HomeMy WebLinkAboutPC RES 4217RESOLUTION 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 CITY CODE).
The Planning Commission of the City of Tustin does hereby resolve as follows:
The Planning Commission finds and determines as follows:
A. That Government Code Section 66411 requires each local agency to
adopt an ordinance to regulate and control the design and improvement of
subdivisions within their jurisdiction.
B. That the Tustin Subdivision Code was adopted in 1952, has been updated
on numerous occasions, but was last comprehensively updated in 1988.
C. That Code Amendment 2013-002 (Ordinance No. 1430) has been
prepared as a comprehensive update of the Subdivision Code.
D. 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 2013-002 (Ordinance No. 1430);
F. That Code Amendment 2013-002 (Ordinance No. 1430) is consistent with
the Tustin General Plan. Proposed Code Amendment 2013-002
(Ordinance No. 1430) will further the Land Use Element goals and policies
applicable to the 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.
G. That proposed Ordinance No. 1430 is not a "project" under the California
Environmental Quality Act ("CEQA") pursuant to Section 15378(b)(2) and
(5) of the CEQA Guidelines.
IL The Planning Commission hereby recommends that the City Council approve
Code Amendment 2013-002 (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 9th day of July, 2013.
ESTEV"PZAK LL
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
1, 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)
ATTACHMENT 1
RESOLUTION s 4217
EXHIBIT ORDINANCE . 143 (PROPOSED AMENDMENT OF
THE SUBDIVISIONCODE)
Ordinance No. 1430
Exhibit 1
Page 1
SUBDIVISIONS
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 State
a --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 3-w9312 (E- ti �Exclusions from the Subdivision
R�e��Code). In the event that this chapter is silent or does not address a specific
subdivision issue procedure, or requirement, the Citv 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. 143O
Exhibit
Page 2
The type and intensity Ofland use oGshown onthe General Plan, any applicable Specific
Plan, Article S' 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, roado, highways, utilities, and other public services that shall be
provided bythe subdivider.
e. Subdivision Manual
The Director of Co ocedures
ient to administer the Subdivision Eode
Such rules and procedures shall be referred to as the Tustin Subdivision Manual. The
6ireetor 'is nts into the Subdivision MapLoal.,
f, Standards
reed to be installed in a subdivision shall
conform to the City of Tustin's "Street Desicin Manual and Standard Plans," The Qity_Epgjneer
'Street Desicin Manual and Standard Plans,"
e�g,__F|eSponSibi|ityand Delegation of Authority
Th
authorized this Subdivision Code sha.4-be
adrRir� -Development
City Council. The Tustin City Council
hoUhave the responsibility and authority toconduct public
hearings, and approve, or disapprove
6-U eGision-0_gny
reversion to acrggg��, and_aubdivision Code modifications ._Ib Cit Council _shall a�lso
review and uphold or deny appeals from actions taken in compliance with Section
City Engineer. The City Engineer shall beresponsible for:
(a) Determining if proposed subdivision improvements comply with the Subdivision
Code;
(b) Examining and certifying that final maps are insubstantial
Ordinance No. 143O
Exhibit
Page
() Processing and approving subdivision public improvement plans;
/d\ Establishing design andCOnst[UCtioOdetgLilsnd8Pd for public
improvements;
/e\ P[eporiOgubdivioioninopnDve[Dent8gFeeDlentS;
(f) Inspecting, approving and accepting subdivision public improvements; amdT
cost to the QAy-Land.,
n Manual and Standard Plans."
4�1 Director of Community C)eVe|oprnent1.Ai�.The Director of Community
DeVe|opnOen [}hreGtQr-shall be responsible for:
(a) Processing of tentative 8ps'final maps, reversion to
acreage maps, 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\ |nspecting, approving and accepting subdivision private improvements.
ests for
extension of a tentative mao, and the waiver of the Subdivision Code- and,
574. Director of Parks and .The
Parks and Recreationor desigpee
shall beresponsible for determining ifthe proposed
pork land dedications and/or recreation improvements related to o subdivision comply
with the Subdivision Code.
Planning Commission. The Planning Commission shall
co and review and recommend h]the
City Council actions, findings and conditions pertinent to the application for a division of
|8Dd rrelated discretiona actions, and
re incompliance with S321.b
Ordinance No. I43O
Exhibit 1
9312 EXCLUSIONS FROM THE SUBDIVISION CODE
Those activities identified in Sections 66412 1(exc--t subsection ) related to Lot Line
or 66426.5 of the Subdiyi���
be excluded from the reouirements of the Subdivision Code.
NM
Ordinance No. 143O
Exhibit
Page
Ordinance No. 143O
Exhibit
Page
9344-9313 WAIVER OFSUBDIVISION REQUIREMENTS
8 Waiver CfTentative 8pReoUiF8Dlento
est the waiver of
one or mo r the followina a(-tivities:
1. Division of neo| property or interests therein created by probote, eminent domain
procedureG, porthion, orother civil judgments or decrees.
2. Divisions ofreal property resulting from the conveyance ofland orany interest therein to
or from the Cd», public entity or public utility for o public purpose, such as school eitee,
public building sites, or rights-of-way Oreasements for streets, oeVVe[S, utilities, drainage,
etc.
-- 3, The unnnerger.inaccordance with the Subdivision Map Act and the Subdivision Code, of
real property has been merged pursuant to the Subdivision Code, the
Subdivision K8op Act or any prior ordinance of the City.
4. Where tenants ions of Section
66428.1 of the Subdivision Mqn Art
b Waiver Findings
After t t to Government Code Section
65943, the Director sh ar da s, The
requirements for a tentative trac�,�tatk4e-pafGe4-map or final map shall not be waived, in
whole or in part, unless the Director makes a finding that the proposed division of land complies
with requirements as to area, improvement and design, flood water drainage control,
appropriate improved public roads, sanitary disposal facilities, water supply availability,
environmental protection, and other requirements of the Subdivision Map Act, the Subdivision
Code and the Tustin General Plan, any applicable Specific Plan, Article 9, Chapter 2 (Zoning
Code) and other applicable provisions of the T-u��Cocle. The subdivider shall have the
C Certificate of Compliance Required
The Director shall file with the County Recorder oCertificate ofCompliance for the land to
be divided, in compliance with 8333.c. (Certificate of Compliance), and e plat rnop showing the
division. The certificate ofcompliance shall include a-doCU[D8nt8tionbythe County Tax
Collector incompliance with S325.b.4-5(Tax Certifioate\.
Ordinance No. 1430
Exhibit
Page
If the a he
Determination of Cornipliance, the an lication for a Certificate oLCornpliance shall be
ch other information as Mqy-���
ascertain the status of each arcel inclucle4jnjhg_qpp�������
structures on the property and all
her with the pLg�q��
Conditions may be imposed to provide for, 8DloRg other things, payment by the subdivider
of parkland dedication, drainage, and other fees that are permitted under the Subdivision Code,
the Subdivision K8op /\ct, or other relevant |ovv.
The decision ofthe Director shall be considered final unless onappeal isfiled incompliance
vvithS321.g-hkAppe8|S\.
all be made by the subdivider on forms
and with such f resolutiiii
ad forth the nature and extent of th
ion and the facts relied,", unon bv the
identif in the s ecial grounds or circumstances that will enable the r����din s t
be made.
Z Rec uired findin s for ap roval. An application for a modification shall be considered
the tentative rnqg,_yg��t��
me mendation on the matter from the
Planning Commission, To the ex to
the Subdivisio r conditionally
rements included in this chanter. the
of an unusual size or shap& — ic,
it its develo ment: or is affected
ed.that affects its dgygl��
the use to which the land involved will be devoted; eguires the modification it is
nform full to the re ulations
contained in this chanter.
Ordinance No. 143O
Exhibit
Page 8
S321SUBDIVISION AUTHORITY AND #4Al�l�\PPL|CATION
a Introduction
This part provides standard proceduresand requirements for the preparation, filing and
processing of applicati�ns for clii�isions 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 oneach type ofapplication for divisions ofland required bvthe Subdivision
Code.
Type of Divi�-Appficafion
Qode Inter
Certificate OfCompliance
Final Maps
Lot Line Adjustments
Parcel Mergers
Reversion toAcreage
Tentative K4GpS, including
Ves"Extension of Tentative
Map
Subdivision Code Waiver
Table 2-1
Review Authority
Decision Body
Director
Director
C,ounfrADi rector
Gorn-missionDi rector
Plan a[qg_�qorn AppealBody mission'
Commission'—City Council
Commission'
_
—City Council
�
Commission'Planninci
'The mission's decision may be appealed b]the COUO[ii
2 The Planning Commission shall make recommendations to the City Council.
c Application Filing and Fees
ce with this section and
1. Application Contents. Applications for divisions of land shall be filed with the
Department. pplication shall be considered
complete when:
(a) All necessary forms, materials and exhibits as identified in the City's Subdivision
Ordinance No. 1430
Exhibit 1
Page 9
(b) All necessary application fees and/or deposits have been accepted.
The tentative map, final map and other drawings which are to be
ultimately recorded shall be prepared by a registered civil engineer or licensed land
surveyor. The maps and exhibits shall be clearly drawn and contain the necessary
information as determined by the Department. The Department may also require additional
materials, exhibits, data or information determined necessary to accomplish the purposes
of the Subdivision Map Act and/or the Subdivision Code.
2. Eligibility for Filing. Applications may be made by the owners 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 a lication is
com late, All applications filed with the Department in compliance with the Subdivision Code
and the Cit '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 the -a 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 QualitV 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. Qnce the application is determined to complete Ail -all
subdivision applications shall be reviewed as required by a -En
Q CEQA} 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 bv 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
Concurrent Processing
e:f Notice Nearing
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). The 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 ublic hearin or meetin is scheduled to be held pursuant to this cha ter
notice of the time and olace thereof including a Cleneral description of the location of the
proposed subdivision the identit�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 revisions of the Cit 's Subdivision Manual and Government Code Sections 65090 and
65091.
ro Deed conversion of residential real ro eri to a condominium community apartment,
or stock Cooperative pro"ect shall be noticed in accordance with Sections 66452.17 throe h
66452.20 of the Subdivision Map Act,
Ordinance No. l4]O
Exhibit 1
Page 11
Additional noticii:i time as ; ecified mi iluired to com I i with noticing ri ts
of the California Environmental Quality Act. In the event of a conflict between recluired noticina
The D r advisable.
Substantia e sufficient and a technical failure
Subdivision Code,
The shall consider any
interested ppgy._including pOrtSfrOnn affected agencies, ud|UOeS or School O|sthCtS
tQ approving, conditionally approving, or pp|iCGtion
land.for division of
Notwithstandi
Act or other state cod ions.
fo PUb|iCHeohngS
Whenever a public hearin is re uire by the Subdivision Code, and the a lication for
sub�7i-vision and
ce with this Code, all other applicable Codes
that includes applicationLsi that propose
actions that, if approved b the decisioD_tpjy, would correct an noncom liance, the
accordance with the deadlines for qqt!q����
gh Aopeo|S
The eubdivider, or any other interested partv, may mppam| any action of the decision body to
Ordinance No. 1430
Exhibit 1
Page 12
Ell
The appeal shall be scheduled for consideration by the appropriate appeal body identified in
9321.b (Authority for Subdivision Decisions) within thirty (30) days of receipt of an appeal, with
the same noticing as required by Section 9321.f-g_(Public Hearings), unless otherwise mutually
reed u on b the Director and the Pro art CwnerlA Iicant. If there is no regular meeting
which notice can
Section 9321,f, thea eaI ma be heard at the next re alar meetin for which notice can be
iven or within 60 da s from the date of the recei t of the re oast whichever eriod is horter.
L4ssue
of -the -spac�^ � ;sted4n-the-appeaf-. The hearing shall be de novo and the
ma a rove. a rove with conditions. or dila Drove the matter in accordance with this Code or
remand the matter to the decision bodyfor further proceedings in accordance with directions of
thea eal bod A decision of the Cit Council on such a eal shall be final
4--E*pif��E-xteervs�ens
Ordinance No. 1430
Exhibit 1
Page 13
devel,apmeat- -f--e-4mpG&ed-4o44e—vpea kbGdy4a-co mPkan-Gc-1-94APPeals-)-
9322 LOT LINE ADJUSTMENTS
a Purpose and Applicability
The purpose of this section is to provide for the submittal and processing of g_c�Iete
application in compliance with subsection 932 c (aoplication filinct and fees} fora lot line
adjustment -s goffour poLrIfegwAer fewer ad parcels in a manner so that any land taken from one
pq[qq1 will be added to an ad oinin arcei in
compliance with the Subdivision GodeMqp Act.
4--An-appUGatio-n-f[a
Ordinance No. 1430
Exhibit 1
Page 14
GAIYAVhepll�
Any-f-equest-wh4G#-wGuW--c+eate-a-gf�eatef-aunibef--of-p-rGped�e�-reqO%-the444-ig--of
tian���
Parc,�-TeRta�-Tfact-Alaps-)�, �r-as,%ay-GtheRqis�,,-b,--prov,4ed-by4h"ubdmsio-P
GGd-F-I,-
Gb Application Processing and Review
Each application shall be analyzed by the Department to ensure that the application is
consistent with the purpose and intent of this section, the Subdivision Map Act and the
Subdivision Manual.
A lication review shall be limited to a determination of the followiM.
a Four or fewer existing adioinrng parcels are involved:
b No greater number of parcels v+rill result from the lot line adiustment
c The arcels resultin from the lot line ad ustment will conform to the Tustin General
Plan, and any gnplicable -0ecifi - olanj.,tonin and bnilcdlin ordinances,
2. No conditions or exactions shall be imposed on thea rov l of a lot line ad ust ent
except to conform the proposal to the Cit 's General Plan zonin and build!Min
Ordinance No. 1430
Exhibit 1
Page 15
ordinances and/or to require theDre p iment of real � ro erty taxes nor to the
oft e a roval of the lot line adiiustment, or to facilitate the relocation of existino titilitips
infrastructure or easements.
3. No tentative or final rna shall be re aired as a condition to thea royal of a lot line
adjustment.
4. No record of survey
8762 of the Business and Professions Code.
dc Finding -s -and -Decision
been submitted and that the application
com lies Frith the Subdivision M Act Subdivision Code and Subdivision Manual. T4ie-the
oat -Director shall approve- conditionally approve or disapprove the proposed lot line
adjustment. o .s
based-
Ana roved lot line ad ustment shall be reflected in a deed ich shall be recorded with
the office of the Count recorder in accordance with the rovisions of Section 66412 d of the
'6overnment Code. The-Goup-c4r p4:ove-a4justnient,-w4h--GF
w4thot4t--GGRd4t*ns,-44be-fo4ew+Rg-fmdwqs-a44,-mad-e- If a Record of Survey is prepared and
fiied�s Certificate of Compliance shall also be recorded.
Ordinance No. 143O
Exhibit 1
Page 16
Ordinance No. 143O
Exhibit 1
Page 17
Each f this section and the Subdivision
on Manual, Pr000sed divisions of land shall
1. Divisions of Land- Four or Less Parcels: Tentative
pgE��els or where:
1 . The land before division contains less than five (5) acres, each parcel
area of twenty 20 acres or
more a
3. The land consists of to a
oublic street or highway, which comprises
of a tract of land zoned for
industrial or commercial developM���������
to street
area of not less than fortv (40)
acres or is not less
5, The land being subdivided is solely for the creat: --v environmental
subdivision oursuant to Section 66418.2 of the Subdivisign _MaA�ct.
as defin
short-term leases (terminable b either onrty on not more than 30 caLenqaLdays
notice in wrijing).
for land e ance to such ublic
the Director in individual
cases, Won substantial evidence,
or from a overnmental
a license.
2. Division of Land: Five or More Parcels, Tentative Trqq����
a A tentative tract map shall be reciuired for all subdivisions
in Section 783 of the California
the conversion of a dw ore
to Section 9323b.1 of
this fode.
Ordinance No. 14]8
Exhibit 1
Page 18
1 . The financina or leasi-- of -partments, offices stores or similar - - within
al buildin s mobile home
3. Land dedicated for cle.
4. The lea
5, Leases of Anricultural land for -oricultur DU -oses. As used in this subdivision,
6. The fina n thereof, in
65852.1 or second unit ursuant to Section 65852,2, but this Section shall b -
f those units. Subdivisions
floor area of less tha ctions
C Application Processing
to ensure that the gnplication is consistent with jl�����E4G#-appkatio-�.
requirements of the Subdivision Map Act, Subdivision Code, Subdivision Manual Tustin
General Plan, any applicable Specific Plan, Article 9, Chapter 2, (Zoning Code) and other
applicable provisions of the Tustin City Code and state law.
Ordinance No. 1430
Exhibit 1
Page 19
1, Tentative mao DDlications shall be determined to be complete b the D oartment onl
a. All necessarY application forms materials and exhibits as establishgj-Oy the
b, ccordance with the
for subdivision for finance and convey2D�q���
easements is acce ted as ade uate b the Cit Ef ineer. Said title r hall be
'�u—rrentwithin three (3) weeks of the submittal of the final ma and be UI dat—I
I until final action on the
qpElication is taken*
gd, Ali necessary determinations and documents to
Environmental Qualitv Act have been certified or adontp& a--4
e. All fees and/or deposits have been submitted and accented.
2. Tentative maps shall be consider the Plannin Commissio
9321 b 'Authoritv for Subdivision Decisionsh with a noticed
exe Ption from CEQA or which will rel u on a previously certified environmental
the Plannino Commission within 50
calendar days of the date when the D 'Dartment has determined the aoolication
4. Tentative map a—lications whi hat
ance with CEQA shall be
reviewed and acted u on bv the Plannincl Commission in conjunction with the
environmental document, except that the Planning, Commission shqll �rovid�ea
5, The E!gDnin_q_Cornmission shall-fecQn:imend-tG4.he-GGu4:wA, after a public hearing,
a. Th 'Dro osed mar) is consistent with the Tustin General Plan or anv ann icable
bdivision M,'T Act and other
Ordinance No. 143O
Exhibit 1
Ordinance No. 143O
Exhibit
Page 21
to make the develo ment proposal consistent with
Commission shall provide a recommendation to the City Council.
As a condition of anoroval of a subdivision malo. the subdivider ma be reguired to dedicate
or make an irrevocable offer of dedication to the pjq�bhcth�rouh _the�®riaqteub�lic�
or benefit. Any d itipEn
I be dedicatgd by easement or in
nd shall also be so identfLied upon the
tentative
The Planning Commission's action on the tentative M::::! D shall be final unless
a recommendation
within
30 calend iven in
compliance with 9321.g_(Public Hearings). All applicable time frames for the Commission to
recommend on the tentative par-o��tative4r-aGt-map application specified by the
Subdivision Map Act, the Subdivision Code or other relevant law, may be extended by mutual
consent Ofthe subdivider and the CDDlDlisSioxl.
The shall take action, after 8public hearing, bJapprove,
approve with CDOdidDnS or the tentative Dl@p+x*&+xf#*e
`"''~ ''a'''e&e~^~~^~''~~ ~�~~~~'~'~'~'' '^'~r ' `~^ ~f---h-r-F-l-'-n- - . ' - -,''--- - - '
body_authorized extension thereof, the t ed,
insofar as it complies with other a licable r uirements of the Subdivision M
Subdivision Code and t of the Cit Clerk to
e decision makin bad,, to act on the
relevant law, may be extended by mutual consent of the subdivider and the decision makina
d Findings and Decision
The shall record its decision iOwriting with the findings upon
which the decision is - based. The City Council may approve an application for a tentative par -,&I
Dlap.with Drwithout conditions, supported bythe findings required by Section
he Subdivision Map Act and by the findings required by the California EOVirDODlentm|
Ordinance No. 14]O
Exhibit 1
Page 22
fe Post Approval Procedures
Appeals. The decision of the Plannmi1 Commissio ealed to the Tustin Citv
Cogn�q�����The decision of the City_Council is final.
ths
exceed an additional twelve J12LMonth, or such other period as mav be authorized bv
State Law. Pri ranted ursuant to
this section, the subdivider shall cause the subdivision or any part thereof, to be
Su ce with the ttqtq��
t Code Section 66456 et seg.,
3. Extensions, The subdivider may reguest an extension of the expiration date of the
filin a written re uest with the
ouncil resolution. The
fili until the extension is acted on.
`The Director shall determine whether sufficient evi Pnrp kA/,q 1Z rovided in the_qppLcation
that there are n r has made q_gogd
faith effort to establish the subdivision.
36 r disa roved. No extension shall
be ranted that would extend the tentative mlqlp more than six Vears beyond the date of
the tentative MaD unless otherwise authorized by State Law, As a condition to grnnfinn
an extension o e
int
and intent of this Subdivision Code,
shall be in addit t extension authorized b Government Code Section
664 . The subdi I eal the decision of the Director if filed with thp (-itv
Clerk within 15 calendar dlqx/s of the date of the action.
9324VESTING TENTATIVE PARCEL AND RACTMAPS
a Purpose
The purpose of this section is to provide for the submittal and processing of
Ordinance No. 143O
Exhibit
Page 23
land iDcompliance with the Subdivision Map Act the Subdivision Code, and the City's
Subdivision Manual.
b App|ic@bi|
Whenever a provision of the Subdivision Map Act or the Subdivision Code requires or
authorizes the filing Cf@tentative @p, @ vesting tentative
[D@pmay befiled inSte@ .Th8
filing {f@ vesting tentative Dl@p. as opposed to @ tentative #aEA
Dl@pshall not bemprerequisite tDany approval for any proposed subdivision,
permit for construction, or work preparatory to construction.
Ordinance No. 1430
Exhibit
Page 24
htSDfmVesting Tentative Map
SU of this Code,_The7the approval or
conditional approval of @veSting nt@Livemap shall confer @
vested right to proceed with development in substantial compliance with the ordinances,
policies, and standards aodescribed in Section G8474.2ofthe Subdivision Map ACL_.
HDvVewe[. if Section 88474.2 is F8pe@|ed, the gppnJv@| of vesting tentative
Dl@pshall confer mvested right tOproceed with development iO
substantial compliance with the ondinanoeS, po|ioiee, and standards in effect at the time
the vesting tentative map isapproved orconditionally
approved.
2. Apermit, approval, exUanoion.orentit|emerteougitafterapprova|Vfavaodngtentaima
@pmay bBconditioned 0rdenied ifany Dfthe
Ordinance No. 1430
Exhibit 1
Page 25
(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 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 e r
t -map. When several final maps are recorded on various phases of a project
covered by a single vesting tentative-ative4 map, this -the
one (1) year initial time period shall begin for each phase when the final map for that
phase is recorded. All of the said final maps must be
recorded within the time period set forth in Section 932 3.f. ( e -E s sPost
Ap roval Procedures) or the vesting tentative map
approval shall expire for those parcels for which finalc-e44r . aI 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 desictn review, if the
time used by the City to process the application exceeds th+ ? )30 calendar days
from the date that a complete application is filed. At an time rior to the ex iration
of the one 1 ear initial time eriod, the subdivider ma s for sone- ear
extension. The Director shall a rove. conditionals a rove or den the re oast.
The subdivider rn a eal the decision of the Director if filed with the Cit Clers<
within 15 calendar clays 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 triGt-r�- - tenta#ve 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 t -map shall not limit the City from
imposing reasonable conditions on subsequent required approvals or permits necessary
for the development in accordance with subdivision (g)c-(2) of this section.
9325 FINAL MAPS
a Purpose
The purpose of this section is to provide for the submittal and processing of final ps
fig r ct--maps in compliance with Subdivision Map Act and the Subdivision Code.
b Appi 4y-aRequirements
An application for a final ^r 0 l -t -map may be filed with the Department in
compliance with 9321.c (Application Filing and Fees). The final t�map shall be
prepared in a manner acceptable to the City Engineer and i pr a-ro- ' c4v+i
,-
Ordinance No. 143O
Exhibit
Page 26
-bfaGk-G4PG���e-f4m-an-d-shall contain the
information identified in the Professional Land Surveyor's Act Subdivision Ma - A - 'i e
Subdivision Code. and the City's Subdivision Manual, unless waived by the G4y
n@| shall beaccompanied bvthe following
data and reports. The Director CityEngineer-or —City Attorney may also require additional
materials, exhibits, data or information as deemed necessary to accomplish the purposes of the
Subdivision Map A Subdivision Code, . Rn@| OO@p
applications shall bedetermined tobecomplete bythe rector only
when the following actions have been completed:
Applications Forms. All necessary application forms, materials and exhibits identified in
the City's Subdivision Manual
as adequate�q�let�e;
2. Improvement Plans.
entered into an ed im rovements, as
required by Section 9332 (Improvements) of this code and by conditions of the tentative
- nu
1 Title Report. A -The subdivider has submitted a certificate of title, ajLo��
of the State to write the same, showing the names of all persons havi title
interest in the land to be subdivided, ether with the nature of their re ective interests
therein te,gal-owpe�nd-a-t4y-enG��s-apA--�--asemeTfts-accepted as adequate by
the Qty-En�Qppgrtment. Said title report shall be current with i
the submittal of the final rrign —4 h- updated every
the Director sj*46)4n-G�from the date of the original submittal until final action on the
application is taken;
4. Survey, Final M Ds shall be based on a field s v in confoni 1v with the Professional
Land Sur /or's Act, ThE i of the land to be subdivided shall be made by a
surve in or licensed land surve or.
All monuments or i lines centerlines of streets all s and easements q0jgtpjng�qr
with,in the subdivision shall be tied i nt.o the survey, The allowable error of closure on anv
or field closures and 1/20,000 for
calculated closures.
At the tim
or shall set
sufficient durable monuments to conform with the standards described in §ection 8771
of the Business and Professions Code so that another engineer or surveyor m
recordi the final ma , Other monuments shall be s nor to recordi
the C
Ordinance No. 1430
Exhibit 1
Page 27
5. Tax Certificate. A -The subdivider has submitted a certificate from the County Tax
Collector stating that all taxes ors ecial assessments collected as taxes due have been
paid or that a tax bond or other adequate form of security assuring payment of all taxes
ors ecial assessments which area lien but not yet payable has been filed with the
County;
5 6.
Dee4s4ofDedications and Easements of-"._ All dedications or
easements have been made b certificate on the final ma unless use of a se erste
instrument for such dedication has been a roved b the Cit En ineer. Deeds for off-
site easements or rights-of-way required for road or drainage purposes which have not
been dedicated on the final rights of entry or permanent easements across private
property outside of the subdivision permitting or granting access to perform necessary
construction work and permitting the maintenance of the facility have been accepted as
adequate;
6-i. 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;
6:0. 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;
10. Improvement Agreement. In the event sewer, water, drainage, grading, paving,
or other required improvements have not been completed prior to the presentation of the
final map, an agreement has been filed for the improvement thereof and accepted as
adequate;
11 Prior to recordation of a final map street names shall e identified and approved by the
Director in accordance with the Subdivision Manual.
12. In addition to the normal full sire Ian submittal. the roved version of all final ma s
shall be submitted in com afar aided deli nand draftin CADD format consistent with
CADD conventions and guidelines established b the Cit En ineer.
11-0-1. Liability Agreement and Insurance. A hold -harmless agreement obligating the
subdivider to hold the City and its officers, agents and employees harmless from any
Ordinance No. 1430
Exhibit 1
Page 28
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's own liability for damages or claims
for damages for personal injury or death to any person, and for injury to property which
arise from the operations of the subdivider or subcontractors in connection with the
subdivision naming the City as an additional insured has been filed and accepted by the
City. The agreement and certificate required by this subsection shall be subject to prior
review and approval by the City Engineer and City Attorney;
-4-1-14. 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 Engineer.
c Multiple Final Maps
Multiple final maps relating to an approved or conditionally approved tentative el -or
teata#�-trast-map may be filed prior to the expiration of the tentative map if the subdivider, at
the time the tentative map application is filed, notifies the Director of Community Development in
writing of the subdivider's intention to file multiple final maps on the tentative map. In providing
the notice, the subdivider shall not be required to define the number or configuration of the
proposed multiple maps. If the subdivider did not provide written notice of its intent to file
multiple final maps at the time of the tentative map application was filed, multiple final maps may
only be filed with the concurrence of the Director. The right of the subdivider to file multiple final
maps shall not limit the City's authority to impose reasonable conditions relating to the filing of
multiple maps. Each final map which constitutes a part, or unit, of the approved or conditionally
approved tentative map shall have a separate subdivision number. The subdivision
improvement agreement executed by the subdivider shall provide for the construction of
improvements as required to constitute a logical and orderly development of the whole
subdivision.
d Application Processing Review and Approval
Each application shall be analyzed by the Department to ensure that the application is
consistent with the purpose and intent of the Subdivision Map Acts the Subdivision Code,
the Subdivision Manual, and any conditions of approval of the tentative map. Upon
determination of a complete final��-map, W rtr , t
b a -the Director shall t as . -approve,
th h it or disapprove the final t map within the time frames
established by the Subdivision Map Act.
The ii -Director shall recordits-the decision in writing with the findings upon which the
decision is based— a if y- -ev -a
t at arc t as r u 4 -C ci . An
a royal shall be based a on findin that the final map is in substantial compliance with
Ordinance No. l43U
Exhibit
Page 29
the requirements of the Subdivision K88p Act, the Subdivision Code, the tentative
apand all conditions thereof.
of a final map, 4-Lhe City
EDgineer shall also -have the autho[�y to accept, accept subject to improvement, or reject any
offer of dedication. If at
the time the final map is approved, any streets, paths, alleys, public utility easements, rights-of-
way for local transit facilities, or storm drainage easements are not accepted by the Go4n-,4Qit
En ineer, the offer of dedication shall remain open and the GGu44r.4-gQi1K5MjDe�may,--by
r��� 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
The Cityaccept 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.
g�q_postApproval Procedures
City Engineer Signature. The subdivider shall submit to the City Engineer the original
opand any duplicates per County requirements, corrected tOits final
form and signed byall parties required toexecute the certificates onthe 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 tOtheCity-Gle*Qount Recorder.
2. Filing with the County Recorder. Upon approval of the final nl8p by the QGunc-ADi rector,
and signature bvthe City Engineer, the City Clerk shall execute the appropriate
certificate onthe certificate sheet and shall, subject tothe provisions ofSection UO484of
the Subdivision Map Act, transmit the map, orhave anauthorized agent forward the
map, to the County Recorder. After recordation of the final nnan, the subdivider shall
Ordinance No. 1430
Exhibit l
Page 30
a Purpose
The purpose ofthis section imto provide for the submittal and processingofsubdivided
property reverted bzacreage pursuant k}the provisions 8
Subdivision K8op the Subdivision Codeand the Subdivision Manual. This section mh8U
apply tOfinal maps,
Subdivisions may also be merged and resubdivided without reverting to acreage pursuant to
Section 66489.20' 1/2 of the Subdivision Map Act and the Subdivision Code.
b Initiation ofProceedings
4—.Proceedings to revert subdivided property to acreage may be initiated by resolution of
jtnh�et �QitQ�ouncil _®r with the submission of a formal pet4kwi-,of all of the
owners of record of the property.
C
t shall contain the
informatio other information deemed
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 followin recei t of a recommendation on the mgt!gLby the Planning
Commission r -the G4„ i;' --"mss dot r �-b 4 ,µ Gmoete. 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.
sSY",yj'" a. iAi ✓ ' S L" '
y f f C�$"'T�'CSi�Li �V DC7
An -A complete application for a reversion to acreage shall be scheduled for a public hearing
before the Council followin recei t of a recommendation on the mgt!gLby the Planning
Commission r -the G4„ i;' --"mss dot r �-b 4 ,µ Gmoete. 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.
Ordinance No. 1430
Exhibit 1
Page 32
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 Acts the
Subdivision Code, and the City's Subdivision Manual.
b Applicability
Except as provided in Section 66451.110-(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 -c; (Notice of Intention to Determine Status). Subsection 2 shall
Ordinance No. 14]0
Exhibit
Page 33
not apply ifany Cfthe conditions stated iDSection 68451.11(b\
throuqh IQ of the Subdivision Map Act exist.
c Parcel Mergers Initiated k,/ +hn
G1, Notice of Intention to Determine Status
Prior torecording anotice of merger, anotice ofintention todetermine status shall ba
prepared by the Director and delivered to the current owner of record by certified mail,
unI rsuant to 9327b3.
The notice shall state that the affected parcels or units of land may be merged pursuant
to the Subdivision Code and that, within thirty (30) ��alendar days from the date the
notice of intention was recorded, the owner may request a hearing before the Planning
Commission to present evidence that the property does not meet the criteria for merger.
The Notice of Intention to Determine Status shall be filed with the County Recorder by
the Director on the same day that the notice is mailed to the property owner.
Q.Hearing onDetermination OfStatus
The owner of the affected property may file a written request for
by the Planning [|ononoiSoion VVbhiD thirty /30\ 8ym after recording of the notice
of intention to determine status. Upon receipt of the request, the Department shall mat 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 /80\ galendar days following the receipt of the owner's nequemt. 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 on opportunityto
present any evidence that the affected property does not meet the requirements for
merger specified inthe 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 Ofthe determination.
eLDetermination of Merger
If the Planning Commission nnokam o determination that the parcels are to be nnargad.
the Director s a notice Of merger shall
be filed with the County Recorder by the Director within thirty (30) �qglendar days of the
conclusion of the Commission's action, unless the decision has been appealed in
compliance with 9327.�-e (Appeal). The notice of merger shall specify the name of the
record owner and a description of the property. The notice of merger under the
Subdivision Code shall be in a form approved by the Director prior to being filed for
record with the County Recorder.
|fthe Planning Commission makes odetermination that the parcels shall not bamerged,
a release of the notice of intention to determine status shall be filed with the County
Ordinance No. 143O
Exhibit
Page 34
deterDiDEdiOO, unless the decision has been aoDealed in com0liance with 9327.e
��ea�rand a clearance letter shall be delivered to the owner by certified mail.
Go GOnd4iGR-Of
ination When NOHearing iSRequested
If the owner does not file a request for a hearing
daY-s-a#ef4he4e-G����4nte-Rtio��n44ie—,t�-s, the Director m-ay-
,�ihall 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,,,-gniess the decision
jh1as been ealed in co liance with 9 j.e (AppealLwith the County Recorder by the
Director within ninety (90) galenclar days after the mailing of the notice of intention to
determine status in compliance with 9327cl (Notice of Intention to Determine Status).
hLR-e��ergeRarcel M by the Property Owner
0101 If the merger of contiguous parcels or units of land is initiated by the record owner, the
owner may waive mwriting the right tor consideration bythe Planning Commission and b}all
notices required by the Subdivision Code. Upon receipt of such waiver, the Director shall make
a determination that thtpogfrgcgeLls are or are not to be meraed. If th
_�j tQLbe merged,_ the
5irector 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.
The decision of the Director or Planning Commission shall be considered final unless an
8328CORRECTION AND AMENDMENT {]FMAPS
8 /\Jiert8bVa opm
Prior to final map approval, the Q or the subdivider m
amendments tothe approved tentative op, including vesting tentative
roval of a new tentative me . as
sp cified in the Subdivision
2. Cha as in Conditions oroval Minor Corrections, and Amendments to an
Ordinance No. 143O
Exhibit 1
Page 35
�Q�han es in conditiqnsof �oroval �and minor corrections and amendments to an
qppEqyq�_���may be approved by the Director - upon the filing of an
application and paying applicable fees, as established by Counc7il resolution_, -a�
subdivid���tn4ent�&�-in*ativ-F-,—provided that:
o lots, uOh3. or building SheS or structures are added;
The changes are consistent with the intent and spirit ofthe original tantabvarnmp
approval; and
There are noresulting violations ofthe Tustin General Plan, Zoning Code, and
applicable Specific Plan, the Subdivision Code, or the Subdivision Map Act. The
A correction or amendment of a map shall be indicated on the tentative mar). An
endments shall not alter the
expiration date of the tentative pafGet-or�at-t-map
b Final
1. After ofinal 8piSfiled iDthe office of the County Recorder, it!bg map
own thereoo�_or
d there from: or
wn on the mqr), or
ctice or
ilities for setting
monuments: or
monument which has bg����
in location or character,
ant to Section 66434.2 of
the Subdivision K; o Act. if the correction does not impose eii! r/ additional burden on
s not alter anv naht. title. or
interest in the real ropertv reflected on the recorded rnqn- or
ion as a roved b the Count
ut not
Ordinance No. l43U
Exhibit 1
Page 36
limited to, I nt record
n es in courses or distances
from which an error is not ascertainable from the data shown on the finaLmap-, or
finds that:
of the conditions of
such rngp_ag longer approprjgjg_gLp����
burden on t�e=��ner
interest in the real nrnoe4-
ified in
Section 9323c of this code.
Z The amending map or certificatecorrection mhoU 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 Subdivisio o Act, Subdivision Code and the
City's Subdivision K88Ou8|. The rtifiC8t8 of correction Sh8U set forth
in detail the corrections made and show the names of the present fee owners of the
property affected bythe correction
recgLded map. a or certificate of
correction withi nce with the provisions
of the Subdivisi ivision Manual and
shall either cer er or return it with a
written statement of the cha ents of
the Subdivision n Manual. If the
resubmitted corrections are rkin
3. Modifications made pursuant to ��|�s�1����
hearing before the nSistertwith the noticing
provisions OfS321.fo/Pub|iCHBohngm\.The hearing bvthe
shalldecision maker beconfined 1O consideration of, and action on, the proposed
modification. Modifications identified in Section 932q0jILa) through_Lq�, shall be reviewed
4� meDdingmap orCe�����Q}r��OO�#��bv�e C�
EOgiO88 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
Ordinance No. 1430
Exhibit 1
Page 37
conclusively so corrected, and thereafter shall impart constructive notice of all such
corrections in the same manner as though set forth upon the original map.
PART 3 DEDICATIONS, IMPROVEMENTS AND ENFORCEMENT
9331 DEDICATIONS, RESERVATIONS AND DEVELOPMENT FEES
a Dedication of Streets, Alleys, Bicycle Paths and Other Public Rights-of-way or Easements
To be consistent with the Circulation Element of the General 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 oft iv4a-rie -fir
real property both on and off site required for ublic 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
4except as otherwise provided in Government Code Section 664774), for the purpose of
developing new or rehabilitating existing neighborhood or community parks and recreational
facilities to serve the subdivision, and in accordance with the standards and formula contained
in this section.
Ordinance No. 1430
Exhibit 1
Page 38
1. General Provisions
(a) Applicability. The provisions of this section shall be applicable to the division of real
property defined as a "subdivision" by Section 66424 of the Subdivision Map Act.
(b) Exceptions. Park land dedications or fees in lieu thereof shall not be required for the
following:
(1) Industrial subdivisions.
(2) Commercial subdivisions.
(3) Condominium projects or stock cooperatives in an existing apartment building
which is more than five (5) years old and no new dwelling units are added.
(4) Subdivisions containing less than five (5) parcels and not used for residential
purposes.
(c) Waiver. Parkland dedication 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 Dwellingit
0-7
3.2-539
0102
7.1-152.7--335
0066
15.1-25
2.4-524
QG650067
I ,Mobile home
Parks
2.4-524
n
0067
Source: Tustin General Plan Land Use Element as amended
These density ranges, average person per dwelling unit and/or parkland acreage per
dwelling unit shall be used to achieve a parkland dedication rate of three (3) acres of
parkland per one thousand (1,000) persons unless alternate density ranges, average
persons per dwelling unit and/or parkland acreage per dwelling unit are established in an
adopted Specific Plan adopted in compliance with Government Code Section 65450 et
Ordinance No. 1430
Exhibit 1
Page 39
seq., Disposition and Development Agreement in compliance with California Community
Redevelopment Law, or other agreement.
3. Fees in lieu of dedication
When there is no public park or recreational facility required within the proposed
subdivision, the subdivision is less than fifty (50) parcels, or the project is a conversion of
an existing apartment complex to multiple -owner occupancy not exempted herein, the
subdivider shall pay a park fee, on a per unit basis, reflecting the value of land required
for park purposes. The value of the amount of such fee shall be based upon the fair
market value of the amount of land which would otherwise be required for dedication.
The fair market value shall be determined by a Master Appraisal Institute (MJAMAI)
appraiser acceptable to the City and at the expense of the subdivider; and the
determination shall consider the value of a buildable acre of land at the time the final
map is to be recorded, as if otherwise the land would be fully developed to the
residential density shown on the tentative map for which the fees are required. If
more than one (1) year elapses between the appraisal and recording of the final map,
the City will require that a new appraisal be prepared at the expense of the
dev-e4oparsubdivider. 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
�Ogyres onsible decision maker.
For subdivisions in excess of fifty (50) parcels, thePl r n g rnis responsible
decision maker 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 d --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 cd3.
Ordinance No. 1430
Exhibit 1
Page 40
5. Credit for private open space
Where private open spaces 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 P4anning
Gen4mission-responsible decision maker 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 A -subdivision and which cannot be defeated or eliminated
without the consent of the+-Cidresonsible decision
Maker;
(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 Plan, and are approved by the
I res onsibEe decision maker;
(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,
lawned area, bathhouses, or other facilities developed and used exclusively for
swimming and diving and consisting of no less than fifteen (15) square feet of
water surface area for each three (3) percent of the population of the subdivision
with a minimum of eight hundred (800) square feet of water surface area per
pool, together with an adjacent deck and/or lawn area twice that of the pool.
Ordinance No. 1430
Exhibit 1
Page 41
(4) "Recreation buildings and facilities" which means facilities designed and primarily
used for the recreational needs of residents of the development. Partial credit
may be awarded for sites which do not incorporate the required basic elements
or are less than one (1) acre when deemed beneficial to the community by the
s�responsible decision maker.
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 Planning Commission as to whether credit shall be given
and the amount of credit shall be final and conclusive, unless appealed to the City
Council® as-provid I 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 res onsible decision maker 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 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 f -map as submitted.
(2) At the time of the tentative -map approval, the P4a44r4pg
GGmfnjs&ienEresponsible decision maker 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 Manu;.
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
trac4--map and shall be recorded contemporaneously with the final t of -map.
Ordinance No. 1430
Exhibit 1
Page 42
(b) Determination. When land is proposed to be dedicated, the P� iqg
o -i nresonsible decision maker shall determine the appropriateness of the
land to be dedicated based upon the following:
(1) The conservation/Open Space/Recreation Element of the City's General Plan;
and
(2) The topography, geology, access and location of land in the subdivision available
for dedication; and
(3) Size and shape of the subdivision and land available for dedication. The
determination of the Planning Commission as to whether land shall be dedicated,
fees charged, dedicated land improved, or any combination thereof, shall be final
and conclusive, unless appealed to the City Council.
In 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 ouncil 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. Where
parkland is to be provided, such provisions shall be included, where applicable, in
zone changes, planned community texts and development plans, tentative and final
tr maps, d- ar -and conditional use permits.
(b) It is the duty of the Director of it sparks 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 G4y- SePAce Parks and Recreation shall prepare a schedule
for approval by the P4 rr r air City 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) r lie . shall rir t W r
°' . any ret�uired in -lieu fees for residential
develo went shall be aid on the date of final ins action or certificate of occu anc.
W whichever occurs first. The City may require fees to be oaid at the time of building
ermit issuance for non-residential develo meat and ori residential develo meat
(other than low income housinrl described in Government Code section 56007 "b 2`.
if the fees will be used to construct a public improvement for which the City has
Ordinance No. 1430
Exhibit 1
Page 43
established an account the City Council has authorized expenditures from the
account and the Cit has ado ted a 1prased construction schedule or to reimburse
itself for funds alread sent on the im rovement.
9. Limitation of use of land and fees.
The land and fees received under this section shall be used only for the purpose of
providing park and recreational facilities to serve the area from which received, and the
location of the land and amount of fees shall bear a reasonable relationship to the use of
the park and recreational facilities by the future inhabitants of the subdivision, the
community, and the general area from which it is received.
e Reservations
1. General
Based on the General Plan, or applicable specific plan, as a condition of approval of a
tentative map, the subdivider may be required to reserve sites, appropriate in area and
location, for parks, recreational facilities, fire stations, libraries or other public uses
according to the standards and formula contained in this section.
2. Standards for Reservation of Land
Where a park, recreational facility, fire station, library, or other public use is shown on
the General Plan or an adopted specific plan, the subdivider may be required by the City
to reserve sites as so determined by the City in accordance with the policies and
standards contained in the General 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.
3. Procedure
The public agency for whose benefit an area has been reserved shall, at the time of
approval of the final map cel , enter into a binding agreement to acquire such
reserved area within two (2) years after the completion and acceptance of all
improvements, unless the period of time is extended by the Director upon mutual
agreement.
4. Payment to Subdivider
The purchase price for the reserved area shall be the market value thereof at the time of
the filing of the tentative map plus the taxes against the reserved area from the date of
the reservation and any other costs incurred by the subdivider in the maintenance of the
reserved area, including interest costs incurred on any loan covering the reserved area.
Ordinance No. 1430
Exhibit 1
Page 44
5. Termination
If the public agency for whose benefit an area has been reserved does not enter into a
binding agreement in accordance with this section, the reservation of the area shall
automatically terminate.
f Local Transit Facilities
As a condition of approval of a tentative map, the subdivider may be required to dedicate, or
make an irrevocable offer of dedication, of land within the subdivision for local transit facilities
such as shelters, benches, bus turnouts, landing pads, park-and-ride facilities, and similar items
which directly benefit the residents of the subdivision, if (a) the subdivision as shown on the
tentative map has the potential for two hundred (200) dwelling units or more if developed to the
maximum density shown on the general plan or contains one hundred (100) acres or more, and
(b) if the City finds that transit services are or will, within a reasonable time period, be made
available to the subdivision. The irrevocable offer rnav be terminated as pfgyjded in
subdivisions c and d of Section 66417.2 of the Subdivision Ma Act.
` ec .€yOnC the a went of fees in lieu of the dedication
of land ma be re aired in subdivisions that consist of the subdivision of air----- in existin
buildin s -to-into condominium projects, stock cooperatives, or communit apartment
roicts, as those terms are defined in Section 1351 of the Civil Code
d+ ` irra n f ears old
g Bridges and Major Thoroughfares
Purpose. The purpose of this section is to establish provisions for assessing and
collecting fees as a condition of approval of a final map or prior to issuing a building
permit for the purpose of defraying the actual or estimated cost of constructing bridges
or major thoroughfares pursuant to Section 66484 of the Subdivision Map Act, and in
order to implement the Circulation Element of the General Plan and, in the case of
bridges, the transportation provisions thereof.
2. Definitions. For the purpose of this section, the following words and phrases shall have
the following meanings:
(a) "Construction" shall mean design, acquisition of right-of-way, administration of
construction contracts, actual construction and inspections.
(b) "Major thoroughfare" shall mean a roadway as shown on the Circulation Element of
the General Plan whose primary purpose is to carry through traffic and provide a
network connecting to the state highway system.
3. Payment of Fees Generally
(a) 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.
5. Public Nearing. Prior to establishing an area of benefit, a public hearing shall be held by
the City Council at which time the boundaries of the area of benefit, the costs, whether
actual or estimated, and a fair method of allocation of costs to the area of benefit and fee
apportionment, and the fee to be collected, shall be established. Notice of the public
hearing shall be given consistent with the provisions of Government Code Section
9304-0665091 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 Axa -California Building Code
(b) The following accessory buildings and structures: private garages, children's
playhouses, radio and television receiving antennas, windmills, silos, tank houses,
Ordinance No. 1430
Exhibit 1
Page 46
shops, barns, coops and other buildings which are accessory to one (1) family or two
(2) family dwellings.
8. Protest
(a) At any time not later than the hour 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; anises by a four-fifths vote of all the members of the City Council the
protest shall e 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.
Ordinance No. 1430
Exhibit 1
Page 47
(c) The establishment and maintenance of local benefit districts for the levy and
collection of such charge or costs from the property benefitted.
3. No charge, area of benefit or local benefit district shall be established unless and until a
public hearing is noticed and held thereon by the City Council in accordance with the
provisions of Government Code Section 65091 and the City Council finds that the
charge, area of benefit or local benefit district is reasonably related to the cost of such
supplemental improvements and the actual ultimate beneficiaries thereof.
4. In addition to the notice required by Government Code Section 65091, written notice of
the hearing shall be given to those who own property within the proposed area of benefit
as shown on the last equalized assessment roll, and the potential users of the
supplemental improvements insofar as they can be ascertained at the time.
Drainage Fees [Reserved]
Solar Access Easements [Reserved]
k Interim Qlas , room -School Facilities
1. Authority, Purpose and Intent
(a) This section is enacted pursuant to the authority of Section 65970 et seq. of the
Government Code for the purpose of providing interim school facilities to alleviate
conditions of overcrowding caused by new residential development.
tie-soi� . tit
chool-
ia��te��
� 'YFCii..eX Yt ieY E'ti3 ,
�(;iG�Fo�i-,"n� her �rlxrnrec����f f:
2. [Reserved]
3. Action by School Districts. The ctovernin body of An --an affected School District(s) may,
from time to time, adopt a -p notice of findings and file the same with
the City Clerk for consideration by the City Council that makes both of the following
findings suortd b clear and convincing evidence:-
a� That conditions of overcrowdin exist in one or more attendance areas within the
district which will impair the normal functionina of educational r irams includin the
reason for the existence of those conditions.
b That all reasonable methods of iti atin conditions of overcrowdinq have been
evaluated and no feasible method for reducing those conditions exists.
Ordinance No. 14]0
Exhibit
Page 48
131100 -MMI M WON a
UM look-AMMUSIUMMILM USA
4. Action bxCity Council. The notice Dffindings Dd#e
schedule for land use of fees shall be made availabjejo the_pup�����
after the date o
LFollowing the completion off thepublic review_period but not later than 150 calendar days
of r land use of feesL_the City Council
shall-44-Gon-curns, either concur or
ot
to concur for o ed time eriod shall not
be deemed as an act of Citv Council concurrence in the notice of f�inding�,, Ifit concurs
in the notice of ance rezoniM
ermit for residential use. or approve
a tentative sub akes one
of
environmental factors
wAbhjicgbh in the
-tj��ment of the
in lieu thereof or a combination of
tar or hi h schools are bein
rdance
ment Code.
NONE WMAN. � W
kb�) The decision concerning whether to require the dedication of land, payment of
fees of an appropriate combination shall be determined after consultation with the
affected school district(s) concerning the needs of the school district(s) as they relate to
the impacted school orschools.
kc) The amount of any fee shall be in accordance with the provisions of Chapter 4.9
/CD00eDdDQ with Section 85895\ of the Government COde, and shall be prescribed by
resolution Cfthe City Council, and shall becollected 8tthe UDle ofissuance Of@building
��
permit.
Ordinance No. 1430
Exhibit 1
Page 49
6- 5. Use of Fees and Land -Accounting
(a) The school districts shall use the land and/or fees solely to alleviate the conditions of
overcrowding within the affected attendance area.
4)4 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 rewired,
there shall be a waiver of an performance of the payment of fees or the dedication of
land. If it is determined that overcrowdin conditions no lon er exist or fibs eriod of
time for the dedication of land or the a ment of fees has been com feted the Cit of
Tustin shall cease lev in an fee or re uirin the dedication of an land ursuant to the
Subdivision Map Act Subdivision Code, and Subdivision Manual.
7- 6. City's Right to Disapprove Development or Require Other Fees. Nothing in this
section shall be construed to limit the right of the City to disapprove new residential
development for any lawful reason, including, but not limited to, the impact that such
development may have on a school or schools within the school districts which cannot
be alleviated by the provisions of this section.
Permanent Classroom Facilities
The City may not require, as a condition of approval of a tentative map for a residential
subdivision, dedication of land or payment of in -lieu fees or a combination of both in order to
provide permanent facilities for school purposes. Nothing in this chapter is intended as a
limitation on the school districts' authority to directly levy a fee, charge, dedication or other form
of requirement against any development project, pursuant to Section 53080 of the Government
Code, in order to provide temporary and permanent facilities for school purposes.
m Reimbursement to a Telephone Corporation or Cable Television System for Undergrounding
or Relocation.
Whenever the City imposes as a condition to its approval of a tentativer -map
a requirement that necessitates replacing, undergrounding, or permanently or temporarily
relocating existing facilities of a telephone corporation or cable television system, the subdivider
shall reimburse the telephone corporation or cable television system for all costs for the
replacement, undergrounding, or relocation. All of these costs shall be billed to the subdivider
directly by the telephone corporation or cable television system after they are incurred, and shall
include a credit for any required advance payments and for the salvage value of any facilities
replaced. In no event shall the telephone corporation or cable television system be reimbursed
for costs incurred in excess of the cost to replace the facilities with substantially similar facilities.
In no event shall the City be obligated to pay such reimbursement.
9332 IMPROVEMENTS
a General
The subdivider shall construct all required improvements, both on and off-site, in
accordance with the standard engineering specifications and other approved standards as
provided by this chapter and by the City Council's resolution or resolutions establishing such
standards.
Ordinance No. 1430
Exhibit 1
Page 50
No final map shall be `i pproved 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.
5. 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) The pie subdivider may request that the undergrounding requirement along
peripheral streets be waived. The City Engineer may, at 46 -his or her discretion,
accept a fee in lieu of the undergrounding. The arraeunt of th ee sh bII
eer t ani--be_uon 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. An failure to include said condition shalt not be deemed as an act of
the Cit Council to waive the re uirement, exce t as rovided in Section 9332b6 c .
Ordinance No. 1430
Exhibit 1
Page 51
(c) Undergrounding requirements may be waived or modified by the City Council only
upon finding:
(1) The subdivision is within an area where existing utilities have not been
undergrounded and that deferral will be allowed since undergrounding is
impractical due to physical constraints, or the surrounding neighborhood is
absent of similar improvements; and
(2) Overhead utilities will have no significant visual impact.
(d) If the undergrounding requirements are waived as allowed by findings (c)(1) and (2)
above, the in -lieu fee as established by the City Engineer shall be made a condition
of approval of the tentative map.
(e) In -lieu fees shall be deposited in a special undergrounding account to be used as
approved by the City Council for future undergrounding of utilities throughout the
City.
7. Fencing. Each parcel or lot within the subdivision that is adjacent to property containing
a public facility shall have an approved fence or wall adequate to prevent unauthorized
access between properties.
8. Other Improvements. Other improvements including, but not limited to, grading, street
lights, traffic signals, fire hydrants, signs, street lines and markings, street trees and
shrubs, landscaping, monuments, bicycle facilities and fences, or fees in lieu of any of
the foregoing, shall also be required as determined by the City Engineer in accordance
with this Code, the General Plan and the City standards and specifications.
9. Off -Site Improvements. If the subdivider is required to construct off-site improvements on
land in which neither the subdivider nor the City has sufficient title or interest to allow
construction, the City shall, within one hundred twenty (120) calendar days of recording
the final map, acquire by negotiation or commence condemnation of the land. If the City
fails to meet the one hundred twenty (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 a form acceptable to the City Engineer and City
Attorney, for the installation of all frontage improvements at a time in the future specified
4h 4yin 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 309332k.
(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, in
successful) enforcin the obli ation 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
r 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 Sectiones -4-9-08.9332h.
(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 - 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 �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
i �
1. General. The design and layout of all required improvements, both on-site and offsite,
private and public, shall conform to generally accepted engineering standards, standard
engineering specifications, and Subdivision Map Act and applicable provisions of this
code.
2. Energy Conservation. The design of a subdivision for which a tentative map is required
shall provide, to the extent feasible, for future passive or natural heating or cooling
opportunities in the subdivision.
Examples of passive or natural heating opportunities in subdivision design include
design of lot size and configuration to permit orientation of a structure in an east -west
alignment for southern exposure and to permit orientation of a structure to take
advantage of shade or prevailing breezes.
In providing for future passive or natural heating or cooling opportunities in the design of
a subdivision, consideration shall be given to local climate, contour, configuration of the
parcel to be divided, and other design improvement requirements. The provision shall
not result in reducing allowable densities, or the percentage of a lot which may be
occupied by a building or structure under applicable planning and zoning in force at the
time the tentative map is filed.
The requirements of this subsection do not apply to condominium projects which consist
of the subdivision of airspace in an existing building and no new structures are added.
For the purpose of this subsection, "feasible" means capable of being accomplished in a
successful manner within a reasonable period of time, taking into account economic,
environmental, social and technological factors.
3. Cable Television Service. The design of a subdivision for which a tentative,,
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 r at -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
GAy-GGtw4c4 decision maker 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
Ordinance No. 143O
Exhibit 1
Page 54
becompleted prior hDthe completion Ofthe construction and/or occupancy Ofthe lots. The
subdivider shall be required to provide a feasible method for the maintenance of such private
streets, which method shall bosubject tothe prior approval ofthe Director ofCommunity
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
UlprDveDleDtplans shall bRprepared under the direction Dfand must be
—
--nnprovennento|mnoohaU indude, but shall not be limited to, all improvements required pursuant
to Section .
ThefOnDDf@Uo1oDSSh@UCODfOrOtDrequirements identified in the
Subdivision Manual and osmay bBestablished bvthe City Engineer. The final form Ofall
plans shall boapproved bythe City Engineer,
Ordinance No. 143O
Exhibit 1
Page 55
Ordinance No. 14]0
Exhibit
Ordinance No. 1430
Exhibit 1
Page 57
g_lmprovement Security
1. Any improvement agreement, contract or act required or authorized by the Subdivision
Map Act or this chapter, for which security is required, shall be secured in accordance
with Section 66499 et seq. of the Subdivision Map Act and as provided below.
No final - c 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 e DWy
sureties in the form of
as =` 4 9, f- rescribed bathe Subdivision Map Act.
(b) A deposit, either with the City or a responsible escrow agent or trust company, at the
option of the City En ineer, 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 Enctineer, as provided in
66449 -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 (50%) 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 oa went 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 (5%) 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.
hundf e4Ge r~ f -t e4ata -moi as d--c--Gst4t n e4 insta-4an-of- e
subdt n-rnonuffi,— 4Gn-aa- ine -by4 -re iste� -G vii -on iReer- v yor
. € set - �ts
Ordinance No. 1430
Exhibit 1
Page 58
Warranty Security. Upon acceptance of the subdivision improvements by the
City, the subdivider shall provide security in the amount as required by the City Engineer
to guarantee the improvements against any defective work or labor done or defective
materials used in the performance of the improvements throughout the warranty period
which shall be the period of one (1) year following acceptance of the improvements. The
amount of the warranty security shall not be less than ten percent (10%) of the cost of
the construction of the improvements, including the cash bond which shall be retained
for the one (1) year warranty period.
-. Reduction in Performance Security. The City Engineer may authorize in writing
the release of a portion of the security in conjunction with the acceptance of the
satisfactory completion of a part of the improvements as the work progresses upon
application by the subdivider, but in no case shall the security be reduced to less than
ten percent (10%) of the total improvement security given for faithful performance. The
amount of reduction of the security shall be determined by the City Engineer; however,
in no event shall the City Engineer authorize a release of the improvement security
which would reduce security to an amount below that required to guarantee the
completion of the improvements and any other obligation imposed by the Subdivision
Map Act, this code or the improvement agreement.
7--6. 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
therefore 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 Enqineer.
r_[Reserved]
fi 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 (5) or
more parcels shall be completed by the subdivider within twelve (12) months, or such
later time as approved by the City Engineer, not to exceed thirty-six (36) months, from
the recording of the final map, unless an extension is granted by the
GOUR-G4 decision maker.
Should the subdivider fail to complete the improvements within the specified time, the
City may, by resolution of the 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 the4y-Cou c-4fgs nsible
decision maker 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
Theiresosibie decision maker may impose additional requirements as
recommended by the City Engineer or as it may deem necessary as a condition to
approving any time extension for the completion of improvements.
The costs incurred by the City in processing the agreement shall be paid by the
subdivider at actual cost plus twenty-five percent (25%) of such cost for overhead
expenses.
4. As -Built Plans. Revisions for as -built drawings are to be made in the Engineering
Division offices. The subdivider or engineering representative may request duplicate
mylars for the subdivider's use.
Ik 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 pgblic
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 -t E -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 RF�General
f-Reccarr er
pf-
Ordinance No. 143O
Exhibit 1
Page 61
a4ly4aw.-I 1:
m
Ordinance No. 1430
Exhibit 1
Page 62
ac�erorty:
ob 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,_ -and -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 Acts the Subdivision Code, or the Subdivision Manual, the Director
may, as a condition to granting a Certificate of Compliance, impose conditions into
ensure compliance . Upon the
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 r- map shall constitute a certificate of compliance with
respect to the parcels of real property described therein.
5. Subject to the provisions of Section 66499.35 (e) of the Subdivision Map Act, an official
map prepared pursuant to Section 66499.52(b) of the Subdivision Map Act shall
constitute a certificate of compliance with respect to the parcels of real property
described therein.
Ordinance No. 1430
Exhibit 1
Page 63
--
Ordinance No. 1430
Exhibit 1
Page 64
c 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.
101:4 as 101:4 91 ON fro] ON
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 bod char ed with
rnakina investigations and renorts on the design and improvement of or000 ed divisions of real
propertv, the imposing of reuirerrents or conditions thereon or havin authority the
Subdivision Code to approve, conditionally approve or disc aorove subdivisions. -r -the
-cTst+n:
"Appeal board" shall mean a desicinated board or other official bod char ed with
makin determinations u on a eels with res act to divisions of real ro art the i osition of
re uirements or conditions thereon or the kinds. nature and extent of the desinor
improvements, or both. recommended or decided by the advisory agency to e rewired
"Amendin Ma "shall mean a a filed in accordance with the Subdivision Code to
correct or amend a recorded final mar).
"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 Cit En finer madela ate land curve in functions to a arson authorized to
ractice land serve in either with Cit staff or throe a Cit _contract.
�r
"Community apartment project" shall have the same meaning as provided in Section
1351 of the Civil Code.
Ordinance No. 1430
Exhibit 1
Page 65
"Condominium" shall have the same meaning as provided in Section 1350 of the Civil
Code.
"Council" shall mean and refer to the City Council of the City of Tustin as established by
City Ordinance.
"County" shall mean the County of Orange.
"County Recorder" shall mean the County Recorder of the County of Orange.
"County Surveyor" shall mean the County Surveyor of the County of Orange.
"Conversion" shall mean the creation of separate ownership of existing real property
together with a separate interest in the space within residential, industrial or commercial
buildings.
"Day" shall mean a calendar day unless otherwise specified.
'4kaGT r."Q' _ J sr amt .. ,_ too .�
f to4-Advisory A may;-€ r a w xie e- ote hoot -sc s, .
-C
"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 rreanin as rovided in Government
Code section 60413.2{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 deve4opersubdivider. 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
d-eveIGWsubdivider prior to the recordation of any final map or the issuance of any building
permit.
"Final map" shall mean a final tract or parcel mapsdivi ( r
�n ea �>-arrrai� y�, ^s a-�fra#i roes resra33ir�xr' b-,tt
Ordinance No. I4]O
Exhibit I
Page 66
red inaccordance with the provisions ofthe Subdivision Map Act and this
Chapter and designed to be filed for recordation in the Office of the County Recorder.
"General plan" shall mean the General Plan of the City of Tustin.
"Government Code" shall mean the Government Code of the State of California.
"Improvement" shall mean streets, sidewalks, storm drainage facilities, water and sewer
facilities, ud|UUea. landscaping to be installed, or agreed to be inetaUed, by the subdivider on the
land to be used for public orprivate etneete, highxvaye, ways and easements, as are necessary
for the general use Cf the lot owners inthe subdivision and local neighborhood traffic and
acceptance ofthe final map thereof.
"|mprovement"shall also mean other specific improvements ortypes ofimprovements,
the installation of which, either bvorbva combination of, the subdivider, public agencies,
private uU|biee, or any other entity approved by the Cby, is necessary to ensure consistency
vv|th, 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
d9SohctiDn. as on 8fino| m@ . orbvsuch other map approved by the County or
by the City under the provisions of the Subdivision Map Act and the City ordinances in effect8t
-- the time of such approva|, for the purposes of sale, |e8ee. or financing,
"Lot line adjustment" shall mean a of lot
boundarlLline D[ 'acent lots or arcelsad'acent lots or
where 8 gr98te[er-�Oumb9[ of parcels than D[igiOo||y 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 Find orwarded
i the existe�nce of an i �acted school or schools, in
accordance with the fin he Government Cocle-
The declar Section 65976 of the
Government Code,
"Parcel map" shall mean amap showing @ subdivision offour (4)orless 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 bv8public agency or private association and which provides recreational land and
facilities for the benefit and enjoyment oftheneeidenteandvisitonaofthe[}itv.TheC/tyofTusUn
designates d{
Ordinance No. 143O
Exhibit I
Page 67
"P8[SDO"shall mean any individual, firm, partnership, jointventure, association, club,
social dub, fraternal organizaton, corporation, eetate, truet, business truet, receiver, syndicate,
the County, this and any other city or county, nnunidpa|ity, diethct, 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 aeestablished bvCity 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 ofthe 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 bythe Director ofCommunity Development.