- - - -
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111M -TZ
le. -Z me W.
Page 52
if the Gity issues a permit eF qFants appFeval fep the development of any real property
and subsequently deteFrniReS that the real pFoperty was not legally Subd
may FeGensider the permit er approval feF the development and May irApOse these
additional Gn-.nr-I2fin-Rq- IA;h*Gh would have been appliGable to the division of the pFepeFty-at
the tirnp- thP- GUrFeRt owner of reGE)rd aGquired the property. if the property has the sarne
owner of reGord as at the filmle A-f the initial , the City may
h-;;q- be-e—P filed for reGOrd, GRIY thOSe GenditieRs stipulated in that Ger-tifiGate shall be
applisahle.The provisions of this chapter shall be enforced by the Director in accordance
with the provisions of the Subdivision Map Act and the Subdivision Manual, as
applicable.
Certificate of Compliance
1. Any person owning real property or a vendee of such person pursuant to a contract of
sale of such real property may request the Director to determine whether the real
property compiles with the provisions of the Subdivision Map Act ward -the Sa Wvd sion
Code, and the Subdivision Manual.
2. if it is determined that the real property complies viith the provisions of the Subdivision
Map Act and the Subdivision Code, the Director shall file a Certificate of Compliance
with the County Recorder. The Certificate of Compliance shall identify the real property
and shall state that the division thereof complies with the provisions of the Subdivision
wilap Act 'the Subdivision Code, and the Subdivision Manuai.
3. If it is determined that the real property does not comply with the provisions of the
Subdivision Map Act,-er the Subdivision Code, or the Subdivision Manual, the Director
may, as a condition to granting a Certificate of Compliance, impose conditions in-to
ensure com pliance . Upon the
&,ester making such determination and establishing such conditions, the Drector shall
file a Conditional Certificate of Compliance vjith the County Recorder. Such certificate
shall serve as notice to the property owner or vendee vvho has applied for the certificate,
a grantee of the property owner, or any subsequent transferee or assignee of the
property, that fulfillment and implementation of such conditions shall be required prior to
subsequent issuance of a permit or other grant of approval for development of the
property.
-6. A recorded final map eF parse4-M2p shall constitute a certificate of compliance with
respect to the parcels of real property described therein.
5. Subject to 'the provisions of Section 66499.35 (e) of the Subdivision Map Act, an official
snap prepared pursuant to Section 6499.52(b ) of the Subdivision leap Act shall
constitute a certificate of compliance ry,Mth respect to the parcels of real property
described therein.
Page 63
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10 IN
IN W
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2ffM3."wjl.r_wdF.Tff WHO MIME
Lela- -
Page 64
�_indomnificationfA ion Against Map Approvals
In accordance �, ,kith the ,provisions of Government Code Section 66 -47 ,4.9(b), the subdivider
shall defend, indemnify and hold harmless the City, its officors, employees and agents from any
claim, action, or proceeding to attack or set aside the map approval.
PAIR -4 DEFINITIONS
9341 DIERNMONS.
VAlords and erases used in this Chap'ler are as defined in the Subdivision rjVlap Act and
Chapter 2 (Zoning) of Article 9 of this Codo unless set forth beloifaj. if any word or phrase is not
defined, °tho dictionary definition shall prevail.
"Acreage" shall mean any parcel of land NjAjhich is not a lot, as defined in this chapter,
and those areas �jajhsre a legal subdivision has not been made previously, or where a legal
subdivision has declared such parcel as acreage.
"Advisory agency" shall mean a designated official or an official body charged with the
duty of making investigations and reports on the design and improvement of proposed divisions
of real property, the imposing of requirements or conditions thereon or having authority by the
Subdivision Code to approve, conditionally approve or disapprove subdivisions.and refer to +he
Planning Commission of the Gity of Tustin.
"Appeal board" shall mean a designated board or other official body charged with the
duty of hearing and making determinations upon appeals with respect to divisions of real
property, the imposition of requirements or conditions thereon, or the kinds, nature and extent of
the design or improvements, or both, recommended or decided by the advisory agency to be
re uiredand refer to the Gity Geunoil of the City of T„S +in
"Amending Map" shall mean a map filed in accordance with the Subdivision Code to
correct or amend a recorded_ final_ map,
"Slock" shall mean the area of land within a subdivision, Nvvhich area is entirely bounded
by stroots, high�jkjays or ways, except alleys, or the exterior boundary or boundaries of the
subdivision.
"Business and professions Code " shall mean 'the Business and Professions Code of the
State of California.
"City Clem" shall mean and refer to the City Clerk of the City of Tustin unless otherwise
specified.
"City Engineer" shall mean the City Engineer of the City of Tustin unless othenieise
specified. The City Engineer may delegate land surveying functions to a person authorized to
practice land surveying either with City staff or through a City- contract.
"Community apartment pro�ect" shall have the same moaning as prmAded in Section
1 351 of the Civil Code.
Page 65
"Condominium" shall have the same meaning as provided in Section 1356 of'the Civil
Code.
"Council" shall mean and refor to the City Council of the City of Tustin as established by
City Ordinance.
"County " shall mean the County of Orange.
"Coun°ty Recorder " shall mean the County Recorder of the County of Orange.
"County Surveyor" shall mean the County Surveyor of the County of Orange.
"Conversion" shall mean 'the creation of separate mxnership of existing real property
,together 1,,xiith a separate interest in the space �,Mthin residential, industrial or commercial
buildings.
"Day" shall mean a calendar day unless otherwise specified.
"Oepartment " shall mean the Community Development ®opartmont of the City of Tustin
unless othenjAiiso specified.
"Drector" shall mean the Director of the Community/ development Department unless
otherwise specified.
"Easement'" shall mean a nonpossessory right, interest or privilege °thaft the City, other
public entity or private party has in another's land.
"Environmental impact report ('EIR)" shall mean a detailed statement prepared pursuant
to the provisions of the California Environmental Quality Act (C QA), State Public Resources
Code Sections 21000 of seq., and State and City CE -QA Guidelines promulgated pursuant
thereto, describing and analyzing the significant environmental effects of a project and
discussing ways to mitigate or avoid the effects.
"Environmental subdivision" shall have the same meaning as provided in Government
Code section 66418.2
"Fair market value" shall mean the value of property as determined by the Advisory
Agency based upon appraisal by an N &.1M appraiser acceptable to the City and at she expense of
the develepersubdivider. The determination of "Fair Ma*et V2We" shall consider the value of a
buildable acre of land at the time of development. All costs of appraisal shall be ;paid by the
developer§ubdivider prior t0 the recordation of any final map or the issuance of any building
permit.
A
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"Oepartment " shall mean the Community Development ®opartmont of the City of Tustin
unless othenjAiiso specified.
"Drector" shall mean the Director of the Community/ development Department unless
otherwise specified.
"Easement'" shall mean a nonpossessory right, interest or privilege °thaft the City, other
public entity or private party has in another's land.
"Environmental impact report ('EIR)" shall mean a detailed statement prepared pursuant
to the provisions of the California Environmental Quality Act (C QA), State Public Resources
Code Sections 21000 of seq., and State and City CE -QA Guidelines promulgated pursuant
thereto, describing and analyzing the significant environmental effects of a project and
discussing ways to mitigate or avoid the effects.
"Environmental subdivision" shall have the same meaning as provided in Government
Code section 66418.2
"Fair market value" shall mean the value of property as determined by the Advisory
Agency based upon appraisal by an N &.1M appraiser acceptable to the City and at she expense of
the develepersubdivider. The determination of "Fair Ma*et V2We" shall consider the value of a
buildable acre of land at the time of development. All costs of appraisal shall be ;paid by the
developer§ubdivider prior t0 the recordation of any final map or the issuance of any building
permit.
Page 66
"Final map" shall mean a final tract or parcel map shewiRg a subdivision of five (5) or
FneFe � oAA �7 ._ An }��i�io �nrJ firinl m,n�� nro 1_ai
�"� " � -sue -arc. a -rma- �rr� r
this Chapter prepared in accordance with the provisions of the Subdivision Map Act and this
Chapter and designed to be filed for recordation in the Office of the County Recorder.
"General plan" shall mean the General Plan of the City of Tustin.
"Government Code" shall mean the Governmont Code of the State of California.
Improvement " shall mean streets, sidoviaiks, storm drainage facilities, vA)ater and sever
facilities, utilities, landscaping to be installed, or agreed to be installed, by the subdivider on the
land to be used for public or private streets, highvAjays, vjays and easements, as are necessary
for the general use of the lot olj�jners in the subdivision and local neighborhood traffic and
acceptance of the final map thereof.
"Improvement" shall also mean other specific improvements or types of improvements,
the installation of vxhich, either by or by a combination of, the subdivider, public agencies,
private utilities, or any other entity approved by the City, is necessary to ensure consistency
vjith, or implementation of, the General Plan, or any applicable specific plan. Improvements
shall be constructed in accordance with standard engineering specifications, AAjhere appficable.
"Legislative body "° shall mean and refer to the City Council of the City of Tustin.
"Lot " shall mean a unit or portion of land separate from other units or portions by
description, as on a final map —Gr— , or by such ocher map approved by the County or
by the City under the provisions of the Subdivision Map Act and the City ordinances in effect at
the time of such approval, for the purposes of sale, lease, or financing.
"Lot line adjustment" shall mean a MiRGF shift or retationmodification of an existing a lot
boundary line or other ar,i„Ctmen +lines between two or more existing adjacent lots or parcels
where a greater f
er ,�wer number of parcels than originally existed is not created.
'Wenger" shall mean the Doining of Nkio 12) or more contiguous parcels of land gander one
(1) oNjAinership into one (1) parcel.
"Notice of Findings" shall mean a statement adopted by a School Board and forwarded
to the Advisory Agency, declaring the existence of an impacted school or schools in
accordance with the findings and other requirements of Section 65971 of the Government Code.
The declaration of impact may include the schedule required by Section 65976 of the
Government Code.
"Parcel" See "Lot ".
"Parcel map " shall mean a map shoviing a sub&,jision of four (4) or less parcels as
required by the Subdiv sign Map Act and Ns Chapter, prepared in accordance NM11h the
provisions of the Subdivision Map Act and this Chapter and designed to be filed for recordation
in the Office of the County Rscordsr.
"Park" shall mean a parcel, or contiguous parcels of land which is o�,ajned, operated, and
maintained by a public agency or private association and which provides recreational land and
facilities for the benefit and enjoyment of the residents and visitors of the City. The City of Tustin
Page 67
designates parks ' :within the Tustin General Plan and the
Subdivision Manual.
"Park „ shall rneaR these paFks that Mum pepulatiOR of ten
size, thousand (10,000) and are generally eight (8) aGres OR
by the (�-, nnrl Benin resedentS of the entire G#)
"Park Neighborhood private" shall Fnean these parks that serve the
,
"Private n are owned
anr:_m -Aintnineri h�i .+ hnmenWner's nvsnni Finn
"Park NeighbeFheed q shall meaR these parks that se im pepulatien-4
two thousand five hundred , ,
,
playgrOURd
n n
equipment, sport fields and POGRiG areas.
anti maintained by he Git and sen/e reside Rto of the entire City.
"Park improvements ExtraerdiRary"
"Park and above these MiRi . . - ements deSGFibed below and Fnay ORGIude, but not be limited
and tennis GEMOS.
u
be limited to, grading, auteMatiG errigatiOR systems, adequate draiRage, IawR shrUbS, GonGFete walkways and walkway lightiRg.
,
"Gerson" shall mean any individual, firm, partnership, joint venture, association, club,
social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate,
the county, this and any other city or count, municipality, district, or other political subdivision,
or any other group or combination actin as a unit.
";Manning cornmission" shall mean and refer ito the Planning commission of the city of
Tustin as established by city Ordinance.
"Remainder" shall mean that portion of an existing parcel Awhic'h is not designated on the
required map as part of the subdivision. The remainder shall not be considered as part of the
subdivision but shall be sho 4n on the reOJUi c-d r @p as earl of 'she area surrounding t0he
subdivision. A remainder of five (5) acres or more need not be shvxn on the map and its
location need not be indicated as a matter of survay, but only by deed reference to the existing
boundaries of the remainder.
"'Right- of-w2y" shall mean a speciffically defined area or strip of land, either public or
private, on ?s Nch an irrevocable right of passage or use has been recorded.
p2se 68
"Standard engineering sped ications " shall mean those standard subdivision public
improvement plans and specifications as prepared and /or approved by the City Engineer and
those standard subdivision private improvement plans and specifications as prepared and /or
approved by the Director of Community Development.
"Stock cooperative" shad be defined as provided in Section 1351 of the Civil Sole.
thoroughfare,
"Street PeripheFal" shall rnean aR existing stFeet whose Fight-of-way is Gentiguous to-thhee
exterior boundary of a subdivision-.
"Street— P rivats " shall mean any sheet, access way, or the like, lying in whole or in part
�fa9ithin a subdivision for which dedication and MJAMership is privately heir] and is utilized as
access to a development. Private streets shall be constructed in accordance with standard
engineering specifications.
"Street — Public " shall mean any duly dedicated street, avenue, or the like which the City
has accepted and regularly maintains, or N,/Ajhich the County duly accepted and regularly
maintained prier to the incorporation of the City, or upon si'hich public funds have been
expended for improvements or rights- of -N,ik ✓ay used by -the public generally.
"Subdivider" shall be as defined in the Subdivision Map Act.
"Subdivision" shall be as defined in the Subdivision A0ap Act.
"Subdivision ✓lap Act" shall mean the Subdivision Map Act of the State of California as
provided in Government Code Sections 66410 et seq., inclusive.