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HomeMy WebLinkAbout02 Code Amendment 2013-002 Amending the Tustin Subdivision Code• AGENDA T�TOR l MEETING DATE: JUNE 11, 2013 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT ITEM # 2 SUBJECT: CODE AMENDMENT (CA) 2013002 (ORDINANCE NO. 1430) AMENDING THE TUSTIN SUBDIVISION CODE (ARTICLE 9, CHAPTER 3 OF THE T UST IN CITY CODE). RECOMMENDATION: That the Planning Commission adopt Resolution No. 4217, recommending that the Tustin City Council adopt Ordinance No. 1430, approving Code Amendment (CA) 2013002 and adopting proposed Amendments to the Tustin Subdivision Code (Article 9, Chapter 3 of the Tustin City Code). APPROVAL AUTHORITY: The City of Tustin's Subdivision Code is included in the Tustin City Code (Article 9, Chapter 3) and provides direction for subdivision activity tailored to the City of Tustin. Amendment of the City of Tustin Subdivision Code is a City - initiated work effort. The City Council is the approval body for proposed amendments to the Tustin City Code. Tustin City Code Section 9311 g5 authorizes the Planning Commission to provide a recommendation to the City Council on such amendments. BACKGROUND AND DISCUSSION: In general, land cannot be divided in California without local government approval. Dividing land for sale, lease or financing is regulated by the California Subdivision Map Act (commencing with Government Code Section 66410) and local ordinances that are consistent with the Act. The Subdivision Code establishes regulations concerning the design of the subdivision, the size of its lots, and the types of improvements (street construction, sewer lines, drainage facilities, etc.), and the form and content of all required maps in Tustin, and is based upon the Subdivision Map Act. Government Code Section 66411 requires each local agency to adopt an ordinance to regulate and control the design an -a' improvement of subdivisions. Originally established in 1952, the City's Subdivision Code has been updated on numerous occasions. The last comprehensive revision of the City's Subdivision Code occurred in 1931, with the last specific update occurring on February 13, 1997. Staff has prepared draft Code Amendment 2013002 (Ordinance No. 1430) as a comprehensive update of the Subdivision Code. A copy of the code amendment with the proposed changes shown in mark up (redlined) text is provided as Attachment 1. The redline version depicts the Ordinance in place today in black text with the proposed changes shown in red strikeout for deleted text and red underline for added text. In some cases, large sections of text appear to be deleted, when in fact they may simply be proposed to be relocated to another chapter in the Ordinance. The proposed amendments are comprehensive and are part of the Community Development Department's continuing effort to implement Tustin City Council policy direction by making government processes and procedures more streamlined. On May 28, 2013, the Community Development Department transmitted the proposed amendment to the Planning Commission to afford the Commission sufficient time to consider the proposed update and set the item for public hearing on June 11, 2013. Key changes proposed in the proposed amendment include: 1. Removing outdated language; 2. Performing ordinance "general housekeeping" to ensure consistency with the State Subdivision Map Act revisions and current City practice; and, 3. Process streamlining. The May 28, 2013 staff report to the Planning Commission summarized the key changes proposed in Ordinance No. 1430. Process streamlining is the most significant element of the proposed changes. Staff believes that its implementation will have the greatest positive impact on facilitating and streamlining the subdivision process. The following discussion highlights some of the more significant changes proposed: Subdivision Manual — The Subdivision Manual is a procedural document that provides rules, application requirements, procedures and interpretations, as may be necessary or convenient to implement the Subdivision Code. The current Subdivision Ordinance only generally refers to the City's Subdivision Manual which was adopted by the Tustin City Council on March 2, 1998. The proposed amendment would codify the authority of the Subdivision Manual and allow for the periodic modification of its requirements provided such amendments are consistent with the Subdivision Map Act and the Subdivision Code (see Section 9311). Submittal Requirements — The current Subdivision Code identifies submittal requirements for a variety of applications (see previous Section 9322.b.1). Submittal items should not be identified in the Tustin City Code since specific items may periodically need to be waived, expanded upon or modified depending upon the complexity of a specific project submittal. The current Code- mandated list of submittal items eliminates necessary flexibility and adds time and cost to the application process. Application requirements will be listed as policy in the Subdivision Manual. Eliminating the list of submittal items from the current Ordinance provides the greatest flexibility in working with a property owner to tailor a specific application to a specific situation. Administration — The current Subdivision Code contains sometimes conflicting or confusing language when identifying responsibilities for administering and processing subdivision applications. The Community Development Department currently processes all Subdivision Code applications except for Lot fine ,adjustment and Final Tract or Parcel Map applications, which are currently processed by the Public Works Department. Although both departments work together, the existing separation of responsibilities is problematic for projects involving multiple discretionary actions (Conditional Use Permit, Design Review) that also include a Lot Line Adjustment or Final Map. The proposed amendment would eliminate the current division of responsibilities and standardize formal Community Development Department authority for processing of all future Subdivision applications. Community Development Department staff would continue to coordinate with Public Works staff on technical comments regarding the preparation of all subdivision applications and route these applications along with any other discretionary applications (i.e. Conditional Use Permits, Design Review Applications, etc.) to Public Works, other City Departments, and affected outside agencies (Orange County Fire Authority, etc.) for formal review and comment. Once all comments have been collected, the Community Development Department will coordinate and prepare all incomplete, correction letters, etc. The proposed amendment eliminates confusion at the counter as to which City Department processes what and where applications are submitted or resubmitted. 0 Streamline and Expedite Subdivision Processing -- Final Map Approval m Tract and Parcel Maps proposed in Tustin are currently required to go through a two -step process. Tentative Tract and Parcel Maps are brought before the Planning Commission ( "the Advisory Agency ") for a recommendation before formal consideration by the City Council ( "the Legislative Body "). City Council consideration of a Tentative Tract or Parcel Map is a quasi - judicial process that includes a thorough investigation and examination of the facts and conclusions drawn from their review of the proposal as the foundation for their official action. Typically, a Tentative Map is approved with conditions. Following City Council approval of the Tentative Map, the applicant and staff work to ensure all conditions of approval are met. Once all of the conditions have been met, a Final Tract or Parcel Map is brought before the City Council for approval as a Consent Calendar item. Approval of a Final Map is considered a ministerial act in that it requires no subjective evaluation by the legislative body (since that process was completed during the Tentative Map phase). This makes a Final Map very much like a Building Permit. If the Tentative Map's approval conditions have been met and the proposed Final Map complies with the Subdivision Code (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 weeks. Even though Final Maps are ministerial actions, they are currently given a higher level of scrutiny and are processed differently from any other discretionary application. For other discretionary actions involving conditional approval such as Design Review or Conditional Use Permit applications, staff does not bring back the matter before the Planninn ('nmmi —io City to that ii I:t:_.__ .y vW11n naawn or vny % v4 I4,1 L report UIdl all GUHU1110H5 have been met and to request final approval of the project. For these types of discretionary approvals, a building permit, occupancy permit, business license, etc. may be issued to complete the project after all conditions of approval have been satisfied. Section 66466(d) of the Subdivision Map Act permits the Legislative Body to delegate (by Ordinance) the responsibility for approving a Final Map. The proposed amendment to the Subdivision Code would authorize the Director of Community Development to approve all Final Maps consistent with City Council- approved Tentative Maps and following the City Engineer's technical finding that the map complies with the Subdivision Map Act. The proposal would ensure equivalent Commission /Council review and approval while expediting the processing of previously approved Tentative Map applications. 2. Lot Line Adjustments and Parcel Mergers - Similar to Final Maps, the Subdivision Map Act considers a Lot Line Adjustment and a Parcel Merger ministerial actions. These applications are considered relatively minor and typically involve correcting an odd lot line, assimilating a remnant parcel into a larger adjoining parcel, etc. Similar to Final Maps, Lot Line Adjustments 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 Map Act and the Tustin City Code, the City must approve them. Currently, Lot Line Adjustments and Parcel Mergers require Planning Commission and City Council consideration. The proposed amendment would authorize the Director of Community Development Department to approve these applications thereby resulting in an expedited approval process to the benefit of affected property owners. Standardized Appeal Process -- The proposed amendment would revise the current appeal process identified within the Subdivision Code 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 Planning Commission; Planning Commission decisions are appealable to the City Council; and, all appeal periods are 10 calendar days (except when the 10th day falls on a weekend or holiday - it would roll to the next business day). o Revised Table 2 -1 - Table 2 -1 has been revised to be consistent with other proposed revisions of the Tustin Subdivision Code. Review Authority Type of Division- Application Decision Body Appeal Body Code Interpretation Director Planning Commission Certificate of Compliance i Director Planning Commission Final Maps GounGHDirector - -City Council Lot Line Adjustments _ Ceues +IDirector -- Planning Commission Parcel Mergers GernmissionDirector GeupGdPlanning Commission Reversion to Acreage City Council- -- Tentative Maps, includin Vesting City Council VestingExtension of Tentative Map Acceptance of Dedications or Improvements Subdivision Code Waiver Director City Engineer Director Planning Commission' Planning Commission' Planning Commission ne lPianning Commission's decision may be appealed to the Council. z The Planning Commission shall make recommendations to the City Council. COMMISSION INPUT AND STAFF RFSPOMSE- Following the provision of the proposed amendment of the Tustin Subdivision Code to the Planning Commission on May 23, 2013, several questions were received by staff. Input received and staff responses to these items are provided in Attachment 2. ENVIRONNIF-iN T AL ANALYSIS Proposed Ordinance No. 1430 is not a "project" under the California l;nvironmental Quality Act ( "CI;QX) pursuant to Section 15373(b)(2) and (5) of the CEQA Guidelines. CONCLUSION The Tustin Subdivision Code and proposed amendment are both comprehensive and complicated. Process streamlining is the most significant element of the proposed amendment of the Subdivision Code. Staff believes that the proposed amendment is innovative yet follows a trend in the urban planning community to remove obstacles and bureaucracy on matters that are technical and routine. Staff has included a survey of other cities for consideration by the Planning Commission (Attachment 3). The cities surveyed were selected because of their similarity to Tustin or because they process a significant number of subdivision applications. 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 which, again, has not been comprehensibly updated since 1931. Staff believes that its implementation will have the greatest positive impact on facilitating and streamlining the subdivision process. The City Attorney has reviewed and approved the proposed ordinance amendment. A copy of the May 23, 2013 staff report to the Planning Commission and proposed code amendment was also provided to the Tustin Chamber of Commerce. Dana L. Ogdon, AICP J Assistant Director Elizabeth A. Binsack Director of Community Development Attachment 1: Resolution No. 4217 Exhibit A: Ordinance No. 1430 (Proposed Amendment of the Subdivision Code). Attachment 2: Planning Commission Input/Staff Responses Attachment 3: Community Survey S: \Cdd \pereport \subdivision ordinance.doc AT i AC HMi F-:'NT RE--SOLUTION NO. 4,21-1 RESOLUTION NO. 4217 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF T USTIN, CALIFORNIA, RECOMMENDING THAT THE TUST IN CITY COUNCIL APPROVE CODE AMENDMENT 2013- 002, AMENDING THE TUS T IN SUBDIVISION CODE (ARTICLE 9, CHAPTER 3 OF THE TUSTIN CITY CODE). The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That Government Code Section 66411 requires each local agency to adopt an ordinance to regulate and control the design and improvement of subdivisions within their jurisdiction. B. That the Tustin Subdivision Code was adopted in 1952, has been updated on numerous occasions, but was last comprehensively updated in 1933. C. That Code Amendment 2013 -002 (Ordinance No. 1430) has been prepared as a comprehensive update of the Subdivision Code. D. That on May 23, 2013 a copy of proposed Code Amendment 2013 -002 was provided to the Tustin Planning Commission; E. That on June 11, 2013, a public hearing was duly called, noticed, and held by the Tustin Planning Commission whereupon the Commission adopted Resolution No. 4217 recommending that the City Council approve Code Amendment 2013 -002 (Ordinance No. 1430); F. That Code Amendment 2013 -002 (Ordinance No. 1430) is consistent with the Tustin General Plan. Proposed Code Amendment 2013 --002 (Ordinance No. 1430) will further the Land Use Element goals and policies applicable to the longterm growth, development, and revitalization of Tustin, including: 1. Achieve balanced development. 2. Ensure that compatible and complementary development occurs. 3. Improve city -wide urban design. 4. Promote economic expansion and diversification. G. That proposed Ordinance No. 1430 is not a "project" under the California Environmental Quality Act ( "CEQA") pursuant to Section 15373(b)(2) and (5) of the CEQA Guidelines. Resolution No. 4217 Wage 2 II. The Planning Commission hereby recommends that the City Council approve Code Amendment 2013002 (Ordinance No. 1430) amending the Tustin Subdivision Code (Article 9, Chapter 3 of the Tustin City Code), as provided in Exhibit A. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 11th day of June, 2013. ST F-VE KOZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4217 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11th day of June, 2013. ELIZABETH A. BINSACK Planning Commission Secretary Exhibits: A. Draft Ordinance No. 1430 (Proposed Amendment of the Subdivision Code) Exhibit A ORDINANCE NO. 1430 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 1TUSTIN, CALIFORNIA, APPROVING CODE AMENDMENT 2013 002, AMENDING THE TUS TIN SUBDIVISION CODE (ARTICLE 9, CHAPTER ER 3 OF THE d US TIN CITY CODE). The City Council of the City of Tustin does hereby ordain as follows: SECTION 1. The City Council finds and determines as follows: A. That Government Code Section 66411 requires each local agency to adopt an ordinance to regulate and control the design and improvement of subdivisions within their jurisdiction. S. That the Tustin Subdivision Code was adopted in 1952, has been updated on numerous occasions, but was last comprehensively updated in 1933. C. That Code Amendment 2013002 (Ordinance No. 1430) has been prepared as a comprehensive update of the Subdivision Code. D. That on May 23, 2013 a copy of proposed Code Amendment 2013002 was provided to the Tustin Planning Commission; E. That on June 11, 2013, a public hearing was duly called, noticed, and held by the Tustin Planning Commission whereupon the Commission adopted Resolution No. 4217 recommending that the City Council approve Code Amendment 2013002 (Ordinance No. 1430); E. That a public hearing was duly noticed, called, and held on by the Tustin City Council, G. That Cody: Amendment 2013002 (Ordinance No. 1430) is consistent with the Tustin General Plan. Proposed Code Amendment 2013002 (Ordinance No. 1430) will further the Land Use Element goals and policies applicable to the longterm growth, development, and revitalization of Tustin, including: 1. Achieve balanced development. 2. Ensure that compatible and complementary development occurs. 3. Improve citywide urban design. 4. Promote economic expansion and diversification. N. That proposed Ordinance No. 1430 is not a "project" under the California Environmental Quality Act ( "CEQA ") pursuant to Section 15373(b)(2) and (5) of the CEQA Guidelines. SECTION 2. Code Amendment 2013002 (Ordinance No. 1430) is hereby approved amending the Tustin Subdivision Code (Article 9, Chapter 3 of the Tustin City Code), as provided in Exhibit 1 Ordinance No. 1430 Page 2 PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this _ day of , 2013. ELWYN A. MURRAY MAYOR JEFFREY C. PARKER CITY CLERK ST ATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUS T IN 1 CERTIFICATION FOR ORDINANCE NO. 1430 JEFFREY C. PARKER, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is b; that the above and foregoing Ordinance No. 1430 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the _ day of 2013, and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the c, day of 2013, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: JEFFREY C. PARKER City Clerk Exhibit 1: Amendments to Article 9, Chapter 3, of the Tustin City Code (Subdivision Code) Exhibit I Ordinance No. 1430 Exhibit 1 Page 1 CHAPTER SUBDIVISIONS PART 1 PURPOSE, INTENT AND APPLICABILITY OF SUBDIVISION CODE. 9311 PURPOSE, INTENT AND APPLICABILITY OF SUBDIVISION CODE a. Title Article 9, Chapter 3, of the Tustin City Code 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 Code is to implement the Subdivision Map Act of-C la erni� related to the division of land within or partially within the City of Tustin by establishing regulations concerning the design, improvement, and survey'data of subdivisions, the form and content of all required maps provided under the Subdivision Map Act, and the procedure to be followed in securing the official approval of the City regarding the maps. To fulfill these purposes, the intent of the Subdivision Code is to: 1. Promote orderly growth and development to preserve the public health, safety and general welfare; 2. Promote open space, conservation, protection, and proper use of land; and, 3. Provide for adequate traffic circulation, utilities, and other services in the City. c. Authority and Relationship to General Plan The Subdivision Code is enacted based upon authority vested in the City of Tustin by the State of California, including but not limited to: the State Constitution and the Subdivision Map Act (Government Code Sections 66410 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 Plan. d. Applicability of Subdivision Code The Subdivision Code shall apply to all divisions of land within 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 a specific 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 shown on the General Plan, any applicable Specific Plan, Article 9, Chapter 2, (Zoning Code), or other, applicable provisions of the Tustin City Code Ordinance No. 1430 Exhibit 1 Page 2 shall determine, together with the requirements of the Subdivision Map Act and the Subdivision Code, the type of streets, roads, highways, utilities, and other public services that shall 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 shall be admiRistered by the Tustin City Attorney, Gity GeunGil, Gity Eng'Reer, Community Development as follows: 4--. Gity Attorney. The City Attorney shall be respe e for appFeving as to forn4-afl interestdeyelopmen} e �+ rnvonnts j the autherity to make legal inteFpretat*GRS of the Subdivision Code. 1. City Council. The Tustin City Council , h 11 ho +►,o I oy;�l�t;,,o 1�,,,1„ �, +{ -+ the - Subd+vi -s+ a shall have the responsibility and authority to conduct public hearings, and approve, impese GORditionsconditionally approve or disapprove subdivisk)RS OR complianGe with 9321.b (Authority for Subdivision De °ins) 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 9JZI J) (Authority for Subdivision Decisions) of this Code City Engineer. The City Engineer._ or designee, shall be responsible for: (a) Determining if proposed subdivision improvements comply with the Subdivision Code; (b) Examining and certifying that final maps are in substantial so►npliaase conformance with the approved tentative maps; (c) Processing and approving subdivision public improvement plans; Ordinance No. 1430 Exhibit 1 Page 3 (d) Establishing design and construction details standards for public improvements; (e) Preparing and approving subdivision improvement agreements; (f) Inspecting, approving and accepting subdivision public improvements; a-nd Lq)_pr,�ooeSSi;;g of lot lino adjustn4e4 Accepting dedications and conveyances of real property and interests in real property offered at no cost to the City. -: and fg}(h) Amending the City of Tustin's "Street Design Manual and Standard Plans." 4.3. Director of Community Development Director. The Director of Community Development, or designee, Director-shall be responsible for: (a) Processing of tentative traGt and tentative parGel maps, final maps, reversion to acreage maps, ce, �rfica� s, and amended maps; (b) Establishing design and construction standards for private improvements; (c) Processing and approving subdivision private improvement plans; (d) Processing and approving proposed street names; (e) Inspecting, approving and accepting subdivision private improvements. (f) Processing and approving conditionally approving, or disapproving lot line adiustments, parcel mergers final maps certificates of compliance and requests for extension of a tentative map and the waiver of the Subdivision Code and (g) Interpreting all provisions of the Subdivision Code. 5-A. _ Director of Parks and Recreation. The 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 with the Subdivision Code. 6-:5. _Planning Commission. The Planning Commission shall be the Ad is Agency 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_ ta' in compliance with 9321.b (Authority for Subdivision Decisions). ef I nnnl Requirements UM _ S �� A 11111111&�_ 14—MM: Ordinance No. 1430 Exhibit 1 Page 4 Ott: 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 9312 a division of I Rd; Five or More P I - Uftl d Mae -_� . . .• ■ - .. . • - / . _ M Ordinance No. 1430 Exhibit 1 Page 5 Ordinance No. 1430 Exhibit 1 Page 6 93149313 WAIVLR OF SUBDIVISION REQUIREMENTS a Waiver of Tentative Map Requirements +he-re for the follewing a^+i�o� i� Any 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 City, public entity or public utility for a public purpose, such as school sites, public building sites, or rights -of -way or easements for streets, sewers, utilities, drainage, etc. 3. The unmerger, in accordance with the Subdivision Map Act and the Subdivision Code, of real property 1AAh- -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 days. The requirements for a tentative map or final map shall not be waived, in whole or in part, unless the Director makes a finding that the proposed division of land complies with requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act, the Subdivision Code and the Tustin General Plan, any applicable Specific Flan, Article 9, Chapter 2 (Zoning Code) and other applicable provisions of the Tustin City Cocle._The 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 with 9333.c, (Certificate of Compliance), and a plat map showing the division. The certificate of compliance shall include documentation by the County Tax 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 Ordinance No. 1430 Exhibit 1 Page y application shall not be considered as complete until all the application documents including the vestinn deed(s)-and- _map _have been received together with the processing fee Conditions may be imposed to provide for, among other things, payment by the subdivider of parkland dedication, drainage, and other fees that are permitted under the Subdivision Code, the Subdivision Map Act, or other relevant law. The decision of the Director shall be considered final unless an appeal is filed in compliance with 9321.8 -h (Appeals). appealable to the GouriG�-. 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 fora 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 fullv 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. Ordinance No. 1430 Exhibit 1 Page 8 PART 2 SUBDIVISION PROCESSING 9321 SUBDIVISION AUTHORITY AND tW AL—APPLICA T ION a Introduction 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 (Review Authority) identifies the City official or body responsible for reviewing and making decisions on each type of application for divisions of land required by the Subdivision Code. Table 2 -1 Review Authority Type of Divisien- Application Decision Body Appeal Body Code Interpretation Director Planning Commission' Certificate of Compliance Director Planning Commission' Final Maps Ssuns+ {Director --City Council Lot Line Adjustments Ceunsi4Director -- Planning Commission' Parcel Mergers COMM46 isnDirector Goun6+IPlanning Commission' Reversion to Acreage City Council? -- Tentative Maps, including Vesting City Council2 -- Vesfi►gExtension of Tentative Map Director Commission' Acceptance of Dedications or _Planning Improvements City Engineer Planning Commission' Subdivision Code Waiver Director Planning Commission' ' The Planning Commission's decision may be appealed to the Council. 2 The 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 [department. The DepaFtment Will GGns-k,,�,QeF-�An application shall be considered complete when: (a) All necessary forms, materials and exhibits as identified in the City's Subdivision Manual have been provided and accepted as adequate, and, (b) All necessary application fees and /or deposits have been accepted. Ordinance No. 1430 Exhibit 1 Page 9 The tentative map, final map and other drawings which are to be ultimately recorded shall be prepared by a registered civil engineer or licensed land surveyor. The maps and exhibits shall be clearly drawn 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 Map Act and /or the Subdivision Code. 2. Eligibility for Veiling. Applications may be made by the owner of the subject property or by any other person, with the written consent of the property owner. d Initial Application Review /Environmental 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. Review for Completeness. The Department shall review all applications for accuracy before they are accepted as being complete. (a) Notification of Applicant. The applicant shall be informed, as required by the Government Code, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in letter, 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 California Environmental Quality Act (CEQA). (c) Expiration of Application. If a pending application is not capable of being deemed complete within six (6) months after the first filing with the Department, the application shall be deemed withdrawn unless an extension is granted by the Director. A new application, including fees, plans, exhibits and other materials, will be required to commence processing of any subdivision on the same property. 2. Referral of Application. At the discretion of the Director, or where otherwise required by the Subdivision Map 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 reviewed as required by the California Environmental n gal Quaky AGt (CEQA to determine whether the proposed subdivision is exempt from the requirements or is not a project as defined by CEQA, whether a Negative 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 CEQA and other guidelines established by the Department. Ordinance No. 1430 Exhibit 1 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 4ffeGted AgenGies 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 Ordinance No. 1430 Exhibit 1 Page 11 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 decision body shall consider any input received from any interested party, including any reports from affected agencies, utilities or School Districts in-prior Lo approving, conditionally approving, ordenyiFg- disapproving_the e tativ � an application for division of land. Notwithstanding the foregoing it should be noted that the Subdivision Map Act or other state codes may require additional notice for certain applications fg_Public Hearings When a ion -app notice of heaFiRg(S) in GOMplianGe with State law (Government Code SeGtiens 65090 and 65091). Additional n0tiGing time as speGified may be Fequired ply -w+## notiGi ng requirements of the California Environmental Quality AGt. in the event of a nnnffir't hptimp-pn required n0tiGing times, the longer time shall be A proposed Gonversien of residential meal nP , 664521 n, 0 of the bdivision Map AGt_ may-be NOtiGe shn" alse he given by mail or persenal delivery tO-aRy peFsen who- has filed I wFitten request with the City. A request The Department may give SLAGh other n0tiGe that it deems neG-Ssar-Y or advosable-. Substantial GOMpliaRGe with these provisions fGF nGtiGe shall be SLIffiGient, and a teGhniGal f;;61- -rfz to sornp de 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. gh 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 ordinances rh„. +rid iM writing and f with the Department All appeals shall be made in Ordinance No. 1430 Exhibit 1 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 speGifiGally state the pertinent fants of the Gase and the basis feF the appeal. Appeals shall be failed v.fith the Depar-trnent within ten (10) Galendar days of the denision body's aGtien. Appeals shall be aGGOMpanied by the filing fee set by resolution of the GeunGil. 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.. ,-L-(Public Hearings). If there is no regular meeting of the appropriate appeal body within the next 30 days for which notice can be given pursuant to Section 9321j, the appeal maybe heard at the next regular meeting for which notice can be given or within 60 days from the date of the receipt of the request whichever period is shorter. W appeal. The hearing shall be de novo and the appeal body 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 owl Ordinance No. 1430 Exhibit 1 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 OedeMap Act. •- - _ - - Ordinance No. 1430 Exhibit 1 Page 14 adjustment appliGafiGFIs shall be determined to be GOMplete by the EFIgineeFing DivisiGn only when: vrny- vv-rTC r -i- VVGFks Department/Engineering Division are aGGepted as adeqUatE.--, _. A legal deSGriptien of the parGe'S with prGposed adjustments, signed by a Califo Registered Givil FingiReer OF LiGeRsed Land Surveyor is aGGepted as adequate; 3. Traverse with GIGStAFeS feF proposed acqustments are aGGepted as adequate-, 4- MORths from the date of the Griginal submittal until fin-al ar--fien taken --the tppliGatieni 5. A site „la; of the and site building GOdes iS aGGepted as adequate; and, 6. All fees andler deposits have been submitted and aGGepted. An-appliGatiOR for approval Of a let line adjustment iR GOMPlianGe with this part shall be approvals for the develOpMeRt. ARY request whiGh would Greate a greater number of properties shall require the 'Ting o a teRtative parGel or tentative traGt map in GOMplianGe with SeGtien 9323 (Tentative ParGel and Tentative TraGt Maps), or as may otherwise be provided by the SubdivqSi=GR Code. 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 iVlanual. 1. Application review shall be limited to a determination of the following: a Four or fewer existing adjoining 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 adjustment except to conform the proposal to the City's General Plan zoning and building Ordinance No. 1430 Exhibit 1 Page 15 ordinances and /or to require the prepayment of real property taxes prior to the approval of the approval of the lot line adustment 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 adiustment unless required by Section 8762 of the Business and Professions Code. _ 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 Ge, -nn +l- Director shall approve, conditionally approve or disapprove the proposed lot line adjustment shun record its deGisien a..vrrvr -r- 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 adjustment 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.Tae Oe ,_with e , if the following findings are rn If a Record of Survey is prepared and filed, a Certificate of Compliance shall also be recorded A gFeater nurnbeF of paFGels would not be GFeatedd ivith the appFE)val of the lot line adjustment; 2_ The PFG pesed adjustments involve fou (4) OF feWeF existing adwini„ nninn parvolr.r • 3. The prGpesed adjustments to the existing. paFGeIS Fesult in GOMplianGe with appliGable general plan, ZORing and buHdiRg , 4pd 4. The nrnnnoed ad ustmeRtc are in GGmplianGe with the City's Suladvision Cede and t4e. Subdivisjo �. d-- Post Approval PFOGedures 1. Appeals. The decision of the insil+s#+nal Ordinance No. 1430 Exhibit 1 Page 16 • - s. � fm �" •• - s s• - - .. t:ld VI • - .. .. .. -ss• - • " - -• -s - - .. - �- . IN I il - - - - • - s. � fm �" •• - s s• - - .. t:ld VI • - .. .. .. -ss• - • Ordinance No. 1430 Exhibit 1 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 Manual 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 -wav, 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 Ordinance No. 1430 Exhibit 1 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 project 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 2. 3. parks or trailer parks. Mineral, oil, or gas leases. 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 project is subject 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 6. pasturing of livestock. 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 project is not subject to review under other local agency 7. ordinances regulating design and improvement. The financing or leasing of existing separate commercial or industrial buildings 8. on a single parcel. 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 Ordinance No. 1430 Exhibit 1 Page 19 to ensure that the application is consistent with the purpose and intent of be analyzed by the Department to ensure that the proposed subdivision 06 GORsistent with 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 only 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 City Council, after a public hearing, of any actions, findings, and conditions related to the tentative parcel o to Rtatiye tFa ma other relevant I.,,., A Planning Commission recommendation for approval or conditional approval of a tentative map shall be supported by the following findings: Ordinance No. 1430 Exhibit 1 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 injure 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 q. The waste discharge from the proposed subdivision into a communitv 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 66473.7(i) of the Subdivision Map Act from providing said verification Ordinance No. 1430 Exhibit 1 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.e., 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 to be held within 30 calendar days of the Commission's action Noticing of the public hearing shall be given in compliance with 9321.g (Public Hearings). All applicable time frames for the Commission to recommend on the tentative parcel or tentative traGt 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 Commission. 4fteF a rc°.-v ewmepAafion has boon made bpi the Gemmissinn the tentative nnrnol Or tentative t{ the publiG hearing will be given in GOrnplianGe with 9321.f (Publin Hearings)-. The City Council shall take action, after a public hearing, t- approve, approve with conditions or deny disapprove the tentative naroel or tentative tract map within the time frames established by the Subdivision Map AGt GF other relevaRt Iay.f. All annlinahle time frame for the inn specifiedd by the Subdivv±sieR Map Ant or other relevant I n y -h e ?xtended by mutual nnnswent of the 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 certify 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 Council shall record its decision in writing with the findings upon which the decision is based. The Council may approve an application for a tentative c 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. Ordinance No. 1430 Exhibit 1 Page 22 #e Post Approval Procedures 1_Appeals. 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 paving 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 application 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 City Clerk within 15 calendar days of the date of the action 2. T*r:ne Extensions. Torne exteRSions Fnay be gFaRted on GEWnplianGe with 9321.h (Time Extensions). if a tentative paFGel er tentative traGt map as RGt reGGFded within the established finie frame, and a torne eXteRsien is RE)t granted, the tentative parGel 0 tentatove tFaGt map shall be deemed to have expired, 9324 VESTING TENTATIVE PARCEL AND VESTING TENTATIVE TRACT MAPS a Purpose The purpose of this section is to provide for the submittal and processing of a complete application for vesting tentative parcel and vesting tentative tract maps for the subdivision of land in compliance with the Subdivision Map Act, the Subdivision Code, and the City's Subdivision Manual. Ordinance No. 1430 Exhibit 1 Page 23 b Applicability Filing and Processin Whenever a provision of the Subdivision Map Act or the Subdivision Code requires or authorizes the filing of a tentative paFGel nr tentative +raGt map, a vesting tentative parer ve&4ag4e„ Ut«t; -aet map may be filed instead, in accordance with the provisions herein. The filing of a vesting tentative paFGel or ve& Rg- tentative -Tr act -map, as opposed to a tentative tract rn,i"r -{curl map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction. paFGel or vesting tentative tFaGt map shall be filed with the DepaFtment in GGMplianGe with 9321.G (AppliGatinn Filing and Fees)-. 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." The vesting tentative parGel er vesting tentative +raGt map Abe prepaFed in a manner aGGeptable te the Department and shall be prepared by a registered GiVil er ;nee�e' - liGensed land surveyor. The m4 shall be Glearly and legibly dFawn and shall Gentain the r entified the Gity' Manual, Subdivision waived-by-the m fnr me The n epartmen +- may -a-- . e additional materials, exhibits, data or information as deemed neGessary to aGG0MpliSl, puposes ef the Subdivision Map AGt and the Subdivision Code. Vesting tentative paFGel an vesting entative traGt map appliGations shall be determined to be GOMplete by the Department only when: • • 1 r r ■ ■ • 1 I _ Ordinance Flo. 1430 Exhibit 1 Page 24 Tustin General Plan, any appliGable SpeGifiG Plarl, Ar-tmG!e 9, Chapter 2 (Zening Code) and othe An appliGation for a vesting tentative paFGel or vesting tentative tFaGt map well be proGessed n GGMplianGe with 9323 (Tentative Paarr.el -and TeRtative TraGt Maps). The deGision making body shall FeGOrd its deGision in writing with the findings upon whiGh the deGision as based. The GeunGil may approve an appliGatio—n for -a vesting tentative PaFGel e vesting tentative traGt Map, with Or WithOUt Gonditiens, supported by the findiRgS required by the e Conditions of Approval IR appreving a vesting tentative paFGeI or vesting tentative tFaGt map, the Council May rnpese Gonditions deemed neGessapi4o-ensure that the approval will-be in GOFnplganGe with the findings required by 9324A (Findings and DeGi&kM)-. The er of all development fees required to be paid be made at the rate for SUGh fees in effeGt at the time im of i iv.°i, ^nro .• � permit aau r -rvc.. f Post Approval Pr ed Appeals The deeision of theGeunGil�is par 2-. Time Extensions. Tame extensions may be granted in GGmp4anGe-w4h-9324-.h4Tm4,- Extensions). if a vesting tentative paFGeI or vesting tentative tFaGt map is not FeGorded within the established time frame, and a time extension is not granted, the vesting tentative paFGeI or vesting tentative traGt rnap shall be deemed to have expire�. __Rights of a Vesting Tentative Map 1. Subject to the time limits established by Section 9323 of this Code Tie -the approval conditional approval of a vesting g- tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards as described in Section 66474.2 of the Subdivision Map Act_. However, if Section 66474.2 is repealed, the approval of a vesting tentative parcel or vesting - tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative paFGel es or vesting tentative rur +z map is approved or conditionally approved. v .vv u 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 Ordinance No. 1430 Exhibit 1 Page 25 (b) The condition or denial is required to comply with state or federal law. 3. The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative par^oi or tentative tract map. If the final map is approved, these rights shall last for the following periods of time: (a) An initial time period of one (1) year beyond the recording of the final parsel+nap -Of final tr_ t map. When several final maps are recorded on various phases of a project covered by a single vesting tentative parcel or vesting tentative traGt-map, th+,,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 i -maps must be recorded within the time period set forth in Section 9324- 3.f. ffime in'o Post Approval Procedures) or the vesting tentative parcel er Yestiny tentative test -map approval shall expire for those parcels for which final paFGeI rnaps OF fiRal traGt reaps 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 time used by the City to process the application exceeds thirty43G)W calendar days from the date that a complete application is filed. At any time prior to the expiration_ of the one (1) year initial time period 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 traGt Map er vesting tentative PaFGel -map, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. 4. An approved vesting tentative parcel�or +.�ti Aent; +� -map shall not limit the City from imposing reasonable conditions on subsequent required approvals or permits necessary for the development in accordance with subdivision (g)c -(2) of this section. 9325 FINAL MAPS a Purpose The purpose of this section is to provide for the submittal and processing of final pareel-and final tract maps in compliance with Subdivision Map Act and the Subdivision Code. b AppliGability and EXGeptiens Requirements An application for a final {parsec map may be filed with the Department in compliance with 9321.c (Application Filing and Fees). The final par^el or final tFaGt map shall be prepared in a manner acceptable ., t�or the l C,,ity Engineer and engineer or liGeRsedd surveyor. he- f4iai�-Iap shall ae legih�l� e printed, or reproduGe4b" " ^'yester �ilr"� -shall contain the information identified in the Professional Land Surveyor's Act, Subdivision Map Act the Subdivision Code, and the City's Subdivision Manual, unless waived by the Sity Engin Director. the normal full size plan c ihmittal the approved F II z,,� -no„� -gar z� Ordinance No. 1430 Exhibit 1 Page 26 laddi ien—,fFinal paFGel or fiR et -map submittals shall be accompanied 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 Act and -the, Subdivision Code, and Subdivision Manual. Final map applications shall be determined to be complete by the P bliG Works Deparimei,tDirector, only when the following actions have been completed: 1. Applications Forms. All necessary application forms, materials and exhibits identified in the City's Subdivision Manual (including a formal "Owner's Consent" form as estab:sned by the PubliG Works Departmen EngineeFing Division are accepted by-the Department as adegaatecomplete; 2. Improvement Plans. The subdivider has either completed the required improvements or entered 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 t map ; 3. Title Report. A-The subdivider has submitted a certificate of title a policy of title insurance, or title guarantee title report 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 owneFs and Ry enG imbr RGes and a ,Semen +� accepted as adequate by _ legal v v rrrr r� ari.az7^-n-v-•- rrr�ar i ire i s o the rifle ERgineeQq rtment. 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; 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 any 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 readily 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. , -The subdivider has submitted a certificate from the County Tax Collector stating that all 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 Ordinance No. 1430 Exhibit 1 Page 27 or special assessments which are a lien but not yet payable has been filed with the County; 5-6. Deeds fGrDedications and Easements or Rights -e# - way. _ 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 which 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 work and permitting the maintenance of the facility have been accepted as adequate; 6-7.. ._Traverse 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 1350 et 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 Declaration of Covenants, Conditions and Restrictions proposed in connection therewith. All documents shall be subject to review and approval by the Director of Community Development and City Attorney; Guarantee of Title. A guarantee of title, in a form acceptable to the City Attorney, has been issued by a competent title company to and for the benefit and protection of the City, which shall be maintained complete up to the instant of recording of the final map, guaranteeing that the names of all persons who consent is necessary to pass a clear title to the land being subdivided, and all public easements being offered for dedications, and all acknowledgements thereto, appear on the proper certificates and are correctly shown on the map, both as to consents as to the making thereof and affidavits of dedication where necessary; g-10__ _Improvement Agreement. In the event sewer, water, drainage, grading, paving, or other required improvements have not been completed 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 1.2. 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 City Engineer. Ordinance No. 1430 Exhibit 1 Page 28 4-G-.14. ___Liability Agreement and Insurance. A hold-harmless agreement obligating the subdivider to hold the City and its officers, agents and employees harmless from any liability for damages or claims for damages for personal injury or death to any person, and for injury to property which arise from the operations of the subdivider and /or the subdivider's subcontractors in connection with the subdivision has been filed and accepted by the City. A certificate of insurance reporting to the City the amount of insurance the subdivider carries for the subdividers' own liability for damages or claims for damages for personal injury or death to any person, and for injury to property which arise from the operations of the subdivider or subcontractors in connection with 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; -: - .fees and Deposits. All fees and /or deposits have been submitted and accepted; and Corrections. Any and all corrections and /or additions to the final map have been made and are acceptable to the City Engineer. c Multiple Final Maps Multiple final maps relating to an approved or conditionally approved tentative par-Gel or tentative tr 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. In providing the notice, the subdivider shall not be required to define the number or configuration of the proposed multiple maps. If the subdivider did not provide written notice of its intent to file multiple final maps at the time of the tentative map application was filed, multiple final maps may only be filed with the concurrence of the Director. The 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 multiple maps. Each final map which constitutes a part, or unit, of the approved or conditionally 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 orderly development of the whole 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 Map Acts -and -the Subdivision Code, the Subdivision Manual and any conditions of approval of the tentative map. Upon determination of a complete final parcel er tr-ast-map, + Bepartment shall forward the mn+}er to the Ge innil The & +l the Director shall approve; Cf1TTOTY forward Q the V CI I TQiTTRr,: or de y- disapprove the final map within the time frames established by the Subdivision Map Act. Findings and Deni inn The SeupGs Director shall record 4& -the decision in writing with the findings upon which the decision is based. tentative nnrnel or tentat ive traGt map for the prepo sed subd illision and GounGil _, An Ordinance No. 1430 Exhibit 1 Page 29 approval shall be based upon a findingfind -s that the final map is in substantial compliance with the requirements of the Subdivision Map Act, the Subdivision Code, the tentative parseIer tentative +r.,,. +.map and all conditions thereof. •S - - 0.1 - the SeunGil- approves theln conjunction with Director approval of final map, 4-the City Engineer shall also -have the authority to accept, accept subject to improvement, or reject any offer of dedication. The City GIeFk shall Gertify on the fiRal map the aGtien by the Council. 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 (;E)UnG"!CitV Engineer, the offer of dedication shall remain open and the GetMeil City Engineer may-by r&aek -it on adopted at any later date, and without further action by the subdivider, rescind it-s -the action and accept and open the streets, paths, alleys, rights of- way for local transit facilities, or storm drainage easements, which acceptance shall be recorded in the office of the County Recorder. The City Engineer rr}ay -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 City Engineer Signature. The subdivider shall submit to the City Engineer the original #racin -of4he 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 blueline duplicate. Upon receipt of all required certificates and submittals, the City Engineer shall sign the appropriate certificates and transmit the original map to the G4- Oler-kCounty recorder. 2. Filing with the County Recorder. Upon approval of the final map by the GouncilDire_c -tor, and signature by the City Engineer, the City Clerk shall execute the appropriate certificate on the certificate sheet and shall, subject to the provisions of Section 66464 of the Subdivision Map 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. Ordinance No. 1430 Exhibit 1 Page 30 9326 REVERSION TO ACREAGE a Purpose The purpose of this section is to provide for the submittal and processing of subdivided property reverted to acreage pursuant to the provisions of SeGtien 66499.11 et se ;. of the Subdivision Map Act-an-d, the Subdivision Code and the Subdivision Manual. This section shall apply to final PaFGel and final tFaGt maps. Subdivisions may also be merged and resubdivided without reverting to acreage pursuant to Section 66499.20- 1/2 of the Subdivision Map Act and the Subdivision Code. b Initiation of Proceedings 1--- Proceedings to revert subdivided property to acreage may be initiated by resolution of the City Council or with the submission of a formal pet+tier e #application by all of the owners of record of the property. The petition shall be in a form presGribed by the Gity TET Engineer. Theme Man, 1AI and any other information deemed neGeSSary by the City EngineeF to initiate apd c Contents of Petitioi Applicability and Requirements A complete application shall be submitted to the Department that shall contain the information required by the City's Subdivision Manual and anv other information deemed necessary by the Director or City Engineer to initiate and conduct the proceedings addition be limited te, the fellowing-1 - - : - - Ordinance No. 1430 Exhibit 1 Page 31 _ d S brnott .l of Petition to the City EnninoorApplication Processin AR--A complete application for a reversion to acreage shall be scheduled for a public hearing before the Council following receipt of a recommendation on the matter by the Planninci Commission ^f+ .. 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 which the decision is based. The Council may approve the reversion to acreage, with or without conditions, supported by the findings required by Section 66499.16 of the Subdivision Map Act. The Council shall require as conditions of the reversion: 1. Dedication or offers of dedication for streets, public rights -of -way 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 Map Act or the Subdivision Code; and, 3. Such other conditions as are necessary to accomplish the purposes or provisions of the Subdivision Map Act or the Subdivision Code or necessary to protect the public health, safety or welfare. f Post Approval Procedures 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 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: When reversion becomes effective, all fees and deposits not retained per Section 9326.e (Findings and Decision) must be returned. 2. Filing with the County Recorder. Upon approval of the final map by the Council, and signature by the City Engineer, the City Clerk shall execute the appropriate certificate on the certificate sheet and shall, subject to the provisions of Section 66464 of the Subdivision Map Act, transmit the map, or have an authorized agent forward the map, to the County Recorder. Ordinance No. 1430 Exhibit 1 Page 32 9327 PARCLL MERGERS a Purpose The purpose of this section is to provide for the submittal and processing of a complete application for parcels to be merged in accordance with the Subdivision Map Act, af�d-the Subdivision Code, and the City's Subdivision Manual. b Applicability Fxcept as provided in Section 66451.11 (A) through (F) of the Subdivision Map Act, two (2) 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 general plan, and if all of the following requirements are satisfied: 1. At least one (1) of the affected parcels or units of land is undeveloped with any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure other than an accessory structure which is also partially sited on a contiguous parcel or unit of land. 2. With respect to any affected parcel or unit of land, one (1) or more of the following 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 was not created in compliance with 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 water supply; (d) The parcel does not meet slope stability standards; (e) The parcel has no legal access which is adequate for vehicular and safety equipment access and maneuverability; (f) The parcel's development 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 owner of the affected parcels has been notified of the merger proposal pursuant to Section 66451.13 of the Subdivision Map Act, and is afforded the opportunity for a hearing pursuant to Section 66451.14 of the Subdivision Map Act. For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that the notice of intention to determine status is recorded in compliance with 9327. (Notice of Intention to Determine Status). Subsection 2 shall Ordinance Flo. 1430 Exhibit 1 Page 33 not apply if any of the conditions stated in Section 66451.11(b)(A), r-�B) th_rol.iclhF) of the Subdivision Map 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 Citv G1. 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 owner of record by certified mail, unless the requirement for notice has 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 the Subdivision Code and that, within thirty (30) calendar days from the date the notice of intention was recorded, the owner may request a hearing before the Planning 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 day that the notice is mailed to the property owner. Q. Hearing on Determination of Status The owner of the affected property may file a written request for hearing by the Planning Commission within thirty (30) calendar 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 owner of such hearing by certified mail. The Planning Commission shall consider the matter within sixty (60) days following the receipt of the owner's request, or may be postponed or continued by mutual consent of the Director and the property owner. The Planning Commission shall provide the property owner with an opportunity to present any evidence that the affected property does not meet the requirements for merger specified in the Subdivision Code. After consideration of the evidence 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 of the determination. The determiRatien of the Planning (`ommiSsin shall be mailed te the pFGpeFty GWReF within five (5) days of the date of the Commission's aGtkM-. 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 with the County Recorder by the Director within thirty (30) days of the conclusion of the Commission's action, unless the decision has been appealed in compliance with 9327.f-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 with the County Recorder. Ordinance No. 1430 Exhibit 1 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 (Appeal), and a clearance letter shall be delivered to the owner by certified mail. 'Peal The deGiSion of the Commission shall be Gensidered final URIess an appeal 06 filed-iR approval, is appealable to the . g4. Determination When No Hearing is Requested If the owner does not file a request for a hearing pursuant to 9327b3wit days after the rer eTding of the nGtiSeOfiRteRt+en to a°+�+ae status, the Director n4ay, at any time there ,f +or 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 notice of intention to determine status in compliance with 9327c1 (Notice of Intention to Determine Status). hd R-e �+„ naor..oParcel 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 merged 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 notice 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). 9323 CORRECTION AND AMENDMENT OF MAPS a A- Tentative PaFsel -or Tent^+"eTraGt Maps Prior to final tFaGt OF fiRal PaFGel map approval, the City or the subdivider may request miner amendments to the approved tentative parGel or teRt tive +raGt map, 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. Ordinance No. 1430 Exhibit 1 Page 35 2 Changes in Conditions of Approval Minor Corrections, and Amendments to an Approved Tentative Map 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_, y the subd- ivider or e nZhe f4epa Fm nt'.°, d..�n ini�i 4i�io -- .,r�,.,, �,u «�.,: provided that: 4-. a. No lots, units, or building sites or structures are added; 2:b. The changes are consistent with the intent and spirit of the original tentative map approval; and no resulting violations of the Tustin General Plan, _ • i Code, and applicable Specific Plan, the Subdivision Code, or the Subdivision Map Act. T-he a ndment shall be indiGated on the approved tentative paFGel or tentative traGt •• - ■ traGt Map, OF Genditions of approval whiGh, in the .• .• of the DireGter, are not rninoF, shall be presented to the GFiginal - - shall be sarne as eriginally -d for the appliGable subdivision type. • idJO ' A correction or amendment of a map shall be indicated on the tentative map An approval of a request for minor corrections and amendments shall not alter the expiration date of the tentative map_unless an application for extension is concurrently approved. b Final rnapsMaps 1. After a final . -map is filed in the office of the County Recorder, 4 the map may be amended by a certificate of correction or an amending map_ or-"e ^ri�A�s SpeGified in SeGtiGR 66469 of the Suh-divisien Map for any of the following purposes: (a) 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 Ordinance No. 1430 Exhibit 1 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 impose any 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. MIN�W- -• fferel g - 2, The amending map or certificate or of correction shall be prepared by a registered civil engineer 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 set forth in detail the corrections made 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. Modifications made pursuant to Section 9328b1 (h) this svP +��isn-shall be set for public hearing before the Council consistent with the noticing provisions of 9321. (Public Hearings). The hearing by the Council shall be confined to consideration of, and action on, the proposed modification. Modifications identified in Section 9328b1(a) through (q), shall be reviewed and certified by the City Engineer. 4. The -Upon filing of the amending map or certificate of correction GeFt fied by the City Engineer ,ha ;e- file�+,,,�a-bm„& the County Recorder shall index the names of the fee owners and the appropriate subdivision designation shown on the amending map or certificate of correction in the general index Ordinance No. 1430 Exhibit 1 Page 37 and map index, respectively. Thereafter, the original map shall be deemed to have been conclusively so corrected, and thereafter shall impart constructive notice of all such corrections in the same manner as though set forth upon the original map. PART 3 DEDICATIONS, IMPROVEMENTS AND ENFORCEMENT 9331 DEDICATIONS, RESERVATIONS AND DEVELOPMENT FEES a Dedication of Streets, Alleys, Bicycle Paths and Other Public Rights -of -way or Easements To be consistent with the Circulation Element of the General Ulan 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 land within the -sub diViSiGR needed for real property both on and off site required for public use or benefit including but not limited to streets and alleys (including access rights), drainage, public greenways, parks, bicycle paths, trails, scenic easements, public utility easements, local transit facilities as provided in Section 66476.2 of the Subdivision Map 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 greenways, bicycle paths, trails, public utility easements, and other public easements. Improvements shall be made in accordance with 9332 (Improvements). b Waiver of Direct Access Rights The City may require as a condition of approval of a tentative map that dedications or offers of dedication of streets include a waiver of direct access rights to any such street from any property within or abutting the subdivision. Upon acceptance of the dedication, such waiver shall become effective in accordance with its provisions. c Dedications/Fee Title 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 following purposes: Open space easements, scenic easements or public utility easements. All dedications in fee and grants of easements shall be free of liens and encumbrances except for those which the City, in its discretion, determines would not conflict with the intended ownership and use. The City may elect to accept an irrevocable offer of dedication in lieu of dedication of fee title. d Parkland 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 lieu thereof, or a combination of both, at the option of the City (except as otherwise provided in Government Code Section 66477 , for the purpose of developing new or rehabilitating existing neighborhood or community parks and recreational facilities to serve the subdivision, and in accordance with the standards and formula contained in this section. Ordinance No. 1430 Exhibit 1 Page 38 1. General Provisions (a) Applicability. The provisions of this section shall be applicable to the division of real property defined as a "subdivision" by Section 66424 of the Subdivision Map Act. (b) Exceptions. Park land dedications or fees in lieu thereof shall not be required for the following: (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 new dwelling units are added. (4) Subdivisions containing less than five (5) parcels and not used for residential purposes. (c) Waiver. Parkland dedication foes may be waived by the City Council in its discretion upon the submission and approval of agreements for specific projects designed and guaranteed for low income, senior and handicapped citizen occupants. 2. Standards and formula for land dedication: (a) The public interest, convenience, health, welfare, and safety require that throe (3) acres of usable park land per one thousand (1,000) potential population be devoted to local park and recreational purposes. (b) When the requirements of this section are complied with solely on the basis of the dedication of parkland, the minimum amount of land to be provided shall be computed by multiplying the number of proposed dwelling units by the parkland acres per dwelling unit in accordance with the appropriate density classification in the following table: Dwelling Units Per Gross Acre Average Persons Per Dwelling Unit Parkland Acres Per Dwelling Unit 0 -7 — -- 3.2 -539 .88980102 7.1 -15 2.7-385 2.24 .00920086 15.1 -25 .00650067 Mebmle home Mobile home Parks 2.4-524 .00650067 Source: Tustin General Plan Land Use Element These density ranges, average person per dwelling unit and /or parkland acreage per dwelling unit shall be used to achieve a parkland dedication rate of three (3) acres of parkland per one thousand (1,000) persons unless alternate density ranges, average persons per dwelling unit and /or parkland acreage per dwelling unit are established in an adopted Specific Plan adopted in compliance with Governrnent Code Section 65450 et Ordinance No. 1430 Exhibit 1 Page 39 seq., Disposition and Development Agreement in compliance with California Community Redevelopment l=aw, or other agreement. 3. Fees in lieu of dedication When there is no public park or recreational facility required within the proposed subdivision, the subdivision is less than fifty (50) parcels, or the project is a conversion of an existing apartment complex to multiple -owner 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 value of the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required for dedication. The fair market value shall be determined by a Master Appraisal Institute (AMAMAI) appraiser acceptable to the City and at the expense of the develepersubdivider; 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 would be fully developed to the residential density shown on the tentative map for which the fees are required. If more than one (1) year elapses between the appraisal and recording of the final map, the City will require that a new appraisal be prepared at the expense of the develapef'subdivider. For purposes of this section, the determination of fair market value of a buildable acre shall consider, but not necessarily be limited to, the approval of and conditions of the tentative subdivision map, the General Plan, zoning, property location, off - street improvements facilitating use of the property, and site characteristics of the property. If a subdivider objects to the fair market value as determined by the MAI appraiser, an appeal may be made to the Planning 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 land for park and recreation purposes in subdivisions of fifty (50) parcels or less, where the subdivider proposes such dedication voluntarily and the dedication and land is acceptable to the HaRninn (`nmmissienCity Council. For subdivisions in excess of fifty (50) parcels, the PlanRing GernmissienCity Council may elect to receive a fee in lieu of land dedication. The value of the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required for dedication as determined above. Notwithstanding the foregoing, dedication of land may be required by the City for a condominium, stock cooperative, or community apartment project which exceeds fifty (50) dwelling units, regardless of the number of parcels. 4. Combination of dedication and fees Whenever the requirements of this section are complied with by both the provision of parkland and the payment of a park fee, the amount of the park fee shall be computed by determining the required amount of parkland in accordance with the provision of subsection b-- d_._2, 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 Ordinance No. 1430 Exhibit 1 Page 40 5. Credit for private open space Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, such areas may be credited against the requirement for dedication of parkland, as provided for in subsection d.2, provided the Ptanninq Gemrniss+eeCity Council finds it is in the public interest to do so, and that all of the following standards are met: (a) That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building regulations shall not be included in the computation of such private open space; (b) That the private ownership and maintenance of the open space is adequately provided for by written agreement; (c) That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract subdivision and which cannot be defeated or eliminated without the consent of the PJanniRg-- Ge+ssisn -er -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, including provisions for bicyclists, and location of the private open space land; (e) The facilities proposed for the open space are in substantial accordance with the provision of the Recreational Element of the General Flan, and are approved by the PlaRning Commission City Council; (f) That the open space for which one hundred (103) 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 open spaces" which 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" which are generally defined as tennis courts, badminton courts, shuffleboard courts, or similar hard - surfaced areas especially designed and exclusively used for court games. (3) "Recreational swimming areas" which are defined generally as fenced areas devoted primarily to swimming, diving, or both. They must also include decks, lawn 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 Ordinance No. 1430 Exhibit 1 Page 41 with a minimum of eight hundred (800) square feet of water surface area per pool, together with an adjacent deck and /or lawn area twice that of the pool. (4) "Recreation buildings and facilities" which means facilities designed and primarily used for the recreational needs of residents of the development. Partial credit may be awarded for sites which do not incorporate the required basic elements or are less than one (1) acre when deemed beneficial to the community by the PlanniRg City_Council. Because private common areas meet only a portion of resident needs, the computed credit value shall not exceed twenty -five (26) percent of the otherwise required public land dedication or in lieu fees The determination of the and the arnount Of GFedit shall be final and GenGlusive, unless appealed to the City Council as provided on SeGtien 9321.g is final. 6. Credit for public park and recreational facility improvements. (a) A subdivider may elect to provide improvements to land dedicated for public park or recreational use when a combination of fees and dedications are required. The Planning City Council 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 whether dedicated to the public or in private ownership. 7. Choice of land dedication, improvement, fees, or combination. (a) Procedure. The procedure for determining whether the subdivider is to dedicate, improve, pay a fee, or combination of methods shall be as follows: (1) At the time of filing a tentative map for approval, the subdivider of the property shall, as a part of such filing, indicate whether the subdivider desires to dedicate property for park and recreational purposes, improve the parkland, pay 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 map as submitted. (2) At the time of the tentative tract -map approval, the planning COMMiSSMORCitV Council shall determine as a part of such approval, whether to require a dedication of land within the subdivision, payment of a fee in lieu thereof, accept improvement, or a combination of such methods. (3) Where dedication is required, it shall be accomplished in accordance with the provision of the Subdivision Map Act, Subdivision Code, and Subdivision Manual. Where fees are required the same shall be deposited with the City prior to the approval of the final map. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final map and shall be recorded contemporaneously with the final map. Ordinance No. 1430 Exhibit 1 Page 42 (b) Determination. When land is proposed to be dedicated, the Planning Conn n+ss+onCit�CounciI shall determine the appropriateness of the land to be dedicated based upon the following: (1) The conservation /Open Space /Recreation Element of the City's General Plan; 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 determinati ^n of the Planning GG rnmissian + hether lanr! shall h^ .-1 r,.J i..a +a.J 9 - ° °T�rn -rrrr foes nharned i-i and GenGlusive, unless appealed te the City d Fn- SeGtiGn 9321.g (Anneals provided that inIn no event, may the dedications, amount of fees or value of improvements exceed the subdivider's dedication requirements as set forth in Section 9331.4.2 (Standards and Formula for Land Dedication) unless the subdivider voluntarily agrees. On subdivisions involving fifty (50) lots or less, only the payments of fees shall be required. I "he determination of the 8. Responsibilities and Enforcement (a) It is the responsibility of each property owner who proposes to create residential 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 earliest possible instance of land development planning. Where parkland is to be provided, such provisions shall be included, where applicable, in zone changes, planned community texts and development plans, tentative and final maps, d s and conditional use permits. (b) It is the duty of the Director of Community SeFViGeSParks 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) It is the duty of the Director of Community Development to enforce the provisions of this part that are applicable to the issuance of a building permit. (d) The Director of Gernmunity SeR4c&sParks and Recreation shall prepare a schedule for approval by the r7lanni ^^ �issi^nCity Council, specifying how and when it will use the land or fees, or both, to develop park and recreation facilities. Fees shall be committed within five (5) years of collection. (e) pr' greernent shall be approved by the City prior to reGGrding the final map. 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)) Ordinance No. 1430 Exhibit 1 Page 43 if the fees will be used to construct a public improvement for which the City has established 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. Limitation of use of land and fees. The land and fees received under this section shall be used only for the purpose of providing park and recreational facilities to serve the area from which received, and the location of the land and amount of fees shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision, the community, and the general area from which it is received. e Reservations 1. General Based 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 Land Where 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 the City in accordance with the policies and standards contained in the General Flan or the adopted specific plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically infeasible. The reserved area shall be consistent with the General Plan 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 whose benefit an area has been reserved shall, at the time of approval of the final map- or- �el -map, enter into a binding agreement to acquire such reserved area within two (2) years after the completion and acceptance of all improvements, unless the period of time is extended by the Director upon mutual agreement. 4. Payment to Subdivider The purchase price for the reserved area shall be the market value thereof at the time of the filing of the tentative map plus the taxes against the reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of the reserved area, including interest costs incurred on any loan covering the reserved area. Ordinance No. 1430 Exhibit 1 Page 44 5. Termination If the public agency for whose benefit an area has been reserved does not enter into a binding agreement in accordance with this section, the reservation of the area shall automatically 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 which directly benefit the residents of the subdivision, if (a) the subdivision as shown on the tentative map has the potential for two hundred (200) dwelling units or more if developed to the maximum density shown on the general plan or contains one hundred (100) acres or more, and (b) if the City finds that transit services are or will, within a reasonable time period, be made available to the subdivision. The irrevocable offer may be terminated as provided in subdivisions (c) and (d) of Section 66477.2 of the Subdivision Map Act The pFevisions of this seGtion do Rot 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 4e -into condominium projects, or--stock cooperatives, or community apartment protects, as those terms are defined in Section 1351 of the Civil Code WhiGh GeRsist of the subdovasmon of airspaGe an an exiStiRg apartment building whiGh is more than five (5) years old when no new dwelling units are added. 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 map 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 66484 of the Subdivision Map Act, and in order to implement the Circulation Element of the General Plan and, in the case of bridges, the transportation provisions thereof. 2. Definitions. For the purpose of this section, the following words and phrases shall have the following meanings: (a) "Construction" shall mean design, acquisition of right -of -way, administration of construction contracts, actual construction and inspections. (b) "Major thoroughfare" shall mean a roadway as shown on the Circulation Element of the General Plan whose primary purpose is to carry through traffic and provide a network connecting to the state highway system. 3. Payment of Fees Generally (a) Prier to filing a final map which 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 apportioned to such property pursuant to this section for the purpose Ordinance No. 1430 Exhibit 1 Page 45 of defraying the actual or estimated cost of constructing bridges over, waterways, railways, freeways or canyons or constructing major thoroughfares. (b) At the time a building permit is issued for construction on any property within 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 waterways, railways, freeways or canyons or constructing major thoroughfares, unless such fees have been paid pursuant to subsection (c)(1) of this section. (c) Notwithstanding the provisions of subsections 3(a) and 3(b) of 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 adoption of the boundaries of the area of benefit. (2) Payment 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; provided 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 Nearing. Prior to establishing an area of benefit, a public hearing shall be held by the City Council at which time the boundaries of the area of benefit, the 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. Notice of the public hearing shall be given consistent with the provisions of Government Code Section 9304.8&65091 and shall include preliminary information related to the boundaries of the area of benefit, estimated cost and the method of fee apportionment. 6. Amount. The amount of fees and the areas of benefit established pursuant to this section may be established by resolution of the City Council. 7. Exemptions. Notwithstanding the provisions of subsection 6, 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 land; provided that the total value, as determined by the Building Official, of all such alteration, enlargement or construction completed within 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 existing 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 Un+ferr4- California .Building Code. Ordinance No. 1430 Exhibit 1 Page 46 (b) The following accessory buildings and structures: private garages, children's playhouses, radio and television receiving antennas, windmills, silos, tank houses, shops, barns, coops and other buildings which are accessory to one (1) family or two (2) family dwellings. 8. Protest (a) At any time not later than the hour sot 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 extent of the area to be benefitted by the improvements or against both of them. Such protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify such property, and, if the signers are not shown on the last equalized assessment roll as the owners of such property, must contain or be accompanied by written evidence that such signers are the owners of such property. All such protests shall be delivered to the City Clerk and no other such protests shall be considered. Any protest may be withdrawn, in writing, by the owners making such protests, at any time prior to the conclusion of the public hearing. (b) If there is a written protest filed with the City Clerk by the owners of more than one- half ( 1/2) 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 ( 1/2) 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 protest shall 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 within the subdivision and that those improvements be dedicated to the public. However, when such supplemental size, capacity, number or length is solely for the benefit of property not within the subdivision, the City shall, subject to the provisions of Sections 66486 and 66487 of the Subdivision Map Act, enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements. 2. The City Council shall determine the method for payment of the costs required by a reimbursement agreement, which method may include, but shall not be limited to, the following: (a) The collection from other persons, including public agencies, using such improvements for the benefit of real property not within the subdivision, of a reasonable charge for such use. (b) The contribution to the subdivider of that part of that cost of the improvement(s) that is attributable to the benefit of real property outside the subdivision and the levy of a Ordinance No. 1430 Exhibit 1 Page 47 charge upon the real property benefitted to reimburse the City for such costs, together with interest thereon, if any, paid to the subdivider. (c) The establishment and maintenance of local benefit districts for the levy and collection of such charge or costs from the property benefitted. 3. No 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 with the provisions of Government Code Section 65091 and the City Council finds that the charge, area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof. 4. In addition to the notice required by Government Code Section 65091, written notice of the hearing shall be given to those who own property within the proposed area of benefit as shown on the last equalized assessment roll, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Drainage fees [Reserved] Solar Access Easements [Reserved] k Interim Classroom School Facilities 1. Authority, Purpose and Intent (a) This section is enacted pursuant to the authority of Section 65970 et seq. of the Government Code for the purpose of providing interim school facilities to alleviate conditions of overcrowding caused by new residential development. 2 [Reserved] 3. Action by School Districts. The governing body of AR-an affected School District(s) may, from time to time, adopt a 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. Ordinance No. 1430 Exhibit 1 Page 48 (b) That all reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible method for reducing those conditions exists. 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. Action by City Council. The notice of findings el- dis 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, Of it GenGUrs 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 ;n }ham fin,�in ^� moo+ f,, ±h in ±ho ,decl�r +tivn of imn +n+ eii +hhnlrl approval ef, or order the appropriate OffiGer, employee or within the Gity-ta withhold approval residential development within the " tteRdanno area of-the , ........�. ....... ....�..., .. �.... u u vv area That there are specific overriding fiscal, economic, social or environmental factors which in the judgment of the City Council would benefit the City, thereby Mustifying 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. (W The decision concerning whether to require the dedication of land, payment of fees of an appropriate combination shall be determined after consultation with the affected school district(s) concerning the needs of the school district(s) as they relate to the impacted school or schools. {� The amount of any fee shall be in accordance with the provisions of Chapter 4.9 (commencing with Section 65995) of the Government Code, and shall be prescribed by resolution of the City Council, and shall be collected at the time of issuance of a building permit. Ordinance No. 1430 Exhibit 1 Page 49 6 5. Use of Fees and Land- Accounting (a) The school districts shall use the land and /or fees solely to alleviate the conditions of overcrowding within the affected attendance area. M The school districts shall annually provide to the City Council the report required by Section 65978 of the Government Code. If the report has not been filed as required, there shall be a waiver of any performance 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 7. 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 lawful reason, including, but not limited to, the impact that such development may have on a school or schools within the school districts which cannot be alleviated by the provisions of this section. Permanent Classroom Facilities The City may not require, as a condition of approval of a tentative map 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 53080 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 Undergrounding or Relocation. Whenever the City imposes as a condition to its approval of a tentative map a requirement that necessitates replacing, undergrounding, or permanently or temporarily relocating existing 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. All of these costs shall be billed to the subdivider directly by the telephone corporation or cable television system after they are incurred, and shall 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 the City be obligated to pay such reimbursement. 9332 IMPROVEMENTS a General The subdivider shall construct all required improvements, both on and off -site, in accordance with the standard engineering specifications and other approved standards as provided by this chapter and by the City Council's resolution or resolutions establishing such standards. Ordinance No. 1430 Exhibit 1 Page 50 No final map shall be approved by the Directc 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. All improvements as may be required as conditions of approval of the tentative map or by City ordinance or resolution, together with, but not limited to, the required improvements set forth below shall be required of all subdivisions. Requirements for construction of on -site and off -site improvements for subdivisions of four (4) or less parcels shall be noted in the parcel map, or waiver of parcel map or the subdivision improvement agreement recorded prior to or concurrent with the parcel map. Completion of improvements shall be in accordance with 9332.k (Completion of Improvements). 2. Frontage Improvements. The frontage of each lot shall be improved to its ultimate adopted geometric section, including street structural section, curbs, sidewalks, driveway approaches and transitions. 3. Storm Drainage. Storm water 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 would 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 Sewers. Each unit or lot within the subdivision shall be served by an approved sanitary sewer system in accordance with the applicable provisions of this Code. 5. Utilities. Each unit or lot within the subdivision shall be served by gas, electric, telephone and cablevision facilities. 6, Underground Utilities. 'f he 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 within the subdivision and along peripheral streets shall be placed underground except those facilities exempted by Public Utilities Commission regulations. Undergrounding shall be required for overhead lines on either side of peripheral streets. (b) The devel3,W§ubdivider may request that the undergrounding requirement along peripheral streets be waived. The City qii ice i may, at 4s-his or her discretion, accept a fee in lieu of the undergrounding. The rnount of the fee shall be determined by the vity Engineer and shall-be II h determined � �, . .-, � upon a determination that the amount 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) Ordinance No. 1430 Exhibit 1 Page 51 (c) Undergrounding requirements may be waived or modified by the City Council only upon finding: (1) The subdivision is within an area where existing utilities have not been undergrounded and that deferral will be allowed since undergrounding is impractical due to physical constraints, or the surrounding neighborhood is absent of similar improvements; and (2) Overhead utilities will have no significant visual impact. (d) If the undergrounding requirements are waived as allowed by findings (c)(1) and (2) above, the in -lieu 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 Council for future undergrounding of utilities throughout the City. 7. Fencing. Each parcel or lot within the subdivision that is adjacent to property containing a public facility shall have an approved fence or wall adequate to prevent unauthorized access between properties. 8. Other Improvements. Other improvements including, but not 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 with this Code, the General Plan and the City standards and specifications. 9. Off-Site Improvements. 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 allow construction, the City shall, within one hundred twenty (120) calendar days of recording the final map, acquire by negotiation or commence condemnation of the land. If the City fails to meet the one hundred twenty (1 20) calendar day time limit, the condition for the construction shall be waived. Prior to approval of the final map, 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 off-site improvements. c Deferred Improvement Agreements Subdivisions of Four (4) of Less Parcels. The frontage improvements along peripheral streets may be deferred when deemed necessary by the City Engineer. When improvements are deferred, the subdivider and /or the owner of the real property shall enter into an agreement with the City, in form acceptable to the City Engineer and City Attorney, for the installation of all frontage improvements at a time in the future specified by the- Gityin the agreement. The agreement shall provide for the following: Ordinance No. 1430 Exhibit 1 Page 52 (a) Construction of improvements shall commence within ninety (90) calendar days of the receipt of the notice to proceed from the City and shall be completed within the time specified by Section 9319.99332k. (b) That in the event of a default by the subdivider and /or owner, the City is authorized to cause construction to be done and charge the entire cost and expense to the subdivider and /or owner, including interest from the date of notice of said cost and expense until paid. (c) That the agreement shall be recorded with the County Recorder at the expense of the subdivider and /or owner and shall constitute notice to all successors and assigns of title to the real 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 owner, the subdivider and /or owner agree to pay all costs incurred by the City, successfully enforcing the obligation including reasonable attorney's fees, and that the same shall become a part of the lien against the real property. (e) The terms "subdivider" and "owner" shall include, respectively, not only the subdivider and the present owner of the real property but also heirs, successors, executors, administrators and assigns thereof, it being the intent of the parties that the obligations undertaken shall run with the real property and constitute a lien against it. (f) Any other improvement security as required by Section (g) Any other provisions required by the City as reasonably necessary to effectuate the purposes and provisions of the Subdivision Map Act and this Code. The agreement shall not relieve the subdivider or owner from any other specific requirements of the Subdivision Map Act, this Code or law. 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. Where a remainder is made part of a final map, the subdivider may enter into an agreement with the City to construct improvements within the remainder at some future date and prior to the issuance of a permit or other grant of approval for the development of a remainder. The improvements shall be at the subdivider's expense. In the absence of such an agreement, the City may require fulfillment of the construction requirements within a reasonable time following approval of the final or parcel -map and prior to the issuance of a permit or other grant of approval for the development of the remainder, upon finding that fulfillment 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. Ordinance No. 1430 Exhibit 1 Page 53 d Design 1. General. The design and layout of all required improvements, both on -site and offsite, private and public, shall conform to generally accepted engineering standards, standard engineering specifications, and Subdivision Map Act and applicable provisions of this code. 2. Energy Conservation. The design of a subdivision for which a tentative map is required shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. Examples of passive or natural heating opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east -west alignment for southern exposure and to permit orientation of a structure to take advantage of shade or prevailing breezes. In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, contour, configuration of the parcel to be divided, and other design improvement requirements. The provision shall not result in reducing allowable densities, or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed. The requirements of this subsection do not apply to condominium projects which consist of the subdivision of airspace in an existing building and no new structures are added. For the purpose of this subsection, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. 3. Cable Television Service. The design of a subdivision for which a tentative nap-- er--parse4 map is required shall provide one (1) or more City franchised cable television systems an opportunity to construct, install and maintain, on land identified on the map as dedicated or to be dedicated to public utility use, any equipment necessary to extend cable television services to each resid,- nt+al- 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 All lots or parcels 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 Council 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 showing the alignment, width, grade, and material specifications of any proposed public or private street, the topography and means of access to each lot, and the drainage, sewer and water service and fire protection for the lots served by such private street(s). Private street(s) shall be constructed in accordance with standard engineering specifications and any other applicable plans and specifications of the City as approved by the Director of Community Development. Construction of private street(s) shall be Ordinance No. 1430 Exhibit 1 Page 54 completed prior to the completion of the construction and /or occupancy of the lots. The subdivider shall be required to provide a feasible method for the maintenance of such private streets, which method shall be subject to the prior approval of the Director of Community Development Reserved strips, or non - access at the end of streets or at the boundaries of subdivisions, shall be dedicated unconditionally to the City when required by the City. f Improvement Plans GeneFal. Improvement plans shall be prepared under the direction of and must be signed and sealed by a registered civil engineer licensed by the State of California. Improvement plans shall include, but shall not be limited to, all improvement: required pursuant to Section 93-19 8�9332b. • • M MEN - M _ s r . r • • •• _ _ •• _ _ r j mimin 9 WIN_ NINE \ The form of all plans shall conform to ad4Wona 4-all requirements identified in the Subdivision Manual and as may be established by the City Engineer. The final form of all plans shall be approved by the City Engineer. Ordinance No. 1430 Exhibit 1 Page 55 x.• x ._ Tr e. ' x - - - -- - - -- Ordinance No. 1430 Exhibit 1 Page 56 `f -Warranty by the-subdivider adjanonf properties. -3t 5. Paiimon+ of inspeGtion 1 6. PaymeRt of in lieu- feae-s for undergrounding of utilities of peripheral streets. 7. Pay meR of plaRned 8. 1—prevernent secuFity as by SeGtmGn 9310.08. required 9. failures }hoir or and Gauses. 10 Release and inMOmnifir afinn -r the Gity from liability OnGurred in TOTCG�v..+vv u� � VU�ip� all GenneGfien attorneys' development and of all reasonable fees that the with the City I . by payment beGause of �r(�(`��I"ilnn aYlClnn fYnm +ho development r y .y 1lvlll 111V uVYViop,�.�.,T 1 1 Any other deposits, fees ' 1 OF Genditiens as required reselufion and as may be rJ by the City Gnninoor City erdaRanGe o effeGtuate the 12. Any other provisiens required by the City as reasORably neGessary to p9-SeS --&Fly IFS- -Code. y� 1-3. MOR{amentatienn ttinp cllhrJii�iivr�invrni- Ordinance No. 1430 Exhibit 1 Page 57 Improvement Security 1. Any improvement agreement, contract or act required or authorized by the Subdivision Map Act or this chapter, for which security is required, shall be secured in accordance with Section 66499 et seq. of the Subdivision Map Act and as provided below. No final rnap-Gppar-sel map shall be signed by the City Engineer or recorded until all improvement securities required by this section have been received and approved. 2. The form of security shall be one (1) or, the combination of the following at the option and subject to the approval of the City (a) Bond or bonds by one (1) or more duly authorized corporate suFeticcres. Duly �authorized- EOrpora e sureties m. st be admitted ted sureties. Tbessureties in the form of fC -bend or bonds shall be -In aG^orden with SeGti lns 66499 1 664,OQ 7 66499 3 -c�v � vT��vTU Iry and-036499.4 of prescribed by the Subdivision Map 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 SeGtk8n 6649 -9--ef the Subdivision Map Act. 3. Amount of Security. A performance bond 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 4 tone hundred percent ( %) of the estimated construction cost shall be required to guarantee payment to subdivider's contractor, subcontractors, and to persons furnishing labor, materials or equipment for the construction or installation of improvements. As a part of the obligation guaranteed by the security and in addition to the full 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 payment bond shall not be the same. The estimate of improvements costs shall be as approved by the City Engineer and shall provide for: (a) Not less than five percent (6 %) nor more than ten percent (10 %) of the total construction cost for contingencies. (b) increase for projected inflation computed to the estimated midpoint of construction. (c) All utility installation costs or a certification acceptable to the City Engineer from the utility company that adequate security has been deposited to ensure installation. M =1 W-T.1 . NOUN - WWWWWWO .1 •s1 Ordinance No. 1430 Exhibit 1 Page 58 ^. Warranty Security. Upon acceptance of the subdivision improvements by the City, the subdivider shall provide security in the amount as required by the City Engineer to guarantee the improvements against any defective work or labor done or defective materials used in the performance of the improvements throughout the warranty period which shall be the period of one (1) year following acceptance of the improvements. The amount of the warranty security shall not be less than ten percent (10 %) of the cost of the construction of the improvements, including the cash bond which shall be retained for the one (1) year warranty period. Reduction in Performance Security. The City Engineer may authorize in writing the release of a portion of the security in conjunction with the acceptance of the satisfactory completion of a part of the improvements as the work 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; however, in no event shall the City Engineer authorize a release of the improvement security which would reduce security to an amount below that required to guarantee the completion of the improvements and any other obligation imposed by the Subdivision Map Act, this code or the improvement agreement. Release of Improvement Security (a) The performance security shall be released only upon acceptance of the improvements by the City Engineer and when an approved warranty security has been filed with the City Engineer. If a warranty security is not submitted, performance security shall be released twelve (12) months after acceptance of improvements and correction of all warranty deficiencies. (b) Security given to secure payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment may, six (6) months after the completion and acceptance of the improvements by the City be reduced to an amount equal to one hundred twenty -five percent (125 %) of the amount of all claims therefor filed with the City. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. (c) The warranty security shall be released upon satisfactory completion of the warranty period, provided: (1) All deficiencies appearing on the warranty deficiency list for the subdivision have been corrected. (2) Not less than twelve (12) months have elapsed since the acceptance of the improvements by the City +h_ _[Reserved] }i 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. Ordinance No. 1430 Exhibit 1 Page 59 Construction shall not commence until all required improvement plans have been approved. All improvements are subject to inspection in accordance with the City's approved specifications. Completion of Improvements 1. Subdivisions of Five or More Parcels. The improvements for subdivisions of five (6) or more parcels shall be completed by the subdivider within twelve (12) months, or such later time as approved by the City Engineer, not to exceed thirty -six (36) months, from the recording of the final map, unless an extension is granted by the City Council. Should the subdivider fail to complete the improvements within 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 Four 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 within the subdivision is applied for. The completion of the improvements may be required by a specified date by the City when the completion of the improvements are found to be necessary for the public health or safety or for the orderly development of 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 within the subdivision. 3. Extensions. The completion date may be extended by the City Council upon written request by the subdivider and the submittal of adequate evidence to justify the extension. The request shall be made not less than thirty (30) calendardays prior to expiration of the subdivision improvement agreement. The subdivider shall enter into a subdivision improvement agreement extension with 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 when required by the City Engineer; (b) Revised improvement construction estimates to reflect current improvement costs as approved by the City Engineer; (c) Increase of improvement securities in accordance with revised construction estimates; (d) Inspection fees may be increased to reflect current construction costs but shall not be subject to any decrease or refund. Ordinance No. 1430 Exhibit 1 Page 60 The City Council may impose additional requirements as recommended by the City Engineer or as it may deem necessary as a condition to approving any time extension for the completion of improvements. The costs incurred by the City in processing the agreement shall be paid by the subdivider at actual cost plus twenty -five percent (25 %) of such cost for overhead expenses. 4. As -Built Plans. Revisions for as -built drawings are to be made in the Engineering Division offices. The subdivider or engineering representative may request duplicate mylars for the subdivider's use. Acceptance of Improvements 1. With respect to all subdivisions, when all improvement deficiencies have been corrected and as -built improvement 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 public improvements have 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 M--- OF M--- map, the City Clerk shall file an acceptance of public improvements with the County Recorder. 3. Acceptance of a Portion of the Improvements. When requested by the subdivider in writing, the City Engineer may consider acceptance of a portion of the improvements. Such improvements will 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 subdivider from any other requirements imposed by this article. 9333 ENFORCEMENT a PFohibmtionGeneral S . - r 1/ Ordinance No. 1430 Exhibit 1 Page 61 Ordinance No. 1430 Exhibit 1 Page 62 Ems.- - - - - - C. OWN 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 complies with the provisions of the Subdivision Map Act -sand the Subdivision Code 2. If it is determined that the real property complies with 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 Map Act the Subdivision Code, and the Subdivision Manual. 3. If it is determined that the real property does not comply with the provisions of the Subdivision Map Act,-or-the Subdivision Code, or the Subdivision Manual, the Director may, as a condition to granting a Certificate of Compliance, impose conditions ensure compliance . Upon the d+restor making such determination and establishing such conditions, the Director shall file a Conditional Certificate of Compliance with the County Recorder. Such certificate shall serve as notice to the property owner or vendee who 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. 4. A recorded final map-sr- parcel -map 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 map prepared pursuant to Section 66499.52(b) of the Subdivision Map Act shall constitute a certificate of compliance with respect to the parcels of real property described therein. Ordinance No. 1430 Exhibit 1 Page 63 _ - - Ordinance No. 1430 Exhibit 1 Page 64 Indemnification /Action Against Map Approvals In accordance with the provisions of Government Code Section 66474.9(b), the subdivider shall defend, indemnify and hold harmless the City, its officers, employees and agents from any claim, action, or proceeding to attack or set aside the map approval. PART 4 DEFINITIONS 9341 DEFINITIONS. Words and phrases used in this Chapter are as defined in the Subdivision Map Act and Chapter 2 (Zoning) of Article 9 of this Code unless set forth below. If any word or phrase is not defined, the dictionary definition shall prevail. "Acreage" shall mean any parcel of land which is not a lot, as defined in this chapter, and those areas where 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 +ho 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 required . "Amending Map" shall mean a map filed in accordance with the Subdivision Code to correct or amend a recorded final map "Block" shall mean the area of land within a subdivision, which area is entirely bounded by streets, highways 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 Clerk" 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 otherwise specified. The City Engineer may delegate land surveying functions to a person authorized to practice land surveyinq either with City staff or through a City- contract "Community apartment project" shall have the same meaning as provided in Section 1351 of the Civil Code. Ordinance No. 1430 Exhibit 1 Page 65 "Condominium" shall have the same meaning as provided in Section 1360 of the Civil Code. "Council" shall mean and refer to the City Council of the City of Tustin as established by City Ordinance. "County" shall mean the County of Orange. "County 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 ownership of existing real property together with a separate interest in the space within residential, industrial or commercial buildings. "Day" shall mean a calendar day unless otherwise specified. '[�f?Eiara i9 F} of impact" shall mean adopted by a d aGGGFdanGe with the indinnc and other req iiromeRts of SeGt*GR 65971 of the Government Cod-e-. t Cede. "Department" shall mean the Community Development Department of the City of Tustin unless otherwise specified. "Director" shall mean the Director of the Community Development Department unless otherwise specified. "Easement" shall mean a nonpossessory right, interest or privilege that 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 (CEQA), State Public Resources Code Sections 21000 et seq., and State and City CEQA 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(a) "Fair market value" shall mean the value of property as determined by the Advisory Agency based upon appraisal by an MAI appraiser acceptable to the City and at the expense of the develo- persubdivider. The determination of "Fair Market Value" shall consider the value of a buildable acre of land at the time of development. All costs of appraisal shall be paid by the develepersubdivider prior to the recordation of any final map or the issuance of any building permit. "Final map" shall mean a final tract or parcel map showing a subdivi-sion ef five (5) OF more paFG81S foF whiGh a tentative and fiRal map are required by the Subd vision Map AGt and Ordinance No. 1430 Exhibit 1 Page 66 this Chanter 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 moan the Government Code of the State of California. "Improvement" shall moan streets, sidewalks, storm drainage facilities, water and sower 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, highways, ways and easements, as are necessary for the general use of the lot owners 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 which, 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 with, or implementation of, the General Flan, or any applicable specific plan. Improvements shall be constructed in accordance with standard engineering specifications, where applicable. "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 car - parcel -reap, or by such other 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 modification of as existing a lot boundary line or ether -,djus +men +lines between two or more existing adjacent lots or parcels where a greater or fewer- number of parcels than originally existed is not created. "Merger" shall mean the joining of two (2) or more contiguous parcels of land under one (1) ownership 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 showing a subdivision of four (4) or less parcels as required by the Subdivision Map Act and 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. "Park" shall mean a parcel, or contiguous parcels of land which is owned, 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 designates parks iR the fGIIGWdRg Glass the Tustin General Plan and the Subdivision Manual. Ordinance No. 1430 Exhibit 1 Page 67 - - -• - MWIZZ -me - ftln�l J06MZ - - - ae - - - r - - H. - M11 - vme u__ •• - - - Mid 11=21."t 22MOVIUMM"I - - • - - - - - - • • - • 511M.-H el - - • - - - - - •'r. - -• N n neGessary by the City to develop land for park and f ,fit be limited to grading, "Person" 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 county, municipality, district, or other political subdivision, or any other group or combination acting as a unit. "Planning Commission" shall mean and refer to the Planning Commission of the City of Tustin as established by City Ordinance. "Remainder" shall moan that portion of an existing parcel which 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 shown on the required map as part of the area surrounding the subdivision. A remainder of five (5) acres or more need not be shown on the map and its location need not be indicated as a matter of survey, but only by deed reference to the existing boundaries of the remainder. "Right -of -way" shall mean a specifically defined area or strip of land, either public or private, on which an irrevocable right of passage or use has been recorded. "Standard engineering specifications" 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. Ordinance No. 1430 Exhibit 1 Page 68 "Stock cooperative" shall be defined as provided in Section 1361 of the Civil Code. r 1104... 41 n__:_I- _ -_"l "Street -- Private" shall mean any street, access way, or the like, lying in whole or in part within a subdivision for which dedication and ownership is privately hold 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 which the County duly accepted and regularly maintained prior to the incorporation of the City, or upon which public funds have been expended for improvements or rights -of -way used by the public generally. "Subdivider" shall be as defined in the Subdivision Map Act. "Subdivision" shall be as defined in the Subdivision Map Act. "Subdivision Map Act" shall mean the Subdivision Map Act of the State of California as provided in Government Code Sections 66410 et seq., inclusive. AiliiACU MiE-N, PLANNOMG COPW MISSION INPUT/STAFF GEC SPONSF�S 1. Final Map Approval - Please elaborate on the process that some other cities follow where no approval is needed for final maps (after the tentative map has been approved by Planning Commission and City Council). Clarify conditions for changes that require Planning Commission and City Council approval. Explain how further land use changes are approved by the appropriate governing bodies. Once Tentative Map approval is received, staff works with the project engineer and surveyor to ensure that the Final Map meets all Tentative Map conditions of approval and the Subdivision Map Act. The Planning Commission is not involved with Final Map review or approval. The subdivision process involves the preparation of technical and detailed maps /parcel descriptions. Private, County and City engineering, planning, and survey professionals work to complete a work product that complies with the Subdivision Act, County and City requirements. Currently, Tentative parcel or tract maps are presented to the Planning Commission and City Council with technical conditions of approval intended to receive Final Map approval. Once these technical issues are addressed to the satisfaction of staff, the Map is forwarded for approval by the Tustin City Council. The proposed amendments are comprehensive and are part of the Community Development Department's continuing effort to implement Tustin City Council policy direction by making government processes and procedures more streamlined. Approval of a Final Map is not discretionary, but is ministerial if all Tentative Map conditions of approval and the Subdivision Map Act have been met. Only the Tentative Map process (usually concurrently considered with other discretionary development applications) is a discretionary action. Even though Final Maps are ministerial actions, they are currently given a higher level of scrutiny and are processed differently than any other discretionary application. No discretionary Comments Response application (i.e. CUP, Variance, Design Review, etc.) is approved by the City Council twice. Such applications are approved with conditions that staff are empowered to enforce prior to final approval. The Tustin City Code mandates that projects involving multiple discretionary actions be packaged for one - -time consideration by the approving bodies. Applicants may not piecemeal project approvals. 2. Guidelines for Development — Page 3, Chapter 3, 9311.g.2.h — should there be a similar provision for standards developed for a specific development or is this covered under g.3.b? (such as different street widths, sidewalk provisions, etc.) 3. Engineering Approval — should page 3, Chapter 3, 9311.3.f [Director of Community Development 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] be shifted to 2.i [City Engineer responsibilities]? The proposed Ordinance would make the subdivision process like other discretionary actions by empowering staff to enforce City Council approved Tentative Map conditions and is supported by the California Subdivision Act and the California Permit Streamlining Act. The proposed streamlined approach would eliminate the delays associated with the current requirement for staff to schedule and report to the City Council that all of the technical issues associated with Tentative Map have been met. Public and private street standards are nearly identical. The City Engineer is responsible for preparing and enforcing design and construction standards for public City streets (9311.g.2.h). The Director of Community Development is responsible for preparing and enforcing design and construction standards for private property streets (9311.g.3.b). No. One, primary reason for the proposed amendment of the Subdivision Ordinance was to bring the processing of all private development applications under the purview of the Community Development Department. As previously mentioned, many development projects involve multiple discretionary applications which, under law, may not be bifurcated. The current Subdivision Ordinance's assignment of some subdivision processing to the Public Works Comments Response f— -, Department is contrary to this requirement and the establishment of a single point of communication facilitates processing of all subdivision applications. The City Engineer must determine that subdivision maps and lots are in conformance to the Subdivision Map Act and Code as well as execute the final documents. The Public Works Department has reviewed the proposed Ordinance and is in support of the proposal. _0 Director and Citv l_neineer Authoritv Page 28 and 29 identifies conditions where the Director approves the map but only the City Engineer can sign s how are these authorities and responsibilities clarified to avoid overlap? 5. Definition of Substantial and Minor Amendments =- provide definitions for these terms as they related to the Tentative Tract Map under page 34, Section 9328.a.1 and 2 The Public Works Department and City Engineer are solely responsible and knowledgeable for determining when a subdivision map complies with the technical filing and recording requirements of the County. However, the oversight of multiple discretionary applications (i.e. Design Review, CUP, and subdivision map), with interrelated conditions of approval, is best managed by the Community Development Department. The proposed Ordinance would make the Community Development Department the sole, responsible entity for formally informing the applicant of final project approval (including subdivision maps) once all of the technical issues have been resolved to the satisfaction of the City Engineer, and all related conditions of approval have been met. Public Works and Community Development Department coordination will continue to occur. The term substantial compliance means that the Final Map essentially mirrors the Tentative Map approved by the Tustin City Council. The tart?? is not defined in the Subdivision Map Act; however, staff routinely makes such determinations for a wide range of discretionary approvals. If a minor modification meets the spirit and intent of the original approval, staff would approve the modification. More significant changes are those that really depart from the original approval, in Comments Response which case the matter would be directed back to the Tustin City Council for deliberation. 6. Park and other Rates — Please explain why the rates are changing on page 38, section 2.b. The "Average Persons Per Dwelling Unit" number identified in the current code's Land Dedication Table was not updated with the adoption of the Land Use Element in 2001 and is out of date. The City's formula for park land dedication is dependent upon the population per 1,000 persons but is calculated based upon "Parkland Acres per Dwelling Unit." The Land Use Element of the Tustin General Plan indicates that the population per dwelling unit increased from the last update, so the Parkland Acres per Dwelling Unit also increased incrementally. For example, the low density calculation (0 -7 du /ac) changed as follows: CURRENT CODE (Old Land Use Info): 3 acres per 1,000 population = .003 X 3.25 persons per dwelling unit = .0098 parkland acres /d.u. PROPOSED CODE (Current Land Use Info): 3 acres per 1,000 population = .003 X 3.39 persons per dwelling unit = .0102 parkland acres /d.u. 7. Bridge and Maior Thoroughfare Program — Yes. The City has adopted and collects fees to is this the same as the TCA program for the offset development impacts associated with the toll road system? Please clarify how this Transportation Corridor Agency bridge and section relates on page 44, section g. thoroughfares. 8. T USID — is the TUSD okay with the text on pages 47 through 49? All California school dictrirtc ara rom6rcrl to comply with Government Code Section 65971 which identifies findings that a school district must make to notify a City Council that it does not have the facilities to accommodate students generated from a proposed new development. If an affected school district makes such findings ( "supported by clear and convincing evidence "), 9. Are the edits to the Subdivision Manual for parcel creation and such subject to review or at least annual conveyance to the Planning Commission the City may only approve the development project with special developer fees /dedication of land, or by adopting findings that overriding factors exist that justify approval of the development. The proposed amendment simply expands upon existing Subdivision Code language to clarify state law in this matter. Yes. 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