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Home My WebLink About08 ORDINANCE NO. 1430Agenda Item Reviewed: AGENDA REPORT City Manager Finance Director /A MEETING DATE: SEPTEMBER 3, 2013 TO: JEFFREY C. PARKER, CITY MANAGER FROM: ELIZABETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ORDINANCE NO. 1430 (CODE AMENDMENT (CA) 2013 -002) - PROPOSED AMENDMENTS TO THE- TUSTIN SUBDIVISION CODE (ARTICLE 9, CHAPTER 3 OF THE TUSTIN CITY CODE). SUMMARY: This matter was continued from the August 20, 2013, City Council meeting. On July 9, 2013, the Tustin Planning Commission adopted Resolution No. 4217 recommending that the Tustin City Council adopt Ordnance No. 1430 (Code Amendment 2013 -002) amending the Tustin Subdivision Code (Article 9, Chapter 3 of the Tustin City Code). The proposed amendments are the first comprehensive update of the Subdivision Code since 1981, and are part of the Community Development Department's continuing effort to implement Tustin City Council policy direction by making government processes and procedures more streamlined. RECOMMENDATION: That the City Council Introduce and have first reading of Ordinance No. 1430 (Code Amendment 2013 -002) amending the Tustin Subdivision Code (Article 9, Chapter 3 of Lhe Tustin City Code). FISCAL IMPACT: Amendment of the Tustin Subdivision Code (Ordinance No. 141) is a City - initiated project. There are no direct fiscal impacts anticipated as a result of adopt ng this ordinance. However, adoption and implementation of the proposed ordinance would streamline the current process reducing the application process time and coEt to property owners seeking subdivision approvals. CORRELATION TO THE STRATEGIC PLAN: The proposal supports the implementation of Goal F: within the City's Strategic Plan: Goal E: Organizational Excellence and Customer Service: Be a high performance organization, with effective cuskomer service provided by a professional workforce. APPROVAL AUTHORITY: The City of Tustin's Subdivision Code is included in the Tustin City Code (Article 9, Chapter 3) and provides direction for subdivision activity tailored to the City of Tustin. Amendment of the City of Tustin Subdivision Code is a City - initiated work effort. The Tustin Planning Commission City Council Report September 3, 2013 Ordinance No. 1430, Subdivision Code Update Page 2 has provided a recommendation to the City Council on the proposed amendments. The City Council is the approval body for proposed amendments to the Tustin City Code. BACKGROUND AND DISCUSSION: In general, land cannot be divided in California without local government approval. Dividing land for sale, lease or financing is regulated by the California Subdivision Map Act (commencing with Government Code Section 66410) and local ordinances °hat are consistent with the Act. The Subdivision Code establishes regulations concerning the design of the subdivision, the size of its lots, the types of improvements (street construction, sewer lines. drainage facilities, etc.), and the form and content of all required maps in Tustin. Government Code Section 66411 requires each local agency to adopt an ordinance to regulate and control the design and improvement of subdivisions. The Tustin Subdivision Code is based upon the Subdivision Map Act. Originally established in 1952, the City's Subdivision Code has been updated on numerous occasions. The last comprehensive revision of the City's Subdivision Code occurred in 1981, with the last specific update occurring an February 18 1997. Staff has prepared draft Code Amendment 2013 -002 (Ordinance No. 1430) as a comprehensive update of the Subdivision Code. A copy of the code amendment with the proposed changes shown in mark up (redlined) text is provided as Exhibit 1 to Ordinance No. 1430 (Attachment 1). The redline version depicts the Ordinance in place today in black text with the proposed changes shown in red strikeout for deleted text and red underline for added text. In some cases, sections of text appear to be deleted, when in fact they may simply be proposed to be relocated to another chapter in the Ordinance. The proposed amendments are comprehensive and are part of the Community Development Department's continuing effort to implement Tustin City Council policy direction by making government processes and procedures more streamlined. Key changes proposed in the proposed amendment include: 1. Removing outdated language; 2. Performing ordinance "general housekeeping" to ensure consistency with the State Subdivision Map Act revis: ons and current City practice; and, 3. Process streamlining. Process streamlining is the most significant element of the proposed changes. Staff believes that its implementation will have the greatest posit ve impact on facktating and streamlining the subdivision process. The following discussion highLghts some of the more significant changes proposed: • Subdivision Manual — The Subdivision Manual is a procedural document that ident.fies rules, application submittal requirements, procedures and interpretations, as may be necessary or convenient to implement the City's Subdivision Code. The current Subdivision Code only generally refers to the City's Subdivision Manual, which was adopted by the Tustin City Council by Resolution on March 2, 1998. The proposed amendment would codify the authority of the Subdivision Manual and allow for the periodic modification of its content and requirements by the D- rector of Community City Council Report September 3, 2013 Ordinance No. 1430, Subdivision Code Update Page 3 Development provided such amendments are consistent with the Subdivision Map Act and the Subdivision Code (see Section 9311). Submittal Requirements — The current Subdivision Code identifies submittal requirements for a variety of applications (see previous Section 9322.b.1). As noted above, application submittal requirements are proposed to be identified within the Subdivision Manual, and should not be identified in the Tustin City Code to provide flexibility in working with an applicant since specific application requirements may periodically need to be waived, expanded upon or modified depending upon the complexity of a specific project submittal. The current Code- mandated list of submittal items eliminates necessary flexibility and adds time and cost to the application process. Administration — The current Subdivision Code sometimes coniains conflicting or confusing language when identifying various Public Works and Community Development Department responsibilities for administering and processing subdivision applications. The Community Development Department currently processes all Subdivision Code applications except for Lot Line Adjustment and Final Tract or Parcel Map applications, which are currently processed by the Public Works Department. Although both departments work together the existing separ'tion of responsibilities is problematic for projects involving multiple discretionary actions (Conditional Use Permit, Design Review) that include a Lot Line Adjustment or Final Map. The proposed amendment would eliminate the current division of responsibilities end standardize formal Community Development Department authorty for receiving and processing all future Subdivision applications. Community Development Department staff would continue to coordinate wth Public Works staff on technical comments regarding the preparation of all subdivision applications and route applications along with any other discretionary applications (i.e. Cond,t onal Use Permits, Design Review Applications, etc.) to Public Works, other City Departments, and affected outside agencies (Orange County Fire Authority, etc.) for formal review and comment. Once all comments have been received, the Community Development Department will conx ;nue to coordinate and prepare all incomplete, correction letters, staff reports, etc. The proposed amendment eliminates confusion at the counter as to which City Department processes what and standardizes where applications are submitted or resubmitted. • Stroamline and Expedite Subdivision Processing — Tentative and Final May Approval - Tract and Parcel Maps proposed in Tustin are currently required to go through a two -step process. Tentative Tract and Parcel Maps are brought before the Planning Commission ( "the Advisory Agency ") for a recommendation before formal consideration by the City Council ( "the Legislative Body "). City Council consideration of a Tentative Tract or Parcel Map is a quasi - judicial process that includes a thorough investigation and examination of the facts and conclusions drawn from a review of the proposal as the foundation for its official action. Typically, a Tentative Map is approved with conditions. Following City Council approval of the Tentative Map, the applicant and staff work to ensure that all conditions of approval are met. Once all of the condit!ons have been met and the City Engineer is prepared to forward it to the County for recording, a Final Tract or City Council Report September 3, 2013 Ordinance No. 1430, Subdivision Code Update Page 4 Parcel Map is brought before the City Council for formal approval as a Consent Calendar item. Approval of a Final Map is considered a ministerial act by the State's Subdivision Map Act in that it requires no subjective evaluation by the legislative body (since that process was completed during the Tentative Map phase). This makes a Final Map very much like a Building Permit. If the Tentative Map's approval conditions have been met and the proposed Final Map complies with the Subdivision Code (the City Engineer is prepared to execute the map for recording with the County), the Final Map must be approved. Taking a Final Map before the City Council is not required. In fact, the current process can delay the processing of a project for weeks. Even though Final Maps are ministerial actions, they are currently given a higher level of scrutiny and are processed differently from any other discretionary application. For other discretionary actions involving conditional approval such as Design Review or Conditional Use Permit applications, staff does not bnng back the matter before the Planning Commission or City Council to report that all conditions have been met and to request final approval of the project. For these types of discretionary approvals, the project may move forward to obtain a building permit, occupancy permit, business license, etc., following a staff determination that all conditions of approval have been satisfied. Section 66458(d) of the Subdivision Map Act permits the Legislative Body to delegate (by Ordinance) the responsibility for approving a Final Map. If approved, the proposed amendment would eliminate City Council consideration of a Final Map and only require Tentative Map approval at the Planning Commission level. Staff would be authorized to work through the technical requirements and condit,ons associated with completing a Final Map. The Director of Commun ty Development would be authori. -ed to approve all Final Maps consistent with Planning Commission - approved Tentative Map and following the City Engineer's technical finding that the map complies with the Subdivision Map Act and City requirements. The Tustin City Council could exercise their right to appeal matters of specific concern, rather than bringing all such matters to the City Council. The proposal would ensure equivalent Commission /Council review and approval while expediting the processing of previously approved Tentative Map applications. 2. Lot Line Adjustments and Parcel Mergers — Similar to Final Maps, the Subdivision Map Act considers a Lot Lrne Adjustment and a Parcel Merger to be ministerial actions. These applications are considered relatively minor and typically involve correcting an odd lot line, assimilating a remnant parcel into a larger, adjoining parcel, etc. Similar to Final Maps, Lot Line Adjustments and Parcel Mergers cannot be conditioned beyond requiring the proposal to comply with the code, they either conform -Lo the Subdivision Code and mooning Code or they don't (e.g. to correct technical issues such as errors in measurement, labeling of parcels, etc.). Once these applications conform to the Subdivision Map Act and the Tustin City Code, the City must approve them_ Currently, Lot Line Adjustments and Parcel Mergers are currently given a higher level of scrutiny and requ:re Planning Commission and City Councl consideration. The proposed amendment would authorze the Director of Community Development City Council Report September 3, 2013 Ordinance No. 1430, Subdivision Code Update Page 5 Department to approve these applications thereby resulting in an expedited approval process to the benefit of affected property owners. Standardized Appeal Procesc� — The proposed amendment would revise the current appeal process identified w,thln the Subdivision Code to be the same standard appeal process used throughout the Tustin City Code and Zoning Code. For example, staff decisions and actions are appealable to the Planning Commission; Planning Commission decisions are appealable to the City Council; and, all appeal periods are 10 calendar days (except when the 10"' day falls on a weekend or holiday, the appeal deadline would be the next business day or when the Subdivis on Map Act requires a minimum 15 day appeal period). • Revised Table 2 -1 - Table 2 -1 has been revised to be consistent with other proposed revisions of the Tustin Subdivision Code. Review Authority Type of 9ision- Application Decision Body A e o e Intp rigrotation Director Planning Commi ion Certificate of Compliance Director Planning Commission Final Maps CeunrADirector --City Council Lot Line Adjustments CeuncilDirector -- Planning Commission Parcel Mergers CeFamai6sieaDirector GeunsiiPlanning Commission Reversion to Acreage Cit Council -- Tentative Maps, including Vesting Ce-u+ Plannin Commis ion —City Council Weefipg.Extension of teniative Mao Acceptance gf Dedications or R Improvements Subdiv� i n Code Waiver Director City Engineer Director Planning Commission Planning Commission' Planning Commission i ne ria�ommissionl decision may be appealed to the Council. 2 The Planning Commission shall make recommendations to the City Council, PLANNING COMMISSION RECOMMENDATION On July 9, 2013, the Tustin Planning Commission adopted Resolution No. 4217 (Attachment 2), recommending that the Tustin City Council adopt Ordinance No. 1430 amending the Tustin Subdivision Code (Art,cle 9, Chapter 3 of the Tustin City Code). The relevant portion of the approved Minutes from the July 9, 2013, Planning Commission meeting are provided as Attachment 3. PUBLIC INPUT Staff has outreached to the Chamber of Commerce, Tustin Unified School District, and development community. In response, correspondence was received from the Building Industry Association of Orange County, Standard Pacific and The Irvine Company indicating support for the proposal. In addition, the Building Industry Association of Orange County appeared and spoke at the Planning CommisE]on hearing on July 9, 2013, to voice support for the proposed ordinance. City Council Report September 3, 2013 Ordinance No. 1430, Subdivision Code Update Page 6 ENVIRONMENTAL ANALYSIS 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. CONCLUSION The Tustin Subdivision Code and proposed amendment are both comprehensive and complicated. Process streamlining is the most significant element of the proposed amendment of the Subdivision Code. Staff believes that the proposed amendment is innovative, yet follows a trend in the urban planning community to remove obstacles and bureaucracy on matters that are technical and routine. Staff has included a survey of other cities for consideration by the City Council (Attachment 4)_ The cities surveyed were selected because of their similarity to Tust; n or because they process a significant number of subdivision applications. It should be recogni:-�ed that some of the cities surveyed currently process subdivision applications in a manner sim lar to the current process utilized by the City of Tustin which, again, has not been comprehensibly updated since 1981. Cities currently implementing the changes proposed have reported to staff reductions in processing time which has led to developer satisfaction and business attraction. Staff believes that implementation of proposed Ordinance No. 1430 will have a significant, positive impact on facilitating and streamlining the subdivision process within the City of Tustin. The City Attorney has reviewed and approved the proposed ordinance amendment. Ze. 6 Jill (I Dana L. Ogdon, AICP I z eth A. Binsack Assistant Director Director of Community Developmem Attachment 1: Ordinance Nc. 1430 Exhibit. 1: Proposed Amendment of the Subdivision Code (Red -Lined Version). Attachment 2: Planning Commission Resolution No. 4217 Attachment 3- Minutes from the Planning Commission Meeting of July 9, 2013 Attachment 4: Community Survey Attachment 1 ORDINANCE NO. 1430 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CODE AMENDMENT 2013- 002, AMENDING THE TUSTIN SUBDIVISION CODE (ARTICLE 9, CHAPTER 3 OF THE TUSTIN CITY CODE). The City Council of the City of Tustin does hereby ordain as follows: SECTION 1. The City Council finds and determines as follows: A. That Government Code Section 66411 requires each local agency to adopt an ordinance to regulate and control the design and improvement of subdivisions within their jurisdiction. B. That the Tustin Subdivision Code was adopted in 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 a public hearing was duly noticed, called, and held on August 20, 2013 by the Tustin City Council. G. 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. H. 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. SECTION 2. Code Amendment 2013 -002 (Ordinance No. 1430) is hereby approved amending the Tustin Subdivision Code (Article 9, Chapter 3 of the Tustin City Code), as provided in Exhibit 1. Ordinance No. 1430 Page 2 PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this 3rd day of September, 2013. ELWYN A. MURRAY MAYOR JEFFREY C. PARKER CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE } SS CITY OF TUSTIN } CERTIFICATION FOR ORDINANCE NO. 1430 JEFFREY C. PARKER, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1430 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 20'" day of August, 2013, and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 3rd day of September, 2013, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: JEFFREY C. PARKER City Clerk Exhibit 1: Amendments to Article 9, Chapter 3, of the Tustin City Code (Subdivision Code) Ordinance No. 1430 Exhibit 1 Page 1 CHAPTER 3 SUBDIVISIONS PART 1 PURPOSE, INTI:_NT AND APPLICABILITY OF SUBDIVISION CODE 9311 PURPOSE, INTENT AND APPLICABILITY OF SUBDIVISION CODE- a. Title Article 9, Chapter 3, of the Tustin City Code is and may be c ted 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 ef the - State ef- Ceirtrelated 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 ntent of the Subdivision Code s to: 1. Promote orderly growth and development to preserve the public health, safely and general welfare: 2. Promote open space, conservation, protection, and proper use of land; and, 3. Provide for adequate traffic circulation, ut lities, and other services in the City. c. Authority and Relationship to General Plan The Subdivision Code is enacted based upon authority ves,ed in the City of Tustin by the State of California, including but not I mited to: the imitate 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, objectwes and policies establ,shed 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 939312 —xempfiExclusions from the Subdivision Fea+ertsCode). In the event that this chapter is silent or does not address a ss _ep cific subdivision issue Pro cedure or r uirement the Ci shall defer to the provisions of the Subdivision Map Act Every division of land proposed within or partially within the City of Tustin shall be consistent with the Tustin General Plan, any applicable Specific Plan, Article 9, Chapter 2 (Zoning Code) and other applicable provisions of the Tustin City Code. Ordinance No. 1430 Exhibit 1 Page 2 The type and intensity of land use as shown on the General Plan, any applicable Specific Plan, Article 9, Chapter 2, (Zoning Code), or other applicable provisions of the Tustin City Code shall determine, together with the requirements of the Subdivision Map Act and the Subdivision Code, the type of streets, roads, highways, utilities, and other public services that shall be provided by the subdivider. e. buudiyision ivianual The Director of CommunitDe�elopment ( "Director shall formulate such rules rocedures and .interpretations as may be necessary or convenient to administer the Subdivision Code. - Such rules and procedures shall be referred to as the Tustin SubdivisionTManual.The Subdivision Manual was initially adopted by the Tustin City Council (Resolution No. 98-10). The Director is hereby authorized to incorporate further amendments into the Subdivision Manual: Provided such amendments are consistent with the Subdivision Map Act and this Subdivision Code. f. Standards All public street improvements to be installed or agreed to be installed in a subdivision shall conform to the City of Tustin's "Street Design Manual and Standard Plans --The City Eraineer is hereby authorized to amend the City of Tustin's "Street Design Manual and Standard Plans, provided such amendments are consistent with this Chapter and the Subdivision Map Act. e g�Responsibility and Delegation of Authority The following, advisory Agencies As that term is used in the Subdivision Mao Act. are hereby authorized to discharge and administer the duties set forth in this Subd ivision Code shall `be by l;e-T sib; Cky'Engmeer, CeMna+ssGn -as follows: 4- G41A#oFn T psi a tee a� M M la €erg, ;4I1 subs fef: a comfnm mteresk deNOWUPMISFA, ,-�ti4kte+eyalJ afse ham kk#er 1. City Council. The Tustin City Council �e- tl4_�a@�dt J p~Aetshall have the responsibility and authority to conduct public hearings, and approve, impe6e oeedi4kxsconditionally Approve or disapprove subdivisions in rsemphanre wiIh 932 1.b (VA _11th o�if 0 - -"k di c subdivon application involving multiple,_ interrelated discretionaryactions petitions for reversion to acre q, and Subdivision Code modifications. The City Council shall also revieand u &old or deny appeals from actions taken in compliance with Section 9329.b Authority for Subdivision Decisions) of this Code. 3.2. City Engineer. The City Engineer or designee, shall be responsible for: (a) Determin ng if propo} -ed subdivision improvements comply with the Subdivision Code; (b) Examining and certifying that final maps are in substantial .:9MP aneeconformance with the approved tentative maps, Ordinance No. 1430 Exhibit 1 Page 3 (c) Processing and approving subd- vision publz improvement plans; (d) Establish.ng design and construction standards id specifications for public improvements; (e) Preparing and approvinri subdivis +on improvement agreements; (f) Inspecting, approving and accepting subdivision public improvements; and; LQZPesessi Acceting�dedicati.ons. and conveyances of real propel and interests_ in real property offered at no cost to the Cites+ -: and, ( Amendirxt tl�e Ci of Tustin's "Street Des n Manual and Standard Plans.'-' 4.3. Director of Community Development eet . The Director of Community Development. or des nee; esteF -shall be responsible for: (a) Processing of tentative die We pgpGeLmaps, final maps, reversion to acreage maps, ser4ifisatee`GF ephance. im eri-.,, and amended maps; (b) Establish,ng design and construction standards for private improvements; (c) Processing and approving subdivision private improvement plans; (d) Processing and approving proposed street names; (e) Inspecting, approving and accepting subdivision private improvements. (f) Processingt and approving, conditionally alOprovinc._or disaprovin0 lot line adjustments�garc�l mergers, final ma s certificates of com liance and Leguests. for extension of a tentative ma.and the waiver of the Subdivision Code= and. Interpreting all provisions of the Subdivision Code- 5A. Director of Parks and Recreation. The Comm M #y SeFviseis ^Director of Parks and Recreation or desi nee. shall be responsible for determining if the proposed park land dedications and/or recreation improvements related to a subdivision comply with the Subdivision Code. 6-5. _Planning Commission. The Planning Commission shall be *;e Advfso Alte r as era#i€ in #fie S��d iyk4en-MepAclap conditionally approve, or disapprove tentative maps, and review and recommend to the City Council actions, findings and conditions pertinent to the application for a division of Ian d and subdivision a iication involvin mul #i le interrelated discretionay actions, and review F uphold or deny avveals from actions taken in compliance with 9321.b (Authority for Subdivision Decisions). Ordinance No. 1430 Exhibit 1 Page 4 i F}d } €{ atfF3F} E}GRi Reqry.Tr°cT''ir°cT & 4enehPar + he I Qnd- invo4ved s any.. FuWjv= sier++r n 'a s+ze io F sha p�e; s la est t0 4(!g4ta oR o� 18GGRI, affe�te� h# gra Gal Inra40a of GoRdit en 6, nr- to- `e -deyn � {edAe a +n-+ ssid�e-e actiraable +eq�' the €� r.War- sasr- #o;Ahe sir #o cenfo #y4o ##e' #esa4 T- &0atlQn6 IaiRed if; the d�o '# a�sre °- }�rr°e Gaa4 m iS eyelep Lant-Diper�c terrt�iay approve4n4ed ficatiene4e4#e4cH al -{ mOrz 0 en r of he Se +4is-ier- - We as a Fe %a sonably PeGeS6ary or -ex PE d ief�t -W of a 40e mi#y 4h t�,-r�he 2, bdivisien Map ll0. E.xsept Ihat lqG Qf -eatef I a6 -rye a0l�Of+[Y - tG wvaive'PFev+sion -of the A j hd 0 10 0 9 0 'A+4aja- G& T4�zha ex#eR# thA pfav+ lions 0 ., waved- g--- Effe i 4e of Su c+ isior+ ','ode Tim previ w ion r e#- the 'Si iv+sien_eede -a%a +rab}e ar #i• ^ ^{ Codwb}y Or +RaRSe of the c'+ uno;. h- -P a 4a#'ir';vali ieR-of uddiy+ r,+eP sale 4-aAY a --papa apk� le a€a IMPK, r }a��I e 40; PQFI An At tna- ; fr, ' }}} nValdiTV--o ioorn'rstku }� kDr -i--u F;e for .a171e4q c-a court' 01 cempele at jwistl+s#+ef hese'de isiees shAxi Ot a€#ent thp ;OA4 +t;,+ 491 ,mTa+nj pnrt ; f the SU#d+v+s+AA Cade, The_T_wA&tiA_Cjty -C sif #ere y dew loaf the h£#+v+siGA Code, - and- eaela- €#, -se Re ,-- subr,.edioR, wrap#, .6u bpa F2 y , serAef Ge. _G#ause, ' fie aft -P rWn thePe At 10 ge 4ave4aeep ago ted- +rT-espeet+► e# the #aet a e► e' #} a e {e oft+eaas -e€ 4ie'Sulad+v+s efa -Cede may be deo ' va€4 -- - n6t4u #+e4 q, 4, U efofe e- 9312 EXCLUSIONS FROM THE SUBDIVISION CODE Those activities identified in Sections 66412 (except subsection (d) related to Lot Line Adjustments), 66412.1, 66412.2, 66 412.5, 66412.6 or 66426.5 of the_ Subdivision Map Act shall be excluded from the requirements of the Subdivision Code. 9312 a'--- Diyiccr Zandm; F va a rE�6�E 4 tantOlOV6 and -fFRA -VaCt fi#,�4 -be {69{4fF r 11 j4jVj6 pp pf Jq fad -wheR --cafe by the GGm ,4#irAy-[)e ve 1 e m e #'Depia A P:n e t. that- siir,h- IARdmay be -five or r#4ofe- r flve.(5) -6f ^� rra }fRiwFpls,, -a MrfiOkly iap me t'gFi }eGt seR€a+Ri We'{ } e F Fn a- parsed A F fn r the 'ceRver-sieR of 2 dwe4j ;' stesk operaWre septa"nq -rwe (9) or Mofe dwellmilg M6, ur4m, the s+ ivi ioR aG t +vita€- +s #isted4n-@31, (Exe ptions'trem-Test tive'T�R"OremeRts). i��DivisiaRS -- of -z��: �•,�� • � ess'�s Meese a; id. a paFGe1 map -r, a' aEred -tef +v+s+ s 4g- i q r; d I A Ck erf F; A41 the Gem . velepmeRt ge 2;lmest 4ti- , }a -m y be d vided'if}k)__�4}'of 4ess pa r�Ge is, Mess4 he s i; ision af'��.�„l i+sted'n ate, - GE FOP Map -Re iFer ,}, tn4he o+ F+R mpl+a;wfz rho- Testif3 CeReFa P}a€ , -2eRif Ordinance No. 1430 Exhibit 1 Page 5 Code-a;-4—a I+sa e f sii+s plan -- 9 r O +'re #at +iretracA -map er a ten #ive- "reel€napitranuired a -[:Xem yt�9rsr ftem Ue. foAawing aGfivities s aP be exempt {, pam t h P -feqi*ements.4A4be I T eISe ae M4eg ideP tie 42 {except- suh644r, 444r -"I " to Lot L4f4e AdjustFp e n tr) L`.644-7 �6- 6- 4 4-212 nF L-64` a C`, � of +k� �d +��I�R Ma4r1�R� 2. e s uer e f +r- (4)'parrelr„ Qr legs f rn ;nar6a} dujklings hay+ aqafioep r -ef4- 'than-eRe "u R &e d (.=) - i;qoaf-e -feet, k-- Exe,rpt+o pr, UpR� TIeLptathwT4ae4 Map eelHifement s A tentat +v6 fr-ar+ rRap and f ++ I.trao# fr#' R hiq 11 neIbe rego+red'upder -' RY Gf fAIIAIA +nq sires #aftics; I.. The taaad -be ta+96 less -IhaR f:, cle'sF eac�hpwcel Gf:eated by + d+v+s+e al -UVOfi a- €na+�*,�l+ sheet e�r'MghWa�+-- and-ne r1s; jratiorJs -er imFov#}'.m&Rtr Ara %quir�r�.by t -G4 -€ Gh paFGel Gr-ea #e by t4' -diN r0 e, area et twer45} -R%vaG�t are and If s ar�apVeved asress #a a' aa€� #a+�e bpi,- is+,, . r� } � y; 3—The- land -p fse{' w pa{ r of Ida nri h ;2yiW ed i9 && !G a PU bii�i stre0- 4w*ighway -w #ice -sa e&-past of a4ract of lapd ze ed for +ndu6tf- aai C4DMPI de Ve le MeAt, and whic# ha is the ap rtwai'ef the -C'+ 4gnma is and w+d0i6. Fea- vf - not.. leEs4 ha {eky (4Q ., tx& or +6 -F3a 5 t4afi- a- qu-a■teF ( I iA1 nF n- �i��FtCF'��#7�� C °rte oc�r�ror fi-T he land Jan - 1. 2003, rety�ar�fae oreat +erg o€ a�� &R-%4 ffie # +v440€ -p6rr, � la Pt ta ection e449-.2- ache -2 hdivw Wap- of fYtP RIM S%e-f}W F - Y-Map is �4-be Feq k4i rani r anlnr &waived by. tl � ifsnli�nr� 5uiifa O 7 111 flh�FVf3 ei'Hdd +sr#s# t8 }. � s— ExeMgfig -A frnr., TA_Rtathie PafG8� Map R eq Y 0 FeMeW46 #eilaw+ri9- activ ;4us sa+ai# - ba- e*empt f.FG 4he' ai {ewe tentative parcel aed -#iii Pafc�-4ratr '� ,.+` nr'7o�}f �•,s {r {an rFinn t i p; �rj;�7'IC,� Fog i yf � of a ra�l -i a iCd k3�# ilr (tefMiRak3te by est party ofi'not mnra +4,-,rt +LSiAy_1301 "&ri Sra OR WFitjF;9) Ordinance No. 1430 Exh,bit 1 Page 6 wand �arfveyed Tern a vet# I age y lis erti #y or. publir. w it ,,or -kw 44-Gen y to a- Y- Of a-pu& -G #Ut it�for eo€ lveyarnse- to-such -publ+s- u#+Wyt#or r h #s-of- ss- a-fiRd4n9 -Jr naade-by the -C+Fes riA- ied+y+i o rase s, r, '' hr, t A n +ai-evi(4eRGe. 1h a"u -bl+c pelf -R eeesr+ #at ��map. t+Gr_p4Fpo6es -e"# 6 E;ubsec#+op -far se reyed #o a -a geye ; Ref; , - agencyishalf ig6u a a. fee411terest~ an ea eMent- ()F- a liriPAsL- 9314 9313 WAIVER OF SUBDIVISION REQUIREMENTS a Waiver of Tentative Trot- Ter�tat+ve cel. Map aF4 of Map Requirements The requi% e:-a tentative -#ao- a , t # par«I reap- e-r- #+p;limap ,e may -imod in -wu ;oi, art; a# the +s etfa - the-1N esteP And aI ter- ceAsj "tat Gn.%4 # #- fi4eQ' „ + er,- € erk�e- feilow+flg- ast+uit+es;_Any subdivider may, upon formal application, request the waiver of one or more of the rec irements for a tentative or final map for the following activities: 1. Div lion of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees. 2. Divisions of real property resulting from the conveyance of land or any interest thereinto or from the City, public entity or public utility for a public purpose, such as school sites, public building sites, or rights -of -way or easements for street., sewers, utilities, drainage, etc. 3. The unmerger, in accordance with the Subdivision Map Act and the Subdivision Code of real property .,t-, has been merged pursuant to the Subdivision Code, the Subdivision Map Act or any prior ordinance of the City. 4. Where tenants purchase a mobile home Bark subject to the provisions of Section 66428.1 of the Subdivision Map Act. b Waiver Findings After the waiver application is deemed complete pursuant to Government Code Section 95943, the Director shall approve or deny the application. within 50 calendar days. The requirements for a tentative trap; # 1,3609- P 2 FGe! -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 T4466n City -Code. The subdivider shall have the iApiteals�ed, mt: decision to the Tustin Planning Commission in compliance with 9321.h c Certificate of Compliance Required The Director shall file with the County Recorder a Certificate of Compliance for the land to be divided, in compLance with 9333.c, {Certificate of Compliance), and a plat map showing the division. The certificate of compliance shall include :� -documentation by the County Tax Collector in compliance with 9325.b.4 5. (Tax Certificate). Ordinance No. 1430 Exhibit 1 Page 7 If the application for a Certificate of Compliance is filed over oneyear following the Determination of Compliance, the application for a Certificate of Compliance shall be accompanied by the current vesting deedts). and such other information, as matt be required to ascertain the status of each parcel included in the aglotication as well as_a.ma .drawn to an en�c neer's scale of the subiect property with dimensions showing the location and use of all structures on the propeq and all streets adjacent to and..grovidir . access to the property. The application shall not be considered as complete until all the application documents. including the vesting deeds) and map have been received together with the orocessing fee Conditions may be imposed to provide for, among other things, payment by the subdivider of parkland dedication, drainage, and other fees that are permitted under the Subdwis on Code, the Subdivision Map Act, or other relevant law. The decision of the Director shall be considered final unless an appeal is filed in compliance wth 9321.q-h (Appeals). Ue desi61era rovaI_.i� ap Isle t ## der T# deck .Q-Gemmission pan -ref appfoyai�s appea�a�le- � 9314 MODIFICATION OF SUBDIVISION_ REQUIREMENTS A subdivider may request a modification to. any Subdivision Code regulation or r uirement consistent with the following application procedures and fidirws. This modification crocedure shall not a oniag Coder uirements. 1- Application. An application fora modification shall be made by the subdivider on forms and with such fees or deposits as may__beprescribed by Department or by resolution adopted shall by the City Council. The application s set forth the nature and extent of the requested modification, thero.unds of the application and the facts relied upon by the applicant for the request for a modification and be accomanied by a written statement identi in the special arounds or circumstances that will enable the required_ findincts to be made. T 2_ Required fb!d fts for approval. An application for a modification shall be considered_by the City Council concurrently with the aplication for a tentative map, vesting. tentative Ma ts; or other application. following receipt of a recommendation on the matter from the Planning Commission. To the extent that provisions of the Subdivision Code conform to the Subdivision Mav Act they mgy not be waived. In appro_ving or conditionally alOprovirxi a modification of the regulations or requirements included in this chapter. the Ci y Council shall make the following findings: (a)Because the land involved in the subdivision is of an unusual size-or-shape, or is subject to title limitations of record that effect or limit its development; or ..is affected by t9pograchical , location or condition of land involved that affects its .development or the use to which the land involved will be devoted requires the modification it is impossible or impracticable for the subdivider to conform fully to the r ulations contained in this chapter. {bI The subdivision is in conformity with the Subdivision Map Act the General Plan an ao-olicable Specific Plan Article 9, Chanter 2 f Zoning Code, an_ d other applicable provisions of the Code. Ordinance No. 1430 Exhibit 1 Page 8 PART 2 SUBDIVISION PROCESSING 9321 SUBDIVISION AUTHORITY AND INITIAL APPLICATION FILING PROCESSING a Introduction This part provides procedures and requirements for the preparation, filing and processing of applications for divisions of land required by the Subdivision Code. b Authority for Subdivision Decisions Table 2 -1 (Review Authority) identifies the City official or body responsible for reviewing and making decisions on each type of appl,cation for divisions of land required by the Subdw sion Code. Type ofi)ove6r App#gahon Code Interpretation Certificate of Compliance Final Maps Lot Line Adjustments Parcel Mergers Reversion to Acreage Tentative Maps, including Vesting ales # +ngExtension of Tentative Map Acceptance of Dedications or Improvements Subdivision Code Waiver Table 2 -1 Review Authority Decision Body Director Director Csi#Director GGunGADirector Commission Director Cit Counci Couf;silPlanning Commission Director City Engineer Director Appeal Body Planniog Commission' Planning Commission —Ci Council — Planning Commission' Go Pllannin Commission' —City Council Piannincl Commission' Planning Commission' Planning Commission' ' The Planning ,Commission's decision may be appealed to the Council. The Planning Commission shall make recommendations to the City Council. Sri the Gaw rtf (4 GtfhGr Land I far. }�y� ��C_ipa��yj, Ae•liri lad f'*F..tn *YSr 8p ugh - leviA -of � *M w a tt rity: c Application Filing and Fees Applications for divisions of land shall be processed in compliance with this section and the City's Subdivision Manual. 1. Application Contents. Applications for divisions of land shall be filed with the Department. The -Depa A_r application shall be considered complete when: (a) All necesv -ary forms, materials and exhibits as identified in the City's Subdivision Manual have been provided and accepted as adequate; and, Ordinance No. 1430 Exhibit 1 Page 9 (b) All necessary application fees and/or deposits have been accepted. The tentative t {aGtentative -pa{cei- map, final map and other drawings which are to be ultima'Lely 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, exhibit., 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 owneri{:l 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 suomitted application will not commence until after all required information is received and accepted and_the De artment.confirms that the application is complete. All applications filed with the Department in compliance with the Subdivision Code and the City's Subdivision Manua' shall be initially processed as follows: 1. Review for Completeness, The Department shall review all applicatons for accuracy before they are accepted as being complete. (a) Notification of Applicant. The applicant shall be informed, as required by the Government Code, ether that the application is complete and has been accepted for processing, or that the applicat on is incomplete and that additional informaton, specified in " letter, must be provided. (b) Environmental Information. The Department may require the applicant to submit such additional information as may be deemed reasonably necessary for environmental review of the project in compliance with 9321.d.3 (Environmental Assessment). and the California Environmental Quality Act CE Q&. (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, exh bits 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 publ c agency that may be affected or have an interest in the proposed subdiv.sion. 3. Environmental Assessment. Once the amplicatio, ,.s determined to be complete, All -all subdivision applications shall be reviewed as required by the Cafifef n-a+nvjroRMQA1a # Quaky ArA 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 by a previous envir nmental documents, whethr- 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 CE-.QA and other guidelines established by the Department. Ordinance No. 1430 Exhibit 1 Page 10 e Concurrent Processi_ncl When a proposed division of land or decision body action reouires_more than one land use approval: all applications shall be processed concurrently as interrelated permits for a protect and shall not be bifurcated unless otherwise authorized by the Director upon the rectuest.of the applicant. The h�qhest designated decision body for all such arolications shall take final action on the multiple applications. For example. any division of land determined by the Department to be inconsistent with the General Plan wo_uid require concurrent consideration of an application to eliminate the inconsistency. Notice to of Public Hearing With five (5) days of determining a tentative parcel or tentative tract map application complete, the Department shall: a Send nonce and a copy of the tentative parcel or tentative tract map to the affected publ c 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 Comm ssion. The report shall indicate the impact of the proposed subdV,sion 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 penod, 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 tentat ve parcel or tentative tract map application by certified mail to the governing board of the affected public School Districts. The notice shall contain information ,.bout 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 govem;ng 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 pubs c School District and may make such recommendations as the governing board of the affected School Disirict(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 perod, such failure to respond shall be deemed approval of the proposed subd;vision by the affected public School Districts. Whenever a public hearing or meeting is scheduled to be held pursuant to this chapter, notice of the time and dace thereof, including a general descrip location of the "-gsed subdivision, the identity of the hearing body; and a,generail explanation of the matter to be considered shaill_be given at least 10 calendar days before the hearing in accordance with the provisions of the City's Subdivision_ Manual and Government Code Sections 65090 and 65091. AA proposed conversion of residential real property to a condominium, communit r .artment, or stock cooperative protect shall be noticed in accordance with Sections 66452.17 through 66452.20 of the Subdivision Map Act. Ordinance No. 1430 Exhibit 1 Page 11 Additional noticing time as_specified may be rer�uired to comply with noticing requirements of the California Environmental Quality Act. In the event of a conflict between required noticing times. the loncter time shall. be given. The Department mayoive such other notice that it deems necessafy or advisable. Substantial_comliance with these provisions. for notice shall be sufficient, t and a.technical failure to comply shall not affect the validity of any action taken according to the procedures in the Subdivision Code. The decision body shall consider any input received from any interested _grbL including any reports from affected agencies, utilities or School Districts in- r>! for Lo approving, conditionally approving, or d g`disapprovinc t e-kWA0tjY& Fnap -an application for division of land. Notwithstanding the foregoing, it should be noted that the S_ ubdivision Map Act or other state codes may require additional notice for certain applications. fg_Puyblic Hearings J;enF �4Garing, the p `Ni6 eha[l -b pFevide#i ;44th n �ii�g(�si`�lianoe with- Stat<e4a`.' ( MEN;t 1 CZ Y„`0 and 6%0i). AddiiiiienakiGUG0,94imme as spec: ed .,, ,y y -w merits Teen #fie shall bei Apeposed rfk i-p{ r +nit apa tr or- �#_ G_.k_ coepemt4e -pf6 Qt -&ha!l be Retioed 6- 66A5'} 92 thF i gh Hof -# *. SubdWisii en M 2 p Act; Not a -61xll at a be rv$n-lcy-F€ who ha&44ed - a 1A,r+# en FaquGs# �Ry. ,A37pL uest may e i l� of m { +�a Iei9 ar ar and •' ""'.""'sk�a"l'i "•' 77 ''' "'!ef -t-saf endaea Ae -Depa sent staat�e -��at, aftet !he valid4y oUany a -tom subd-41-den code. Whenever a pgbiic_hearinq_is required b y- Subdivision Code and the application for subdivision and any environmental review has been determined to be compiete.,and the gipplication has been determined to be in. compliance with this Code, all other app licable.Codes, Specific Plans, General Plan and the City of Tustin's "Standard Drawings and Improvement Desion Standards' in, effect as of the filing date, or that includes.applicationtfs] that Propose actions #hat, if aiytaroved.by the decision body,- wauld_correct any noncomjpiiance the Department shall set the time, date and Place of the oublic hearing before . the decision body in accordance with the deadlines for action yLovided in this Code. gh Appeals The subdivider, or any other interested party, may appeal any action of the decision body to the appeal body as identified in 9321.b (Authority for Subdivision Decisions). Appeals shall be filed with the City Clerk during normal business hours within 10 calendar days of the date of the decision and be accompanied by a dqposit or fee as re uired by City Council resolution or Ordinance No. 1430 Exhibit 1 Page 12 ordinances matted ag-a€4f+ied t" toe -Peps &rat. All appeals shall be made in writing and shall specify the decision appealed from the specific; action . or relief sought by the .appgllant in the appeal, and reasons why the action taken by the decision bo0y should be modified or reversed. Timely filing of a written appeal shall automatically stay ail actions and put in abeyance all_ approvals or permits which may have been granted; and neither the applicant nor any enforcing ?Gency may rely.-upon the decision, approval, or denial or other action appealed from, until the appeal has been resolved. Failure. to file a written appeal in accordance with this subsection shall constitute a waiver thereof. 'rho appeal 6 h Y State of Brie and t#e hasie -fer -toe appeal air, 099 1- Ise -f+1 ed wijh the - DePartfnenPA4h� t (10) Gafe R d ar-day& -G � in erB l 'a actieR Appeals- papied- + -the f+li #ee set-by-rePAIJ itien-of the GA, in J1, The appeal shall be scheduled for consideration by the appropriate appeal body identified in 9321.b (Authority for Subdivision Decisions) within thirty (30) days of receipt of an appeal, with the same noticing as required by Section 9321.#- g_(Public Hearings), unless otherwise mutually agree _upon by the Director and the Property Owner/Applicant . If there is no regular meeting of the appropriate appeal body-within the next 30 days for which notice can be given pursuant to Section 9321,f, the apneas may be heard at the next regular meeting for which notice can be given, or within 60 clays from the date of the receipt of the request, whichever period is shorter. At the hea4ng7 -t he ap pea r bed}- e#a4- seed4o -a. de nee �;ew, €r+ay-Gene er apy i is su e iRVG1ViRg Ma##ef: th a I 'S he-"u eGt Gf the ape2 1, a Rd &all l ^, hP I im ;#ed-te a GG R sWerabGR G4he nde lict� � sperms -g�e� he-appea-� The hearing shall be de novo and the appeal body may app rove. _approve with conditions, or disapprove the matter in accordance with this Code or remand the matter to the decision body for further proceedings in accordance with directions of the appeal body. A decision of the City Council on such appeal shall be final- 4— the dI �irmi fey gTVpmv'ai'at�ar4-- eLr- mi{}a#in nnm of the dec+s+en fig- b9dy- that464he-eud}eGt Gf a ppea4, When re; riev ing-ap pp eat, -Y�Y�I a �i3�tli'k one-ef -�a ti rt ay add .7res ether +6 ues -efs cef€ s at e s dje- apps, � 3— ew ��, ;t ear +dense -i pr se€�ted eR-ap pea 1,- the appea1bedy -� t- shali`€let be rec4d+ - to, -fefer Ihe01a#te ;: W the dss+s+e€ af�+R�t�edy #eF tuft her nsidemsiap Any ° "- + -t�er� by - ##e Aaald�sk�alJ -be su�$�ap{�rapfin.d +nos- f} 9XPj atfonsa Tune F riiGns 1— -Exp#atsefas- T he-a ^"r^ tefi #at e- passel er ten# +v t*a t r€�an x{ei {e #�14�e }� f9H+424}- m this fte m he date ^' preva�-- H GWA ver, �nr#�e{e�he s�ddiv s ra��+re� to as-lar-er*G ibed -iR SeG40rl 6e64 5 2 6 ef-t4e Su hd +v+e 0 r - Map le seRStrua ,, �MiProve o r fif+aRGe4be-Gnri6t ti^^ nr .,,.,revar u' pud4is ifa��eri #8 out e4h.e4DcA nd p r ca a rip of irc-jenj;'kFY`c-- 7�GGi -dFRg #R4pr0VeMeAt6 of Wbj4G.4 Wa which :4 h' dt t h A pfepe Fty being s�+bd ivideg, or- +f th e te„f idve map is e R p re fly &u4 e Gt tG -deveiepFReA1- a9feem eRt a rit#er+zed by 499 65 ", of -the ovefRmef de, theR4.4e4w0a4ep Pf t„e anta#+vra t� - parcel FRa p sj;a4 be g Re icy SeGt +n 6 A4,52.6-Gf the 26 "r++4E4en h r,-r" r-A t. Ordinance No- 1430 Exhibit 1 Page 13 2, - Time€ge€ s+ar s Re 61 es! by Subdwider, The 's - , hil 0 h e + e may request -ae extensien --� expiiFatiier� date 'eM h e aP pFeVC d le tatiVe'parcei test t+v bra ap -by-f4 r 9 ar Witte€ r'eque t with he- a€ deny- and-paying appiieabte- feL:�s'as e6tab4ished by Gou es,0114en. T#e-appJir.a!jos eR b04ed yet- Ie6rb thaRthiF*ayi�ii- bL#We'the -map i sGhAd, te- ex °LF�rro°- anvPhall state tia r anon {s} fef--f-equest. The f 1pg rt# -such app4Gatiep a, it �4y exte idz4he min fnr sixty 60) day6 -or 4.4nti4 -tilde extensigR it acted of}, whicheveTnrrurr,#+r -Q. The decj-s+er� -makjRg be y 111 4etermi - M4et4eT� t#a` ps u -h d 0. vi has 'made a-go fai!h stabllsh the- 6u The- hurler. of- p{sef -4r AR t a s�bdMderJ- teestala4s"il -s _hs- 12 A 1 0. al evi +F.. a tatiye'pa l fpap -Eh ald b a -exte ed,'If the -d d4ete n4;ec that the pie rr.tiittee I7ae-prt'r r a G hap:,, eXef- j}ed --d.- di4g8nGe ip ra$ ,{ } �� i�the.rhu ivirziefi the t0Fna aae+aAr,0AM nhal; -t gfaf�t The a•iaririnn m jyy� lae r "nom -F - a�iate f sding8 -We. made; i pe's'e--r�wl car+d+t+of CTVTlf V ''eJJ �ir]e't#1at We app4Ga iacrea dertete�aeet €eec hick�4�ave beefi -4TWG&&d r+RSe t he -date`of Wigs ial- apprsoyJ ;l ^{ th° 44Htativ-e ��J,�{ f�nTi�A,,,f,,i,.�aLir -3 ap:I {b)-46ap Fig -ap-T 9 EXtensien.-4-t 'm tleF nrigiRa4Y rnq-By rFda a Ced P MiG I ea FiPq, the dec4 rie�g shall maid a- publ+s Ira �d ri'-` +k T f used time -exte rn a R d rive po in rA: imp apc_a wit �R'!4 f (Publjltr F Ieia{in @&7 _ { [F e- Limit 'ot- Fxtelrnz:i ( t�ap�#er- w4ic# a te€�tative y�� pa Fr. �y�e�IIy, Lp at +�ra'tract map mya�+1 Jp�, phi --QpJe extend ed h Qt}T tTVfTi1i - Fh�LLyJpAI ii{ th&- /��JyIt�TQT�,.TTPl ;� -body is ha 11 �]} eXr.e�d a -t$tal of fiVe (5) 1Ja 1Yt ..Y ��.t4e -64pJR i GS]Vpi0Fatinn �� J T Oi {d }' Appeats; T ny-et#ef- intef-ested pia F1y ,n y .,mat -aipy astien�#4iae deei�ak+ body 41;�F, , F!_ ta-t# -time eKtens i epdik+ n er develop Fs n of fee MPOGG , - to the - pa 1 bed Lri ee W5 p 1l airic� with 932 -1.n fAp pe A 1 s) 9322 LOT LINE ADJUSTMENTS a Purpose and Applicability The purpose of this section is to provide for the submittal and processing of a complete application in compliance with subsection 9321.c {application filing and feesLf r a lot line adjustments of four or fewer adiacent parcels in a manner so that any land taken from one parcel will be added to an adkoining parcel in compliance with the Subdivision GedeMap Act. b, "-Afp4GabAity -An appWaben f f: a lei Iif;e -AWm"t s�- tae - €+4e +anent iA se€nlo-4i@Rse Fi- �St?2 -1-iG P4 Ga!inn filing -`F;d e4_ . The -lot -Wie- pre Wed-in -aA*k-kRReF: a r-Ge Ptah 1e_4)--the Gity- EngmeeeF and isha be prepared by-a �siV+nee er ise� 4Fv rer:1 a kA. -Me fi43,alrly-afKJ-1egi hl it dFawn end- &full renta+n- 4e44gf ;are-- ►dermaG1&d 4he C4 9 A I hd+5 is+Qn- Nkafiva4 i iL ha-0ty F-{ gear. T4e liar Enginnnr may 4 r u4e s.,ex ib46 data. 0 infeFFn aijen a" ed f�eGe nJ' ! "' axis #- Ilge-pa {p 1 6+90' Map �e -W- Ordinance No. 1430 Exhibit 1 Page 14 adjestm"t a sati 1� s#aiI bp dip r€n+Fed tG hP t �4e e#ha fier+F�E]+�+is+of} oniyL-�e4;,.� 1. - A11 P ene r, &afy ap kis -fwfnr, Fna je � aJ:,, and_e�ts.as est #e4 by t#e -p,-h jG Works UepaFt en Eiggieeerip -Pyj tee es-a�e ate 2A -legal dessr+ t+ee e# -t#�e- a sets rr€& prG P08P -adjHstFR Rtr, a.- Cal+ #eFP�2 R�--W "- ;+i+#t iF1e r OF , " GP R SPd -LaF4 Y 0r +s assepted -as adeq arecee Iry +t#�eree #erFe� ad }€setts are�eaa adequate 4 -A pre*Rii R a PY t+tle {eper %4 i the4e w+ e{rb, 21nd ea cents +s aGse ar4-a be -mated eves} rr+GRVI6 f�- R t e 6ate d s h eorjq+noI ittal enaa- actien +is f.,ken the apocwicop. A e to la fl Of t lae r e F AM i a }I extend ffUpGIS ed ktir tUFes- a+qd slte +its vi###adjst€nee,efs + re seance zeea bu+4dMg-Ge4e-64s aG6ePted a 6- Eqiziate� , G. All fees a nWor-depeE�4 -aye taee4-6�4:te�i-aF4asaePted t_ 44*+ e- ljgkmeptis FR aYbe CE) fR9W Prim d -by the-Ge4n6il-if� ramie -with s sest+on 93 1, {autherlt € €ef �i def sib +l�ilhoul a b"U k ai- Are -a l Gati -foi- -a eva4 of a -aet aye ad}ostr €ten *;q gn rn0c- }ce_w4h_jh4S �-be gArn tt@ -019F t 9 Gr- nriirrr� rr tl a4 a PPIIG }6 €6F nvr oirhtmr apprAken'r, fiereVe!Gpme t; AgY reoues#-w euid frreate -a_ greater ego#- PrWe4kA9 s# al; requf a4he4ir of a te€ IZ!We� eel-of , * #aO Map+n . j0 PI RCLM I A :;tiq sed+e 23 - (Tefg e Paw-e4 and-TeptaU a -T{ast hn Br as may Gth erwp e be ppe +d" by 4;e ivision Fade- Application Processing and Review Each application shall be analy.-ed by the Department to ensure that the application is consistent with the purpose and intent of this section, the Subdivision Map Act and the City's Subdivision Manual. 1. Application review shall be limited to a determination of the foilowinc . a Four or fewer existin ad oinin arceis are involved; b _ No greater number of parcels will result from the lot line adjustment; c_The Parcels . resulting from the lot line adjustment will conform to the Tustin General Plan- and any applicable specific plan, zoning and building ordinances. 2. No conditions or exactions shall be imposed on the approval of a lot line adjustment except to conform the proposal to the Citv's General Pian, zoning and building Ordnance No. 1430 Exhibit 1 Page 15 ordinances. and/or to require the prepayment of real property taxes prior to the cep rp oval of the approval of the lot line adjustment, or to_f_acilitate the relocation of existing utilities, infrastructure or easements. 3. No tentative or final map shall be required as a condition to the approval of a lot line adjustment, 4, No record of survey shall be required for a lot line adjustment unless required by Section 062 of the Business and Professions Code. 4 e{� terr^ ,-of a FYUMf4etCJAt 11 A Shims 12 lime lAr 6 0epa A me } wxUlEf3gif:eer+�y r�s#ail fepAoard- the "'at e{ to4h�Gl� The'Ceunsil sw ne a ti$n te' Gve with-c -opid ' +nvTrro i6, r-def}y-tha I rc� etimv84juetme nF env nn +inn knken-by �Oil,'and .�.� -��„ nd! r, im sed- #,a eneljre cemplr with a 4r'ahIe n+ ,a I bu4di ng -cedes do F#44; r+d- Decision Upon determining that a complete application has been submitted and that the application complies with the Subdivision Map Act, Subdivision Code and Subdivision Manual, The -the C�eu 4- Director shall approve, conditionally approve or disapprove they roposed lot line adjustment_ shall rese{ +is-de +r { in w4h the used: An approved jot line ad Igstment shall be reflected in a deed, which shall be recorded with the office of the County Recorder -in accordance with the provisions of Section 66412(d) of the Government Code.The -C' it ^fie{ eve - ae a teen- fuf- a- 1��ctm t,-,,r4 -ef With if e- foWw+{ ' €fie rye If a Record of Survey is s prepared and filed, a Certificate of Compliance shall also be recorded. T'heprepeBed adjustm 6'0yolve fn' " felNer e}Ei6tif;g adjo n4nq- pa{fi6ifi� 3--The-proposed adjUStfnants to #�e a €+st+ 6 {sel r♦a r { laar'�; � {al+ca# ae qeRefaj pi A,- 7e{Iirrg and - I014+Idi - CAAer.� -afd 4- r�pased -s.ai;t6lin'�RG6iAr+t t#e+ty s Id++ +s+anke d " P�ua�Pre�res '1- ' A ppe ats -The c#esisi ^n „f .,;+ ncii is I 2— lairata$nlE_xte{is+ em. -I n - approya 4- a nd is fiSfaGhGn Gf 2R on diliens-+{x+pes ed, t #e FuMir, Worksl ngiAee{+n@-D kemrinr p roved Ot t to -t#e Ceu #t}r Rese{d�. -A he r-pirar it #ie -#w^ r'';s, aPff0valr Q, F At h P Ott frame + a estaUis#hed with-the let -one a f}uskrne€�t l —Tim exteneiGR he'q{anted -+r GG pl+af e-wdh Pwhsensi oa 932 1. h - (axWafiupE fpemom ce s[°cTroiO s).'it a let Ise - ad 'w4h4p I Ordinance No. 1430 Exhibit 1 Page 16 esta hl r, h ed time 4 -am-&-a -a-t4r exteRSieAis -not aRted. the lot-4ne-adju-cAment s�li be dee€eed tP have exp+k+ed- 9323 TENTATIVE PARCEL AND T€ TATlVf_TRACT MAPS a Purpose The purpose of this section is to provide for the submittal and processing of a complete application in compliance with subsection 9321.c- (Application Fiilin.g and Fees] far tentative parse�atat�ue t {act -maps for the subdivision of land in compliance with the Subdivision God )Map Act= all appiicabie.zoning regulations, the Subdivision Code, and the Subdivision Manual. ` b Applicability and Requirements Ar a p4ica ie e a te€� #ative pa cei rte+ tat+ve as# ap a #+le i- with- tk�e- Be{�ar#�a� io- se€ep 1 ia F;Ge w 01- - {Ap{el+ t+efi Film R g arad- l=ees } - 1q Rath A' t#e- teeta#+ve- rcei. tentative tract FRap 6 all be -prey aRf4e F aGGE ptable-te -t#e C mu#A y4DevekTmeot DepaFtp;e t-a+�d ishall be -p pared by te -c+v rl-- eesr -or I+kased- ia d-s-U€irey,RQF te+'ta6Ye -qa ap of teas +4 ,t map ��, -.�, hP deafly and legibly draWR -aF4 , IN- cu+ta+p l fe + atioo ;did -in the -G'+ d +vision MARAI y-the-&%GIGIF City -E-R� 'he Dent ay alrbG FeIqGiFe GddifiU9a! fnater-+aJsj exhi -data w ie f4A P atien as-deemed PecessaFy to ae Go p4i6h4h&fuqDcwbes of the Suhd+vi6ien-'tiAap-AGt�W the S hd P1, 6i" Cede. Te Rt aWe {�i tat+ ve -try M p-app4cafi A A 1; r hAA -de deter [R t o 68R 6 he.Qe marr iqt v^r^rly'i e$p, .1.--Al1- aesassa .agpkr ermr,, Rnategafs-af�d exhibi tis a s e s a�i6hed by the `-O$pakr mefu ape assemed-a6 adequate; 2- A-ff_elimipapy s i16,-geGIG9Y a s iSMiGiily Pep o;t- pf- epar -ed-iA A cWdaFGe4N4h4he UP40FM iddi€ �d +ty's y ak kue + aGGepte d as awe. 3- Apre4im4;, r 4W the -Ie@;41 cgorne easeme AIR is uete -by +-h ifkgi€:eer Said -t4je Tepeq 6haji be.updated ems- six- {6ymQ—R ir €k-the4date of imtiI 144 n9lign is takef4-nn the appl+saii n 4—A4 neGessaFy de te {€r��d doserReetis le s rnpiy -wif Califoff,iak E€�vi ee aJ- u kl+t +-Ast a e J�ee€ a er- adepted; and &—A Be6 a€i4d�ef: depe B +t6 h2k "a h . r,k} Teatative -paFc +sha4 -be sued by t# +ss+er� a€�d �i Tin f0f aPPRW"-i teAtative pa I or taptaffikeve t {F#a p4R-G iianGe-iPtU -th S hd 11; o,-ar+ -fib shale submitted- pricy to e��ti r wit# alJ-a{ I+ ,at+e€�s f ^,mar Rec,eesary {�devei9p►�er Ordinance No. 1430 Exhibit 1 Page 17 Each application shall be consistent with the provisions of this section and the Subdivision Map Act, Subdivision Code and the City's Subdivision Manual. Proposed dip +lions_ of land shall com , ly with the following requirements: 1. Divisions of Land; Four or Less Parcels: Tentative Parcel Mao Requirements. a A tentative parcel ma_ shall be required for .all .subdivisions creating four (4 or less parcels or where: 1, The land before division contains less than five f5) acres. each parcel created by the division abuts upon a maintained public street or highway. and no dedications or improvements are required by the City- 2. Each parcel created, by the division has a gross area of twenty {20} acres or more and has an approved access to a maintained public street or highway, 3. The land consists of a parcel or parcels of land having approved access to a public street or Nghway, which comprises wart of a tract of land zoned for industrial or commercial development, and which has the approval of the the City as to street alignments and widths; 4. Eachparcel created by the division has a gross area of not less than forty acres or is not less than a quarter of a quarter section; or 5. The land being subdivided-is solely for the creation of any environmental subdivision pursuant to Section 66418.2 of the Subdivision Map Act. b A tentative parcel mat), shall not he required for the followina�: 1. Subdivisions of a portion of the operating rig ht-of-way of a railroad_ corporation, as defined by Section 230 of the State Public Utilities Code, that are created by short -term leases (terminable by either party on not more than 30 calendar_ days notice in writino). 2. Land conveyed to or from a governmental agency, public entity. or�blic utility, or for land conveyed to a subsidiary of_ a.public utility for conveyance to such public utility for rights -of -way. unless a finding is made by the Director in individual cases upon substantial evidence, that public polio necessitates a parcel map. For purr oses of this subsection, land conveyed to or from a_governmental agency shall include a fee interean easement or a license. 2. Division of Land; Five or More Parcels: Tentative Tract Map Requirements. a A tentative tract map shall be_reguired for all subdivisions creatiriDfi_v_e (5) or more parcels five (5) or more condominiums as defined in Section 783 of the California Civil Code a community apartment roiect containing five f5) or more parcels or for the conversion of a dwelling to a stock cooperative containing five C51 or more dwellin units except where a ioarcel map is required pursuant to Section 9323b_ 1 of this Code. Ordinance No. 1430 Exhibit 1 Page 18 b A tentative tract map shall not be required for the following_ 1. The financing or lew0mg- of.apartments, offices, stores, or similar space within apartment buildings. industrial buildings, commercial buil-On s, mobile home narks or-trailer parks. 2Mineral, oil, o[.gas leases, 3. Land dedicated for cemetery . ourposes under the Health and Safety Code. 4. The leasing or lice nsing�of a portion of a parcel, or the granting of an easement, use permit, or similar right on a portion of a parcel, to a telephone corporation . as defined in Section 234 of the Public Utilities Code�exclusivelY for the placement and operation of cellular radio transmission facilities including, but not limited to, antennae sypport structures, microwave dishes, structures to house cellular communications transmission equipment power sources and other equipment incidental to the transmission of cellular communications, if theproiect is.subfec_t to discretionaEy action by the advise agenc y or legislative bod�r.. 5. Leases of agricultural land for agricultural purposes. As used in this subdivision, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock fi. The fnanci.n or leasing of any parcel of land or any portion thereof in conjunction with the construction of commercial or industrial buildings on a single parcel _unless the proiectjs not subject to review under other nlocal a ency ordinances regulating.design and improvement. 7. The financing or leasing of existing separate commercial or industrial built in s on a single parcel, 8. The construction financing or leasinv of dwelling units -pursuant to Section 65852.1 or second units pursuant to Section 65852.2. but this Section shall be aM#gable to the sale or transfer, but not leasing, of those units. Subdivisions of four parcels or less for construction of removable commercial buildings gshavin a floor area of less than 100 square feet. (California Government Code Sections 664112,.664112J, 66412.2 and 66412.51 c Application Processing and Review A complete application for a tentative map shall be filed with the Department in compliance with 9321.c (Application Filing and Feest. Each application shall be analyzed by the Department to ensure that the application is consistent with the purpose and intent of E e efra y -44e --- "he-prop 6e ent with -the requirements of the Subdivision Map Act, Subdivision Code, Subdivision Manual, Tust n 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 map appli.cations shall be determined to be complete by the Department only when: a. All necessary application forms, materials and exhibits as established by the Department are accepted as adequate; b. A vreliminary soils. neoloay and seismicit report prepared in accordance with the California Building. Code and City's Gra ding . Manual is accepted as ad 3 ate1 except for subdivision for finance and conveyance gpiL ccApreliminary title report showing the legal owners and any encumbrances and easements . is accepted as adequate._by the City Engineer. Said title report shall be current within three (3) weeks of the submittal of the final map and be updated every six pj .months from the d_ ate of the original submittal until final action on the application is taken d. All necessary determinations and documents to comply with the California_ Environmental Quality Act have been certified or adopted and e. All fees and/or deposits have been submitted and accepted. 2. Tentative mans shall be considered by the Planning Commission in compliance with 9321.b (Authority for Subdivision Decisions), with. a. noticed public hearing, A� alioafier�- fer- atenttfv�or. IeMative trart Fna a-puW hea l e#oF- e4he -Ce iss+e€� w pq e N00609 Gf the Publi ?ter;., g ',;;I; be f) 3. T (i TI cxe�ri�ruuri rrvrn �tt.ior wnrcn wrn rend upon a. previously . certified environmental impact reAort, shall be reviewed and acted ypon_by the _Plannirpa.Commission within 50 calendar days of the date when the Department has determined the application com .lete. 4. Tentative map aipplications which the Department determines to be complete but that r wire the preparation of an environmental document in compliance with CEQA shall be reviewed and acted_ upon by the PlannMn Commission in conjunction with the_ environmental document, except that the Planning Commission shall provide a recommendation for applications involving multiple, interrelated discretionary actions. SL_The Plannin Commission shall FeGwmend to -the- Ceueii, after a public hearing, astians, W&Wj a -mss- related eqta6Ye -t a •` ";� hAgames- estab4r, ed- the ut eieA i4a � FOSYant. a rove conditionally approv e or disapprove a tentative map supported by the following findings: a. The proposed mapis consistent with the Tustin General Plan or any applicable s ecific,plan the ZoniMLCqq e, this chapter, the Subdivision Map Act, and other applicable provisions of the Tustin City Code. Ordinance No. 1430 Exhibit 1 Page 20 b. The design or improvement of the proposed subdivision is consistent wit -the Tustin General Plan or any a licable.specific plan, the Zoning Code and other applicable provisions of the Tustin City Code c. The site is physically suitable for the proposed type and density of development; d. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and a.v_oidably injure fish or wildlife or their habitat. However, the City Council may_a ove o_r conditionallyyap oprove a tentative map even if it is unable to make this finding if an env ironmental im -pa ct resort was prepared for thep_roject and a finding was made that specific economic, social, or other considerations make infeasible the mit�qation measures or project alternatives identified in the environmental impact report that would mitigate damage to the environment or to fish and wildlife and their habitat. e. The design of the subdivision . or the type of improvements will not cause serious public health - roblems. f. The desion of the subdivision or the type of improvements will not conflict with eas_ements,accuired by the public at large, for access through or use of, property within the iproposed subdivision. In this connection. the City Council may approve, the map _if_it finds that alternative easements for access through, or for use of, the grope will be provided, and that these will be substantially equivalent to ones previously, a uired_by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent�urisdiction. g. The waste discha a from the ro osed subdivision into a. community sewer system will not result in or add to violations of existing r.. uir_ements prescribed by the Regional Water Quality Control Board. h_ Corrective measures have been Drpposed by a civil engineer registered by the State if the preliminary' soils report identifies the existence of critical) ex ansive soils or �� other soils problems whchif not corrected would lead to structural defects within the subdivision. No .building ermit shall be issued for the construction_ of any buildbq or structure within the subdivision, which has been found to contain critically eXp nsive or defective soils unless the _.a raved corrective measure is incorvorated in the construction plans. T' i. Any tentative map where residential . development of more than 500 dwellin units is proposed shall include a fin(L g indicatin or a condition LeguiriM. confirmation that a sufficient water supply is available, based on the submittal to the Citof a written verification of a "Sufficient. Water Sup pg `.as that term is defined in Section_ 66473.7 of the Subdivision Map Act from the applicable n_ublic water utility provider, or that the proposed subdivision is exem ted by Section 66471.7ti;! of the Subdivision Map Act from aroviding said verification. In the event that one or more of the findingss included in this section cannot be made to support approval or conditional, approval of the tentative map, the Planning Commission shall disapprove the tentative mag except when the subdivider files a tentative map concurrentIv with an interrelated land use application fi.e., zone change. peneralpllan. amendment�.etc intended Ordinance No. 1430 Exhibit 1 Page 21 to make the deve)apment_gro osal consistent with the above findings. -Whereupon the Plannin Commission shall provide a recommendation to the City Council. As a condition of approval of a. subdivision mat), the subdivider may be required to. dedicate or make an irrevocable offer of dedication to the public, through the appropriate public q en of all_realproperty both on and off-site as reqUire(j for public use or benefit. Any condition requiring dedication shall specify whether the real proPe[!y shall be dedicated by easement or in fee title,-as identified in Section 9331 of this code and shall also be so identified. upon the tentative mat) and final map. The Planning Commission's action on the tentative mashall be final unless appealed except that the Plannina Commissionsha_ll. vrovide a recommendation forappl ±cations involving multiple, nterrelated discretionay. actions to the City Council at a public hearing. to_be held within 30 calendar days of the Commission's action. Noticing of the public hearigg shall begiven in compliance with 932 i .q #Public Hearings). All applicable time frames for the Commission to recommend on the tentative pamel or : 44ract -map application specified by the Subdivision Map Act, the Subdivision Code,,or other relevant law, may be extended by mutual consent of the subdivider and the Commission. ,A e-rmm chafer 1 as been made lta. he Gemmis ion th 'rkug "iye naFee! rtr t ive w +.a, l applioaWn will be d fbF a pubFii;-hear+ -City GADUAGil. No4G4n Gf the, Ek*G h i" -;AF be i •,, ,ITT The CounW•decision making body shall take action, after a public hearing, to approve, approve with conditions or dep isapprove the tentative pamd of !eA!a tive* -. map- within the t+me-ffames- estabiie by p AGt-Dr-olheF . A4-aWnalhle -to e q applisatiea -6peci €fed .--d- sc*19OVideF Ond-4h6 lf the decision. making body does not approve, conditionally approve or disapprove the tentative map within the time limits ql ifiedin_ this section or an�r authorized extension thereof, he tentative map as filed, stall be deemed to be approved insofar as it-complies with other applicable requirements of the Subdivision Map Act, the Subdivision Code and the City's Subdivision Manual, and it shall be the duty of the City Clerk to certify.its approval. All applicable time frames for the decision making body to act on the tentative map application sipecified b�r_theSubdivision Map Act, the Subdivision.Code, or other relevant law, may be_ extended by mutual consent of the subdivider and the decision makinct bode- d Findings and Decision The decision making body Getwc shall record its decision in writing with the findings upon which the decision is based. The Gt• Council may approve an application for a tentative pafset or entat +vim s -a -map, with or without conditions, supported by the findings required by Section 9323�the Subdivision Map Act and by the findings required by the California Environmental Quality Act. The decision making body may equire, as a condition of its approval that the pa rment by. the subdivider of all development fees required to be )aid be made at the rate for such fees in effect at the time of permit issuance. Ordinance No. 1430 Exhibit 1 Page 22 Ga"tionfi-ofApprc" b4- rGWAg a tent paFea1 Gr- jenW6: #act map, the .i. -.r.:S aking bGdy-" 'Fed b to be a# thn�.� rate for 6 -#e in effecA -at-- the -I+0 e,, -- .ar*sUan fe Post Approval Procedures j. Appeals. The decision of the Planning Commission may bg appealed to the Tustin City Council ..pursuant to Section 9321 h. The decision of the City Council is final. 2. Expirations. The aperoval of a tentative map shall expire within twenty -four {24i months after its approval or conditional Mproval, or after any extension of period of time not to exceed an additional twelve 12 month or such otheriperiod as may be authorized b}� State Law. Prior to the expiration of said period, or any extension granted _pursuant to this section, the subdivider shall cause the subdivision or an art thereof to be surveyed, and a final map to be ureared in accordance with the tentative approved, and filed in accordance with Government Code Section 66456 et sew 3. Extensions. The subdivider may re uest an extension of the expiration date of the approved or conditional ly,.po oved tentative map by,filing a written request with the Department and t?ayi_n� applicable fees as established b1 .City Council resolution. The filing of such application automatically extends the map until the extension is acted on. The Director shall determine whether sufficient evidence was )rovided in the application that there are no chanoed circumstances and/or that the subdivider has made .a good faith effort to establish the subdivision. Extension(s) not exceeding an aggregate total of 36 months may be approved, concl tionall ..appro—more-. ed or-di sapproved. No extension shall be ranted that would extend the tentative ma than six vears beyond the date of the resolution adopted by the decision making booy awroving or condition alVApprovirt the tentative map unless otherwise authorized by State Law. As a condition to ranti an extension of time, the Director or, upon ap peal, the City Council may require compliance with any additional requirements deemed, necessary to carryout the sue, irit and intent of this Subdivision Code. ,The period of extension specified in this section shall be in addition to any extension authorized by_Government Code. Section 66452.64). The subdivider may, appeal the decision of the Director if filed with the Cit Clerk within_ 15 calendar days of the date of the_action. iii i@{�cinnQrorra- Tirmp-igNt f'rmay be FAt&d pj�aoca with c -(Tif?% €errs); if a- tEntat or-te afive#asf ed. wah t be e adi+skc4fiFne ka :,e, aft a tiimcvii #enSion is not ranted, t#e a +ve afsei er tentative tract-rf�ap shall be-deemed -le ve-axpif-ed- 9324 24 VESTING TENTATIVE PARCEL AND VF=9 TINGTE T —� TRACT MAPS a Purpose The purpose of this section is to provide for the submittal and processing of a complete vesting tentative parcel and - tract maps for the subdivision of Ordinance No. 1430 Exhibit 1 Page 23 land in compliance with the Subdivision Map Act, the Subdivision Code, and the City's Subdivision Manual. b Applicability F. iling ;essing, Whenever a provision of the Subdivision Map Act or the Subdivision Code requires or authorizes the filing of a tentative parr-e4 er' tentaWP + map, a vesting tentative paFcekx vestif teMative t map may be filed instead. in accordance with the provisions herein. The filing of a vesting tentative pafcel cr �r$st :nff tentat e�Fad map, as opposed to a tentative tract Mae eFp arsel -map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction. An appl+sa n for a yestipg4eptative tinq t2ntative4 F2GI M a P hA4 4e' f4ed - it the-ge a4mef# -4€ —with P32 4. r. {App4ra4en -F; 'Fees Except as provided in this section, a vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in Section 9323 and shall have printed conspicuously on its face the words fi= �Vestin4 Tentative Map, "estin #e I o{ vs#+nen *��k-anaa shade Ir prepare d4n-a manf:ef:--asseptahle -Enthe IDepa€tn,a. k J# deer tared s+Vii engineef-�wepsed # anti- &uf:ve}rcg— -te€rtative- eafse, ^, finq tentativetfast map - shall -be-Gle e + ly'drawfi -and Shp" -aep a4n- the- 44urri:�atf^iq,,deNif ;e -in t4e -Qty'6 Su +hie +s+GAA h4a+ l; Ajr4eEz rra+ved by t he - 0arecter —T IDG pa ?I eRt-may ar4160- ire add+tienai mate- nals,- ex#Abits, 4ata GF j forr4at+ep' safy -le, arse RRplish- 4i4e'pureeses -ef-th dh ian-Map A6t-a�nd }x.��rr°A R, +vision ��°ode. Vestinq ieni��RT; Pa{ -ZRd Ve6iinn #er Wi iV6 tract Ma"PPIOsatj c RS s1!ali be deterred -te he !he -IDep ;4n;ent emy- #ems All eas + applicatin^ fGFFPP,. mater +a4e a+ ex#ihit9 As e9tablir>hed -by-fl�e De pa r rx fit a {e' accep ed as a de u Me; A t e se+ls,- ale , eiee4 preeaPRd A- asae€dan 'with -the I I P ifwm Bu4dinq- ads€ +s ar pte ae adequate 3. ' A pr-L4 . ilYl jR9 the 16Yal owners aREI- aRY�+e� gnat ses and ea t 1VT► to by -titre fity Cnr�.nee r.; Aid- 6fle %peFt ch 1444 Upd-at -f-L�X- { } MQnthr, UAM t h IR mate- e#- the 'er if�a� swbPq -+mot +l final era the apelicAmen is taken: 4. -AJI- 14Ge6s Fy deie TS17TT iefTsr Pd d Pr L FA OTTSQ tSS comply w#; the GaUrarn a € uiro +rne tat' aii }r a£F 4raVe h ^�� -r'84j iad-er a {ate ' ii �6--A! -fees arnd#eF depGs+ts� -h Ye'beery bmitted and oeepted; i,�€ eati ng -te'n#iSt+ve - parse! -araH- res�t�+,n,,, tarn +- s(t}i'��,� 426+_ - ;;U bp rpnrki -by the '+ �aata' eudlis -�� A€i afpeliGa! F a tar t 0.a'ves4ifig te F; tat we p;a{sel- er- vastj Rg tLmntat4a tract map-ip sem0an Ge W+th-t#Ee R- UP i 10 i Is I an -C e's#a} the- s14 With -a �icatiof�s fe{ GtheF GeSSa FY +ssretiefI afy Gj ly a pp F r- the'develepmest- Ord nance No. 1430 Exhibit 1 Page 24 c— App4ca6on44o ss+ag ,Ea 'ap l+s tier #alt e- aPa4};�_ y-tire BeWm-ef)t4e -e re- t hat 4 --prcpc ski�3Ei +�f+fi+A ? �$'£.8r}FxfFxtefit M #t4 k° rani pipe mnnkr< of #J +y 0:4of}.{ T.�uysti� e a4 -P'an. any app4icaWe- 5peG44, P4a , A,.,rtide o G h -_ pt- -�� g Code} a olher epp4E abbe provfs+ens -eta ° Ti min fi +�r f�ttktt at�at 4aw; Arl_7r1C" r\ +ort w 9 arACiinn I-Qr -v i tePWj d iR r �� ce vr+t4 '912 'Te€ t rt +ve�?a{se4 Te ,a ► re rar maps }, , # (ierisiDr +k i }- fin" t4#- a findr n g i inGR -Which the- +deli +s a -{ baysed -T4 C&unci4- y rt�,� } � a�+e� -fet a vest4 -t tats -er V$�tfnq'tentahve4FaGt man' sari +h ,.r iarit the--Gf ;6 i 6,--6uppeF4ed by the f0nrii s- required by-the # 3iF GiGn -Map Act and -by -by -this- e- na;-Yi4Wfi5 of Appfloyal PAP P I or ve-Eting'tRTTtative4f := map, the G-P prii may ese 4 ►n6iWwde ed -€�e #ae appro�+ai�nr +l4 ��,6 ,R Ii. 1gG_P_ , ♦♦ ith the tt gs fe a+ by ° ms s -04d Bes+6+6f+ Th-P CGURG0 r ii+r�-as a Y4k3'P-Gf 416 •aisnrniraI' ihGt 1 JM�t'i��-t4 e-�P €a41'd vo4o o€�t e i ;:eq 61i Fed 1G be ld- Made at t#e'{ate twat tlae ttee-af pe � -- �- est,A{r;a4- Prosedofes 4-- Appea4s, -T-d unoiWe4i4 2....T+rne .,� .,�,,,.,� Times ,s, # ar+s may lee {a€Aed-iR- GO F SpliaRoe #- 944.44T01e xt+e+ar+s }.after- 3rest'restf te+tat r w4hin rrrthe estab4ished' lime frame, vz anda tjFne extenri^^ 1s -r�4ranted ;'the- vact+ng t +tatjVepase4.,r�ivii }an*W50v F, 4a443-0 deeMed tG h2Ve eXpiR . gc Rights of a Vesting Tentative Map 1. Subject to the time limits established by Section 9323 of this Code-. The'the. approval or conditional approval of a vesting pawl -map cr ++esti€�g- tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards as described in Section 66474.2 of the Subdivision Map Act_. However, if Section 66474.2 is repealed, the approval of a vest ng tentative parse! of vest+ne�e map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative parc�eR or veet+€ -tepi :;A map is approved or conditionally approved. 2. A permit, approval, extension, or entitlement sought after approval of a vesting tentative fr.,r•} rRap ,.r „e 4efdgIiYe paf ' map may be conditioned or denied if any of the following are determined: 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 .s required to comply with state or federal law. 3. The rghts referred to herein shall expire if a final map is not approved prior to the expira-L on of the vesting tentative parselOF tentaliVe 11R11Gt -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 parcel map of map. When several final maps are recorded on various phases of a project covered by a single vesting tentative pareel ewe ative4fast-map, 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 paMO Fnap&er-a4 -tmaps must be recorded within the time period set forth in Section 93247h -33f, (a'*^ & P( Approval Procedures) or the vesting tentative pa; cal er- vastiR� t en#a live -k map approval shall expire for those parcels for which final pa;c4a4 mapiB e ar is maps are not timely recorded. (b) The one (1) year initial time period shall be automatically extended by any time used for processing a complete application for a grading permit or for design review, if the time used by the City to process the application exceeds thAy� A}30 calend..�r days from the date that a complete application is filed. _&t_ time prior to the eiration of the qne L1JX ear initial time period, the subdivider may apply for a one wear �� extension. The Director shall ap ro_v_e, conditionally ap -rove or deny, the request. The subdivider may appeal the decision of the Director. if filed with the City_Clerk_ within 15 calendar days of the date of the action. (c) If the subdivider submits a complete application for a building permit prior to the expiration of the vesting tentative Uast map Vesling WRtat4ve map, he rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. 4. An approved vesting tentative map shall not I mit the City from imposing reasonable conditions on subsequent required approvals or permits necessary for the development in accordance with subdivision (g'; (2) of this section. 9325 FINAL MAPS a Purpose The purpose of this section is to provide for the submittal and processing of final pa€ce4 and final track maps in compliance with Subdivision Map Act and the Subdivision Code. b App4+cab+Ily and ExGep4aps Rec�uirements An application for a final parcel trmap may be filed with the Department in compliance with 9321.c (Application Filing and Fees). The final parcel -or Anal trapt map shall be prepared in a manner acceptable to the City Engineer and "[- lee prep -by a- fegiste �'1V4 ear li sed su yer_. e_fiia:,l reap -s4a44 be4egiibly d awn,- printed -er produced -a Ordinance No. 1430 Exhibit 1 Page 26 Pro-r,ess -gua r4mgPPH ase4il€n a€d-shall contain the information identified in the Professional Land Surveyor's Act Subdivision Map Act the Subdivision. Code, and the City's Subdivision Manual, unless waived by the Gity Ef +neefDirector. in add Oie -p4an-submMal,ihe-appfGved-vew4en-"I Fnal map 6 ail hr { j inter e6talifth"4he— Efigineeri�9;<i .. J;e GAy FngiFiee� -� J �J 4�ha pu" $tthB iri-ad&ieri7fFinal paiFG6 9F4igal r-ac' map submittals shall be accompanied by the following data and reports. The Director. City Engineer or City Attorney may also require additonal materials, exhibits, data or information as deemed necessary to accomplish the purposes of the Subdivision Map Act-and4he: Subdivision Code, and Subdivision Manual. Final map applications shall be determined to be complete by the Fulift, -Uepairtm entUrector only when the following actions have been completed: 1. Applications Forms. All necessary application forms, materials and exhibits identified in the City's Subdivision Manual including a_formal "Owner's Consent" form aeestablished 444e PubliG nr OePa mare accepted by.the_ Department as adequat q lete; 2. Improvement Plans. The subdivider has either completed the required improvements, or entered into an agreement with the Cif committing to do the reouired_improvements seas required by Section 9332 (Improvements) of this code and by conditions of the tentative ree4 - malo-ar ; 3. Title Report. A-The subdivider has submitted a certificate of title, a policy of title insurance, o_r title guarantee Eetle Fepert- issued_ by a title company authorized by the laws of the State to write the same._showing the names of all persons having any record title interest in the land to be subdivided..to� ether with the nature of their regective interests therein legal Gwseffi and --y esGumbrancee and easeirnes accepted as adequate by the City Enginee ;Department. Said title report shall be current within three (3) weeks of the submittal of the final map and br updated every ygar unless otherwise requested b� the Director Vii: from the date of the original submittal until final action on the application is taken; 4. Survey. Final Maps shall be based on a field survey in conformity with the Professional Land Surveyor's Act. The survey of the land to be subdivided shall be made by a registered civil engineer authorized to practice land surveying or licensed land . surveyor - All monuments, property lines, centerlines of streets alleys and easements adioini or within the subdivision shall be tied into the survey._ The allowable error of.closure on any portion of. the .final map shall not exceed 1119,000 for field closures and 1120.000 for calculated closures. At the time of making the survey for the .final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 8771 of the Business and Professions Code so that another engineer or surveyor may readies retrace the survey. At least one 1 exterior boundary line shall be monumented prior to recording the final map. Other monuments shall be set prior to recording as reauir q by the City Engineer. Ordinance No. 1430 Exhibit 1 Page 27 45. Tax Certificate. A-The subdivider has submitted a certificate from the County Tax Collector stating that all taxes or si}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_assessm,_. which are a lien but not yet payable has been fled with the County; S -G.Cee 1s kfDedications and Easements a All dedications or easements have been made by on the final map unless use of a separate instrument for such dedication has been approved .bthe City lErCiager. _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 pr�vate property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the facility have been accepted as adequate; Traverse Closures. Traverse closures for the boundary blocks, lots, easements, street centerlines and monument lines have been accepted as adequate, :7�8. _Governing Documents. For a common interest development within the meaning of Sections 1350 et seq. of the State Civil Code, conditions and restrictions containing the provisions described in Section 1353 of the Civil Code, and all other governing documents for the subdivision as are appropriate pursuant to Section 1363 of the Civil Code have been provided. All subdivisions other than a common interest development shall include any Declaration of Covenants, Conditions and Restrictions proposed in connection therewith. All documents shall be subject to review and approval by the Director of Community Development and City Attorney; Guarantee of Title. A guarantee of title, in a form acceptable to the City Attorney, has been issued by a competent title company to and for the benefit and protection of the City, which shall be maintained complete up to the instant of recording of the final map, guaranteeing that the names of all persons who consent is necessary to pass a clear title to the land being subdivided and all public easements being offered for dedications, and all acknowledgements thereto, appear on the proper certificates and are correctly shown on the map, both as to consents as to the making thereof and affidavits of dedication where necessary; 9-10. Improvement Agreement. In the event sewer, water, drainage, grading, paving, or other required improvements have noL been completed prior to the presentation of the final map, an agreement has been filed for the improvement thereof and accepted as adequate; i , rnor to recordation of a final map, street names shall be identified and awcrov_ed by the Director in accordance with the Subdivision Manual, 12. In addition . to the normal full size plan submittal the aViDroved version of all final maps shall be submitted in computer aided. design and drafting fCADD) format consistent with CADD conventions and guidelines established by the City_En neer, 443-13_ Liability Agreement and Insurance. A hold - harmless agreement obligating the subdivider to hold the City and its officers, agents and employees harmless from any Ordinance No. 1430 Exhibit 1 Page Z$ 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 cert }ficate of insurance reporting to the City the amount of insurance the subdivider carries for the subdividers' own liability for damages or claims for damages for personal injury or death to any person, and for injury to property which arise from the operations of the subdivider or subcontractors in connection with the subdivision naming the City as an additional insured has been filed and accepted by the City. The agreement and certificate required by this subsection shall be subject to prior review and approval by the City Engineer and City Attorney; 44-14. Fees and Deposits. All fees and /or deposits have been submitted and accepted; and 42-.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 paicselar teptatilee V:: map may be filed prior to the expi ration 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 fnal maps may only be filed with the concurrence of the Director. The right of the subdivider to file multiple final maps shall not Lmit 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 'kpproy Each application shall be analyzed by the Department to ensure that the application is consistent with the purpose and intent of the Subdivision Map Act,_ the Subdivision Code, the Subdivision Manual. and any conditions of ayyro�al of the tentative map. Upon determination of a complete final par or- artma er►t Gepa4ment 6hallfiplurnm he natter -to the Co nci The OounGil the Director shall take ie - approve- aweve w4h- erg s or deny IiLsappLove the final t map within the time frames established by the Subdivision Map Act. The Cencii Director shall record its -the decision in writing with the findings upon which the decision is basec�T a e+ ri Ba�app'r a *e 4,81 Fn p f e -City ev e tenta ive-pw+ lair ieMatiye ir.ini -Fnap far the PT°F - y ern aFid if !h i'*n......:1 An a- ,proval _shall be based up .on a finding#++ s that the final map is insubstantial compliance with Ordinance No. 1430 Exhibit Z Page 29 the requirements of the Subdivision Map Act, the Subdivision Code, the tentative parGe! a kmtat4v&#auI map and all conditions thereof. f- — 4;oMitionr, of-App rb. — ff4h,G-Coi4nc4 ap pFGves haln conjunction with Director approval of a final map, 4-the City Engineer shall also -have the authority to accept, accept subject to improvement, or reject any offer of dedication. The Gity Cierlc-s"ial1 GeF1ify ^n 4he GounGil,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 EounsilCity Engineer, the offer of dedication shall remain open and the C City Engineer may by re6e4ulep adepted at any later date, and without further action by the subdivider, rescind its-the action and accept and open the streets, paths, alleys, rights.-of- way for local transit facilities, or storm drainage easements, which acceptance shall be recorded in the office of the County Recorder. The City Engineer may -is also authorized to_accept any dedications lying out :tide the subdivision boundary which requires a separate grant deed. The acceptance shall be recorded in the office of the County Recorder. Post Approval Procedures 1. City Engineer Signature. The subdivider shall submit to the City Engineer the original trAr - of and any duplicates per County requirements, corrected to its final form and signed by all parties required to execute the certificates on the map. Original signatures shall appear on the original drawing and on the blueline dupl cate. Upon receipt of all required certificates and submittals, the City Engineer shall sign the appropriate certificates and transmit the original map to the _juntyE.;order. 2. Filing with the County Recorder. Upon approval of the final map by the -a4R 4Director, and signature by the City Engineer, the Qty 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. er recordation of the fins. mag, the subdivider shall forward one electronic copy in F F {portable document format} of the recorded final map to the City Engineer. ' ; J I equi red AP Au�urate anri rn�,m rile a eiy ef`-;the I� ki d s -be 6i�l�d tdfl I t f l.el anrlr'�rl rr�cnirmn�� t�4h i t ,.,} t1 }q yFyey lnrl sir �I.+rt ., Ere iand'$iiryeyoi:. All ${�t$ ryEpn�rial Sinn r' "••#it fi#fie�FA t81 alleys d t7 eaSeR;12 tg the su ivisiGR 0 a#i -tom 4n thR A P Lay - - The a4In, le error of desu{e Gn A -map s g_Rnt 110�nnn p fop 6 G4GG -res and - V20.01;G for GalouWed 0AF -rees, 41 that e-of maiEinn 4urvey TkJY- a fin. map, 4TfG-e{ 4nirceer Ar rcwveYGF'bi'F'd'4set 8� yip d, I a # i9u�66r rf€�-4hfgh bhp -i4np 6-deFETFih -ed } ti4);,P-9urb Ar6 f ri& a$ 6 B� k?n4 a#F6 h$�6r1giReel a;_8 yer-m- y readilyt � 6 ey -nt lo- v - {-1} exte'r� r l+ne shaltlae -mnn, me -pr+ekI e! rarord+r -th° fTTI. I� n;'I ap -Oth4T ` 4.be -E et pi;iof je FE"f-.jjgg a Feq IIrri J� }may } ect�r --iof- p lict +n om r �f SF Ordinance No. 1430 Exhibit Z Page 30 9326 REVERSION TO ACREAGE' a Purpose The purpose of this section is to provide for the submittal and processing of subdivided property reverted to acreage pursuant to the provisions ek, t et aeq. of the Subdivision Map Act -and, the Subdivision Code and the Subdivision Manual. This section shall apply to final pamel �anri f pa$ trail maps. -- _ _ -- Subdivisions may also be merged and resubdivided without reverting to acreage pursuant to Section 66499.20- 1/2 of the Subdivision Map Act and the Subdivision Code. b Initiation of Proceedings -' ..Proceedings to revert subdivided property to acreage may be initiated by resolution of the CitvCouncil or with the submission of a formal Vie# application by all of the owners of record of the property. The petitiep 04a - #e-+n- a -few+-p sG4k+ ed- dy,-�t}he- } 4.{ �n .7--F �YFCYY ciao 11 rnni -iin ihte in fnrm A FinR Feq U 0 Fe44�s.1_ }� i an- +at- and-any ether infermakig- deemed. rferessa e Giit`Y ER0LReK t„ ;nisi ,tad G9RdUGt !he FG9,88di g-&- The Qity Y',,. , or on 45 owfi metiDn4- ay—, bVe r6i „t ifiit ate jareceed ter rtertpi:Gpefty to aGFe age The Y'ity Gai i ,Gii- rnay- 6reathe-0 ;y i nq� R�r4e-G ta+n 14e.neceu6a4 + +n#er€eatie► ty +r it+at�endee em nrGGee iRg� ReYe� nr W 2GFe A ge FR aY i5a �y t4e-Cel +l-in-comp4aFice ilW 41-W21 .b (Auth6rdy fef S1a#d+ +s r Des+s+en,, it# a rye C Coft"ts of Pt+ti),nArplicability and Requirements A_complete application shall be submitted to the Department that shall contain the information required by the City's Subdivision Manual and any other information deemed necessary by the Director or City Engineer to initiate and conduct the. _proceedings._” to of f- infefmatioici %e uj%d by the f ity. -e nebinn s4ta rn iq in 'ai=�Pafii by1 t fiet de- life+ted- #��k�feil�win�; F' ! _... Evidefi Ito the -reFope4yl 2.-- X lea6t - one -02� t#e 1 11a (a) -E den he rnnconF of -i11 of thP 9409 rsrr At irl FOaf epFOyp Y1 (b) EYjdeRr0 th at RG.Rte {Of�il,-,e R9 FGVe p�yy��rtfk�t�' made have en-�r e Ywithin- two"(2-) -yeaf: piam -4he �iyy-a/Fyra�+ythe fib 'yn-e�l+'�n'rir- ^j'n- Srre/a{1ry �Srap sUe fG 47c:'C � d,W 0. S■o. th lA the t0.me +a I I r1wed -by -ag CprneT Tt for rompWioTn- of- the- impf4Gvements. 51J4 iGheYeF to . VT ITITQQ ` eAr's- t;k�n�r, GwF; An Ngem fin-s1 nr n -areal ;ap L5�_ . ��) Sri fmmthe date such fif4 ef- pwcel4na"ar, filed fepr rmeGe ri} .1 A -fiaaJ par �e;--fi"Hrast foap-if} t# a #erff} ed - }wi #� that', r- .melt , }in p y 9325 ICin•al Maps) and whinh delineate �6C�1 �#$ !}i;�}'Wj4 -fjet iae-vasated-and Ordinance No. 1430 Exhibit 1 Page 31 ded+catioas y y *i v s+o —F�le'er €i � Shall be S I $ i e54 f�at6 'w4hmthemWe, -`Tie P irnnra of N6 Map io a o,,...,MiOn t i. d S +tt F#a +tior} to- the -City Engir+eefApplication.Processin An-A complete application for a reversion to acreage shall be scheduled for a public hearing before the Council fallowin rg ceipt of a recommendation on the matter by the Planni Commissiona4er-4he-C,R4 . Noticing of the public hearing will be given in compliance with 9321.f- g,(Public Hearings). e Findings and Dec lion The Council shall record its decision in writ,ng with the findings upon which the decision is based. The Council may approve the reversion to acreage, with or without cond ;tons, supported by the Endings required by Secion 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 1. City Engineer Signature. The subd,vnder shall submit to the City Engineer the original tracing of the map and any duplicates per County requirements, corrected to it� 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 (Find -ngs and Decision) must be returned. 2. Filing with the County Recorder. Upon approval of the final map by the Council, and signature by the Cizy 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 MERGE. RS a Purpose The purpose of this section is to provide for the submittal and processing of a complete application parcels to be merged in accordance with the Subdivision Map Act, and-the Subdivision Code, and the City's Subdivision Manual. b Appl,cability Except as provided in Section 66451.11U (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 Subdivi5�.,l� �Ude,�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 { tructure other than an accessory structure which is also partially sated on a contiguous parcel or unit of land. 2. With respect to any affected parcel or un,t 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 t: me of its creation; (c) The parcel does not meet current standards for sewage disposal and domesL'ic water supply; (d) The parcel does not meet slope stabil.ty 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 ha.-ards; or, (g) The parcel is inconsistent with the General Plan,_coning Code, and any applicable speck 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 s recorded in compliance with 9327. (Notice of Intention to Determine Status). Subsection 2 shall Ordinance No. 1430 Exh-bit 1 Page 33 not apply if any of the conditions stated in Section 66451.1 1(b)(AY-(B), p) throe h Ej of the Subdivision Map Act exist. c Parcel Mergers Initiate city G1. Notice of Intention to Determine Status Prior to recording a notice of merger, a notice of intention to determine status shall be prepared by the Director and delivered to the current owner of record by certified mails unless the. requirement for notice has been waiva:d b the ownerpuursuant to 9327b3. The notice shall state that the affected parcels or units of land may be merged pursuant to the Subdivision Code and that, within thirty (30) calendar.days from the date the notice of intention was recorded, the owner may request a hearing before the Planning Commission to present evidence that the property does not meet the criteria for merger. The Not ce of Intention to Determine Status shall be filed w-th the County Recorder by the Director on the same day that the notice is mailed to the property owner. d2.- Hearing on Determination of Status The owner of the affected property may file a written request for con&kk rai:isa- hearing by the Planning Commission within thirty (30) calendar days after recording of the notice of intention to determine status. Upon receipt of the request, the Department shall set a time, date and place for consideration by the Planning Commission and notify the owner of such hearing by certified mail. The Planning Commission shall consider the matter within sixty (60) calendar.days following the receipt of the owner's request, or may be postponed or continued by mutual consent of the Director and the property owner. The Planning Commission shall provide the property owner with an opportunity to present any evidence that the affected property does not meet the requirements for merger specified in the Subdivision Code. After consideration of the evidence preserved, the Planning Commission shall determine whether the affected parcels are to be merged or are not to be merged and shall notify the owner F Hof the de�t#ermi nation. T#e de4e�rnjr;a `vin -of -the. P1 a nn {* rnm{ Beinn .y {�}afl #ti��1- tY.GWRe g4thi n N y��of f iai -r�e roue aa�.rr# -the. GPmmirwiPn 's"�cfiufi Determination of Merger If the Planning Commission makes a determination that the parcels are to be merged, the Director shall notify the owner in writin certified mail, and a notice of merger shall be filed with the County Recorder by the Director within thirty (30) days of the conclusion of the Commission's action, unless the decision has been appealed in comp) ante with 9327.f -e-(Appeal). The notice of merger shall specify the name of the record owner and a description of the property. The notice of merger under the Subdivision Code shall be in a form approved by the Director prior to being filed for record with the County Recorder. If the Planning Commission makes a determination that the parcels shall not be merged, a release of the notice of intention to determine status shall be filed with the County Recorder by the Director within thirty (30) , , lendar. days after the Commission's Ordinance No. 1430 Exhibit 1 Page 34 determination, less the decision has been.oppealed in compliance with 9327.e (Appeal). and a clearance letter shall be delivered to the owner by certified mail. The deG4eF�-ei< the es ae-appeai is f 4e(j n GGMPIi8AG-A 10th P32 A (fie 6i1+)+p -ef a{apmyal, 1& appeaa cit- g4. Determination When No Hearing is Requested If the owner does not file a request for a hearing )ursuant to 9327b3 ilhip *i y (30 days-after-the {eGGJPdinn „f the no mtefi icq:} Fo detc ine 5 {iii! Ai, the Director fliaya at any lime t ereafterjsLhall make a determination that the parcels are or are not to be merged. If they are to be merged, a notice of merger shall be filed, unless the decision has been appealed in co[riiance with 9327.e tAppeawith the County Recorder by the Director within ninety (90) calendar days after the mailing of the notice of intention to determine status in compliance with 9327c1 (Notice of Intention to Determine Status). hd "Yest4G AAwgeParcel Mercaers Initiated by the Property Owner If the merger of contiguous parcels or units of land is initiated by the record owner, the owner may waive in writing the right for consideration by the Planning Commission and to all notices required by the Subdivision Code. Upon receipt of such waiver, the Director shall make a that the oarcels are or are not to be merged. If they are to be mecga d. the Director shall simultaneously file with the County Recorder a notice of intention to determine status, the waiver of right of hearing and notice, and a notice of merger. e Aopeal The decision of the Director or Planning Commission shall be considered final unless an appeal is filed in com liance. with 921 h rrAogeals). 9328 CORRECTION AND AMENDMENT OF MAPS a Tentative Name or Wawe -mac` Maps Pr or to final tract r -fthaE r map approval, the City or the subdivider may request mina amendments to the approved tentative parGel &F tentative .4a map, including vesting tentative maps, or conditions of approval The Director shall determine . whether a Proposed amendment is a substantial or a minor amendment. 1. Substantial Changes Pr osed to an A roved Tentative Ma Substantial changes proposed to an approved tentative map shall only be-permitted ukon -the filing and responsible- decision maker approval of a new tentative map,, as specified in the Subdivision Mato Act, and the Subdivision Code. 2- Changes in Conditions of Approval, Minor Corrections, and Amendments to an Ap roved Tentative May Ordinance No. 1430 Exhibit 1 Page 35 Changes in conditions of a roval and min *orrections_and amendments to an apoved tentative mar) may be approved by the ©irector upon +hc filing of an application and paying applicable fees, as established by Counc.I resolution_ th subdivid or on owe 'eve .. ; ^tee provided that: 4-a. No lots, units, or building sites or structures are added: The changes are consistent with the intent and spirit of the original tentative map approval; and 3-c. There are no resulting violations of the Tustin General Plan, Zoning Code, and applicable Specific Plan, the Subdivision Code, or the Subd :vision Map Act. The aMe€4(me I 1�4�& tewa iive p; r e# ef. legiali maP -arid se4ified- hY the BiFecteF. Asnend &NG -te the -tent +e pa ceel�&rfentaove tor- �i +t+e,€y� }s of +�api�arak w#ieh -ice t#ep eft y� mirHDi:, cisa be r�rn nted tt�#� eiEiien[m - body '}or'4=ns}de Pfe GAS ssi -ef aMeRdMeRt& shall -de-saMe A6, 049ieatly pr0cAwsed -fey app4r,ah I P sw hd Fwsion type ^r ed amendmeRt A correction or amendment of a main shall be indicated on the tentati_v_e map. An approval of a request for minor corrections and amendments shall not alter the expiration date of the tentative paFeel or -kaet -map unless an application for extension is- concurrently ap rp oved. b Final n4apsMaps 1. After a final t;aGt or parcAO map's filed in the office of the County Recorder, it th. a map may-be amended by a certificate of correction or an amending map_ker the purpeses spec+fie d of th° +vision Map AcI.for any of ie following Purposes: (a) To correct an error in any course or distance shown thereon; or b To show . any course or distance that was omitted there from; or c To correct an error in the description of the real_ property shown on the map; or WLTo indicate monuments set after the death.-disability, retirement from practice or replace ent of the engineer or surveyor charged with responsibilities for setting monuments; or (e) To show the orooer location or character of any monument which has been changed in location or character, or.originall� was shown at the wrong location or incorrectly as to its character; or (f) To correct any additional information filed or recorded pursuant to Section 66434 -2 of the Subdivision Mao Act if the correction . does not impose an y additional burden on the oresent fee owners of the realwroperty and does not.alter any right,- title, or interest in the real property reflected on the recorded map; or To correct any other type of mall error or omission as approved by the County Surveyor or City Engineer that does not affect any property right,_includino, but not Ordinance No. 1430 Exhibit 1 Page 36 limited to, lot numbers, acreage, street names, and identification of adiacent record reaps: As -used herein. "error does not include changes in_ courses or distances from which an error is not ascertainable from the data shown on the final map: or (h) To modify conditions of approval if the Director finds that: There are_chanues in circumstances which make any_ or all of the conditions of such are no Ion er_ appropriate or.necess@ .(2) The mod.ificatio_ns . do not impose any additional burden on the present fee owner of the property (3) The modifications do not alter any dght, title or interest in the real property reflected on the recorded map: and 0). The, map as modified conforms to the required findings of approval specified in Section 9323c of this code. C. In •ir1 i #irtn W the pFoyiejena of rgay-t arnwwed- by se +f162 e ehanges e rand 14 e &f � do rot -im - any a e13egt $&& 1A+ and if the medifica0ess do �±t - H Y- fight -tit e�-on the recede and !hat !he map -cerf 7- he-� t +vi"n '., t= 2. The amending map or certificate or-of correction shall be prepared by a registered civil engineer or licensed land surveyor. The form and contents of the amending map shall conform to the requirements of the Subdivision -Maw Ai subdivision Code, and the City's Subdivision Manual. The amending map or certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction-on the date of the filing or recording of the original recorded map. The City Engineer shall examine the amending map or certificate of correction within twenty (20) working days of submittal for compliance with the provisions of the Subdivision Ma Act, Subdivision Code, and the City's Subdivision Manual and shall either certify i and file it with the office of the County._Recorder or return it with a written statement of the changes necess@U to make it conform to the requirements of the Subdivision Map Act, Subdivision Code, or the City's. Subdivision Manual. If the resubmitted corrections are approved, the City Engineer shall have ten 0Q working days to present it to the Country Recorder for recordation. 3. Modifications made pursuant to Section 9328b1(h) th +s lasesti -shall be set for public hearing before the Ge,44incit-resiDonsible decision maker consistent with the noticing provisions of 9321.` -^ (Public Hearings). The hearing by the CGun ;4- Egsconsible decision maker shall be confined to consideration of, and action on, the proposed modification. Modifications identified in Section. 9328b1(a) through (g), shall be reviewed and certified by the City Engineer. 4. Upon filing cf the amending map or certificate of correction ceO by the City Engineer he pie of4 e e sing, the County Recorder shall index the names of the fee owners and the appropriate subdivision designation shown on the amend.ng 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 C rculation Element of the General Plan and to the extent permitted by Law, the subdivider may be required, as a condition of approval of a tentative map, to dedicate or make an irrevocable offer of dedication of iaR-d wiftln the subdiyi noed €o{ real roe both on and off site r uired 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. Improvement.y 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 ded cation 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 ics 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 wh ch 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 tide. d Parkland Dedication To implement the Conservation /Open Space /Recreation Element of the General Plan which contains polices and standards for parks and recreational facilities, the subdivider shall dedicate land or pay a fee in lieu thereof, or a combination of both, at the option of the City except as otherwise provided in Government Code Section 66477(8 , for the purpose of developing new or rehabilitating exist ng neighborhood or community parka 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) Condomin,um 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 hand capped citizen occupants. 2. Standards and formula for land dedication: (a) The public interest, convenience, health, welfare, and safety require that three (1) 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 n accordance with the appropriate density classif cation in the following table: Dwelling Unira Per Gross Acre Average Persons R r Dwellina Unit 0 -7 3.2,539 7.1 -15 2.7385 15.1 -25 2.4524 Msbiieher►eMobile home 2.4524 Parks Source; Tustin General Plan Land Use Element as amended Parkland Acres Per Dwelling Unit AIMQs M. 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 w6h Government Code Section 65450 et Ordinance No. 1430 Exhibit 1 Page 39 seq., Disposition and Development Agreement in compliance with Cal fornia 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's 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 (AAIAMAI) appraiser acceptable to the City and at the expense of the develeWsubdivider; 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 tentat ve -map for which the fees are required. If more than one (1) year elapses between the apprasal and recording of the final map, the City will requ re that a new appraisal be prepared at the expense of the deYelopersubdLvLder. For purposes of this sect on, 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 l�fkIFHH �iss+eiresp siole decision maker. For subdivisions in excess of fifty (50) parcels, the Ranning GomfWsr4mres%)onsible decision mak. 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 f fty (50) dwelling units, regardless of the number of parcels. 4. Combination of dedication and fees Whenever the requirements of th.s 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 is -d.2, and subtracting the amount of parkland actually provided. The remainder shall be converted to "fee" on a per unit basis in accordance with the provisions of subsection Ordinance No. 1430 Exhibit 1 Page 40 5. Credit for private open space Where private open 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 Germ*4ss+enresponsible 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 retreat onal purposes by recorded covenants which run with the land in favor of the future owners of property within the trasubdivision and which cannot be defeated or eliminated without the consent of the Ceilresponsible decision (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 pr -vate open space land; (e) The facilities proposed for the open space are in substantial accordance with the provision of the Recreational E lemenL of the General Plan, and are approved by the Pianr4iinq r + +isste r t eenciIresponsible decision maker; (fl 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 resident 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 deckq, lawned area, bathhouses, or other facilities developed and used exclusively for swimming and diving and consisting of no less than fifteen (15) square feet oi' water surface area for each three (3) percent of the population of the subdivisron 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) "Recreaton buildings and facilities" wh :ch means facilities designed and primarily used for the recreational needs of residents of the development. Partial cred,t 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 Planning 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 requred 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 provided in SWic V321,g- (Appeals) The decision of the City Council is 6. Credit for public park and recreational fac:l'ty improvements. (a) A subdivider may elect to provide improvements to land dedicated for public park or recreational use when a combnation of fees and dedications are required. The pl- w* ;q cem ienresponsible.decisioi, P, igmvi 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 recreaton facilities whether dedicated to the pubLc 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 fling a tentative map for approval, the subdivider of the property shall, as a part of such filing, indicate whether the subdivider desires to dedicate property for park and recreational purposes, improve the parkland, pay a fee in lieu thereof or a combination of the foregoing. If the subdivider desires to dedicate land for this purpose, the subd vider shall designate the area thereof in the tentative IrarA map as submitted. (2) At the time of the tentative tfaGt -map approval, the PlanRiRg Commis;;Jef+responsible decision maker shall determine as a part of such approval, whether to require a dedication of land within the subd,vision, payment of a fee in lieu thereof, accept improvement, or a combination of such methods. (3) Where dedication is required, it shall be accomplished in accordance with the provision of the Subdivision Map Act�Subdivision Code, and Subdivision Manual. Where fees are required, the same shall be deposited with the City prior to the approval of the final tmG of f -map. Open space covenants for private park or recreational faciLties shall be submitted to the City prior to approval of the final try ,t map and shall be recorded contemporaneously with the final map. Ordinance No. 1430 Exh b' t 1 Page 42 (b) Determination. When land is proposed to be dedicated, the Commissionresponsible decisio 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_ asrpr ed in Sert" 5324- 9-(Appea s r i:o�.q ed that 0 .+ In no event, may the dedications, amount of fees or value of improvements exceed the subdivrder'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 detsrmr Ci!y Council is final. B. Responsibilities and Enforcement (a) It is the responsibility of each property owner who proposes to create residential building sites to provide an equ table 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 fnal tfact -maps, d#visaen of -lam and conditional use permits. (b) It is the duty of the Director of Commu y SepAoe 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 GmFnuF;ity 4o Parks and Recreation shall prepare a schedule for approval by the - City Council, specifying how and when it will use the land or fees, or both, to develop park and recreation facilitieE.. Fees shall be committteijd�within five (5) years of� collection. (e) A i .�C'dYF�"Free%fl be- -pisiH-poof tore ;g the Tina 1 Map.-Y`VI;&R 2FF?${} t City PAOF An required in lie fees for residential development shall be ipaid on the date of final inspection or certificate of occupancy, whichever occurs first._ The City may reguire_fees to be paid at the time of building Feri ii issuance for non - residential_ development and on residential development other than low income housing described in Government Code section 6600b }(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 City has adopted a proposed construction schedule or to reimburse itself for funds already spent on the improvement; 9. Limitation of use of land and fees. The land and fees received under thi: section shall be used only for the purpose of providing park and recreational facilities to serve the area from which rece ved, and the location of the land and amount of fees shall bear a reasonable relationship to the use of the park and recreational fac I ties by the future mhabitants 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 subd!vider 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, recrea-L,onal facility, fire staton, library, or other public use is shown on the General Plan or an adopted specific plan, the subdivider may be requ <red by the City to reserve sites as so determined by the City in accordance w0h the policies and standards contained in the General Plan or the adopted specific plan. The reserved area must be of such sp-,e and shape as to permit the balance of the property within which the reservation s located to develop m an orderly and efficient manner. The amount of land to be reserved shall not make development of the �emaining land held by the subdiv,der economically. nfeasible. 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-er-psrcei mar: -., enter into a bind ng agreement to acqu re such reserved area within two (2) years after the completion and acceptance of all improvements, unless the period of time s extended by .q.uirgct.or. uuoi 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 beneriit 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 fords that transit services are or will, within a reasonable time period, be made available to the subdivision. The irrevocable offer may be terminated as prov subdivisions_(,c )_and (d)- of Section, 6647Z.2 of the Subdivision Map Act. ap+pF Only the payment of fees in lieu of the dedication of land may be required in subdivisions that consist of the subdivision of airspace in existing_ buildings 49-into condominium projects, or-stock cooperativ s�or com_munitylpartment {projects, as those terms are defined.. ;n Section 1351 of the Civil Code w-J;ioh GoFpsisi # -five years -etd whe n Fio<new dwe#l44y unite - �. 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 issu:ng 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 cant' through traffic and provide a network connecting to the state highway system. 3. Payment of Fees Generally (a) Prior to fil.ng 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 construct ng 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 th s 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) Notwithstand.ng 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 addit on 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 recom.truction 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 appl cation by the subd,vider or appl,cant for a building permit, the City Counc I 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 vague equal to or greater than the fee; and provided further that the substitute consideration is in a form acceptable to the City Council. 5. Public Hearing. 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 X4.0665091 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 (112) 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 i#9�pi California Building Code. (b) The following accessory buildings and structure:: private garages, children's playhouses, radio and television receiving antennas, windmills, silos, tank houses, Ord nance No. 1430 F xhibit 1 Page 46 shops, barns, coops and other buildings which are accessory to one (1) family or two (2) family dwellings. B. 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 faclity or major thoroughfare or against the extent of the area to be benefited 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 ( 112) of the area of the property to be benefitted by the improvement, and suffic,ent protests are not withdrawn so as to reduce the area represented to less than one -half ( 112) of that to be benefitted, then the proposed proceedings shall be abandoned, unless by a four -fifths vote of all the members of the jty the rLootgst_shall be overruled, and the City Council shall not, for one (1) year from the filing of that written protest, commence or carry on any proceedings for the same improvement, or that portion thereof so protested against, under the provisions of th',s section. h Supplemental Improvement Capacity 1. 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 =4 of such improvements equal to the difference between the amount ?t 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 Irmited 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 nterest thereon, if any, paid to the subdivider. Ordinance No. 1430 Exh; bit 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 wrath the provisions of Government Code Section 65091 and the City Couna I 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] j Solar Access Easements [Reserved] k Interim C6as-&Fe - School Facilities I. Authority, Purpose and Intent (a) This section is enacted pursuant to the authoriry of Section 65970 et seq. of the Government Code for the purpose of providing intenm school facilities to alleviate conditions of overcrowding caused by new residential development. Tt&JC#V,GGume s. IAP;AA. SntIaT (3�-4 -is oeGe6sa d be,availa FFI $ri#�4 GI2f68r�IFtl `IDr�1�Hf $�i•R i�r,rrl�r H,a+ 2. [Reserved] 3. Action by School Districts. The governing body of Ar affected School Distdct(s) may, from time to time, adopt a d Fa Uen ef 0 mip stnotice of f nci ngs and file the same with the City Clerk for consideration by the City Council that makes both of the following wing findings supcorted by clear and convincing evidence:- a That conditions of overcrowding exist in one or more attendance areas within the district which will impair the normal functioning of educational programs including the reason for the existence of those conditions. M That all reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible method for reducing those conditions exists. Ordinance No. 1430 Exhibit 1 Page 48 The notice of findings shall specify the mitigation_ measures considered by the school district_ including a completed application to the Office of Public School Construction for pLeliminaN determination of eligibility under the Leroy F.Greene State School Building Lease - Purchase Law of 1976, and include a schedule for land use of fees regu_ #red by Section 65976 of the Government Code. 4. Action by City Council. The notice of findings erg and the schedule for land use of fees shall be made available to the public for 60 calendar days after the date of receipt by the CityKKlu#ed by Seuion 6EQ76 of ti4e Gevefnrvi-ef CA 6,-. Following the completion of the blic review period but not later than 150 calendar days of the receipt of the notice of findings and schedule for land use of fees�the City Council sham, if It Goncmrz either concur or not concur, or may extend the period to concur or not to concur for one 30-day period. Failure to act within the prescribed_ time Period shall not be deemed as an act of City Council concurrence in the notice of findi s. If it concurs in the notice of findir2gs, the City Council..shall not approve an ordinance rezoning propedy to a residential use.-grant a discretionary permit for residential use ,_or, approve a tentative subdivision man for reside_ ntial purposesunless_the City Council makes one of the following finding{_s� j t impact, Mthheld apprr vas of, nr order tfi7c�a� `�r ; "W44 "he QIY wdhi ew d- appFeval f reate# the jmparAed oet 5 below - (a) (a) That there are specific�overriding fiscal economic, social, or environmental factors which in the iud!3ment.of the City.Coun_cil would the City, therebn iustif_v_ing the Wproval of a residential development- or, (b) That the dedication of land theyayment of fees in lieu thereof,. or a combination of both, for classroom and related facilities for elements or high schools are being required as a condition to thewproval of a residential development, in accordance with the provisions of Section 65974 of the Government Code. 5. - Mitig}aU W-The Gily Couosil m of appFoyal of Rewdemellopmen" ; n thOmMeAdAACe aMa Of an 4MParUt&d #1ededisalieA of land, !he �6 �ain �l8ii eQ� -y l7'47T1 biAahGA _ " VG 1a.r4 Q v FF��S�f 77t�i } }ian 44 - e!4*h$V� Y�mr me t CAde M The decision concerning whether to require the dedication of land, payment of fees of an appropriate combination shall be determined after consultation with the affected school district(s) concerning the needs of the school district(s) as they relate to the impacted school or schools. c:) The amount of any fee shall be in accordance with the provisions of Chapter 4.9 (commencing w.th Section 65995) of the Government Code, shall be prescrbed by resolution of the City Counc I, and shall be collected at the time of issuance of a building permit. Ordinance No. 1430 Exhibit 1 Page 49 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. (b) The school districts shall annually provide to the City Council the report required by Section 65978 of the Government Code. If the report has not been filed asyeg4re d there shall be a waiver of any performance of the payment of fees or the dedication of land If it is determined that overcrowdin conditions no longer exist or the period of time for the dedication of land or the payment of fees has been completed, the City( of Tustin shall cease levying any fee or requiring the dedication of any land pursuant to the Subdivision Maw Act Subdivision Code, and Subdivision Manual. 7- 6. City's Right to Disapprove Development or Require Other Fees. Nothing in this section shall be cons4rued to limit the right of the City to disapprove new residential development for any lawful reason, including, but not I mited 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. I 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 aga:nst any development project, pursuant to Section 53080 of the Government Code, in order to provide temporary and permanent facilities for school purposes. m Reimbursement to a Telephone Corporation or Cable Television System for Undergrounding or Relocation. Whenever the City imposes as a condition to its approval of a tentative map a requirement that necessitates replacing, undergrounding, or permanently or temporarily relocating existing facilities of a telephone corporation or cable television system, the subdivider shall reimburse the telephone corporation or cable television system for all costs for the replacement, undergrounding, or relocation. All of these costs shall be billed to the subdivider directly by the telephone corporation or cable television system after they are incurred, and shall include a credit for any required advance payments and for the salvage value of any facilities replaced. In no event shall the telephone corporation or cable television system be reimbursed for costs incurred in excess of the cost to replace the facilities with substantially similar facilities. In no event shall the City be obligated to pay such reimbursement. 9332 IMPROVEMENTS a General The subdivider shall construct all required improvements, both on and off -site, in accordance with the s�andard 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 E=xhibit 1 Page 50 No final map shall be preser}t i-f apprevaiapproved by the Directs 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 pror to or concurrent with the parcel map. Completion of improvements shall be in accordance with 9332.k (Completion of Improvements). 2. Frontage Improvements. The frontage of each lot shall be improved to its ultimate adopted geometric sect:on, including street structural sect:on, 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 , ystem. The storm dra n 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 Util bes Commission regulations. Undergrounding shall be required for overhead lines on either side of peripheral streets. (b) The devel 9-ersubdFVider may request that the undergrounding requirement along peripheral streets be waived. The City Engineer may, at its his or her discretion, accept a fee in lieu of the undergrounding. The amount "he fee shall detefmi Ad s MpAr and sl-�a"e_ u on a determination that the amount of the fee is based upon the reasonable estimated cost of that portion of a future undergrounding project attributable to the subdivision. The requirement for undergrounding or payment of an in -lieu fee shall be a condition of approval of the tentative map. Any failure to include said condition shall not be deemed as an act of until to waive the recuirement, except as provided in Section 9332b6(c). Ordinance No. 1430 Exhibit 1 Page 51 (c) Undergrounding requirements may be waived or modified by the City Council only upon finding: (1) The subdivision is within an area where existing utilities have not been undergrounded and that deferral will be allowed since undergrounding is impractical due to physical constraints, or the surrounding neighborhood is absent of similar improvements; and (2) Overhead utilities will have no significant visual impact. (d) If the undergrounding requ rements are waived as allowed by findings (c)(1) and (2) above, the in -lieu fee as established by the City Eng veer 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 underground ng 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. S. 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 sandards and specifications. 9. Off -Site Improvements. If the subdivider i!� 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, acqurre by negotiation or commence condemnation of the land. If the City fails to meet the one hundred twenty (120) calendar day time limit, the coed tion for the construct on shall be waived. Prior to approval of the final map, the City may require the subdivider to enter into an agreement to complete the off -site improvements at the time the City acquires title or an interest in the land. The subdivider shall pay the cost of acquiring off -site land or an interest in the land required to construct the off -site improvements. c Deferred Improvement Agreements Subdivisions of Four (4) of Less Parcels. The frontage improvements along peripheral streets may be deferred when deemed necessary by the City Engineer. When improvements are deferred. the subdivider and/or the owner of the real property shall enter into an agreement with the City, in - form acceptable to the City Engineer and City Attorney, for the installation of all frontage improvements at a time in the future specified by the G it0n the agreement. The agreement shall provide for the following: Ordinance No. 1430 Exhibit 1 Page 52 (a) Construct on of improvements shall commence wi-.hin ninety (90) calends- days of the receipt of the notice to proceed from the City and shall be completed within the time specified by Section ..j: i 04093321%. (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 subd±vider and /or owner, the subdivider and /or owner agree to pay all costs incurred by the City, .5uccessfully enforcing the obltation, including reasonable attorney's feet, and that the same shall become a part of the lien against the real property. (e) The terms "subdvider" and "owner" shall include, respectively, not only the subdivider and the present owner of the real property but also hei.rs, successors, executors, administrators and assigns thereof, it being the intent of the parties that the obligations undertaken shall run with the real property and constitute a I en against it. (f) Any other improvement security as required by Section Q310 08 9332h. (g) Any other provisions requh red by the City as reasonably necessary to efff ctuate the purposes and provisions of the Subdivision Map Act and thrs Code. The agreement shall not relieve the subdivider or owner from any other spec'fic 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 or- pamO - 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 requrrements within a reasonable time following approval of the final or- map and prior to the issuance of a permit or other grant of approval for the development of the remainder, upon findkng that fulfillment of the construction requirements is necessary for reasons of: (a) The public health and safety, or (b) The required construction is a necessary prerequisite to the orderly development of the surrounding area. Ordinance No. 1430 Exhibit 1 Page 53 d Design 1. General. The design and layout of all required improvements, both on -site and offsite, private and public. shall conform to generally accepted engineering standards, standard engineering specifications, and Subdivision Map Act and applicable provisions of this code. 2. Energy Conservation. The design of a subdivision for which a tentative map is required shall provide, to the extent feasible, for future passive or natural heating or cooling opportun t-es 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 budding and no new structures are added. For the purpose of this subsect on, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account econom c, environmental, social and technological factors. 3. Cable Television Service. The design of a subdivision for which a tentative map or parcel map is required shall provide one (1) or more City franchised cable television systems an opportunity to construct, install and mainta n, on land identified on the map as dedicated or to be dedicated to public ubl -ty use, any equipment necessary to extend cable television services to each �ebident{ �a 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 it}.('Gu; (responsible 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 draonage, 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. 1430 Exhibit 1 Page 54 be completed prior to the completion of the construction and/or occupancy of the lots. The subdivider shall be required to provide a feasible method for the maintenance of such private streets, which method shall be subject to the prior approval of the Director of Community Development Reserved strips, or non - access at the end of streets or at the boundaries of subdivisions, shall be dedicated unconditionally to the City when required by the City. f Improvement Plans eras- Improvement plans shall be prepared under the direction of and must be signed and sealed by a registered cavil engineer licensed by the State of California. Improvement plans shall include, but shall not be I mited to, A improvement required pursuant to Section 03.9332b. - =- For, °1pr +Jes -ate deta+w, leg ii; !y -40P ;W2-* 3 r- e{arodutible4mi1 t FRy1 ;:-A- b4);dw s#at4 -be madde .,n e&'h ;rRg 4QQ" at -bettaFn and -right side and-4- t e4a t side; A 1t in Pub4c_/Ucfk&4;epaAme0ERgi+ieefiegn 0 V 0 6 0 9Q TAleAlocks 4-be J -jR4he IrGWAAer rin �rl tlrr o+. eaG rFa t Y Raer R d 4:GWt -s-eha4 be u7'tt466 a ppmved- 0t4efWise-bI #a pity Ef fg +nae eta+4s ph 44rawfi to E- Ilea4y -&ews 4;e faGii4t ; ifs -G Rstr-6ct 1, -The su Jer, r vaieuz- Wi6n5 -04;e -pia Rs shal� l E#howfj- easla skeet- A -w�ma #eei-at -all Sets-Of-P446- Aj- ,Re,��r # wp„-- �aQ„�#eet�� 4ehp a 4asahie= fa Ar r-hA {, be -1 by to nt arc Ah-to t top y-eF right ed nff n tip 6h t-upIA'66 app# er- Mse-by- the-Publ;r• 54-Ark r,irn ^tAF cellar+ all_ -WL"nimum m If the P! (2) or- mere e etr,, a the. stf-ee s. 1 G eas-emeRts, r#nrrx ,era+ - index-and vi risity ,n ap srhatl be-i l rma} 10 -113+Ze plaR 6Gb A-finaWevelopmest r at- limited te,- �f „f W2Y tea{ s -reser #s of SUROL -„ P14 +YatB4ppFGve l iar f,n-,I grad��qand site - plans, shall ubrnAted to the a, hu0. - VI-P.�,� part€neyRggs9incnrinrr Qvision +n- com putef: aided d es+gn and fting -(G 94) }44�+ ,s# ser�sist it Y4tth -tbe CA 1) -0 r enyen +0.nnr +and.g el+riee ehi 0 g h Pd hV-t a EfJ94 R E ${i EWW40;�-_ The form of all plans shall conform to dal -all requirements identified in the Subdivision Manual and as may be established by the City Engineer. The final form of all plans shall be approved by the City Engineer. Ordinance No. 1430 E xh +bit 1 Page 55 ,3- Conlefft. -The 'imp- RDvemeR+ n1ap sha pianf,, -profi es nd -det;l i I r fn r P 4 PS d iMWGVeMe W -te be FOfrM FUCA ed-.- bGt h p613 1 �G a Rd iVOW-,- 49dUd+nq eeMMG areas Refef:eRGe44ay- e m-s in d90FGaUfIEj ' the- dfawif+gfr 4— entafy Rags rtey, -h y4faWjo pjanr. a dsal r, II 4aWGRs, bond I -eF o eF- �wity eFa�,��+mate& -agd -, Q444 IIG�y64atkons as'+�ay be req�. ail - - fa rtt�C -Fimprove } S -�i� '' -bTt� - RniReep 1411 Calm i'+�i� -f, ii l ie'g'41 &te q tis andr- ysl,4Fl e'�y , sae,�a'lej�d� rir� �ya+y# d-b -a-r istered- sip+ +l'e � 1'R e 4 Gep Q�}TtYrl lTSi afld T - a-fGFM ppFG ed by m , tal4p&Anl .,Vie QIy GngiReeF {�1-{eview, �Fy�' ��Jyl4ti I the ;:eyi w, nna 4 —� t G�- r Isr4 �Fy piaig8, yyr}� Squ ired remy0. in.rr ndkaled,'4 W- bef- etui {}e�e 6ubd4vAC4- S 6- .- ARn Faya1 by the i`*EYypj f. f fief -c mpletiRg4W •ri r`,'1he'ruwi i f shalt tfaMMR -the- 6r - p4aRs to - the. +ty- E�RgiReeF fat e- UpoFi -44 Rg that ARy Fequired reuisjom 4ave beefs- mad $ ;; ndfhat th e pla ;&-co form to a4 -ap{el a ity efA +AFB amts and- sefEJ+tieRS Of app al of Wqe +anI -etas a rn-en the 2:4 ys E ef-�� c,nn •ans{ ri -s +a +41a nl�sq�T C d4w�.'� Or E +R fing f- epfesen Live J e est ia�4°�T•�a#e'+f }Mars of &Jm f ed ten, }riniRA fnr '�', �I ode.- Apfo+ra4'of t#e +€vemant RCanr Chan nn+ -lie str�epF Gf the 'ga4s7el&Uf- i"elep h e R e able- televiisien ' - Anrarnya1 rby the Y'ity Engirt w' &ail'in-fie way Fe ,d ��r - *e ` � f--'Pb engi Fear ffOff}' fer�f sjbi 1`ky fnr the des4 .n n #_�# +Ig9�f8V�m�fitS and for- aqy riafigit, G.i,--& Fels I+",r frGA4 t e e"fi of ffe -any % q 61 i% d GA Iq r, c Va roval of t4e- tec4at4s map, (a) Reque l -I e'sobd4yWeffer '�Ij y �, y �,y e'd --P4af appear4KJ- nesess } 6� de64FabI A be ifi4tt4- WfjhPn fn the f kY Eng r -er the- City �ngif�eer's'a #aef+ - Fe{are tat+ve- and'sf it be aeeer€+�af �d 4r-awmngs shGwing the�-pnlpased'f- avision.I# d Ef} ineef a i4#cf�f with rha +te ri;Opp the nln +R the F-P +F g- I;ivli � fi-offics Gpps1rwGtmGR T sed not Wf-Mi eii 40--GOM FR eR 9P I I All I f:e4iee laf s #ave. been {ese+ y -the (b} I Alh irevigiori,6 are deemed Reracr Arty F,ar +ha Q4y C } ,fir t 'wtlSec' -14e p61 made- to't#e 6u led #+�,Y4ef� #R�r S aJ- PaV+se't4e plans'+r}'t#e -€ eeFiR Umvilsion Gm 'thjn t -me 8peiA +e d }ter the f ity E R g R6 er-. Ordinance No. 1430 Exhibit 1 Page 56 Then, wh wider fray' appeal_%visiGRC rcni 1i Fed4Wh-e-G#y-Er4ginLw to the Gity C; 9U RGII by filing nn aff�gal-ir{ Writing tth-te-C,4y-E-Rp IRnGr iN i+h0.n fifiin nn- 'I5� -day r, (G) - $6tr:4RGU d by the Qty {nr r.heGkj ng of w grte,'of iPzpeGfiGR aid rest- rte + +s ens to the -apprev y yby4#a -ra iv -a# j4aj rnri deperii when rr�ni i _ +�i�' k# ft �Y4 #t -t}�a F- eyised mass land wn toward ..the.acAua4 - sects; - �flrVf}Rt aft 4#f4f849r nni Oman +Afinn Agrn.t nT'r4 T4ie'impfeve €fie a ved-as t$ fof m by the -pity n# The agree.,,nnt Gha 4- provide tef; — 0of+ctr t +on of- all'i€ P- FOVEFR eR tS % q 61 i;7e d p4� rs 6aet4e chGA 931 G. ;4ncludi ire a -Aff i ite-mW Vengefite. - acce r Vie - per -pla &-apd-&PECA iraliofisen file F f _[ rlIY1p4alieR of im o Feye menu wkhl;:�-*e'3 e4per,4; by CYSofiGR 9210 Iii ,,��+ -. Righi of ihet f�ihr #n mo�Uy�- r�Wis, &pe '�F^� !G FegYi re thrx c• i� 4ar- -t pay fbf-mod4f+GaEt+Fif� J �T�' "P 47' -'f'T # 3C1fitr+wAi }n w4i Pot vef- far offer r+ •s�rnn a{ ad�a�eilt- prefer #aoc. 5 -- Payment 'of4nrape ion- fee &4 seraese- wl h4hi4 -Ot 'ra fe6akdion. 6 -- .Rays+ of ay €ee ndi -o €'ot 149,s et a i�#e i s eet $ iit ' 6: Opp + amt- sew r - as. fequ4er#'by- �st+er�°' 10 C 2 Q. a1Ate-F4aAQ8-GF4fe aiifof ar�y -defe sss- 40.- pelease afd44 &mRA C fige f i!y {rsFr Uabi T 4p+ f -e t-0 conne 1I4 i ; d eve! a d- paymerit- of.ail'feace 14 ity-may. -inew v # y nor legal aGtign nr nihnr r5rCr.L�4 {� }�..+ -t GeVelo 41 dqy ethep deparifr reiF;;b ire;eme -# �- ttieAc -sr rani�iresri 1't�r f ifsi nrrif rwnn -c}r # r�solotion' af}d a u fnaFy - be- fec}u+re !h E q e�e� {# �. {' ',., 12. Any- ethEf preY4oR rani1i%d hit +he f ify nr ire4&Qna .1y1 fi�40 -6 eGti4a PUFP V46i �s-Qf-the SO M�}g}�.F} Map e.-+ R2R]ri ikir, (tniin ,3- M.Ar4u 6etatiF;r4-[0# -thin 6Ubdjy+r . Ordinance No. 1430 Exhibit 1 Page 57 Improvement Securty 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 map shall be signed by the City Engineer or recorded unt;l all improvement securities required by this sect,on 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 -En_g neer: (a) Bond or bonds by one (1) or more duly authorized corporate sa {et+es :iy� aut i -sAW be ad€€ 4te ureties. Thesureties in the form of the dwI nds-s#a4 th- ed+efir, .664 GE).4. 664 @❑ .�9n3 a-R4 R6499- 4- afprescribed by the Subdivision Map Act. (b) A deposit, either with the City or a responsible ei�crow agent or trust company, at the option of the City Engineer, of money or negotiable bonds of the kind approved for securing deposits of public monies. (c) Any other form of securityLgt the option of the City Engineer as provided in, ection 6 R4 A Pthe Subdivision Map Act. 3. Amount of Security. A performance bond or other security :n 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 equ-pment 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 performance bond and payment bond shall not be the same. The estimate of improvements costs shall be as approved by the City Engineer and shall provide for: (a) Not less than five percent (5 %) nor more than ten percent (10 %) of the total construction cost for cant: ngencies. (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. grad -A peirfeffnan in the ameum e€ CIP e huf -idfed -pee- ept (100%) of the Iota; -t B64mated C 4e nee- � ran We the in-sta a4ofl of-the �s+eP umentaticn-a &-4deteFrn0Red by the ,e jgtereid- civil- eqg+neer er- su FVe ye€ reepenk bke -fer r, ttong the Ordinance No. 1430 Exhibit 1 Page 58 4. 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, includ ng the cash bond which shall be retained for the one (1) year warranty penod. 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 mposed by the Subdivision Map Act, this code or the improvement agreement. Release of Improvement Security (a) The performance security shall be released only upon acceptance of the improvements by the City 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 urnishing 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°x) 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 (1) months have elapsed since the acceptance of the improvements by the City Eririeer. [Reserved] Construction and Inspection The construction methods and materials for all improvements shall conform to the standard engineering specifications and all other : tandard 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 e6oG l.respc ,aker. Should the subdivider fail to complete the improvements within the specified time, the City may, by resolution of the City GGuP6 responsible decision maker and at its option, cause any or all uncompleted improvements to be completed and the parties execut-ng 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 subd.vision is applied for. The completion of the improvements may be requ red by a specified date by the City when the completion of the improvements are found to be necessary for the publ c 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 mprovement agreement. Improvements shall be completed prior to final building inspection or occupancy of any unit within the subdivision. 3. Extensions. The completion date may be extended by the City G responsibl 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 subdiv' lion improvement agreement. The subdivider shall enter into a subdivision improvement agreement extension with the City. In consideration of a subdivision improvement agreement extension, the following may be required: (a) Revision of improvement plans to provide for current design and construction standards when required by the City Engineer; (b) Revised improvement construction estimates to reflect current improvement costs as approved by the City Engineer; (c) Increase of improvement securities in accordance with revised construction estimates, (d) Inspection fees may be increased to reflect current construction costs but shall not be subject to any decrease or refund. Ordinance No. 1430 Exhibit 1 Page 60 The City GG arresconsible 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 subdividers use. Ik- _Acceptance of Public. Improvements 1. W'th respect to all subdivisions, when all improvement deficiencies have been corrected and as -built improvement plan, submitted, the completed subdivision improvements shall be considered by the City Engineer for acceptance. Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use. 2. Acceptance. If the subdivision improvements have been accepted by the City Engineer and public improvements have been dedicated on the final Map er pai:GeF 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 publ c 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 +- rehibitieflGeneral _49- peicis R shall se4,y fnnre_ finan -any+ pa rGe1 G nnr-c. �,of reai prof 4 "F cin refi6tfudieR of a Ry h y;-g- f6r- "e, �y a Pr fippipcinn ther xeept- of mGdel hnmer' 0 jsh-a-fina; or Fegoipe -by the. S4�4ied yi Akan AGI .,r the Subdivi6iun Code, ufl i;rr, - igh :4 rsap7-in- fuil-se€npkansel ^� „�fi,a /nr�na�i�rirtn -tL.r C` ib ivirsiGn Map /tin+ nnd -t�ye � bd+Y �n f G4e ha bee with-the- GGupty ReGGF4rinr r� t747 G -_- GWWey aRGe {{6 of •any paFt of n �' �i�'ef Feat Ft�� f iit�a"-fiAai.� �j r dire - ,tie di� iy��R � � p n Gt a r T+4p- e# he fide by pawl -or- Wer.k „� �m b r 'ester or ether-der, ig RaIiG R. s -and urgii been fi -mt# the Cee�# esef F 3�#ais �+6f� does frR °`r +^ "' �r �rri erarsei #fereci for der fi�640; --safe or se -if, oomP14RG;e ,.,' e e pt- frofr+ Ordinance No. 1430 Exhibit 1 Page 61 an R G I Ud R g rsiGR Q Ode, Wating the design and'+{€��r�ve{ SUWiY +6ion6 +{i affect atmthe- Gme_the wais e #a i&h6d- Nothing- rGnta+ reed -+rim se�sf+es # 41� +tree dd {e ed o-pno- .,ibiik -a�€fl Offe{ of r.0 F1 t4D 'seii; tea-se Feai�ra Kt 'er -te {}Ft {H;;t' i{ 1 {646{ lEf E- th1eFeGR Where rI Irh rnlcs (ease 6F -fIRaRGj R g, G F 1 e_ GG Fn me Ge m e t-o�u -ch exf{e&61y-c,e i#+eP 4wn 'tia a r at' and 't44+9 ef a fif al - M-ap G F P rse1 map, aisT °+red up t# S- L4 bdivw:,4ef- Ma p A G 1 6 - b- " edies 4-" yy,, ee I e1- ntf -aGPe- e4i_- %al-prn pent' is hirh has y%,nm e_n riiy or 4�1T 4G"aIS F. SUUd frfSirl 21 601.49_08R, in Vj0!ntIAR Gf {oviweRu -toe }�7't�ivi&K�{} q Ai -.„t of ^ the -&ibdivfsien- ede46- vvidatwe At thY a p„la nn }inn of Fh��,��- t l uyer -or {�e�sen GGntFa I if a7jaWGGnaI rWe6ef�takfVB- iqSGIVeRGY I-' da{ {t*ptry4hemuPoF: a p Re (1) Ye a#te tla date of dIsceve{y of &U& Vyo.i..+'f &ale - 4DF -GO R kfie IS 1 i6- bi R d 0 s61 PG R a R Y s sesse;7 ip'+r to esf o k#e J t -the t f} r se, ef#e{ thafi_these above- �f+ erated, and -upon -the'gr-af ef:, V nrinr nr ncrrnn G94*a her- aSIS09R e hair nr deyi ee �''S +'•rY *s '�',�,,',y.s �-7p{ /�,.,} earic rin srinlw +inn of the 'r.IGn6. of theSubdivi6ien -G&d &r-tha ivi6iGn F' cA may." �n ith4n�f�e (7) year of the date At rlernn ery n G Vf9 tinnl hrinn 2R --rtinn in fha IS afty da-Mager, rea6ofi of s-ush The aGt0ep rRa y he Fe 1g kh jest -t pefeefi whe divide the Wren efty In 1iYrii t#6 -6 t PreVi6i8R8'�f -the #k3{�iVi6iGR Man Gt Gr +h8 El +v+-4 fi -GE }e apd-agaiiq E4 a RY suGc ers, rGAGIrrs, i iq i iq t As rFe gst i m ch n have -a,�tua4 6{ se st�� ra Jcfaeua�ledge of Euch- div+s+e{+'6f_pFepeFjy 37 The provi6ion6 of thi6'6ec��kyyio'Y I S -f�I PRSYr 10 0 ;e r..,n„ay r }�- Gf -afi (;del of {ezo YtrnnaFly identYfiari in n reek e-e-C4 r;Mp4aRC - filed - PUF6##a'F}t�6- 2 PC-hQR - fiflA. AA _ SoivisionA �map or parcei r€fa; f {ems tk�e- da.t�ef- �ese�d+f�: T1:1e PmV4400E; of th+s'ses k+ R-6kai I P at I m. it ..r afferm in ay4he,- ghts of a graptee or in +,�sr,ndea�ay#�e- ro+ +s'iof} of -w- 4- - ThiTrno- vcv4erY -- Ges n0t-bar-apy legal, fttahie e ri IFnm any Fe Fsed y +ri urFS �y� �nyy� my, nr iany narcnn, ffrn nr sof a at+of 'f ay eth6f�h+ 'b6 -ef�f khi�- City CW- QV;ef P 7r, {�F,y,r 6 G4 PEFISOn fiFFR 0 G. t On - May4jle -a' E4.A 01 the i �att eked 8r re esed , jease, 6f flffaf�G+fk �f� -Y Oiati6fi fha 2-1Ykr♦iV;e;GR Map n..F „r +�144V4 6f dA. T he-Gity nr reran+ airy ppFeyal neGes a ,to . evelep-arj-rea PFGperty Wa 4 nr,- �i-ii }}i� ,' {'7�f }j }-�R -F sulled frnrs A diVi is man, ' R VL0lla,jj()nCCof 4be {�{r v`i6iGR6- -ofyy4; a 9 - 1 bd"ion -Cede if it fi{�s -that real-pf- party- F}trany to the pu-blin health nr + �+�Y-6y�0y, Tl, th�.��rFity to ry y p -fir Ya rY �Jy pem;it or- L; - Phan c" pp4y wh4E4lher4he -appka fit. tTl"CST TVA- 1TS2Q -tT e.ow Ier, of Fee rd-at tk }ZYTmA -e s r.h YJ1111'3 +1sR G wo�i+ � �ryt thorafnr jr, al+haf +ha fiI'rFe n+ /4LJ J�5lir f4 /taS}�r�jyt lyp' i. ++FII +i+ +t fl Ordinance No. 1430 Exhibit 1 Page 62 er-ce cAri ict 0 h ee age of -the' violation ' aP he44ne -4 the aG s4+ of- a;44ntefeEA in s u c la ' rea I-pfe pe r t �r - It the Qty-ire s- apiariowai for-the develepme ,t „f -,Ry r.,., Dpe fty afld -166166E tly- tefmines -th-M -tea p pe#} Vie City ay-f- GGfi ideic the per apWGYal for the +��vek pm a R and rr� nip impo e.t o ad�kioaai •erif �t+ef��iwh+ FF' T StS ty! iGable'to the �+�+44eg of toe TRir- peFly a the4iME4h° r1irreAt A -INLser of re r a ui{ed't�ie" Ft y. 1f the prep rtyy "t me +CMf;46i- 'record a &-yay yY�- iq_P +irYl6 ..f t 41r�'�ctipinii/a a Wabon, the Qty- ray 1 Jy+� pT�'y{ �+�r}y .A. r, +may ap le""�LifTIII'It -t}�' -tll�' 'riT�I .�/}}1�I _�+�f a Fl`li�S�]R }f�l�lr\R O4'- ce4+f4oatR o c4]; TIIIpka Rc e has, beee t ^r %GGP 1, GRIY *06e , r r3dltfef�B'£t +p##iate'{ ,C RITT th:#PA E'Aa4" applisable.The provisions of this chapter shall be enforced by the Director in accordance with the provisions of the Subdivision Map Act and_the Subdivision Manual, as applicable. cb 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 provi sions of the Subdivsion Map Act Laud -the Subdivision Code, and the Subdivision Mangy . 2. If it is determined that the real property complies with the provisions of the Subdivision Map Act and the Subdivision Code, the Director shall file a Certificate of Compliance with the County Recorder. The Certificate of Compliance shall identify the real property and shall state that the division thereof complies with the provisions of the Subdivision Map Act. the Subdivision Code and the Subdivision 3. If it is determined that the real property does not comply with the provisions of the Subdivision Map Act ,_-eFthe Subdivision Code, or the Subdivision Manual, the Director may, as a condition to granting a Certificate of Compliance, impose conditions into ;om lii nceac rdanoe'w+th-Sect+en 0323 -e (r* F+� s, -Ap eval }: 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 msel 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 Secton 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 d-. Nintirp QfV+o4atkon. 44he -- it}'of Tu64A}',_, ,-�; a ledWhat' 21 -PFe has a .� +�++de +da4an -of the fyr0v Gnr rti-ro Pf the &4hdivisien-Map ❑ri nr +l�r, 'i � ��0{l-Gode, a R �i $-of i{it t�}n in a 1Ant Ake o#- ujelatief�- F; h A I I he- f�F,ePaFe4- by- the!D+Fester -a elivwed' to the ri, cre "wner ef'{eceFd ley -GerlMed -P4 a4-44 e fioh -the FFGP 4Y-4n dela4, aMe the'e;wf�e ssF4 a-the Wji I aft -6tale rh-ab the n5• of -- f#4'b"WeR the -ems+ n4tY -te Fe�uid"(* The -fleNse shall aIs*e se A ta+a- af�jyex�p by -0)e su"ct paFrel +& nnl:- iaMui_uPder Sert+ee .11' -' F F -tftkY �i +r inn Map 14r+. -noti -si;a lyc�peG4y +hn d8te, t r f4aGe 4g-at wh4rh -the ^ may -present- eYfcl a n�o P r, e e the-"Mmific inn WhY n ;4D4r_e o{ vfo4at+ef} ehe iqnt bL:' feeerdec Tk-a maetjr49 Sh nn rnnnnr +4, ) 4dayis a R d tti f r -,g�, � ��1�- „aH- �%l+rt�'��,A -latef tin r, i.. +�r I901 .�ay� korn the -date of FR 11nry n he, t y -of ipten +inn +n r r-a of %oinl �** }F`in fiflaffn fail ♦ efd�-neta�- Q,-- ,- r�a�+e,I�, TFo�H+♦�rmrrrrccL�, ay 6 Gf-�a t. o ,,f;+ et ivr Ge, the -$7lr nef yfailr-, - fil rihe -Co �fri� + evelo,+pment i �•y man tCr�' e7ptl.csn tG yrycv�+ra�- r�yrii I94 n0hre- f VielatmeP, �tk1'dii'�i� a YF 4it7 filaffr'iti^'am� 4 Co ty ReGGFdel: 4 Y46- #4ectar If -affffr she -owner - Fesefe►r+de�se'a the yppJ am p +s�s�arr'deyts lFmii�rt �][�� lI �# re'# as'#�ele€1� Fie ++Je4a +efa- er a-te (� Q �e;:-of y ap � W+&d -I' a -e4a d -aA�4e 7faRrIe 1 S�GF C aeiyy�er4ed to IhP +Ir1AM GU1fe11t GwfT f�� - eF#a#ie f aEt.' ae�s,,{{ eat- iceGlei +n- PRlfTG1 i�#a'8 3.F- ( t] T�eu +l }, if afteF t�i�B�},.rn �e�.,��tetf -f.'��rianra -anr� +�� ,�, �fi€k�f - �`nrrlmicrinn t� #�i�� yc tii � �I��I�,yy laas'hA tam' bee �y divided. and��l -ReF- i ten GG d -app�I eiapseid, ,, Noticre e-of Neinl -a +inn rh -b644e wt[4 the - i My-ReoEr FdeF FS }ivr -o + � {a, ,i{� �r. {}rf7�ert�ea"e jf;-ro � PrUe ui ith o33 E p „ l'GURG 11 �' rio Ge Of h1t�i 4i +Y # rerorded, s#a deefF3ed -to-be senstP� pst+ve Re ti 0 the viol� u cc esse;E_+FF in+,T, m nr (;h pfy, e.. Appeal to QP a T#& n'wReF, er- other 4iteFestedpaFty ay appeal ha �',� er, natjoa e144e the Council by -fjkn R-Aotire aq d pa y 0 R g a pp4cabW tee ed -by'{e ,e rnl�r +inn to tl. GAPRm - Geveiopmer# De Pa F#*; er t with4i4eq (10) da Ysref -the emFiss0Aiq d #erfxqi t+ee, The r the -appea�lYit' *� - 6xty- {fi0 }.days f rpm s h A mate e# aPPeai. I {i--rr[he- vou#!�04 R4akes'a dete{fn4inatiAn thA "- hpe-- foopefty�a�� } e n it lega #yL- dj vide d;- o- �'e �+yee -of k4a#o.R 6hal� -I€ PleTrred with �Sh 1 un4y- IERGGP l� a t 1'ireCtUf: INo t s �r#�I y3V) day&o ttlecri��oYF1�� ' the heanf - i tt th$ 8 dret rf +ne&-that +4rl has +Ho W�eeF; ij 1 eg a 1 ly- 6yided; -a er shall ba'delivered � ) -dayss of +he nor�cleis f}'e# #e h aF+ #— +elatwn A a -;41+ fnBaRQr 1A v+d 4 00 to tTT4Ttigq ed km r,a �- ProGediz eC pFoyid ed Jn_t UICdiVj C 09 r1 Tu-ti the Su Tv -0th r- atua . reg Jlat eY9' s .K� }h.. /s�j'y�.y't y� i0latI�P�1+1�1�'�3ys J�,of !he - {arailiaif�n$ er- #a+lf�P"Ih -asy of the Farr Iato^' requ4rer�ae �14t}t, Af qCj V4,TG T'Map Acct -a€ #e-Rhcimr &!on cede -64AI# be 9U} tY-0f'a F?14 deM F Ordinance No. 1430 Exhibit 1 Page 64 yc_ Indemnification /Action Against Map Approvals In accordance with the provisions of Government Code Section 66474.9(b), the subdivider shall defend, indemnify and hold harmless the City, its officers, employees and agents from any claim, action, or proceeding to attack or set aside the map approval. PART 4 DEFINITIONS �kLS■1] :1ali;ly1C6Lh] 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 defin.tion shall prevail. "Acreage' shall mean any parcel of land wh ch v-� not a lot, as defined in this chapter, and those areas where a legal subdivision has not been made previously, or where a legal subdivision has declared such parcel as acreage. "Advisory agency" shall mean a designated official or an official body chanted with mak'ipq investigations and reports on the design and improvement ofpropgsed_divisions of real property the im osin-q of_reguirements or conditions thereon or having authori bathe Subdivision Code to approve, conditionals _approve or disapprove subdivisions.aefer�ek�e "Appeal board" shall mean a designated board or other official body charged with makjngdeterminations upon appeals with respect to divisions realproyerty, the iLnp itign of requirements or conditions thereon, or the kinds nature and extent . of the design . or improvements or_both, recommended or decided by the advisor @ ency.to be re , uiredand F09F 1G -CAY C r Of TU66A. "Amending Mao" shall mean a map filed in accordance with the Subdivision Code to correct or amend a recorded final map. "Block" shall mean the area of land within a subdivsion, which area is entirely bounded by streets, highways or ways, except alleys, or the exterior boundary or boundaries of the subdiv�sjon. "Business and Professions Code" shall mean the Business and Professions Code of the State of California. "City Clerk" shall mean and refer to the City Clerk of the City of Tustin unless otherwise specified- "City Engineer" shall mean the City Engineer of the City of Tustin unless otherwise specified. The City Engineer may delegate land surveying functions to anerson authorized to practice land surveying either with Citystaff or through a City- contract. "Community apartment project" shall have the same meaning as provided in Section 1351 of the Civil Code. Ordinance No. 1430 Exhibit 1 Page 65 "Condominium" shall have the same mean ng 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 re:,idental, industrial or commercial buildings. "Day" shall mean a calendar day unless otherwise specified. { '�`afico of mp2cA�halJ --mean a -st ems - adepjed-by- a -sGhO G�Bea, apd �,,, �,., fee- wafided � i fy Age V, mLpeGlapirag t - e;061enceve of aF;i{ tC47 $ f1 GT'p m�r�gyls fiT a80arda FIC'G' With fine fiRl�I%P 'l am, I6,t'hGf- %q Jr{.,GIY ''I�, �T -�1�� i �i��'� 15f' Fi"5G �= /E�Gr�TIT4TTT -L2 UP dE6i2f c�n-of 49pact-figaV FI4V rI1 Wte 'ry 7 p Feq �irar�T46y Ncn 6`-6- ,e veff#fiei,4,GG�e. "Department" shall mean the Community Development Department of the City of Tustin unless otherwise specified. "Director" shall mean the Director of the Community Development Department unless otherwise specified. "Easement" shall mean a nonpossessory right, interest or privilege that the City, other public entity or private party has in another's land. "Environmental impact report (EIR)" shall mean a detailed statement prepared pursuant to the provisions of the California Environmental Quality Act (CEQA), State Public Resources Code Sections 21000 et seq., and State and City CEQA Guidelines promulgated pursuant thereto, describing and analyzing the significant environmental effects of a project and discussing ways to mitigate or avoid the effects. "Environmental subdivision" shall have the same meaning as provided in Government Code section 66418.2(a). "Fair market value" shall mean the value of property as determined by the Advisory Agency based upon appraisal by an MAI appraiser acceptable to the City and at the expense of the develcper-- eider. 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 &velepersubdivider prior to the recordation of any final map or the issuance of any building permit. "Final map" shall mean a final tract or map fnere pa Freirs fcr-w h a-tenla }",° an d fin aJ -map are {ems -ed by t �s+of� -Map AGI a Ordinance No. 1430 UK bit 1 Page 66 this -Chapter, prepared in accordance with the provisions of the Subdivision Map Act and this Chapter and designed to be filed for recordation in the Office of the County Recorder. "General plan" shall mean the General Plan of the City of Tustin. "Government Code" shall mean the Government Code of the State of California. "Improvement" shall mean streets, sidewalks, storm drainage facilities, water and sewer fac1ties, utilities, landscaping to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and acceptance of the final map thereof. "Improvement" shall also mean other specific improvements or types of improvements, the installation of which, either by or by a combination of, the subd.v,der, public agencies, private utilities, or any other entity approved by the City, is necessary to ensure consistency with, or implementation of, the General Plan, or any applicable specific plan. Improvements shall be constructed in accordance with standard engineering specifications, where applicable. "Legislative body" shall mean and refer to the City Council of the City of Tustn. "Lot" shall mean a unit or portion of land separate from other units or portions by description, as on a final map of-pwGe4nap, or by such other map approved by the County or by the City under the provisions of the Subdivision Map Act and the City ordinances in effect at the time of such approval, for the purposes of sale, lease, or fnancing. "Lot line adjustment" shall mean a H4AEW Shitt OF FOW6 modification of ap exim a lot line or ewe lines between two or more existing adjacent lots ar arcels where a greater es #ea�rer number of parcels than originally existed is not created. "Merger" shall mean the joining of two (2) or more contiguous parcels of land under one (1) ownership into one (1) parcel. "Notice of Findings" shall mean a statement adopted a School Board, and forwarded to the Advisory Agency, declaring the existence of an impacted school or schools -in accordance with the findings and other requirements of Section 65971 of the Government Code. The declaration of impact may include the schedule required b}r Sectio_n 65976 of the Government Code. "Parcel" See "Lot ". "Parcel map" shall mean a map showing a subdivision of four (4) or less parcels as required by the Subdivision Map Act and this Chapter, prepared in accordance with the provisions of the Subdiv sion 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, open -Ited, and maintained by a public agency or private association and which provides recreational land and facilities for the benefit and enjoyment of the residents and visitors of the City. The City of Tus -,in designates parks i^ the felle, ii Ia"4isa443 -R& within the Tustin General Plan and the Subdivision Manual. Ordinance No. 1430 Exhibit 1 Page 67 � O.CGrA onAy "III --mea ewe- parks-J#)at reFve -a FR f;imum - pe{a640H+oR often tho+}s and -(10,g 4y-eight (9 }- aue&4n- size, Gr orc:�a exc Win 9reeRbelt AY51� 6GheGI +sai fas+4i#+e Er s e-eam unity rentef:s, AihletiG 419011+�e -serge r ai se itia�t ,t i5��,��RcerianFS of tl-sn �y -s "Park— N4ig*h9;rhe9d priivate!' k i ; -MeaR these tho immediate e ment--er r, eGifiG neiighba;haod-4� whirh4hey afe 'erg af- flare a �R K j #### F} (1) aGFe in Si— Typisai featWes-ineUde- passives 'aGbve play 6wiMFri4;§ -p }hj as, a a+s se s4 k -hQU6ePbr. "# OVal Re:ghbGFh0 r s' are al and - ma4aif ed- b` a h eme Wnerr& sGesiatie- yy,,,,�� +�,rt "Par 6hghbeh 4 ' [�� " �J �S]T 4'S � c�CSff -f mini mrim_�t'T4T4' t G-th�i#Eand4iV6 44�C#G)-an4 area mm imi im of fhraa fix r E +R-64e, a 461 Udk4g gR3-- D eli s a �chee4 -Wound - TYPiGa4a + tai.; incl e 0 { P y, +ve0 specs; �J P'� 4Jf -eUI- 'd'i MeRt,, /-� ISPO - -4# 46 a d'�i re ars_21D {n hKSGrf7 ri paf ks" Ara nii+ t`kf a-Rd -d �y the - #ty and Santa L;,Ri6 of the-egNr ' "Park FfRprevem,,A_.RtS EXIF inafy" chali-€neaR pafk and creation oven er manic iyt��cr and - AhA a shnOCr i Ru May inrliirle �+�rF.r t $'��fr�if !off piaygmued- equipmeRl. cf -taG 46t , G , bTtE'fiel�'�; Satimminn n.,,.� "Park +Mpreve pabis -i eve # as- deefRed ner.eG sa FY by 4#e -pity to-deve recre rt+e€ to ies A Iq d ay- inolede, - but not be- 4MAed-te-: -gig A I A A FP At +C. WTiqat+vn -rary6tesci s, ad eq uat"rai e, �awf-- &f:u b s, Ueasa GGRGFete w IJ ways-apd walkwaoig#t+Rg- "Person" shall mean any individual, firm, partnership, joint venture, association, club, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, the County, this and any other city or county, municipality, district, or other political subdivision, or any other group or combination acting as a unit. " Planning Commission" shall mean and refer to the Planning Commission of 'he City of Tustin as established by City Ordinance. "Remainder' shall mean that portion of an existing parcel which is not designated on the requ red 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 ex!st,ng boundaries of the remainder. "Right -of -way" shall mean a specifically defined area or strip of land, either pubLc 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 : mprovement plans and specifications as prepared and /or approved by the Director of Community Development. Ordinance No. 1430 Exhibit 1 Page 68 "Stock cooperative" shall be defined as provided in Section 1351 of the Civil Code. mean a street. inteF r..ryd'C e-if�-i i:t n i-B4QGaY-SM-ect •snGT xpese-etlest��ra#fl� and ra" -p r- ehall meal an exis Fig t3 e` treat Wan se riry v {* hi .�# 1n + D{�S 1r, t-th kiv+F}- et real shall mean any street, access way, or the like, lying n whole or in part within a subdivision for which ded,cat-on and ownership is privately held and is u'd ,ed as access to a development. Private streets shall be constructed in accordance with standard engineering specifications. "Street -- Public" shall mean any duly dedicated street, avenue. or the Lke which the City has accepted and regularly maintains, or which the County duly accepted and regularly maintained prior to the incorporation of the City, or upon which public funds have been expended for improvements or rghts -of -way used by the public generally. "Subdivider" shall be as defined in the Subdivision Map Act. "Subdivision" shall be as defined in the Subdivision Map Act. "Subdivision Map Act" shall mean the Subdivision Map Act of the State of CaLfornia as provided in Government Code Sections 66410 et seq., inclusive. Attachment 2 RESOLUTION NO. 4217 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE TUSTIN CITY COUNCIL APPROVE CODE AMENDMENT 2013- 002, AMENDING THE TUSTIN SUBDIVISION CODE (ARTICLE 9, CHAPTER 3 OF THE TUSTIN CITY CODE). The Planning Commission of the City of Tustin does hereby resolve as follows: I. 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. Resolution No, 4217 Page 2 II. 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. TE K ZAK 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) Exhibit A To conserve resources and eliminate duplication, "Draft Ordinance No. 1434" is provided as a separate attachment. Attachment 3 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION JULY 09, 2013 7:00 p.m. CALL TO ORDER Given INVOCATION /PLEDGE OF ALLEGIANCE: Chair Kozak ROLL CALL: Present: Chair Kozak Chair Pro Tern Thompson Commissioners Altowaiji, Lumbard, and Smith Staff Present Elizabeth A. Binsack, Director of Community Development Lois Bobak, Assistant City Attorney Dana L. Ogdon, Assistant Director of Community Development Justina Willkom, Assistant Director of Community Development Scott Reekstin, Principal Planner Amy Stonich, Senior Planner Adrianne DiLeva- Johnson, Senior Management Assistant None PUBLIC CONCERNS Approved CONSENT CALENDAR: 1. APPROVAL OF MINUTES — JUNE 25, 2013, PLANNING COMMISSION MEETING. RECOMMENDATION: That the Planning Commission approve the minutes of the June 25, 2013, meeting as provided. Motion: It was moved by Altowaiji, seconded by Lumbard to move the Consent Calendar. Motion carried 4 -0 -1 with Chair Pro Tern Thompson abstaining. PUBLIC HEARINGS: Adopted Resolution 2. CODE AMENDMENT 2013 -002 (ORDINANCE NO. 1430) No. 4217 as amended AMENDING THE TUSTIN SUBDIVISION CODE (ARTICLE 9, CHAPTER 3 OF THE TUSTIN CITY CODE). Minutes — Planning Commission July 09, 2013 — Page 1 of 5 The proposed amendments are comprehensive and are part of the Community Development Department's continuing effort to implement Tustin City Council policy direction by making government processes and procedures more streamlined. On May 28, 2013, the Community Development Department transmitted the proposed amendment to the Planning Commission to afford the Commission sufficient time to consider the proposed update and set the item for public hearing on June 11, 2013. Key changes proposed in the proposed amendment include: 1. Removing outdated language; 2. Performing ordinance "general housekeeping" to ensure consistency with the State Subdivision Map Act revisions and current City practice; and, 3. Process streamlining. ENVIRONMENTAL: Proposed Ordinance No. 1430 is not a "project" under the California Environmental Quality Act ( "CEQX) pursuant to Section 15378(b)(2) and (5) of the CEQA Guidelines. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4217, recommending that the Tustin City Council adopt Ordinance No. 1430, approving Code Amendment (CA) 2013 -002 and adopting proposed amendments to the Tustin Subdivision Code (Article 9, Chapter 3 of the Tustin City Code). Ogdon Gave a presentation of the item. Planning Commission questions generally included: acceptance and conveyance of real property interests of which there is no cost to the City; clarification on the definition of a "minor amendment;" whether or not the Subdivision Manual defines a major or minor amendment; clarity on Transportation Corridor Agency fees; and if there were any comments from outside agencies which were not yet addressed. Commissioner Altowaiji commented regarding the Final Parcel Maps not being reviewed by the City Council indicating that he supports a portion of the Ordinance; however, would like to maintain transparency through allowing City Council to review Final Maps; stated the Ordinance favors the development community; and, added that when reviewing the maps, he would like to remove all subjectivity from the proposed Ordinance. Minutes — Planning Commission July 09, 2013 — Page 2 of 5 1 The Director commented related to major versus minor amendments that if there are any additions to the Map, any code violations, or if changes are made that are not consistent with the spirit or intent of the map, then it would be considered a "major amendment" and subsequently brought back for Commission or City Council review. The Assistant City Attorney stated it is difficult to put a numerical value on the number of minor amendments which are acceptable, and restated that as long as the map meets the spirit and intent of the Planning Commission's approval and does fall under a major amendment as defined in the Ordinance, it would be considered a minor amendment. Ogdon stated Transportation Corridor Agency fees are given in the Fee Schedule adopted by City Council, and that fees are not referenced in Ordinances, as they may change over time. The public hearing opened at 7:42 p.m. Mike Balsamo stepped forward representing the Building Industry Association of Southern California, Orange County Chapter to speak in favor of the proposed Ordinance. Mr. Balsamo thanked staff for providing the opportunity to review the proposed Ordinance, and stated that he appreciated that his agency's comments were considered and addressed. Mr. Balsamo generally restated his support for he proposed Ordinance. The public hearing closed at 7:45 p.m. The Planning Commission began discussion of the item. Lumbard Stated the proposed Ordinance would be good for the City, will attract new development, and will remove obstacles for development; and, is in favor of the proposed Ordinance. Altowaiji Thanked staff for their work on the proposed Ordinance; stated that the streamlining measures are generally good; however, believes that Tentative and Final Maps should both go to the City Council to provide another opportunity for public comments and to review any changes; stated that he is in favor of some elements of the Ordinance but would oppose the proposed Ordinance as given. Minutes — Planning Commission July 09, 2013 — Page 3 of 5 Smith Stated he is pleased that the process will be streamlining our operations and making the City business - friendly; does not believe the process of civic feedback and citizen engagement is being undermined in any way; and, is confident that staff will bring Maps back for review if major changes are made after initial approval. Thompson Appreciated staffs effort in providing the Commission ample time to review the provisions of the proposed Ordinance; initially shared Commissioner Altowaiji's concerns, but now understands the definition of minor changes and believes the proposed process will streamline efforts; and, is comfortable with the Ordinance as provided and believes the appropriate checks and balances remain in the proposed Ordinance. Kozak Is supportive of the proposed Ordinance; believes the revisions and the modernization of the Ordinance are best management practices for the City; is pleased with the outreach to the public and the comments that have been received; echoed Chair Pro Tern Thompson's comment that there are substantial checks and balances in the proposed Ordinance; and, made a note that the appeal process remains. Stated he would like to move forward with the Ordinance as given. Altowaiji Noted that a majority of cities send their Final Maps to City Council a for review as standard practice, and reiterated his comment that in favor of transparency and checks and balances, even minor changes should be reviewed by City Council in the form of a Final Map. This is his primary point of concern. Motion: It was moved by Thompson, seconded by Kozak to adopt Resolution No. 4217 as amended. Motion carried 4 -1 with Commissioner Altowaiji dissenting. None REGULAR BUSINESS STAFF CONCERNS: The Director reported as follows: The City Council held a Tustin Legacy Workshop on June 29th, which discussed the current land -use in the Legacy area, potential development opportunities, and provided direction on the next -steps for this area as well as for the Pacific Center East area. COMMISSION CONCERNS: Minutes — Planning Commission July 09, 2013 — Page 4 of 5 u Lumbard Had no concerns to report, but noted his tentative absence at the upcoming July 23, 2013 Planning Commission meeting. Altowaiji Attended the City Council workshop on June 29th, stated it was informative. Smith Had no concerns to report, thanked staff for their work this evening. Requested that Mr. Balsamo let the business community know about the effects of the proposed Ordinance. Thompson 0 Provided a presentation to the American Society of Civil Engineers; • Attended the Orange County Business Council Infrastructure Committee meeting where a presentation was given on shale oil; • Announced that Tustin Parks and Recreation will be having a fundraiser on July 20th to raise money for dental care for children. Kozak Stated the Concerts in the Park series has been excellent so far; • Attended the July 4th Fireworks Celebration; • Thanked staff for their hard work on tonight's item; • Read an article regarding the approval of wireless facilities. 8:06 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, July 23, 2013, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. T ( OZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Minutes — Planning Commission July 09, 2013 — Page 5 of 5 Attachment 4 C �" z c v� Ewa 3� ao O z 0 R 0 z pS�a� 0 z 0 z 0 z �a c'� • Q s0 .8 OU ��. . F-04 UAW 8 12 a a� a� a o, op 4 a� 0 W' 1 OJ O con 0 to �, cpps 3 0 v� a JIQ we P§ a, ° a •48 U v� Ewa 3� a au o ran ao c cu m �4 y I C k a �S0 N a U y � o a v� 5. U oA �, ' I .5 'S Al 0 a {�3 W N P4 U cu p4 U U o � rA u IOU 0 a U � U a'UU Cd {�3 W N P4 U TA%�. P4 U 0 U) P� UU0 a U cu p4 U U ) a rA v IOU 0 a U TA%�. 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