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HomeMy WebLinkAbout02 Subdivision Ordinance• q -� AGENDA REPORT MEETING DATE: JULY 9, 2013 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT ITEM ,!,� 2 SUBJECT: CODE AMENDMENT (CA) 2013002 (ORDINANCE NO. 1430) AMENDING THE T USTIN SUBDIVISION CODE (ARTICLE 9, CHAPTER 3 OF THE TUSTIN 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 T ustin'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 and 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 1951, with the last specific update occurring on February 18, 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 PC Report July 9, 2013 Subdivision Code Update Page 2 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. 1130. 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 Line ,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 11 ine Adjustment or final Map. PC Report July 9, 2013 Subdivision Code Update Page 3 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. Streamline and Expedite Subdivision Processing Tentative and Final Map Approval e 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. The proposed amendment would only require Tentative Map approval at the Planning Commission level. 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 Planning Commission or City Council to report that all conditions have been met and to request final approval of the project. For these types of discretionary approvals, a building permit, occupancy permit, business license, etc. may be issued to complete the project after all conditions of approval have been satisfied. PC Report July 9, 2013 Subdivision Code Update Page 4 Section 66468(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 Planning Commsision- 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). • 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 Div4sier4- 8pplication Decision Body Appeal Body Code Interpretation Director Director Planning Commission Plannin Commission Certificate of Compliance —ap Final M s Cound'Director GnuAno'Director cornmos aaDirector Cit Council- --City Council --Planning Commission GeuasitPlannin Commission Lot Line Adjustments _ Parcel Mergers Reversion to Acreage Tentative Maps, including Vesting G#y-Seeesil PIanning —City Council Commission VeStiR gExtension of Tentative Map Acceptance of Dedications or Director Planninq Commission' Improvements Subdivision Code Waiver City Engineer Planning Commission' The Pin —inn Director Planning Commission ��,,,, �a uc� iaivu nidy Liu dNNeaiea to the l,ouncii. z The Planning Commission shall make recommendations to the City Council. PC Report July 9, 2013 Subdivision Code Update Page 5 COMMISSION INPUT AN® STAFF RESPONSE Following the provision of the proposed amendment of the Tustin Subdivision Code to the Planning Commission on May 28, 2013, several questions were received by staff. Input received and staff responses to these items are provided in Attachment 2. PUBLIC INPUT The City provided copies of the draft Ordinance to the Building Industry Association of Southern California, Orange County Chapter (BIASC), the local development community, the Chamber of Commerce, and the Tustin Unified School District (TUSD). The City received comments and support for the proposed amendment from a developer and from the BIASC. Standard Pacific provided an email indicating their support for the proposed amendment (Attachment 3). The BIASC appreciated the City's effort in streamlining the map process which ultimately saves a significant amount of time benefitting the development community. The BIASC also provided comments /questions attached hereto as Attachment 3 and revisions have been made in response to their comments. No comments were received from the Chamber of Commerce or the TUSD. It should be noted that the draft Ordinance accommodates for school facilities as required by the Subdivision Map Act. ENVIRONMENTAL ANALYSIS Proposed Ordinance No. 1430 is not a "project" under the California Environmental Quality Act ( "CEQX) pursuant to Section 15378(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 4). The cities surveyed were selected because of their similarity to Tustin or because they process a significant number of subdivision applications. It should be recognized 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 1981. Cities with the changes proposed have reported to staff reductions in processing time which has led to developer satisfaction and business attraction. Staff believes that implementation of proposed Ordinance No. 1430 will have a significant, positive impact on facilitating and streamlining the subdivision process within the City of Tustin. The City Attorney has reviewed and approved the proposed ordinance amendment. A copy of the May 28, 2013, staff report to the Planning Commission and proposed code amendment was also provided to the Tustin Chamber of Commerce, representatives of the Building Industry, and the Tustin Unified School District. PC Report July 9, 2013 Subdivision Code Update Page 6 L.. O gdon, , AICP 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: Public Input Attachment 4: Community Survey S:1Cddlperepod\subdivision ordinance2.doc ATTACH PiiilE IIT G3IfE OL U ION NO. 4217 EXHUT Q: ORDINANCE E MO. 14300 (PROPOSED APUP- WOMEN a OF F" E 8MO °I E-3 � 0 N c0FL),E) RESOLUTION NO. 4217 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE TUSTIN CITY COUNCIL APPROVE CODE AMENDMENT 2013- 002, AMENDING THE TUSTIN SUBDIVISION CODE (ARTICLE 9, CHAPTER 3 OF THE TUSTIN Cl T Y 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 July 9, 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); 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 long -term 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 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 Page 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 9t" day of July, 2013. STEVE KOZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF T USTIN ) 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 9th day of July, 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 TUSTIN, CALIFORNIA, APPROVING CODE AMENDMENT 20113° 002, AMENDING THE TEAS a IN SUODIVISION CODE (ARTICLE ICLE 0, CHAPTER 3 OF THE TEAS T IN 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. B. That the Tustin Subdivision Code was adopted in 1962, has been updated on numerous occasions, but was last comprehensively updated in 1983. C. That Code Amendment 2013002 (Ordinance No. 1430) has been prepared as a comprehensive update of the Subdivision Code. U. That on May 28, 2013 a copy of proposed Code Amendment 2013-002 was provided to the Tustin Planning Commission; E. That on July 9, 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); F. That a public hearing was duly noticed, called, and held on by the Tustin City Council. G. That Code Amendment 2013 -002 (Ordinance No. 1430) is consistent with the Tustin General Plan. Proposed Code Amendment 2013002 (Ordinance No. 1430) will further the band Use Element goals and policies applicable to the long -term 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. H. That proposed Ordinance No. 1430 is not a "project" under the California Environmental Quality Act ( "CEQA ") pursuant to Section 16378(b)(2) and (6) 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 mooting of the City Council for the City of Tustin on this — day of , 2013. ELWYN A. MURRAY MAYOR JEFFREY C. PARKER CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN 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 0; 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 the State of 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 9312 (Ex mption Exclusions from the Subdivision Req iirerne Code). 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. Ordinance No. 1430 Exhibit 1 Page 2 The type and intensity of land use as shown on the General Flan, any applicable Specific Plan, Article 9, Chapter 2, (Zoning Code), or other applicable provisions of the Tustin City Code 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. e.g. 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 administered by the Tustin City Attorney, Gity GounGil, Gity EngiReeF, GOMMuRity Develepment Doren+nr , , i Commnity SerVlnes Diren+gr anld Planning Commissien as follows. G+ty Attorney. The Gity Atterney shall be respensible for approving as to form all 0 nterest development, Gevenants, Genditiens and restFiGtiens. The City Atterney shall also have the authnri+v to make legal interpretation of the Subdivision Code 2-.1. City Council. The Tustin City Council sfabe-ffiegi&la +,�ruLv,--� , as identified On the shall have the responsibility and authority to conduct public hearings, and approve, impose approve or disapprove sub petitions for reversion to acreage, and Subdivision Code modifications. The City Council shall also review and uphold or deny appeals from actions taken in compliance with Section 9321.b (Authority for Subdivision Decisions) of this Code. 3.2. 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 conformance with the approved tentative maps; Ordinance No. 1430 Exhibit 1 Page 3 (c) Processing and approving subdivision public improvement plans; (d) Establishing design and construction standards and specifications for public improvements; (e) Preparing and approving subdivision improvement agreements; (f) Inspecting, approving and accepting subdivision public improvements; arm (g) PFGGessing of lot lino adj iefmon} Occepting dedications and conveyances of real property and interests in real property offered at no cost to the City. -: and, (M(h) Amending the City of Tustin's "Street Design Manual and Standard Plans. " ,! -3. Director of Community Development Direster. The Director of Community Development, or designee, DireGtof shall be responsible for: (a) Processing of tentative traGt and tentative n ,r, � -maps, final maps, reversion to acreage maps, certifiGates Gf GOMphanGel mergers, 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 adjustments, 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. 54. Director of Parks and Recreation. The Community SerViGes DireGte 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 Advisory o ^on^„ n_�Aon anf onr) droll hM�io the rocn�n�ihility w review and v�ap s � � .gyp. y recommend to the City Council actions, findings and conditions pertinent to the application for a division of land, and review and uphold or deny appeals from actions taken in compliance with 9321.b (Authority for Subdivision Decisions). ......... ........ . .. . ..... MKIMMMI r - - - Ordinance No. 1430 Exhibit 1 Page 4 -• - - - M A - - - - - - .. - - 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. Ordinance No. 1430 Exhibit 1 Page 5 IMM .. - Wt 2MMS11IM2. .. mmTrjr2Tzr2w - w Cm - -� M, '- SMIM - ' - - Ordinance No. 1430 Exhibit 1 Page 6 9344-9313 WAIVER OF SUBDIVISION REQUIREMF-N T S a Waiver of Tentative Trar.t I-entati „e Darrel Map and FiR1 Map Requirements waived, f he requirements for a tentative tFaGt map, teRtative parGel map or final map may be in whole or part at the d*SGretion of the Director and after rend iltation with the City Engineer, for the following aies: 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 has been merged pursuant to the Subdivision Code, the Subdivision Map Act or any prior ordinance of the City. 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 tr-aGt ffla 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 Plan, Article 9, Chapter 2 (Zoning Code) and other applicable provisions of the l;us4R, t Code. 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., -L (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 Ordinance No. 1430 Exhibit 1 Page 7 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 application shall not be considered as complete until all the application documents, including the vesting 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). ]-he -des appealable to ci-eGOMmiSSinn The denisinn 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. Application. An application for a modification shall be made by the subdivider on forms and with such fees or deposits as may be prescribed by the Department or by resolution adopted by the City Council. The application shall set forth the nature and extent of the requested modification, the grounds of the application and the facts relied upon by the applicant for the request for a modification and be accompanied by a written statement identifying the special grounds or circumstances that will enable the required findings to be made. 2. Required findings for approval. An application for a modification shall be considered by the City Council concurrently with the application for a tentative map, vesting tentative map, or other application, following receipt of a recommendation on the matter from the Planning Commission. To the extent that provisions of the Subdivision Code conform to the Subdivision Map Act, they may not be waived. In approving or conditionally approving a modification of the regulations or requirements included in this chapter, the City Council shall make the following findings: (a) Because the land involved in the subdivision is of an unusual size or shape; or is subject to title limitations of record that effect or limit its development; or is affected by topographical location or condition of land involved that affects its development; or the use to which the land involved will be devoted requires the modification, it is impossible or impracticable for the subdivider to conform fully to the regulations contained in this chapter. (b) The subdivision is in conformity with the Subdivision Map Act, the General Plan, any applicable Specific Plan, Article 9, Chapter 2 (Zoning Code), and other applicable provisions of the Code. Ordinance No. 1430 Exhibit 1 Page 8 PART 2 SUBDIVISION PROCESSING 9321 SUBDIVISION AUTHORITY AND INITIAL APPLICATION FILINGPROCESSING 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. Type of Di��,o pion- Application Code Interpretation Certificate of Compliance Final Maps Lot Line Adjustments Parcel Mergers Reversion to Acreage Tentative Maps, including Vesting VestingExtension of Tentative Map Acceptance of Dedications or Improvements Subdivision Code Waiver Table 2 -1 Review Authority Decision Body Director Director CounGiIDirector CounGilDlrector CemmissionDirector City CounCi12 CsURs+IPlanning Commission Director City Engineer Director Appeal Body Planning Commission' Planning Commission' --City Council .-- Planning Commission' CeaneilPlanning Commission' —City Council Planning Commission' Planning Commission' Planning Commission' ' The Planning Commission's decision may be appealed to the Council. z 1 he 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. Bl ' e^^rtment Will GO^ „der an-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, Ordinance No. 1430 Exhibit 1 Page 9 (b) All necessary application fees and /or deposits have been accepted. The tentative +raGt map +e ative parGel 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 Filing. 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 ('nfifnrnia Environmental Quality AGt4CEQA7' to determine whether the proposed subdivision is exempt from the requirements or is not a project as defined by CEQA, whether the proposed subdivision is covered by a previous environmental documents, 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 unless otherwise authorized by the Director upon the request of the applicant. 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 4ffeGte d ogenGies and Utilitiesof Public Hearing With five (5) days of determining a tentative parcel or tentative tract map application complete, the Department shall: a Send notice and a copy of the tentative parcel or tentative tract map to the affected public agencies and utilities which may, in turn, forward to the Department their findings and recommendations. The agency or utility may send a written report to the Planning Commission. The report shall indicate the impact of the proposed subdivision on the agency or utility and shall make recommendations as deemed appropriate. If a written report is made by an agency or utility, such report may be returned to the City within fifteen (15) days of receipt of the proposed tentative map. In the event that an agency or utility fails to respond within the fifteen (15) day period, such failure to respond shall be deemed approval of the proposed subdivision by the agency or utility; and b Send a notice and a copy of the tentative parcel or tentative tract map application by certified mail to the governing board of the affected public School Districts. The notice shall contain information about the location of the proposed subdivision, the number of units, density, and any other information which would be relevant to the affected School District(s). I he governing board(s) of the affected School District(s) may review the notice and may send a written report to the Planning Commission. The report shall indicate the impact of the proposed subdivision on the affected public School District and may make such recommendations as the governing board of the affected School District(s) deems appropriate. If a written report is made by the governing board, such report shall be returned to the City within fifteen (15) days of receipt of the proposed tentative map. In the event that the District fails to respond within the fifteen (15) day period, such failure to respond shall be deemed approval of the proposed subdivision by the affected public School Districts. 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. Ordinance No. 1430 Exhibit 1 Page 11 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. Additional noticing time as specified may be required to comply with noticing requirements of the California Environmental Quality Act. In the event of a conflict between required noticing times, the longer time shall be given. The Department may give such other notice that it deems necessary or advisable. Substantial compliance with these provisions for notice shall be sufficient, and a technical failure to comply shall not affect the validity of any action taken according to the procedures in the Subdivision Code. The Planning Commissiendecision body shall consider any input received from any interested party, including any reports from affected agencies, utilities or School Districts in- -prior to approving, conditionally approving, or denying disapproving the tentative rap 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 subdivisien-appliGatiOR requires a publiG heariRg, the publiG shall be provided with nGtiGe vnfrhr°ar'rr^, g(s) in GOMphaRGe with State law (Govemment Code SeGtiens 65090 and 65091). AdditiGRal nOtiGing time as SpeGified may be required to GOmply with netiGin-g requirements of the California Environmental Quality AGt. in the event of a GenfliGt between . apartment, 66452.10 of the Subdivision Map AGt-. NGtiGe shall also be given by mail or peFSORal delivery te-any person who has filed a written request with the City. A req- -est may be submitted at aRy time during the Galendar year and shall apply for the balan"---. the r--alendar eaF. The Department may give SUGh other nnfiro th t it rloo_mc_ neG )ss ,ury yr advisable u Substantial GOMplianG with these pre-visions i8r notire$ilall be c„ffrr:rv:cent, and a teGhniGal failure Subdovosion Code. 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 Ordinance No. 1430 Exhibit 1 Page 12 The subdivider, or any other interested party, may appeal any action of the decision body to the appeal body as identified in 9321.b (Authority for Subdivision Decisions). Appeals shall be filed with the City Clerk during normal business hours within 10 calendar days of the date of the decision and be accompanied by a deposit or fee as required by City Council resolution or ordinance. submitted 4R writing and filed i.vith the Department. All appeals shall be made in 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 faGtS of the Gase and the hasis for the anneal Appeals shall be filed with the Department within ten (10) Galendar days ef the denision body's aGtien. Appeals shia" he ar-r-empanied by the filing fee set by resolution of the GounGil 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.�g (Public Hearings), unless otherwise mutually agreed upon by the Director and the Property Owner/Applicant. 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 9321, f, the appeal may be 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. At the hearing, the appeal bo involving the matter that is the subjeGt of the appeal, and shall not be limited to nnnsocler tign of the speGifiG grounds listed On the 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. S.- - • me., 121 - - i - I - Ordinance No. 1430 Exhibit 1 Page 13 WiMIN-- - - _ - - 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) fora 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 EodeMap Act. - - - - - _ss RM - - - s- - -s Ordinance No. 1430 Exhibit 1 Page 14 *"�W -7�00�7, 7. Mine sb Application Processing and Review lach application shall be analyzed by the Department to ensure that the application is consistent with the purpose and intent of this section, the Subdivision Map Act and the City's Subdivision Manual. 1. Application review shall be limited to a determination of the following. a Four or fewer existing, 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. Ordinance No. 1430 Exhibit 1 Page 15 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 ordinances, and /or to require the prepayment of real property taxes prior to the approval of the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure or easements. 3. No tentative or final map shall be required as a condition to the approval of a lot line adjustment, 4. No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code. do Findings and Decision Upon determining that a complete application has been submitted and that the application complies with the Subdivision Map Act, Subdivision Code and Subdivision Manual, -The -the Goun s+l Director shall approve, conditionally approve or disapprove the proposed lot line adjustment. ;h ° " ^!! recoru i ±�.�o. ;; � based. 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. yiitheut , if the fellowing fiRdings If a Record of Survey is prepared and filed, a Certificate of Compliance shall also be recorded. _ _ _ We- Ordinance No. 1430 Exhibit 1 Page 16 9323 TENTATIVE PARCEL AND TC^ITATDIE TRACT MAPS a Purpose The purpose of this section is to provide for the submittal and processing of a complete application in compliance with subsection 9321. c (Application Filing and Fees) for tentative parGel and +eRtafiP� maps for the subdivision of land in compliance with the Subdivision Cede Map Act, all applicable zoning regulations, the Subdivision Code, and the Subdivision Manual. b Applicability and Requirements R 1111 ` - NOW- FrAWIMUM _ ell 1 .. jai .. 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: 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. b A tentative parcel map shall not be required for the following: 1. Subdivisions of a portion of the operating right -of -way of a railroad corporation, as defined by Section 230 of the State Public Utilities Code, that are created by short -term leases (terminable by either party on not more than 30 calendar days notice in writing). 2. Land conveyed to or from a governmental agency, public entity or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights -of -way, unless a finding is made by the Director in individual cases, upon substantial evidence, that public policy necessitates a parcel map. For purposes of this subsection, land conveyed to or from a governmental agency shall include a fee interest, an easement or a license. 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. Ordinance No. 1430 Exhibit 1 Page 18 b A tentative tract map shall not be required for the following: The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks. 2. Mineral, oil, or gas leases. 3. Land dedicated for cemetery purposes under the Health and Safety Code. 4. The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit, or similar right on a portion of a parcel, to a telephone corporation as defined in Section 234 of the Public Utilities Code, exclusively for the placement and operation of cellular radio transmission facilities, including, but not limited to, antennae support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources and other equipment incidental to the transmission of cellular communications, if the 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 pasturing of livestock. 6. The financing or leasing of any parcel of land, or any portion thereof, it? 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 ordinances regulating design and improvement. 7. The financing or leasing of existing separate commercial or industrial buildings on a single parcel. 8. The construction, financing or leasing of dwelling units pursuant to Section 65852.1 or second units pursuant to Section 65852.2, but this Section shall be applicable to the sale or transfer, but not leasing, of those units. Subdivisions of four parcels or less for construction of removable commercial buildings having a floor area of less than 100 square feet. (California Government Code Sections 66412, 66412.1, 66412.2 and 66412.5.) c Application Processing and Review A complete application for a tentative map shall be filed with the Department in compliance with 9321. c (Application Filing and Fees). Each application shall be analyzed by the Department to ensure that the application is consistent with the purpose and intent of the requirements of the Subdivision Map Act, Subdivision Code, Subdivision Manual, Tustin General Flan, any applicable Specific Flan, Article 9, Chapter 2, (Zoning Code) and other applicable provisions of the Tustin City Code and state lave. 1. Tentative map applications shall be determined to be complete by the Department only when: Ordinance No. 1430 Exhibit 1 Page 19 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, except for subdivision for finance and conveyance purposes only; 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. hearing before the Gornmissien wheR- the Department has determined the appliGation GOMplete. N0tiGing of the publiG hearing will be given on GOMpl-ianc;-ZA.I�h 9321.f (PtAb4G-]��. 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 paw ten� tafiye truvrma istablished by the Subdivision Map A other relevant !a . A Planning Commission recommendation for approval or conditional approval of a tentative map shall be supported by the following findings: 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. Ordinance No. 1430 Exhibit 1 Page 20 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. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection the City Council may approve the map if it finds that alternative easements for access through, or for use of, the property will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. g. The waste discharge from the proposed subdivision into a community sewer system will not result in or add to violations of existing requirements prescribed by the Regional Water Quality Control Board. h. Corrective measures have been proposed by a civil engineer registered by the State if the preliminary soils report identifies the existence of critically expansive soils or other soils problems which, if not corrected would lead to structural defects within the subdivision. No building permit shall be issued for the construction of any building or structure within the subdivision which has been found to contain critically expansive or defective soils unless the approved corrective measure is incorporated in the construction plans. 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, 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, Ordinance No. 1430 Exhibit 1 Page 21 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 9321.8 (Public Hearings). All applicable time frames for the Commission to recommend on the tentative NarF, -nor tentative traet -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. AfteF r a n ennmm rl d' L , , w The City Council shall take action, after a public hearing, to approve, approve with conditions or den disapprove the tentative paFGel „r -tent tentative tra t_map )vithin the +imp fr, amp All aPP"Gable time frarnim for the s +ui s+l If the City Council does not approve, conditionally approve 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 I he t %!( 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 p reel nr +e„+ +i, + N rv� rc �rcrv�..�� 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. e- GenclificOns of AppFGvaj findings Feq6Hred by 9323A (Findings and Dpnision). The de-isien makin body may Fequke-, #fie a rnnd0tiA.n of its apprGval, that the payment by the subdimvider of all development fees reqUiFed -as to be paid made at aL, a c N '� fe Post Approval Procedures 1. Appeals. The decision of the City Council is final. Ordinance No. 1430 Exhibit 1 Page 22 1. Expirations. The approval of a tentative map shall expire within twenty -four (24) months after its approval or conditional approval, or after any extension of period of time not to exceed an additional twelve (12) month, or such other period as may be authorized by State Law. 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 seq. 2. 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 paying applicable fees as established by City 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 un less otherwise authorized by State Law. 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. 9324 VESTING TENTATIVE PARCEL AND VESTINIG TENTATIVE TRACT MAT='S a Purpose The purpose of this section is to provide for the submittal and processing of a complete application for vesting tentative parcel and 1✓,oc ±i +o„+ +;,,o tract maps for the subdivision of land in compliance with the Subdivision Map Act, the Subdivision Code and the City's Subdivision Manual. b Applicability, Filing and Processing Whenever a provision of the Subdivision Map Act or the Subdivision Code requires or authorizes the filing of a tentative nap�.,Ge�-^r ±o„+ +, o�� map a vesting tentative parselor vin alive tFaGt -map may be filed instead, in accordance with the provisions herein. The filing of a vesting tentative paFGe - -er map, as opposed to a tentative tract map-er parcel map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction. #er-a- vest4H entatr ve Ordinance No. 1430 Exhibit 1 Page 23 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 paFGel oF vesting e NYOnnrou In and d .br d iv.isien --M -stong tentative MILT wo-01 time W— IMSERWI.R.W. . - r � • _ ME Me"- �. Mi. .. - III 00=7*� Ordinance No. 1430 Exhibit 1 Page 24 gc Rights of a Vesting Tentative Map Subject to the time limits established by Section 9323 of this Code, The -the approval conditional approval of a vesting pan3e4- map- or -ves# R' -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 er v,s Rga 4eP,tativo-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 map is approved or conditionally approved. 2. A permit, approval, extension, or entitlement sought after approval of a vesting tentative Q$ 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 (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 el ^r +o„ +,���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 -- _Gr #+na #ast map. When several final maps are recorded on various phases of a project covered by a single vesting tentative PaFGel Gr ve 4i9- te^tatwe +�Fagt -map, this the one (1) year initial time period shall begin for each phase when the final map for that Ordinance No. 1430 Exhibit 1 Page 25 phase is recorded. All of the said final maps must be recorded within the time period set forth in Section 9324- h-3.f. (Time Exten ion Post Approval Procedures) or the vesting tentative ; ` map approval shall expire for those parcels for which final maps are not timely recorded. (b) The one (1) year initial time period shall be automatically extended by any time used for processing a complete application for a grading permit or for design review, if the time used by the City to process the application exceeds thirty (30)30 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 tray +.np- o „vg_toeN�o_p�co! 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 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 MAT='S a Purpose The purpose of this section is to provide for the submittal and processing of final parse! and firae�trast -maps in compliance with Subdivision Map Act and the Subdivision Code. b '° Requirements An application for a final paFGel4w4h4a4ract map may be filed with the Department in compliance with 9321.c (Application Filing and Fees). The final map shall be prepared in a manner acceptable to the City Engineer and shall be prepared b), R- Felnistpred GiVil eyer. The final map shall be legibly dFawn-,-pri—nted., r 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 City Enginee Director. final maps --hall hP 131 IbMitten d- to the t/Engffineeri�g Division in-GGM-PGtef the Engineering DiViSiOR. The City EngineeF rnay-���� materials, exhibits, data Or informafinn RS d-P-P—FnPed ReGessaFy to aGGeMplish the purpose of the , Sedgy Ordinance No. 1430 Exhibit 1 Page 26 In ;;PW Final paFGel or final traGt 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- and4h,-, Subdivision Code, and Subdivision Manual. Final map applications shall be determined to be complete by the PubliG WOFkS DepartmePADirector, 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 s—estab shed by the D„hliG Wort Deportment /Engineering Di r '�� ~ —� • ��� N � y � are accepted by the Department as adequatecomplete; 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 paFGel or tent tentative o• 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 ra. ;r.�c�d- ea- nientsaccepted as adequate by the City Engineer-Department. Said title report shall be current within three (3) weeks of the submittal of the final map and be updated every year unless otherwise requested by the Director) month -& -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 1120, 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. 45. Tax Certificate. A- 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 or special assessments which are a lien but not yet payable has been filed with the County; 5-:6. Domes fe Dedications and Easements OF Rights All dedications or easements have been made by certificate on the final map unless use of a separate Ordinance No. 1430 Exhibit 1 Page 27 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; 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; 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. Prior to recordation of a final map, street names shall be identified and approved by the Director in accordance with the Subdivision Manual. 12. 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. 4-0:13. 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 Ordinance No. 1430 Exhibit 1 Page 28 City. The agreement and certificate required by this subsection shall be subject to prior review and approval by the City Engineer and City Attorney; 44- -1 Fees and Deposits. All fees and /or deposits have been submitted and accepted; and 4-2:15 Corrections. Any and all corrections and /or additions to the final map have been made and are acceptable to the City Fngineer. c Multiple Final Maps Multiple final maps relating to an approved or conditionally approved tentative parselG te- Rtatik track -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. Lach 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 and, 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 Act, -and- the Subdivision Code. the Subdivision Manual, and any conditions of approval of the tentative map. Upon determination of a complete final map,—the-C-e Dena,�cntrne nt shall fopNarid the matter +n the rn, ,n it The Gound' the Director shall ta4�e-- n��a- to- approve- rn � o � v v graTrrG -- or deny- disapprove the final pafGel -er--t act -map within the time frames established by the Subdivision Map Act. e- Tflndings and na The GeunGil- Director shall record its -the decision in writing with the findings upon which the decision is based—Thp Cc), mr-01 shall approve the final map if the City has previously appreved-a } +a r+ +� An based upon a findingfinds that the final map is in substantial compliance with the requirements of the Subdivision Map Act, the Subdivision Code, the tentative parcel er tentative tract map and all conditions thereof. f Condition if the CounGil appreves In conjunction with Director approval of a final map, it-the City Engineer shall also --have the authority to accept, accept subject to improvement, or reject any offer of dedication. The City Clerk shall nor+if A If at the time the final map is approved, any streets, paths, alleys, public utility easements, rights -of- Ordinance No. 1430 Exhibit 1 Page 29 way for local transit facilities, or storm drainage easements are not accepted by the Go, mr- O'City Engineer, the offer of dedication shall remain open and the Ce, mr-il City Engineer may—,by res at any later date, and without further action by the subdivider, rescind its -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 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 1. City Engineer Signature. The subdivider shall submit to the City Engineer the original trnring-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 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 C y CIerkCounty Recorder. 2. Filing with the County Recorder. Upon approval of the final map by the GounaDlrector, 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. 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 SeGtion 664 99m 11 et seq. of the Subdivision Map Act -acrd, the Subdivision Code, and the Subdivision Manual. This section shall apply to final parseland #+nal tFastmaps. Ordinance No. 1430 Exhibit 1 Page 30 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 : -- Proceedings to revert subdivided property to acreage may be initiated by resolution of the City Council or with the submission of a formal petition afapplication by all of the owners of record of the property. The ed by +g �� the Gi E-ngineer. The petition shall G )ntain the information required by the City's Subdivision Manual and any other infe rmatie n deemed neGessaFy by the Gity Engineer to initiate and Gc)ndUGt the 2 M-e c Gentents of Do }i }innApplicability and Requirements A complete application shall be submitted to the Department that shall contain the information required by the City's Subdivision Manual and any other information deemed necessary by the Director or City Engineer to initiate and conduct the proceedings. in addition to other information Fequired by the City, a petition shall GGR:taiR�-G�e aGGGrnpanied by, but not be limited to, the fellewiW. WE - - -- d S_ubmitt al of Petition to the Gity EngineerApplication Processing Ordinance No. 1430 Exhibit 1 Page 31 An-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 Planning Commissionafter4he G4may -^g' eer-ha-s-d . Noticing of the public hearing will be given in compliance with 9321.f-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. 9327 PARCEL, 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 the Subdivision Code, and the City's Subdivision Manual. b Applicability Ordinance No. 1430 Exhibit 1 Page 32 Except as provided in Section 66451.11(b) -(A) through (E) 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.b-c1 (Notice of Intention to Determine Status). Subsection 2 shall not apply if any of the conditions stated in Section 66451.11(b)(A), ( ), (G), or through (E) of the Subdivision Map Act exist. c Parcel Mergers Initiated by the City 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 Ordinance fro. 1430 Exhibit 1 Page 33 unless the requirement for notice has been waived by the owner pursuant to 9327b:3. 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. Hearing on Determination of Status The owner of the affected property may file a written request for serasiderat+ar-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) calendar 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. i he determination of the Planning Gernmissien shall be mailed to the property owner WithiR five (5) days of the date of the COMMiSSiOR's aG#GP, e3. Determination of Merger If the Planning Commission makes a determination that the parcels are to be merged, 'lie 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) calendai 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. 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. � `ee Ordinance No. 1430 Exhibit 1 Page 34 g4. Determination When No blearing is Requested If the owner does not file a request for a hearing pursuant to 93270 dads after the re GerdiRg of the ration to rietermir� u ��� �g- o,--�, «-- „etice- e�inte �o,�v- a�- �.,,�:,,e- stattES, the Director at or,,, time thereafter, 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 C has been appealed in compliance with 9327.e (Appeal), with the ounty recorder by the Director within ninety (90) calendar days after the mailing of the notice of intention to determine status in compliance with 9327 (Notice of Intention to Determine Status). hd Request to Merneparcel Mergers Initiated by 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 he 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 9321h (Appeals). 9323 CORRECTION AND AMENDMLNT OF MAPS a Tentative PaFGel or entative TFaEt Maps Prior to final map approval, the City or the subdivider may request rnieo amendments to the approved tentative par ^e! or tentative tract map, including vesting tentative maps, or conditions of approval 1-he 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. 2. Changes in Conditions of Approval, Minor Corrections, and Amendments to an Approved Tentative Map Ordinance No. 1430 Exhibit 1 Page 35 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 -,by4he subdovmder er on the Department's it + , 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 3-. c. There are no resulting violations of the Tustin General Plan, Zoning Code, and applicable Specific Plan, the Subdivision Code, or the Subdivision Map Act. T-he map and Gertified by the DireGtGr. A.Mendments • Do rer-ter, are net minor, shall be presented to the GFigiRal deGisien [making] bedy fGF .. RFOGessing of amendments shall be same as originally PFGGeSsed for the • m;dza,i= 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 parGel or tFac�t-map unless an application for extension is concurrently approved. b Final map -Waps 1. After a final map is filed in the office of the County Recorder, it the map may -be amended by a certificate of correction or an amending map for - the-- puflpeses spes►f+ed in SeGtiGR 66469 of the-Subdiv+sioR-NIap_AGt-. 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 or? 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 (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 Ordinance No. 1430 Exhibit 1 Page 36 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. 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 thF 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 o/i 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 tell (10) working days to present it to the County Recorder for recordation. 3. Modifications made pursuant to Section 9328b1(h) this subsea +inn shall be set for public hearing before the Council consistent with the noticing provisions of 9321.1 -g (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 (g), shall be reviewed and certified by the City Engineer. 4. ale -Upon filing of the amending map or certificate of correction Gertif ed by the City Engineer shall be file in4he —e tii�. G �th, (' 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 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. Ordinance No. 1430 Exhibit 1 Page 37 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 Plan and to the extent permitted by Law, the subdivider may be required, as a condition of approval of a tentative map, to dedicate or make an irrevocable offer of dedication of 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 66475.2 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(8), 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. 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. Ordinance No. 1430 Exhibit 1 Page 38 (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 fees may be waived by the City Council in its discretion upon the submission and approval of agreements for specific projects designed and guaranteed for 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 three (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 3.2539 .89&$0102 7.1 -15 2.7385 .00820086 15.1 -25 2.4524 .00350067 Mel^�'� „eherneMobile home Parks 2.4524 .99&50067 0UU1UZ;. I UOL111 UU11U ai man Lanu use clement, as amenaed I hese 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 Government Code Section 65450 et seq., Disposition and Development Agreement in compliance with California Community Redevelopment Law, or other agreement. Ordinance No. 1430 Exhibit I Page 39 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 (MAMA /) 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 traot -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 develepersubdivider. 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 Planning Commission City Council. For subdivisions in excess of fifty (50) parcels, the PlanRing GOrn rn ission City 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 5. Credit for private open space Ordinance No. 1430 Exhibit 1 Page 40 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 Planning SemmissionCity 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 =as subdivision and which cannot be defeated or eliminated without the consent of the P--laRning Commisska -ar 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 Plarining Commission City Council; (f) That the open space for which one hundred (100) percent credit is given is a minimum of one (1) acre and provides at least one (1) of the park basic elements listed below, or a combination of such and other recreation improvements that will meet the specific recreation needs of future residents of the area: (1) "Recreational 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 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 Ordinance No. 1430 Exhibit 1 Page 41 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 (25) percent of the otherwise required public land dedication or in lieu fees. The determination of the and the amount Of GFedit shall be final and GOnGlusive, URIess appealed to the City Council 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 P-la 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 tra-c t' 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 tmot- -map approval, the Planning GernmissienCity 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 tract map and shall be recorded contemporaneously with the final tract map. (b) Determination. When land is proposed to be dedicated, the Planning GernmissieRCity Council shall determine the appropriateness of the land to be dedicated based upon the following: Ordinance No. 1430 Exhibit 1 Page 42 (1) The conservation/Open Space /Recreation Element of the City's General Flan; 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. T-he determInatoon of the Planning Commission as to whether land shall be dediGated, fees Gharged, dediGated land improved, er aRy Gembinatien thereef, shall be final and GenGIUSiVe, unless appealed to e-C4y-C unc l-- a5- pr®vided R—SeGfien 9321.8 (Appeals), primed that iriln no event, may the dedications, amount of fees or value of improvements exceed the subdivider's dedication requirements as set forth in Section 9331.d.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. The determination of the City Council is final. 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. Whore 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 and conditional use permits. (b) It is the duty of the Director of Community SeNiGesParks 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 Community SeNisesParks and Recreation shall prepare a schedule for approval by the Planning CommissionCity 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) Uty PROF to FeGE)Fding the . Any required in -lieu fees for residential development shall be paid on the date of final inspection or certificate of occupancy, whichever occurs first. The City may require fees to be paid at the time of building permit issuance for non - residential development and on residential development (other than low income housing described in Government Code section 66007(b)(2)) if the fees will be used to construct a public improvement for which the City has 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. Ordinance No. 1430 Exhibit 1 Page 43 9. l=imitation 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 Plan 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. I Procedure The public agency for whose benefit an area has been reserved shall, at the time of approval of the final map -er- -pap, 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. b. Termination Ordinance No. 1430 Exhibit 1 Page 44 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. I he irrevocable offer maybe terminated as provided in subdivisions (c) and (d) of Section 66477.2 of the Subdivision Map Act. The-pFevisaons 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 4o -into condominium projects, er -stock cooperatives, or community apartment projects, as those terms are defined in Section 1351 of the Civil Code subdivision 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 Flan 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) Prior 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 of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways or canyons or constructing major thoroughfares. Ordinance No. 1430 Exhibit 1 Page 45 (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. 6. Public Hearing. 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 0 -304.0665091 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 Uniferm- California Building Code. (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. Ordinance No. 1430 Exhibit 1 Page 46 8. Protest (a) At any time not later than the hour set for hearing objections to the proposed bridge facility or major improvement, any person may file a protest against the proposed bridge facility or major thoroughfare or against the 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, un less 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 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. Ordinance No. 1430 Exhibit 1 Page 47 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 66091 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 66091, 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 GLiGsroom- School Facilities 1. Authority, Purpose and Intent (a) This section is enacted pursuant to the authority of Section 66970 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 An-an affected School District(s) may, from time to time, adopt a deslaratiOR Of otice of findings and file the same with the City Clerk for consideration by the City Council that makes both of the following findings supported by clear and convincing evidence:. (a) That conditions of overcrowding exist in one or more attendance areas within the district which will impair the normal functioning of educational programs including the reason for the existence of those conditions. (b) That all reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible method for reducing those conditions exists. Ordinance No. 1430 Exhibit 1 Page 48 The notice of findings shall specify the mitigation measures considered by the school district, including a completed application to the Office of Public School Construction for preliminary determination of eligibility under the Leroy F. Greene State School Building Lease - Purchase Law of 1976, and include a schedule for land use of fees required by Section 65976 of the Government Code. 4. Action by City Council. The notice of findings 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 1 . Following 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, 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-in tht- findings set forth in the dedaraticm of impaGt, withhold app er e City to withheld (a) That there are specific overriding fiscal, economic, social, or environmental factors which in the judgment of the City Council would benefit the City, thereby justifying 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. MW . , (W The decision concerning whether to require the dedication of land, payment of foes 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. (e) The amount of any fee shall be in accordance with the provisions of Chapter 4.9 (commencing with Section 65995) of the Government Code, shall be prescribed by resolution of the City Council, and shall be collected at the time of issuance of a building permit. G: 5. Use of Fees and .and- Accounting Ordinance No. 1430 Exhibit 1 Page 49 (a) The school districts shall use the land and /or fees solely to alleviate the conditions of overcrowding within the affected attendance area. (b) 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. 6 City's Might 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 -or --a el 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 IMPROVI MFNTS 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 presented to the CounGil feF approval approved by the Director until the subdivider either completes the required improvements, or enters into an agreement with the City agreeing to do the work. b Required Improvements General. 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 9332A (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. 6. Utilities. Each unit or lot within the subdivision shall be served by gas, electric, telephone and cablevision facilities. 6. Underground Utilities. The provisions of this Subsection are in addition to, and not a substitute for other underground provisions of this Code. (a) All existing and proposed utilities 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) ► he developer subdivider may request that the undergrounding requirement along peripheral streets be waived. The City Engineer may, at its -his or her discretion, accept a fee in lieu of the undergrounding;; he arnount of the fee shall be determined by the City Engineer and shall he 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 riot 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 (120) 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 the Cityin 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 9310.109332k. (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 9310.08 9332h. (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 o-Ppareel 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 GPparsel -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. F_xamples 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 reap- er- pa-rs. -1 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 ra-sidential- 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 Ge-nc r a;— Im prove ment 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 9308. 9332b. MI • - - - •- We - •- ■ The form of all plans shall conform to addition-al- -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. -- - - - - e MI • - - - •- We - •- ■ The form of all plans shall conform to addition-al- -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 ■.. 21TA - - 0- e m*e - I 12 - _s- - - - Ordinance No. 1430 Fxhibit 1 Page 66 4— Warranty by the sub def4hit- Gonstrusii adjaGent properties. 5. Payment T inspeGtien fees in aGGOrdanGe with the City's resolution. 7. Payment of planned drainage faGility fee&-. 8.mprovement seGUrity aS required by SeGtien 9310.08, 9. Ma*ntena 1 C). Release and mriderrinifiGatmon of the City frern all liability inGUFred in GenneGtien with the development and payment of ill reasonable attomeyc' fo�eosghattho City may inri it htenai ise of ny legal aGti()R oF other PFOGeeding arising from the development. 11. Any other �-leposits _feirnb irsements foes or dit' required b n'a di _ _ _ � . � Aare � fig Improvement Security Ordinance No. 1430 Exhibit 1 Page 57 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 aap --er -par 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 Engineer. (a) Bond or bonds by one (1) or more duly authorized corporate sureties. Dul authorized corporate sureties must -be admitted sureties. Thesureties in the form of the bend or bonds shall be in an-n-e—rdanGe with ni o ns 664 99.1, 66499.2499.3 and 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 S€astiGn 66499 of 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 fifty percent (60 %) 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. The 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. •z - ��' 54. 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 Ordinance No. 1430 Exhibit 1 Page 58 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 Engineer, 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 Engineer. [Reserved] Construction and Inspection The construction methods and materials for all improvements shall conform to the standard engineering specifications and all other standard plans and specifications of the City. 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 (1 2) 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) calendar days 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 -Quilt 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 subdividers use. Acceptance of Public 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 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 Prohibition General _ :• - - - _ _ Ordinance No. 1430 Exhibit 1 Page 61 " - - s• ' • -- s __d _.•- �� . _ s MZ i E70-- __.•• Sze .. • - _ s- - •. MMMM Cl s ss MAIM -- s - _ NEW- wil Ordinance No. 1430 Exhibit 1 Page 62 r _ -. • • • 01 1117,3 Diaper •- enTorcea 15y Me Firector In accordancc 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 the Subdivision Code and the Subdivision Manual. 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 ir�-to ensure compliance Upon the d+rester-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 l 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 gc 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. Ordinance No. 1430 Exhibit 1 Page 64 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 +„ +ho Planning Commission "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 ref requiredand , +ho C,+ GeunG 1 of the City of T, istin. "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 persoli authorized to practice land surveying 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. Code. "Condominium" shall have the same meaning as provided in Section 1350 of the Civil "Council" shall mean and refer to the City Council of the City of Tustin as established by City Ordinance. Ordinance No. 1430 Exhibit 1 Page 65 "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. �- - - - • "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 66416.2(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 devetepersubdivider. 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 devetepersubdivider 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 subdivision of five (5) er font!+ }iio '.ni-1 fin+l #iia-G-hept4r-, 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. Ordinance No. 1430 Exhibit 1 Page 66 "Government Code" shall mean the Government Code of the State of California. "Improvement" shall mean streets, sidewalks, storm drainage facilities, water and sewer 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 Plan, 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 GFparsel4nap, 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 minershift Ar retationmodification of an ex,tir ga lot boundary line or theF— ac4ustrner}t lines between two or more existing adjacent lots or parcels where a greater -)r- 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 :within the Tustin General Plan and the Subdivision Manual. _ -_ - _ " Ordinance No. 1430 Exhibit 1 Page 67 pigh a ay _ft _ VA LM ■ "Park 11 shall rneaR any publiG as deemed neGessar-y by the City to develop land foF park and rer-reatien fanilities, and may inGlude, but of be limited to grading, I shrubs, trees, "Person" shall moan 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 mean 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. "Stock cooperative" shall be defined as provided in Section 1351 of the Civil Code. Ordinance No. 1430 Exhibit 1 Page 68 "Strppt n shall mean an existing street whose right of-way 06 Gontiguous to ffie "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 held 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. PLANNING COMMISSION INPUT /STAFF RLES PONS IcS 1. Final Map Approval - Please elaborate on Once Tentative Map approval is received, staff the process that some other cities follow works with the project engineer and surveyor to where no approval is needed for final ensure that the Final Map meets all Tentative maps (after the tentative map has been Map conditions of approval and the Subdivision approved by Planning Commission and City Map Act. The Planning Commission is not Council). Clarify conditions for changes involved with Final Map review or approval. that require Planning Commission and City Council approval. Explain how further land The subdivision process involves the preparation use changes are approved by the of technical and detailed maps /parcel appropriate governing bodies. 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 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. 4. Director and Citv Engineer Authoritv — Page 28 and 29 identifies conditions where the Director approves the map but only the City Engineer can sign — how are these authorities and responsibilities clarified to avoid overlap? 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. 5. Definition of Substantial and Minor The term substantial compliance means that the Amendments — provide definitions for Final Map essentially mirrors the Tentative Map these terms as they related to the Tentative approved by the Tustin City Council. The term is Tract Map under page 34, Section 9328.a.1 not defined in the Subdivision Map Act; however, and 2 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 Rages — 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 districts are required 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 "), 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. 9. Are the edits to the Subdivision Manual for Yes. The Community Development Department parcel creation and such subject to review may not revise the document each year, but will or at least annual conveyance to the report modifications to the Planning Commission Planning Commission as part of its "Year in Review" report. AT T A CHP/fl F-- NiT PUBLIC INPUT From: Sean Doyle [mailto:SDoyle @stanpac.com] Sent: Monday, June 03, 2013 5:43 PM To: Binsack, Elizabeth Cc: Willkom, Justina Subject: RE: Proposed Subdivision amendments Elizabeth, Thanks for forwarding the information regarding the Subdivision Ordinance update. I think your team is headed in the right direction with this and wish more City's had a simi;ar outlook on the issue. Sewt Dayie Project Manager STA`DAkD V' (,zisis Homt,s Southern California Coastal 15360 Barranca Parkway Irvine, CA 92618 O (949) 789 -1716 1 F (949) 789 -3416 E -mail sdovie @stanpac.com wwwstandar�d a(ifichomes.corn I Making You Right At Home, r� FleasE; consider our = mvronrnunt before. printing a copy of this enai`.. From: Mike Balsamo [mailto:MBalsamo(&biaoc.com] Sent: Tuesday, June 25, 2013 1:45 PM Too Binsack, Elizabeth Cc: Victor Cao Subject: City of Tustin Proposed Revisions to Subdivision Ordinance Good Afternoon Elizabeth: Thank you for the opportunity to comment on the proposed subdivision ordinance revisions. We are pleased that the City is taking this step to provide greater clarity and efficiency in terms of the requirements and approval authority. We have reviewed the draft revisions and are providing comments /questions below for your consideration: • We greatly appreciate that final maps can now be approved by the Director instead of needing City Council consent calendar approval. This will save a significant amount of time. • Tentative Maps: In most cities and counties we work, tentative maps are subject to Planning Commission action and only go to the City Council or Board of Supervisors on appeal. The proposed ordinance is intending to make the City Council the approval authority for all tentative maps. This is time intensive and probably not necessary when there is little to no public controversy. Please consider the PC as the approval authority with the. appeal to the CC. If agreed upon, this change would need to be made throughout the entirety of the document wherever referenced. • Page 8 — same comment within table. • Page 9 — Environmental Assessment: Please add a category for "covered by a previous environmental document." • Page 10 -- Concurrent Processing: "applications shall be processed concurrently and shall not be bifurcated unless otherwise authorized by the Director upon the request of the applicant." • Page 12 — Appeals: "appeals shall be scheduled for hearing within 30 days unless otherwise mutually agreed upon by the Director and the Property Owner /Applicant." In many cases, due to scheduling challenges, 30 days is not enough time for the City /Applicant /Public to prepare for the appeal hearing. This edit is proposed to create more flexibility for all parties. • Page 17 - #5: Director may require a tentative tract map when only a parcel map is required. Please explain why this item is necessary. • Page 19 - Preliminary Geotechnical Report Required for Tentative Maps: Please clarify "except in the case of maps that are for finance and conveyance purposes only." • Page 22 -- Map Extensions: Section 3 limits extensions to no more than 6 years total. Please add clarifying language "unless otherwise authorized by State Law." The recent recession saw the State Legislature grant extensions with 3 separate bills over approximately 5 years. • Page 26 —Title Report Required: This section requires the report to be updated every 6 months after final map submittal. In many agencies, one year is the standard. Please consider one year rather than 6 months. • Page 27 - #11: The requirement for water supply verifications is already part of the tentative map process. Please remove this item from the final parcel map checklist or explain why it would remain necessary? • Page 38 — parkland dedication requirements and table of persons per dwelling unit per census and general plan: This information is subject to change over time. It may be advisable to simply reference the current general plan rather than including the table in the subdivision ordinance. We note that it is appropriate to have the methodology and the requirement in the subdivision ordinance as is. Page 47 — Action by School Districts related to facilities and fees: Please explain and justify why this section is necessary describing a complicated interaction between the district and the city? School facilities provision is essentially a State jurisdictional matter. The City only needs to verify that the property owner has satisfied all applicable school district requirements. Page 57 — Bond requirements: Performance bonds are required for 100% of the estimated construction cost. However, the City is also proposing an additional bonding requirement of an additional /separate 100% (previously 50 %) to ensure payment to subdivider's contractors. This appears to be a double dip. Please either eliminate the additional bonding requirement or justify the proposed requirement. Thanks again for the opportunity to comment. We would be happy to meet prior to the PC hearing on July 9 if you would like to discuss any of these items. Thank you. 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