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HomeMy WebLinkAbout15 SUBDIVISION CODE 03-02-98NO. 15 3-2-98 DATE: MARCH 2, 1998 Inter-Com TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT SUBDIVISION MANUAL IMPLEMENTING THE CITY'S SUBDIVISION CODE (ORD. 1177) SUMMARY: In February 1997, the Council adopted a comprehensive Subdivision Code. The Subdivision Code (Ord. 1177) references a Subdivision Manual (Manua0 which has been prepared and establishes procedures, standards, submittal requirements attd other information i necessary to administer the Subdivision Code. On February 9, 1998, .the Planning Commission recommended that the City Council approve the Manual. Applicant: Community Development Department RECOMMENDATION That the City Council adopt Resolution No. 98-18 approving the Subdivision Manual. BACKGROUND/DISCUSSION In February of 1997, the City Council adopted Ordinance No. 1177 comprehensively updating the City's Subdivision Code to govern the subdivision of land in the City. The Subdivision Code references a Subdivision Manual (Manual) which has been prepared and establishes procedures,. standards, submittal requirements and other information .as may be necessary to administer the Subdivision Code. On February 9, 1998, the Planning Commission adopted Resolution No. 3576 recommending that the City Council approve the Manual. The attached Manual is a compilation of information, standards and procedures to assist applicants with the subdivision process. The Manual is generally organized to follow the format of the Subdivision Code. Below is a summary of the major items addressed in the Manual: City Council Report Subdivision Manual March 2, 1998 Page 2 · Types of Maps permitted and their submittal requirements; · Tentative Map review and approval process; · Final Map review and approval process; · Review and approval process for other types of subdivisions such as Reversion to Acreage, Lot Line Adjustments, Parcel Mergers and Certificates of Compliance; · Time Extensions; and, · Provisions related to CC&Rs, concurrent processing with other discretionary applications,' and model complex construction. From time to time, it may be appropriate to amend the Manual if there are future modifications to the California Subdivision Map Act, the Subdivision Code, General Plan, Zoning Code and/or case law. · Minor amendments could be instituted by the Community Development and Public Works Directors, and major amendments would require the. approval of the Planning Commission 'and City Council, respectively. Senior Planner Elizabeth A. Binsack Community Development Director EAB:DF:submanul Attachments: Resolution No. 98-18 10 11 13 14 15 17 18 19 2o 23. 22 23 24 25 26 27 28 RESOLUTION NO. 98-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING THE SUBDIVISION MANUAL IMPLEMENTING THE CITY'S SUBDIVISION CODE (ORD. NO. 1177) The City Council does hereby resolve as follows: The City Council fmcls and determines as follows: h. On February 18, 1997, the city Council adopted Ordinance No. 1177 approving comprehensive revisions to the City's SubdMsion Code regulating the division of land within the City of Tustin; g. The Subdivision Code references a "Subdivision Manual" which establishes procedures, standards, submittal requirements and other information necessary to 'administer the Subdivision Code; C. D. On February 9, 1998, the Planning Commission adopted Resolution No. 3.576 recommending that the City Council approve the Manual; and, Exhibit "A" attached hereto is that "Subdivision ManUal'' to administer the Subdivision Code. The City Council hereby approves the Subdivision Manual, as contained in Exhibit A attached hereto~ PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 2na day of March, 1998. JEFFERY M. THOMAS Mayor PAMELA STOKER, City Clerk Resolution No. 98-18 Page 1 SUBDIVISION MANUAL COMMUNITY DEVELOPMENT DEPARTMENT 300 CENTENNIAL WAY TUSTIN, CA 92780 (714) 573-3140 MARCH 1998 EXHIBIT A SUBDIVISION MANUAL TABLE OF CONTENTS 1.0 2.0 INTRODUCTION & GENERAL PROVISIONS 1.1 Authority 1.2 Scope and Purpose 1.3 Disclaimer 'DEFINITIONS' 3.0 4.0 5.0 6.0 RELATIONSHIP TO OTHER DOCUMENTS 3.1 3.2 3.3 3.4 3.5 3.6 General Plan Land Use Element Zoning Code (TCC 9211 et. seq.) Planned Community Documents Grading Manual Construction Standards for Private Streets, Storm Drain and On-Site Private Improvements Minimum Design Standards for Public Works Improvements Constructed within Public Rights of Way or Improvements to be Maintained with Public Funds WHAT Do I FILE? 4.1 4.2 4.3 4.4 Tentative/Final Tract Map (TCC 9312A) Tentative/Final Parcel Map (TCC 9312B) Lot l.lne Adjustment (TCC 9322) Parcel Merger (TCC 9327) TENTATIVE MAP PROCESSING 5.1 5.2 5.3 5.4 5.5 5.6 Applicability Submittal Requirements Tentative Map Form and Content Processing Hearings Post Approval Requirements FINAL MAPS 6.1 6.2 6.3 6.4 6.5 6.6 Applicability Timing Submittal Requirements Final Map Form and Content Processing Post Approval Requirements 4 4 5 10 11 11 12 12 12 13 16 17 7.0 8.0 9.0 10.0 11.0 12.0 REVERSIONS TO ACREAGE 7.1 Applicability 7.2 Submittal Requirements 7.3 Processing LOT LINE ADJUSTMENTS 8.1 Applicability 8.2 Submittal Requirements 8.3 Processing PARCEL MERGERS 9.1 Applicability 9.2 Submittal Requirements 9.3 Processing CERTIFICATES OF COMPLIANCE 10.1 10.2 10.3 10.4 Applicabmty Submittal Requirements Processing Certificate of ComPliance Required TIME EXTENSIONS 11.1 'Applicability 11.2 Submittal Requirements 11.3 Processing MISCELLANEOUS PROVISIONS 12.1 12.2 12.3 12.4 12.5 12.6 CC&Rs · Concurrent Processing of other Applications Concurrent Processing of Tentative Maps Inconsistent with Existing Zoning or General Plan Designation Condominium Maps Model Complex Construction Prior to Map Recordation Reciprocal Access 17 17 19 2O 2O 22 27 27 28 29 29 30 30 30 33 33 33 33 34 1.0 INTRODUCTION & GENERAL PROVISIONS · 1.1 Authority The Tustin Subdivision Manual ("Manual") is authorized by Section 9311 et. ~eq. of the Tustin City Code ("Subdivision Code") and is a formal policy document adopted by the Tustin City Council (Resolution No. 98-18) to formulate such rules, procedures and interpretations as may be necessary to administer the Subdivision Code. Minor revisions or amendments to the Manual may be made by the Director of Community Development or City Engineer. Major revisions or amendments to the Manual shall be made by the City Council. 1.2 Scope and Purpose The purpose of the Manual is to identify the standards, procedures, materials, exhibits and documents required for the processing of subdivisions and other mapping functions regulated by the Subdivision Code. The goal of this manual is to facilitate the timely processing of subdivision applications by providing a single, up- front informational source for the City's submittal and processing requirements. Items which-are outside of the jurisdiction of the City, such as the assignment of subdivision numbers, the processing of final maps through the Orange County Public Facilities and Resources Department or the recording of final maps through the Orange County Recorder's Office, are not addressed in this Manual. If any portion of this Manual is found to be in conflict with the provisions of the Subdivision Code, the Subdivision Code shall prevail. 1.3 Disdalmer This Manual provides Objective and standardized criteria for the submittal and processing of applications for.'projects regulated by the Subdivision Code. Substantial compliance with the technical provisions of the Manual is required for the acceptance and consideration of applications governed by the Subdivision Code. Decisions to approve or deny Tentative Maps. and certain other applicatiOns are discretionary actions that are based on assessments of the general welfare and interests of the community. Therefore, compliance with this Manual cannot guarantee approval of these types of projects; nor assure that the Community Development Department and Engineering Division will support your application. 2_O DEFINITIONS Definitions applicable to this Manual are provided in Section 9341 of the Subdivision Code. Subdivision Manual 1 March 2,1998 3.0 RELATIONSHIp TO OTHER DOCUMENTS This Manual is provided to identify the application procedures for subdivisions and other mapping, functions authorized by the Subdivision Code. Standards for subdivision and lot design, however, are provided in the following documentsi 3.1 Tustin General Plan Land Use Element The Tustin General Plan Land Use Element specifies general land use policies and density limitations (i.e.: Dwelling units per acre, floor area ratio) for properties within the City and shown on the General Plan Land Use Map. Copies of the various General Plan elements and Land Use Map are available at cost from the Community Development Department/Planning Division. 3.2 Zoning Code (TCC 9211 et. seq.) The Zoning Code specifies allowed uses and development standards (i.e.: minimum parcel size, minimum parcel dimensions) for the City's various zoning districts shown on the official Zoning Map. Copies of the applicable Zoning Code standards are available at coSt from the Community Development Department/Planning Division. 3.3 Planned Community Documents' Zoning districts identified on the Zoning Map with the prefix "PC" are governed by development standards that supplement or supersede the Zoning Code. Copies of 'the available Planned Community' Documents are available at cost from the · Community Development Department/Planning Division. 3.4 Grading Manual The City of Tustin Grading Manual provides design criteria and sloPe maintenance criteria for subdivisions located within the City's hillside areas. The Grading Manual are available at cost from the Community Development Department/ Building Division. 3.5¸ Construction Standards for Private Streets, Storm Drain and On-Site Private Improvements This document provides comprehensive design standards for privately owned and maintained infrastructure improvements and is available at cost from the Community Development Department/Building Division. 3.6 Minimum Design Standards for Public Works Improvements Constructed within Public Rights of'Way or Improvements to be Maintained with Public Funds This document provides' comprehensive design standards for public infrastructure improvements and is available at cost from the Public Works Department/Engineering Division. Subdivision Manual 2 March 2,1998 4.0 WHAT DO I FILE? The Subdivision Code identifies the mapping requirements for the various types of allowable land configurations. The following is a summary of the applicability of the most common map types: 4.1 Tentative/Final Tract Map (TCC 9312A) A Tentative and Final Tract Maps is generally required for the following: g. The division of reSidentially-zoned land into five (5)'or more parcels or condominium units (including condominium conversions); or Be A commercial/industrial subdivision into five (5) or more. parcels if the construction of new roadways is required to provide access to the proposed parcels. Certain types of subdivisions are exempt from 'Tentative Tract Map requirements, but may still require the filing of a Final Tract Map. Please refer to Section 9313B of the Subdivision Code. 4.2 Tentative/Final Parcel Map (TCC 9312B) A Tentative and Final Parcel Map is typically required for the following: A. Any division of land into four (4) or fewer parcels; Bo Any division of land zoned for commercial or industrial development, provided that each proposed parcel has approved access to an existing public street; or Ce The merger of two or more Parcels, unless exempt as specified in Subdivision Ordinance Section 9327 (see Item 4.4 below). Exemptions from Tentative Parcel Map requirements are listed in Section 9313C of the Subdivision Code. 4.3 Lot Line Adjustment (TCC 9322) A Lot Line Adjustment is required for the minor shift or rotation of an existing 10t line, provided that there is no change to the total number of parcels existing prior to the adjustment. 4.4 Parcel Merger (TCC 9327) A Parcel Merger is the joining of two (2) or more contiguous parcels of land under single ownership into one (1) parcel. A Parcel merger can be filed if at least one of the parcels in question is substandard with respect to the minimum lot size requirements specified in the Zoning Code. Other minimum criteria for Parcel Subdivision Manual 3 March 2,1998 Mergers are enumerated in Section 9327 of the Subdivision Ordinance; if these criteria cannot be met, a Tentative and Final Tract/Parcel Map would be required to legally merge the parcels. 5.0 TENTATIVE MAP PROCESSING 5.1 Applicability This section applies to the submittal and processing of Tentative Parcel Map and Tentative Tract Map applications, including Vesting Map applications, in accordance with the Subdivision Code-(TCC 9323 & 9324). 5.2 Submittal Requirements A. Application 'Tentative Map applicatio.ns shall be submitted to the Community Development Department/Planning Division. Initial submittals for Tentative Map applications shall include all application forms, materials and exhibits identified in the Department's Instructions for Filing a Development Application. B. Fees Application fees are paid at the time of application submittal. Fees are based on the latest City and.Orange County Fire Authority fee schedules in effect at the time of submittal. C. Accompanying Data and Reports. The tentative map application shall be accompanied by the following data and reports. The Community Development .Department may also require additional materials, exhibits, data or information as deemed necessary to accomplish the purposes of the Subdivision Map Act and the Subdivision Code. 8 Soils, Geology and Seismicity Report- A preliminary soils and geology report prepared in accordance with the Uniform BUilding Code and City's Grading Manual shall be submitted. If the report indicates the .presence of critically expansive soils, high groundwater or other soil problems which, if not corrected, would lead to structural defects, the soils report accompanying the final map shall contain an investigation of each lot within the subdivision. A soils, geology and Seismicity report previously approved for the site may be used if it is less than one (1) year old. Previously prepared reports which are more than one (1) year old may be submitted with a statement of adequacy from a Registered Civil Engineer, subject to the approval of the BUilding Official. Subdivision Manual 4 March 2,1998 2. Preliminary Title Report - One or more preliminary title reports covering all parcels affected by the proposed subdivision shall be provided. The report(s) shall be dated within thirty (30) days of the date that the Lot Line Adjustment application is submitted. If the processing time exceeds six (6) months, an updated title report shall be provided, and shall be updated for every succeeding six-month processing time period. Grant deeds or property profiles in lieu of title reports will not be accepted. 5.3 Tentative Map Form and Content The tentative map shall be prepared in a manner acceptable to the Community Development Department and shall be prepared by a registered civil engineer or licensed land surveyor. The tentative map. shall be clearly and legibly drawn and shall contain the following information unless waived by the Community Development Director. The Community Development Department may also require additional materials, exhibits, data or information as deemed necessary to accomplish the purposes of the Subdivision Map Act and Subdivision Code. ge Map Size - The minimum tentative map size shall be eighteen (18) inChes by twenty-six (26) inches. The maximum tentative map size shall be thirty-six (36) inches by forty-eight (48) inches, unless a larger scale is necessary to include all of the map area on one sheet in accordance with the dcale requirements in Subsection (B) below. Be Map Scale - The tentative map shall be drawn to an engineer's scale large enough to clearly show the details of the plan thereon. The minimum scale shall be one (1) inch equals fifty (50) feet. C, Graphic and Linear Representation- Proposed lines and features on the tentative map shall be represented as follows: 1. Tract boundary: Heavy, double-width solid line; 2. Proposed streets, lot lines and City boundaries: Heavy solid line; 3. Existing lot lines: Light solid line; , Easements: Light dashed line and labeled as to intended use. Identify if existing or proposed, public or private, and remaining or to be'quit claimed; , Water lines, sewers, storm drains, etc.: Heavy dashed lined and labeled as to intended use. Identify if existing or proposed, and remaining or to be removed; and 6. Existing contours: Light dashed line with elevations denoted. D. Title Block- A title block shall be provided and include the following Subdivision Manual 5 March 2,1998 E, F. information: 1. The tentative tract number; e Names, addresses, and telephone numbers of the property owner or owners of record and the person or finn that proposed the map; e Name, address and telephone number of the registered civil engineer or licensed surveyor (with R.C.E. or L.S. number) who prepared the map; and, 4. Date of tentative map Preparation. Descriptive Information- The tentative map shah include a north arrow, scale, total number of numbered and lettered lots, gross site area, net site area and contour interval. The gross and net density shah be identified (i.e.: dwelling units per acre for residential projects, floor area ratio for commercial/industrial projects). Location and Bounda_ry Delineation- The following items shah be represented on the tentative map: , The tentative map boundary lines shah be measured to the centerline of any existing abutting local puBHc street or any existing or proposed arterial highway. However, if any portion of the street or highway is not owned in fee by the subdivider, the owner of such street or highway shah be identified on the map, but approval for filing is not required from such owner. The final map boundary Hnes shall be to the limits of fee ownership within such streets or highways which shah be deemed to be in conformance with the tentative map; , A vicinity map showing roads, adjoining subdivisions, toWns, creeks, railroads, and other data sufficient to locate the proposed subdivision' and show its relation to the community; 3. A legal description of the land to be subdivided; . A description of the tentative map boundary in sufficient detail to describe the approximate location of the boundary lines. This description may be shown on a separate sheet accompanying the tentative map; and, . .The names and/or numbers of adjacent subdivisions and the names of owners of adjacent unplatted land. Subdivision Manual 6 March 2,1998 Gl Supplemental Information- The following items shall be represented on the tentative map: II , gl 1 1 1 V! Bi 1 The approximate lot layout and' the approximate dimensions of each lot and each building site. Engineering data shall show the approximate finished grading of each lot, the preliminarY design of all grading, the elevation of proposed building pads, the top and toe of cut and fill slopes to scale, the number of each lot, and the elevation of adjacent parcels; A consecutively numbered lot number of each proposed building site with the highest number circled; An alphabetical identification for each parcel not proposed as a building site and a summarY table identifying each lettered lot with an explanation as to its intended use, ownership and maintenance responsibility; The width and approximate locations of all existing and proposed easements or rights-of-way, whether public or private, for roads, drainage, sewers, or flood Control, slope maintenance or recreation purposes; The locations, widths and approximate grade.of all existing and pro- posed street and highway improvements including street intersections, medians, driveways and alleys, curbs and gutters, sidewalks, and pavement edges within the proposed tract. Said. locations may be shown either in plan or by reference to a cross- section shown on the tentative map; The locations and widths of all existing street and highway improve- ments, including street intersections, medians, driveways, alleys, curbs and gutters, sidewalks and edges of pavement within two hundred (200) feet of the boundaries of the proposed tract;, The locations of all areas subject to inundation or flood hazard and the locations, widths and directions Of flow of all watercourses and flood control channels; The direction and percent of drainage flow of streets and alleys; Existing topography and structures on the proposed site and within one hundred (100) feet of the proposed site, including but not limited to: Existing contours at two (2) foot intervals if the existing ground slope is less than ten percent (10%) and at not less than five (5) foot intervals, for existing ground slopes equal or greater than ten percent (10%). Contour intervals shall not be spread more Subdivision Manual 7 March 2,1998 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. than one hundred fifty (150) feet apart. Existing contours shall be represented by dashed lines or by screened lines; b, Type, circumference and dripline of existing trees with a trunk diameter of four (4) inches or more. Any. trees proposed to be- removed shall be so indicated; Ce The location and outline of existing structures identified by type. Structures to be removed shall be so marked; and, d. Existing lot lines. The location of any excavations within the subdivision or within two hundred (200) feet of any portion of the subdivision, the location of any existing wells, cesspools, sewers~ culverts, storm drains, and underground structures within the subdivision, and a statement noting whether or not such uses are to be abandoned, to be removed, or to remain; Proposed contours at two (2) foot intervals shall be shown if the existing ground slope is less than ten percent (10%) and not at less than five (5) foot intervals for existing ground slopes of ten percent (10%) or more. A separate grading plan may be submitted; A statement as to the intention of the subdivider in regard to slope planting and erosion control; Use or uses proposed in the tentative map as specified by applicable or pending zoning district regulations. If for multiple family dwelling uses (including condominittrn and Community apartment projects), the proposed number of units shall be stated; Type and extent of existing street improvements adjacent to the subdivision and diagrams of existing street sections. Type and extent of proposed street improvements, and diagrams of typical street sections; Approximate radius of all center line curves on highways, streets, alleys, and vehicular access ways; Proposed method of sewage disposal and the name of the sewering agency, and the capacity of the collector and the sewage treatment facility; . Name of proposed water supplier; Type of other utilities which are proposed to serve the subdivision, including but not limited to gas, electricity, communications, and cable television, the name of the utility company or agency that will Subdivision Manual 8 March 2,1998 20. 21. 20 3e 4g 5e 26. 27. 8J provide the service; and a notation as to whether the utilities will be aboveground or underground; The drainage area tributary to the subdivision and statements setting forth in detail, but not quantitatively, the manner in which storm runoff will enter the subdivision, the manner in which it will be carried through the subdivision, the manner in which disposal beyond the subdivision boundaries will be assured and, where applicable, with reference to any duly adopted Master Plan of Drainage; A statement certifying to one of the following and signed by the subdivider or authorized agent that: a. The subdivider is the property owner of record; or, b, The property owner of record consents to the filing of tentative map. The park location, dimensions, net area, and access if a park is. to be provided or a statement setting forth, in detail, how the requirements of parkland dedication (TCC Section 9331D) are to be accomplished; The height, area and configuration of man-made slopes shall be clearly shown. All slope areas shall be shown by tyPe; A copy. of any restrictive covenants proposed shall be appendixed to the tentative map; A "Revision Block" shall be placed on each revised tentative map and all changes shall be clearly indicated; If the subdivider plans to develop the site in phases, the proposed phases .and their proposed sequence of construction shall be shown; The subdivider shall specify if multiple maps are to be filed; and The subdivider shall specify any deviation from City standards and the justification for such deviation. Subdivision Manual 9 March 2,1998 5.4 Processing A. Review for Completeness Upon receipt of a Tentative Map application, the Community Development Department/Planning Division will forward copies of the Tentative Map to the following City Departments and agencies: · Community Development/Building Division · Public Works/Engineering · Orange County Fire Authority (contract agency) · Police · Parks and Recreation · Other departments as deemed applicable · -Redevelopment Agency as deemed applicable · Other jurisdictions as deemed applicable Within 21 working days (not to exceed 30 calendar days) following application submittal, the planner assigned to the project will forward written comments (Letter of Incompleteness) to the applicant The Letter of Incompleteness will indicate whether the application can be deemed complete, or identify items collected from the reviewing departments and agencies that must be corrected, submitted and/or revised before the application can be deemed complete. The letter will identify any additional copies of plans, exhibits or materials that are necessary for the next step in the process. The letter will also identify several potential conditions of approval that will be incorporated into the final conditions of approval if the Tentative Map is approved. Applicant 1 st Submittal City Returns Comments Applicant Resubmittal , 19 Application Deemed Complete Hearinc~ Dates Set City Returns Comments Building & Final Map Plan Check @ Builder's Risk Planning Commission Public Hearing 5 city Council ' Public Hearing L Approved~ Building & Final Map Plan Check # = City Working Days Subdivision Manual 10 March 2,1998 Once all of the requested information is resubmitted and determined to be adequate, the application can be deemed complete and will be scheduled for public hearings before the Planning Commission and City Council. Any outStanding items to make an application complete should be submitted to the Community Development Department within six (6) months of the date of notification. If the items are not submitted during this time period, the application, at the discretion of the Community Development Director, may be deemed withdrawn. B. Outside Agency_ Review No later than five (5) days after deeming the application complete, the Community Development Department will forward copies of the Tentative Map application to the School District, public utility companies and other affected agencies for review and comment. These agencies will be given 15 calendar days to submit commentS consistent with State law. Environmental Review Processing of environmental documents will be conducted in accordance with the California Environmental Quality Act (CEQA). Unless an Environmental Impact Report (EIR) is required, the preparation of the environmental documents and the commencement of the applicable public review period will generally coincide with the outside agency review period. If an EIR is required, overall processing and review times will be longer. 5.5 Hearings Tentative Map applications require a minimum of two (2) public hearings. The Planning Commission will conduct at least one hearing and make a recommendation to the City Council to approve, approve with conditions or deny the application. The City Council will conduct at least one public hearing and take action to approve, approve with conditions or deny the application. The decision of the City Council is final. Staff reports, and in most cases, draft resolutiOns containing the staff recommended - action and potential conditions of approval will be available to the property owner, applicant and public at least 72 hours .prior to each of the scheduled hearing dates. 5.6 Post Approval Requirements gJ Coun_ty Filing Fee- Within forty-eight (48) hours of project approval the applicant shall deliver to the Community Development Department, a cashier's check payable to the Orange County Clerk in the amount specified in the approval resolution. This fee is required by the Orange County Clerk to allow the City to file the appropriate environmental documentation related to the project. Failure to allow the City to file the appropriate environmental determination could lengthen the statute of limitations under which an interested party could challenge the environmental determination. Subdivision Manual ,11 March 2,1998 6.0 B, Final Map Recordation- Final Maps shall be submitted for review in accordance with Section 6.0 of this Manual and in compliance with the Tentative Map conditions of approval. · . FINAL MAPS 6.1 Applicability This section applies to the' submittal of Final Parcel Maps and Final Tract Maps in accordance with the Subdivision Code (TCC 9325). 7 6.2 Timing Final Maps should be submitted at least 90 days prior to the expiration date of the Tentative Map to allow for review, processing and recording prior to the expiration of the Tentative Map. If the Final Map has not been recorded at least 30 days prior to the expiration of the Tentative Map, and the Tentative Map qualifies for a time extension in accordance with Section 9321.H. of the Subdivision Code and Section 66452.6 of the Subdivision MaP Act, the applicant is advised to apply for an extension of time (Section 9321.H.2 of the Subdivision Code and Section 11.0 of this Subdivision Manual). If a map is not recorded with the County Recorder prior to the expiration date of the tentative map, and no time extension is granted, the approval of the tentative map shall' automatically become null and void. A new Tentative Map application and full payment of application fees·shall be required for further consideration of the subdivision proposal. 6.3 Submittal Requirements A. Application Final Map submittals shall be made to the Community Development Department. No application form is required for a Final Map submittal. However, any materials submitted should be accompanied by an itemized transmittal form. B. Fees Final Map application fees are paid to the Community Development Department at the time of application submittal. Fees are based on the latest fee schedule in effect at the time of submittal. Ce Accompanying Data & Reports The following items shall be provided and accepted as adequate prior to presenting the Final Map to the City Council for approval: Subdivision Manual 12 March 2,1998 6.4 0 All data and rePorts listed under Section 9325B.2 et seq. of the Subdivision Code, along with all applicable review/checking fees. a. Standards for public infrastructure improvements are contained in the Public Works Department document entitled Minimum Design Standards for Public Works Improvements within Public Rights of Way or Improvements to be Maintained with Public Funds. b. Standards for privately owned and maintained infrastructure improvements are provided in the Community Development Department document-entitled Construction Standards for Private' Streets, Storm Drain and On-Site Private Improvements. . A list of proposed street names for approval by the City and/or the Tustin Street Naming Committee. . A draft copy of Conditions, Covenants and Restrictions (CC&R's) and related organizational documents consistent with Section 12.1 of this Manual. The City Engineer or City Attorney may require additional materials, exhibits, data, or information as deemed necessary to accomplish the purposes of the Subdivision Map Act and the Subdivision Code. Final Map Form & Content The final map shall be prepared in a manner acceptable to the City Engineer and shall be prepared by a registered civil engineer or licensed surveyor. The final map shall be clearly and legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on polyester base film and shall contain the following information, unless waived by the City Engineer. ge Map Size- The size of each sheet shall be eighteen (18) inches by twenty-six (26) inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one (1) inch. g. Map Scale and Number of Sheets - The scale of the map shall be not less than 1''= 50' or as may be necessary to show all details clearly, and with enough sheets to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly sown. When four (4) or more sheets, including the certificate sheet are used, a key sheet shall be included. Subdivision Manual 13 March 2,.1998 Ce Do E. F. Graphic and Linear Representation- Proposed lines and features on the final map shall be represented as follows: lo Boundary: The boundary of the subdivision shall be designated by a heavy black line in such a manner as not to obliterate figUres or other data; and 2. All printing or lettering on the map shall be of one-eighth (1/8) inch minimum height and of such shape and weight as to be readily legible on prints and other reproductions made from the original drawings. Map Title- Each Sheet shall have a title showing the subdivision number and name and the location of the property being subdivided with reference to maps which have been previously recorded, or by reference to the plat of a United States Survey. The following words shall appear in the title, "City of Tustin, Orange County." Descriptive Information - There must appear on each map sheet the scale, the north point and the basis of bearings based on Zone II of the California Coordinates, and the equation of the bearing to true north. The basis of bearings shall be approved by the City Engineer. Location and Bounda _ry Delineation- The following items must be identified on the final map: le Sufficient linear, angular and radial data shall be shown to determine the bearings and lengths of monument lines, street centerlines, the boundary .lines of the subdivision, the boundary lines on every lot and parcel which is a part of the subdivision, and ties to existing monuments used to establish the boundary. Arc length, radius and total central angle and radial bearings of all curves shall be shown. Ditto marks shall not be used in the dimensions and data shown on the map; e The location and description of all existing and proposed monument~ shall be shown. Standard City monuments.shall be set at, or on the followinglocations: (a) The intersection of street centerlines; Beginning and end of curves or intersection or tangents on centerlines; and (c) At other' locations as may be required by the City Engineer. 3, The adjoining corners of all adjoining subdivisions shall be identified by subdivision number, or name when not identified Subdivision Manual 14 March 2,1998 Go by official number, and reference to the book and page of the filed map showing such subdivision; and if'no subdivision is adjacent, then by the name of the owner and reference to the recorded deed by book and page number for the last record owner; and 1 City boundaries which cross or join the subdivision shall be clearly designated. Supplemental Information- The following items shall be represented on the final map: lo All certificates 'and acknoWledgments shall be made as required by the Subdivision Map Act and shall appear only once on the cover sheet, and second sheet if needed. Certificates, affidavits and acknowledgments may be legibly stamped or printed Upon the map with Opaque.ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility; 2e Lot numbers shall begin with the number one (1) in each subdivision and shall continue consecutively with no omissions or duplications except where contiguous lands, under the same ownership, are being subdivided in successive units, in which event lot numbers may begin with the next consecutive number following the last number in the preceding unit. .Each lot shall beShown entirely on one (1) sheet of the final map; ge The names of all existing streets, alleyS, or highways adjoining the subdivision, and proposed streets within the subdivision once approved by the Community Development Department;, and, 0 Easements and dedications for roads or streets, paths, alleys, utilities, local transit facilities, storm water drainage, sanitary sewers or other public use as may be required, shall be dedicated to the public for acceptance by the City or other public agency, and the use shall be specified on the map. All easements of record shall be shown on the map, together with the name of the grantee and sufficient recording data to identify the conveyance, e.g., recorder's serial number and date, or book and page of official records. Easements not disclosed by the records in the office of the County Recorder and found by the surveyor or engineer to be existing, shall be specifically designated on the map, identifying the apparent dominant tenements for which the easement was created. Subdivision Manual 15 March 2,1998 6.5 ge Be De El° Fe The sidelines of all easements of record shall be shown by dashed lines on the final map with the widths, lengths and bearings of record. The width and location of all easements shall be approved by the Public Works Director. Processing Final Map submittals shall be deliVered in person to the Community Development Department Upon receipt of a Final Map submittal, the Community Development Department will forward the application to the' Public Works Department. The Public Works Department will then undertake formal review and processing of the request. Thereafter, the applicant will coordinate all City resubmittals directly with the Public Works staff. Final Maps are simultaneously reviewed by the City and the Orange County Public Facilities and Resources Department. The applicant is responsible for making separate submittals of Final Maps to the County for checking. The Public Works Department shall review Final Maps for completeness and substantial compliance with the applicable Tentative Maps. Within 30 days of submittal, the applicant shall be notified as to whether the maps are acceptable or if corrections are required. The City Attorney and Community Development Department shall review the draft CC&Rs for adequacy in form, content and consistency with project conditions of approval. In most cases, the applicant will be notified within 35 business days as to whether the draft CC&Rs are acceptable or if revisions are required. Upon substantial completion of Final Map checking and public improvement plans, the Public Works Department will prepare the documentation for the bonds and agreements for the deferral of any improvements required pursuant to Section 9332 of the Subdivision Code. Pursuant to Section 9332A, the City Council will not approve a Final Map until the subdivider either completes the required improvements or enters into an agreement with the City to guarantee the completion of such improvements. After all corrections to the Final Map have been made and deemed acceptable to the County and the City Engineer, all improvement agreements have been signed and bond amounts paid, the CC&Rs have been approved as to form and all applicable conditions of the tentative map have been satisfied, the Community Development Department will schedule the Final Map for the next available City Council agenda as a consent calendar item. Upon notification that the application is complete, the applicant shall provide the Community Development Department with one (1) set of 81/2'' x 11" KP-5 photographic reductions of each map sheet. Subdivision Manual 16 March 2,1998 Ge Upon receiving evidence that the applicant has complied with the conditions of approval for recordation imposed upon the Tentative Map approval, and all applicable provisions of the Subdivision Code and Subdivision Map Act, the City Council will approve the Final Map by adoption of a resolution prepared by the Community Development Department. 6.6 Post Approval Requirements ge Upon City Council approval of the Final Map, the applicant shall comply with the Post Approval Procedures listed' under Section 9325G of the Subdivision Code. g. In addition to the full size plans 'specified in Section 9325G.1 of the Subdivision Code, the approved version of all final development plans including, but not limited to Final Maps, right-of-way maps, records of survey, public works improvements, private infraStructure improvements, final grading plans, and site. plans shall also be submitted to the Public Works Department/Engineering Division in computer aided design and drafting · (CADD) format. The acceptable formats shall be Integraph DGN or AutoCad DWG file format, but in no case less than DXF file format- The City of Tustin CADD conventions shall be followed in preparing plans in CADD, and these guidelines are available from the Engineering Division. The CADD files shall be sUbmitted to the City at the time the plans are approved, and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The Subdivision Bonds will not be released until the required CADD files have been submitted tot he Engineering Division. REVERSIONS TO ACREAGE 7.1 Applicability This section applies to the submittal and processing of Reversions to Acreage initiated by the property owner(s) in accordance with the Subdivision Code (TCC 9326). 7.2 Submittal Requirements A. Petition Petition forms may be obtained from the Public Works Department- The petition shall include the name, address and telephone number of the record owners of all parcels involved in the proposed reversion. The petition shall indicate which, if any, parcels are under exclusive ownership and shall identify the owner(s) of each parcel. Subdivision Manual 17 March 2,1998 Be Ce De ' Preliminary Title Report One or more preliminary title reports covering all parcels affected by the proposed Reversion to Acreage shall be provided. The report(s) shall be dated within thirty (30) days of the date that the petition is submitted. If the processing time exceeds six (6) months, an updated title report shall be provided and shall be updated for every succeeding six-month processing time period. Grant deeds or property profiles in lieu of title reports will not be accepted. Evidence of Authority to File Pursuant to Subdivision Code Section 9326C.2, at least one of the following shall be provided: le Evidence of the consent of all of the owners of an interest in the property. Each record owner must sign letter of authorization form prescribed by the Public Works Department. All authorization forms shall be Wet-signed and notarized. e ge Evidence that none of the improvements required to be made have been made within two (2) years from the date the final map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later. The form of such evidence shall be determined by the City Engineer. Evidence that no lots shown on the final or parcel map have been sold within five (5) years from the date such final or parcel map was filed for record. The form of such evidence shall be determined by the City Engineer. Noticing Materials Reversions to Acreage are subject to a noticed public hearing before the City Council. Noticing materials shall be provided as follows: 1. 300-foot Radius Map a. Size: Maximum 11"x 17" b. Scale: Not less than i''= 200' c. Contents: i) iO Designation of the subject property by either shading or other conspicuous graphic method. All of the area within a 300' radius from the exterior property lines of the subject property; A line indicating the 300' radius; Subdivision Manual 18 March 2,1998 Ee F. 7.3 go Be iv) Identification of the Assessor's Parcel Number for all properties, including the subject property, entirely or partially within the 300'radius; and v) Streets, street names, north arrow and map scale; vi) A title block in the lower right comer containin'g the name and address of the applicant(s) and date of map preparation. 2. Mailing Labels Contents: 81/2'' x 11' pre-gummed mailing label sheet TWo (2) sets This list shall contain the Assessor's Parcel Number, owner's name and mailing address of the subject property and of each property identified entirely or partially within the 300' radius of the subject proPerty. This list must be typed or legibly printed on the pre- gummed labels. The order of the labels on the sheet(s) must be in numeric order by Assessor's Parcel Number. Samp. le Label 123456-78 Johnny Owner 12345 E. Main Street Tustin, CA 92780 Final Map A final parcel or tract :map shall be prepared as prescribed under Section 6.0 of .this Manual, with the following language added to the rifle: "THE PURPOSE OF THIS MAP IS A REVERSION TO ACREAGE." Submittal in CADD format shall also be required in accordance with Section 6.6. Fees Final Map application fees are paid to the Community Development Department at the time of application submittal. Fees are based on the latest fee schedule in effect at the time of submittal. Processing Reversion to Acreage applications are submitted to the Community Development Department. Upon receipt of Reversion to Acreage submittal, the Community Development Department will forward the application to the Public Works Department, which will then undertake formal review and processing of the request. The applicant will coordinate all resubmittals and other review functions directly with the Public Works staff. The Public Works Department will review the Reversion to Acreage application for completeness in accordance with Section 7.2 above. Within 30 Subdivision Manual 19 March 2,1998 8.0 C. days of submittal, the applicant shall be notified as to whether the application is complete or if additional or corrected information or materials are required Once the application is determined to be complete, the Community Development Department will schedule the proposal for a public hearing on an upcoming City Council aganda. Upon notification that the application is complete, the applicant shall provide the Public Works Department with one (1) set of 81/2'' x 11" KP-5 Photographic reductions of the map sheets. D, The City Council will approve or deny the request by adoption of a resolution prepared by the Community Development. An approval resolution may include conditions supported by the findings-required by Section 66499.16 of the Subdivision Map Act. Required conditions are enumerated under Section 9326E of the Subdivision Ordinance. E. Prior to approval by the City Council, the subdivider shall submit to the City Engineer the original tracing of the map and any duplicates per County requirements, corrected to its final form and signed by all parties required to execute the certificates on the map. Original signatures shall appear on the original drawing and on the blueline duplicate. Upon receipt of all required certificates and submittals, the City Engineer will sign the appropriate certificates and transmit the original map to the City Clerk. When reversion becomes effective, all fees and deposits not retained per Subdivision Code Section 9326.E (Findings and Decision) will be returned. F. Upon approval of the final map by the Council, and signature by the City Clerk and City Engineer, the Engineering Division will transmit the map, or have an authorized agent forWard the map, to the County Recorder. LOT LINE ADJUSTMENTS sa Appt ca mty This section applies to the submittal and processing of Lot Line Adjustments in accordance with Section 9322 of the Subdivision Code. 8.2 Submittal Requirements The items listed below constitute a complete Lot Line Adjustment application. The Community Development Department will accept Lot Line Adjustment applications upon submittal of the following: g. Application Form Application forms may be obtained from .the Public Works Department. The application form shall identify the name, address and telephone number of the record owners of all parcels inVolved prior to the adjustment. The ownership information shall 'be numbered to correspond to the pre- adjustment parcel numbering on the Lot Line Adjustment map. All record Subdivision Manual 20 March 2,1998 g. Co D! owners must include a notarized signature on the cerlifica~on statement of the application form. Wet signatures shall be provided on the application form. Legal Descriptions (Exhibit "A") A legal description of each parcel after the proposed adjustment shall be provided. The legal descriptions shall be wet-signed and stamped by a California Registered Civil Engineer or Licensed Land Surveyor. Lot Line Adjustment Map (Exhibit "B") The Lot Line Adjustment map must be drawn in black ink on an 81/2'' x 11" form consistent with current conventions. The map must be clear and readable. The map shall include the following information: 1. Map scale and north arrow. e The location of the subject property in relation to existing adjacent streets. . The existing and proposed lot layout. Show bearings and distances for all parcel lines. A heavy solid line shall be used for the project boundary, solid lines for the proposed property lines and light dashed lines for existing property lines to be adjusted. e Pre-adjustment and post-adjustment numbering for each parcel. The lettering style shall be clearly differentiated between the pre- adjustment and post-adjustment parcel numbers (typically shadow or dashed-line and solid line, respectively). 5. Gross area of each proposed parcel. e California Registered Civil Engineer or Licensed Land Surveyor wet signature and stamp. Site Plan Since only certain information can be on the recordable Lot Line Adjustment map, a separate site plan may be required if one or more properties are developed or approved to be develOped to verify compliance with other applicable City ordinances, such as the Zoning Code and Building Code. The following information shall be included on the site plan: le The location and width of all existing or proposed easements or rights-of-way, whether public or private, for roads, drainage, sewers or flood control purposes. Label the easements as existing or proposed and indicate to whom the easement is granted. Subdivision Manual 21 March 2,1998 Eo Fo $.3 ge Bo Ce 2, The location of any above-ground or below-ground, shnac~ares, driveways and vehicular access paths on the site. Distances from proposed proPerty lines to the slruc~res shall be dimensioned on the site plan. The requirement for a site plan may be waived by the Community Development Director if consistency with the Zoning Code and Building Code can otherwise be determined. Prelimina _ry Title Report One or more preliminary title reports covering all parcels affected by the .proposed Lot Line Adjustment shall be provided. The report(s) shall be dated within thirty (30) days of the date that the Lot Line Adjustment application is submitted. If processing time exceeds six (6) months, an updated title report shall be provided and shall be updated for every succeeding six-month processing time period. Grant deeds or property profiles in lieu of title reports will not be accepted. Fees Lot Line Adjustment application fees are paid to the Community Development Department at the time of application .submittal. Fees are based on the latest fee schedule in effect at the time of submittal. Processing. Lot Line Adjustment applications shall be submitted to the Community Development Department. Upon receipt of a LOt Line' Adjustment application, the Community Development Department will forward the application to the Public Works Department. The Public Works Department will assign a Lot Line Adjustment number to the application and undertake formal review and processing of the request. Thereafter, the applicant shall coordinate all resubmittals and other processing functions directly with the Public Works staff. The Public Works Department shall review the Lot Line Adjustment application for completeness in accordance with Section 8.2 above. Within' 30 days of submittal, the applicant shall be notified as to whether the application is complete or if additional or corrected information or materials are required In addition to reviewing the application for completeness, the Public Works Department, in consultation with the Community Development Department, shall determine that the proposed Lot Line-Adjustment complies with the following requirements of the Subdivision Code (TCC Section 9322D): 1, A greater or fewer number of properties would not be created with the approval of the Lot Line Adjustment; Subdivision Manual 22 March 2,1998 9.0 . The proposed adjustments to the existing properties will result in compliance with applicable zoning and building codes; and, 3. The proposed adjustments are in compliance with the 'City's Subdivision Code and the Subdivision Map Act. De Once the Lot Line Adjustment application is determined to be complete, the Public Works Department will schedule the proposal for City Council consideration. E. The City Council will approve or deny the request by. adoption of a resolution prepared by the Public Works Department. An approval resolution may include reasonable and necessary conditions of approval that must be satisfied prior to recordation to ensure compliance with item C above. F. Upon approval and satisfaction of any conditions imposed, the Public Works Department shall forward the appropriate documents to the County Recorder. The Lot Line Adjustment must be recorded within two years of approval or by the expiration date specified in the resolution. Time extensions may be granted in compliance with Section 9321.H. of the Subdivision Code and Section 11.0 of this Subdivision Manual. If the applicant fails to satisfy the applicable conditions prior to the final expiration date, the approval will be deemed null and void. Ge The property owner(s) shall record any grant deeds or title transfers needed to correspond to the Lot Line Adjustment. PARCEL MERGERS 9.1 Applicability This section applies to the submittal and processing of owner-initiated Parcel Mergers in accordance with the Subdivision Code (TCC 9327). The terms "Parcel Merger" and "Lot Merger" are interchangeable. The requirements and procedures for City-initial~od Parcel Mergers are provided in Section 9327C through G of the Subdivision Code. If a Parcel Merger is required as a condition of approval for a land use application (i.e. Design Review, Conditional Use Permit, etc.), the Merger request shall be processed as an owner-initiated application. 9.2 Submittal Requirements The items listed below constitute a complete Parcel Merger application. The Community Development Department will accept Parcel Merger applications only upon submittal of the following: Subdivision Manual 23 March 2,1998 g. Be De Application Form Application forms .may be obtained from the Community Development Department. The application form shall identify the name, address and telephone number of the record owners of all pa.rcels involved prior to the merger. The Ownership information shall be numbered to correspond to the pre-merger parcel numbering on the Parcel Merger map. All record 'owners must include a notarized signature on the certification statement of the application form. Wet signatures shall be provided on the application form. Waiver of Right of Hearing and Notice Public hearings are not required for the consideration Parcel Merger requests.- The property owner(s) may sign a Waiver of Right of Hearing and Notice to · facilitate a shorter processing schedule. Legal Descriptions (Exhibit "A"). A legal descriPtion of the parcel resulting from the proposed merger shall be provided.. The legal description shall be wet-signed and stamped by a California Registered Civil Engineer or Licensed Land Surveyor. Parcel Merger Map (Exhibit "B") The Parcel Merger map must be drawn in black ink on an 81/2'' x 11" form consistent with current conventions. The map must be clear and readable. The map shall include the following information: e Map scale and north arrow. The location of the subject property in relation to existing adjacent streets. The existing and proposed lot layout. Show bearings and distances for all parcel .lines. A heavy solid line shall be used for the project boundary, solid lines for the proposed property lines and light dashed lines for existing property lines to be deleted. . . . Numbering for each parcel prior to the proposed merger, drawn in. light dashed lines. Gross area of each parcel prior to the propOSed merger.. California Registered Civil Engineer or Licensed Land Surveyor wet signature and stamp. Subdivision Manual 24. March 2,1998 D. Site Plan Since only certain information can be on the recordable Parcel Merger map, a separate site plan may be required if one or more properties are developed or approved to be developed to verify complianCe with other applicable City ordinances, such as the Zoning Code and Building Code. The following information shall be included on the site plan: Ee F. 9.3 . The location and width of all existing or proposed easements or rights-of-way,, whether public or private, for roads, drainage, sewers or flood control purposes. Label the easements as existing or proposed and indicate to whom the easement is granted.. . The location of any above-ground or below-ground structures, driveways and vehicular access paths on the site. Distances from proposed property lines to the structures shall be dimensioned on the site plan. The requirement for a site plan may be waived by the Community Development Director if consistency with the Zoning Code and Building Code can otherwise be determined. Preliminary Title Report One or more preliminary title reports covering all parcels affected by the proposed Parcel Merger shall be provided. The report(s) shall be dated within thirty (30) days of the date that the Parcel Merger application is submitted. If processing time exceeds six (6) months, an updated title report shall be provided and shall be updated for every succeeding six-month processing time period. Grant deeds or property profiles in lieu of title reports will not be accepted. Fees Parcel Merger application fees are paid to the Community Development Department at the time of apph'cation submittal. Fees are based on the latest fee schedule in effect at the time of submittal. Processing Parcel Merger applications shall be submitted to the Community Development Department. Upon receipt of a Parcel Merger application, the Community Development Department will forward the application to the Public Works Department. The Public Works Department will assign a Parcel Merger number to the application and undertake formal review and processing of the request. Thereafter, the applicant shall coordinate all resubmittals and other processing functions directly with the Public Works staff. Subdivision Manual 25 March 2,1998 Be Cw The Public Works Department shall review the Parcel Merger application for completeneSs in accordance with Section 9.2 above. Within 30 days of submittal, the applicant shall be notified if the application is complete or if additional or corrected information or materials are required In addition to reviewing the application for completeneSs, the Public Works Department, in consultation with the Community Development Department, shall determine that the proposed Parcel Merger complies with the following requirements of the Subdivision Code (TCC Section 9327B.1 and 2): .D. le At least one of the affected parcels or units of land is undeveloped with any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure other than an accessory structure which is also partially sited on a contiguous parcel or tmit of land. With respect to any affected parcel or unit of land, one (1) or more of the following conditions exists: ae The parcel comprises less than five thousand (5,000) square feet in area at the time of the determination of merger; be The parcel was not created in compliance with applicable laws and ordinances in effect at the time of its creation; C. The parcel does not meet current standards for sewage disposal and domestic water supply; d. The parcel does not meet slope stability standards; e, The parcel has no legal access which is adequate for vehicular and safety equipment access and maneuverability; The parcel's development would create health or safety hazards; or, go The parcel is inconsistent with the General Plan and any applicable specific plan, other than minimum lot size or density standards. Once the Parcel Merger application is determined to be complete, the Community Development Department will simultaneously file the following with the County Recorder: 1. Notice of Intention to Determine Status; Subdivision Manual 26 March 2,1998 2. Waiver of Right of Hearing and Notice; and 3. Notice of Merger. Failure to sign a Waiver of Right of Hearing and Notice will require first the filing of a Notice of Intention to Determine Status, a public hearing before the Planning Commission, and then the filing of a Notice of Merger. Pursuant to Subdivision Map Act 66451.12, the Parcel Merger' will become effective upon recordation of the Notice of Merger. 10.0 CERTIFICATES OF COMPLIANCE 10.1 ApplicabilitY This section applies to the submittal and processing of Certificate of Compliance applications in accordance with the Subdivision Code crcc 9333c). Each Certificate of Compliance application may correspond to only one (1) parcel of record. 10.2 Submittal Requirements The following items shall be submitted to the Community Development Department at the time of application submittal for a Certificate of Compliance: A. Letter of Request Bo A letter of request shall be submitted setting forth the details of the application .... · Map (2 copies) A map, legibly drawn in black ink to an engineer's scale with the scale shown on the map, shall .be provided. The folloWing information shall be included on the map: . The boundaries of the subject parcel with dimensions; . . The gross area of the subject parcel; The location, width and names' of all on-site or adjacent streets and roads. .4. The location and width of all on-site or adjaCent, existing or proposed, easements or rights-of-way, whether public or private. Label the easements as existing or proposed and indicate to whom the easement is granted. e The location, size and type.of all existing on-site or adjacent utilities. Subdivision Manual 27 March 2,1998 De Ee Em 10.3 ge g. . The location and use of any above-ground or below-ground strUdums, driveways and vehicular access paths on the site. Distances from proposed property lines to the structures shall be dimensioned on the site plan. 7. Vicinity map; . Name, address,' telephone number and signature of current property owner; . Name address and telephone number of the person preparing the map; 10. Current zoning on the property; and, 11. Current AsSeSsor's Parcel Number(s). Preliminary Title Report One or more preliminary title reports covering all parcels affected by the proposed Parcel Merger shall be provided. The report(s) shall be dated within thirty (30) days of the date that the Certificate of Compliance application is sUbmitted. If processing time exceeds six (6) months, an updated title report shall be provided and shall be updated for every succeeding six-month processing time period.' Grant deeds or property profiles in lieu of title reports will not be accepted. Legal Description A legal description for the subject property shall be provided on a separate sheet of 81/2'' x 11" plain white paper, mechanically printed in black type to ensure legible, recordable copies. Fec~ Certificate of Compliance application fees are paid to the Community Development Department at the time of application submittal. Fees are based on the latest fee schedule in effect at the time of submittal. Processing Upon receipt of a complete Certificate of Compliance application, the Community Development Department will forward a copy of the map, legal description and supporting documents to the Public Works Department for checking. Within 30 days of submittal, the Community Development Department will determine whether or not the subject property complies with the provisions of the Subdivision Map Act and the Subdivision Code. During the same time Subdivision Manual 28 March 2,1998 period, the Public Works Department will notify the Community Development Department if corrections to the map and/or legal description are needed. lo If the real property complies with' the provisions of the Subdivision Map Act and the Subdivision Code, and all necessary map and legal description corrections have been made by the applicant, the Community Development Department will file a Certificate of Compliance with the County Recorder. The Certificate of Compliance shall identify the real property and shall state that the subject property complies with the provisions of the Subdivision Map Act and the Subdivision Code. . If the real property does not comply with the provisions of the Subdivision Map Act or the Subdivision Code, the Director may file a Conditional Certificate of Compliance in accordance with gection 66499.35(b) of the Map Act. A Conditional Certificate of Compliance . will specify conditions that must be fulfilled prior to the subsequent issuance of permits or other land use entitlements. A Conditional Certificate of Compliance will serve as a deed restriction recorded against the title of the subject property. . If the Community Development Director finds that development of the subject property is contrary to the public health or safety (such as location within a flood plain), a Certificate of Compliance shall not be issued and no further action shall be taken unless such finding is appealed to the Planning Commission. 10.4 Certificate of Compliance Required When a waiver frOm the requirement for a tentative or final map has been approved by the Community Development Director in accordance with the Subdivision Code (TCC 9314), a Certificate of Compliance shall be required and must be applied for in accordance with this Manual A Certificate of Compliance recorded for such purposes shall include a Tax Certificate in accordance with Section 9325.B.4 of the Subdivision Code. In addition, such a Certificate of Compliance may also include, as a prerequisite to development, conditions for payment of parkland dedication and other fees allowed by law. 11.0 TIME EXTENSIONS. 11.1 Applicability This section applies to the submittal of time extensions in accordance with Section 9321.H. of the Subdivision Code. The Zoning Administrator is authorized to approve a time extension of not more than twelve (12) months from the original expiration date (TCC 9299b(4)(d)). Requests for time extensions beyond twelve (12) months from the original expiration Subdivision Manual 29 March 2,1998 1Z0 da~e are subject to approval by the City Council after recommendation by the Planning Commission. 11.2 Submittal Requirements Requests for time extensions shall be submitted to the Community Development Department at least thirty (30) days prior to the expiration date of the~ approved Tentative Map. A timely request shall consist of the following items: . A. Letter of Request - A written request shall be provided stating the reasons that a time extension is. needed. The letter of request must demonstrate that a good faith attempt was made to record the subdivision prior to the Tentative Map expiration date. Bo Noticing Materials - An updated 300' radius map and two (2) sets of updated mailing labels shall be provided in accordance with. the Community Development Department's Instructions for Filing a Development Application. C, Fees - Fees are based on the latest fee schedule in effect at the time of submittal for an extension of time request. 11.3 Processing Within thirty (30) days of receipt of an extension of time request in accordance with 'the above submittal requirements, a public hearing will be scheduled before the Zoning Administrator or Planning Commission, whichever is applicable. Staff reports and draft resolutions will be available to the applicant and public at least 72 hours prior to each applicable hearing date. The Zoning Administrator's decision is final unless appealed to the Planning Commission. The Planning Commission's decision is final unless appealed to the City Council. The City Council's decision is final. MISCELLANEOUS PROVISIONS 12.1 CC&Rs Prior to approval of a final map, all organizational documents for the project including CC&Rs and any other deed restrictions shall be submitted to the Community Development Department and approved by the City Attorney. Costs for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department after recordation. Typical CC&R provisions include, but are not limited to, the following: ge The City Shall be included as a party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest, as reflected in the following provisions. However, the City shall not be obligated to enforce the CC&Rs. Subdivision Manual 30 March 2,1998 B. The requirement that association bylaws be established. Ce De Ee Fe Go He Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaped areas and lots, walls and fences, private roadways (i.e., walks, sidewalks, trails) and paseos. Membership in any Homeowner's Association shall be inseparable from ownership in individual lots. ArChitectural controls shah be provided and may include but ~ot be .limited to provisions regulating exterior finishes, roof materials, fences and walls, accessory structures .such as patios, sunshades, trellises, gazebos, awnings, room additions, exterior mechanical equipment, television and radio antenna, except satellite earth station antennas may be permitted as provided by law. Maintenance standards shah be provided for applicable items list~l in Section C above in CC&Rs. Examples of maintenance standards are shown below: le All common area landscaping and private areas visible from any public way shall be properly maintained. All trees and shrubs shall be trimmed so they do not impede pedestrian traffic along the walkways. Trees shah be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All. trees shah also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways and structures. . All private roadways, sidewalks and paseos shall be maintained to ensure safe conditions for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations and debris on travel ways should be removed or repaired promptly. Pedestrian access at the main project entry shall remain open and accessible to the public at all times. Homeowner's Association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Tustin Community Development Departmen. t. All plans for exterior improvements shall conform to requirements set forth by the City and the CC&Rs. Residents shall not store or park any non-motorized vehiCles, trailers or motorized vehicles that exceed 7 feet high, 7 feet wide and 19 feet long in any parking space, driveway or private street area except for purpose of loading~ unloading, making deliveries or emergency repairs except that the Homeowner's Association may adopt rules and regulations, to authorize exceptions. There shall be no parking of any kind on driveways that are less than 19 feet in length. Subdivision Manual 31 March 2,1998 Ne O. Pm Q. R, Parking spaces shall be permanently maintained at a rate of two garage spaces per each dwelling unit. Additional unassigned on-street guest spaces shall also be permanently provided. Individual units shall not have separate external television and radio antennas., except satellite earth station antennas of one (1) meter or less in diameter for residential uses (two (2) meters or less for commercial or industrial uses) may be permitted as provided by law. All utility services serving the site shall be installed and maintained underground: The Association shall be required to file the names, addresses, and telephone numbers of at least one member of the Association Board and where applicable, a Manager of the project before January 1st of each year with the City of Tustin Community Development Department for the purpose of contacting the association in the case of emergency or in those' cases where the City has an interest in CC&R violations. Disclosure information related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Development Department. The Association shall be responsible for establishing and' following procedures for providing entry gate access to the public utilities for maintenance of their facilities within the project area, subject to those agencies' approval. No amendment to alter, modify, terminate or change the Homeowner's Association's obligation to maintain the common areas and the project perimeter wall (include if the wall is located on private property), or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall shall be permitted without the prior written approval of the City of Tustin Community Development Department. Disclosure to all future homeowners and purchasers of property that surrounding properties may be developed in accordance with City. ordinances in a manner which may partially or totally obstruct views from the owner's unit, and that the City of Tustin makes no claim, warranty or guarantee that views from any unit will be preserved as development of surrounding properties occurs. Maintenance of all slopes and drainage devices on individual lots within fenced yard areas shall be the responsibility of the individual, property owner. Disclosure to all future homeowners of the specific location and type of structures which will be located within the public utility easement. Subdivision Manual 32 March 2,1998 Se Individual property owners shall park vehicles in garage spaces. Storage of personal items may occur in the garages only to the extent that vehicles may still be able to be parked within the required garage spaces. 12.2 Concurrent Processing of other Applications When an application governed by the Subdivision Code is processed concurrently with a land use application governed by the Zoning Code, the final determination for all applications shall be made at the highest level of review authority. Separate application fees shall be payable at the time of submittal; however, only one set of environmental review fees shall be required. 12.3 Concurrent Processing of Tentative Maps Inconsistent with Existing Zoning or General Plan Designation When a tentative map that is inconsistent with the applicable zoning district regulations is filed in compliance with the provisions of the Subdivision Code and this Manual the application will be accepted if the following'criteria apply: ge The Tentative Map is filed concurrently with or subsequent to the filing or initiation of a Zone Change, Code Amendment and/or General Plan Amendment; and g. The Tentative Map is in compliance with the 'zoning regulations that would become effective if the proposed Zone Change, Code Amendment and/or General Plan Amendment is adopted. 12.4 Condominium Maps Tentative and Final maps for condominiums, condominium conversions, community apartment projects and stock cooperatives shall be filed and processed in accordance with Sections 5.0 and 6.0 of this Manual unless exempt pursuant to Section 9313 of the Subdivision Code. The purpose of such a subdivision shall be clearly and conspicuously stated on the map. 12.5 Model Complex Construction Prior to Map Recordation Prior to release of building permits, including grading permits, all conditions of approval of for the subject project shall be complied with. However, building permits for model home construction prior to approval of a final map may be granted provided that approvals have been obtained from the Community Development, Public Works and Fire Departments. Model homes shall not be granted Certificates of Occupancy for dwelling purposes until the final maps have been recorded for the properties on which the model homes are located. Subdivision Manual 33 March 2,1998 12.6 Reciprocal Access If a subdivision or lot line adjustment will create a 'situation requiring reciprocal access for vehicular, pedestrian and/or other purposes, and no other governing documents are proposed, a Covenant of Easement, or other type of deed restriction approved by the City Attorney, shall be recorded to ensure that reciprocal access is maintained in perpetuity. Covenants of Easement shall follow the form and content prescribed by the City Attorney. Prior to City Council approval of a Final Map or Lot Line Adjustment, a draft Covenant of Easement shall be submitted to the Planning Division for review and approval by the City Attorney. Costs for such review shall be borne by the subdivider. A copy of the final Covenant of Easement shall be submitted to the Community Development Department after recordation. Subdivision Manual 34 March 2,1998