HomeMy WebLinkAbout07 PC REPORT SUB MANUALAG NDA R PORT
MEETING DATE: DECEMBER 9, 2014
TO: PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: SUBDIVISION MANUAL
RECOMMENDATION:
That the Planning Commission receive and file the Subdivision Manual.
BACKGROUND:
ITEM #7
On September 3, 2013, the City Council adopted Ordinance No. 1430 approving Code
Amendment 2013 -002, a comprehensive amendment to the Tustin Subdivision Code
(Article 9, Chapter 3) that included removing outdated language, ensuring consistency
with the State Subdivision Map Act and current City practice, and streamlining the
subdivision process.
Section 9311 e of the Subdivision Code provides the Director of Community Development
with the authority to generate a Subdivision Manual that contains the rules, procedures
and interpretations as may be necessary to administer the Subdivision Code. This
Subdivision Manual update is being provided to the Planning Commission since it has
been updated comprehensively to reflect the changes in the subdivision process
codified through Ordinance No. 1430. Future subsequent amendments or revisions will
be processed administratively as authorized by the Tustin Subdivision Code.
On October 28, 2014, the Draft Subdivision Manual was transmitted to the Planning
Commission and staff will provide a presentation regarding the Draft Manual during the
December 9, 2014 Planning Commission meeting.
DISCUSSION:
Document Organization
The proposed Subdivision Manual is organized into several sections that address various
subdivision entitlements, processes and procedures as follows:
• Introduction — This section describes the City's authority over subdivision
entitlements, the manual's scope and purpose, and review and approval bodies.
Planning Commission Report
Subdivision Manual
Page 2
• Relationship to Other Documents — This section includes information about other
documents pertinent to the subdivision and development process such as the
Subdivision Map Act, Subdivision Code, General Plan Land Use Element, Zoning
Code, Grading Manual and Construction Standards.
• Application and Map Types — This section briefly describes the various types of
applications and projects subject to the Subdivision Code.
• Application Processing — Multiple sections address the requirements for
submitting subdivision applications, review procedures, public noticing, review
cost tracking, map recording, etc. for the following entitlements:
o Lot Line Adjustment
o Tentative Parcel and Tract Map
o Final Parcel and Tract Map
o Reversions to Acreage
o Parcel Merger
o Certificates of Compliance
• Dedications, Reservations and Development Fees — This section addresses the
various dedication, reservation and development fees that may be required as
part of a subdivision project such as, but not limited to, parkland dedication,
street and other infrastructure improvements, and school fees.
• Miscellaneous Provisions — This section addresses miscellaneous requirements
and processes that may apply to subdivision projects including appeals,
reciprocal access, condominium maps and concurrent processing of other
applications.
Key Changes
The following summarizes the key changes reflected in the proposed Subdivision
Manual:
• Reflects the streamlined Parcel and Tract Map processing requirements. The
previous Subdivision Manual described the requirement for City Council approval
for both the Tentative Map and Final Map projects. The proposed Subdivision
Manual describes that Tentative Maps require approval from the Planning
Commission and Final Maps would be approved by the Community Development
Director, eliminating several unrequired stages of review and processing.
Planning Commission Report
Subdivision Manual
Page 3
• Clarifies the various roles and responsibilities of different City departments. The
proposed Subdivision Manual establishes the Community Development
Department as the lead department for processing all subdivision projects.
• Provides processing and requirement information for the applicant and staff so
that both can refer to one document for guidance. It also provides clarity on what
actions or documents are required from both.
• Provides expanded descriptions on project processing to clarify the incremental
steps for submitting an application, generating the required map documents, and
agency roles in recording the executed final maps.
• Provides web links to other resources to help facilitate the gathering of
information and application material. The web links include links to City
application forms, standards, guidelines and other agencies involved in the
subdivision process.
• Discusses general County of Orange procedures to provide a complete
description of the subdivision process, all the way to certification and recordation.
Edmelynn . Hutter
Senior Planner
Attachment: Subdivision Manual
tee-- k & , Z �i;; -, 4 �- a�-44
Elizabeth A. Binsack
Community Development Director
ATTACHMENT A
SUBDIVISION MANUAL
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Subdivision Manual
Community Development Department
300 Centennial Way
Tustin, CA 92780
(714) 573 -3140
December 2014
TuSTIN
BUILDING OUR FUTURE
HONORING OUR PAST
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TABLE OF CONTENTS
1.0 INTRODUCTION AND GENERAL PROVISIONS .................................................. ..............................1
1.1 Authority ............................................................................................................................................. ..............................1
1.2 Scope and Purpose .............................................................................................................................. ..............................1
1.3 Review and Approval Bodies ............................................................................................................... ..............................1
1.4 Authority for Subdivision Process ........................................................................................................ ..............................3
1.5 Disclaimer ........................................................................................................................................... ..............................4
2.0 DEFINITIONS .................................................................................................... ..............................4
3.0 RELATIONSHIP TO OTHER DOCUMENTS ........................................................... ..............................4
3.1 Subdivision Map Act ............................................................................................................................ ..............................4
3.2 Subdivision Code ................................................................................................................................. ..............................5
3.3 Tustin General Plan Land Use Element ................................................................................................ ..............................5
3.4 Zoning Code (TCC 9211 et seq.) ........................................................................................................... ..............................5
3.5 Panned Community Documents ......................................................................................................... ..............................5
3.6 Grading Manual ................................................................................................................................... ..............................5
3.7 Construction Standards for Private Streets, Storm Drains, and On -Site Private Improvements ........... ..............................5
3.8 Standard Plans and Design Standards for Public Works Construction .................................................. ..............................5
4.0 " "WHAT DO I FILE?"— APPLICATION AND MAP TYPES ..................................... ............................... 6
5.0 GENERAL APPLICATION AND PROCESSING INFORMATION ............................ ..............................7
5.1 Application Filing and Fees .................................................................................................................. ..............................7
5.2 Initial Application Review / Environmental Assessment ...................................................................... ..............................7
5.3 Concurrent Processing ......................................................................................................................... ..............................7
5.4 Noticing Materials ............................................................................................................................... ..............................8
5.5 Notice of Public Hearing ...................................................................................................................... ..............................8
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5.6 Appeals ............................................................................................................................................... ..............................9
5.7 Tracking Time and Review Cost ........................................................................................................... ..............................9
6.0 LOT LINE ADJUSTMENT (TCC 9322) .................................................................. ..............................9
6.1 Purpose .............................................................................................................................................. .............................10
6.2 Applicability ....................................................................................................................................... .............................10
6.3 Submittal Requirements ..................................................................................................................... .............................10
6.4 Processing .......................................................................................................................................... .............................11
7.0 TENTATIVE PARCEL AND TRACT MAPS (TCC 9323 & 9324) ............................. .............................14
7.1 Purpose .............................................................................................................................................. .............................14
7.2 Applicability ....................................................................................................................................... .............................14
7.3 Submittal Requirements ..................................................................................................................... .............................16
7.4 Processing .......................................................................................................................................... .............................21
7.5 Correction and Amendment of Tentative Map ................................................................................... .............................26
8.0 FINAL PARCEL AND TRACT MAPS (TCC 9325) ............................................... ............................... 26
8.1 Purpose .............................................................................................................................................. .............................26
8.2 Applicability ....................................................................................................................................... .............................26
8.3 Submittal Requirements ..................................................................................................................... .............................26
8.4 Processing .......................................................................................................................................... .............................30
8.5 Correction and Amendment of Final Map ........................................................................................... .............................33
9.0 REVERSIONS TO ACREAGE (TCC 9326) ............................................................ .............................35
9.1 Purpose ............................................................................................................................................ ............................... 35
9.2 Applicability ....................................................................................................................................... .............................35
9.3 Submittal Requirements ..................................................................................................................... .............................35
9.4 Processing .......................................................................................................................................... .............................36
10.0 PARCEL MERGER (TCC 9327) ........................................................................... .............................38
10.1 Purpose ........................................................................................................................................ ............................... 38
10.2 Applicability ................................................................................................................................... .............................38
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10.3 Submittal Requirements ................................................................................................................ .............................38
10.4 Processing of Mergers Initiated by the Property Owner ................................................................. .............................40
10.5 Processing of Mergers Initiated by the City .................................................................................... .............................42
11.0 CERTIFICATES OF COMPLIANCE (TCC 9333B) ................................................. .............................43
11.1 Purpose .......................................................................................................................................... .............................43
11.2 Applicability ................................................................................................................................... .............................43
11.3 Submittal Requirements ................................................................................................................ .............................43
11.4 Processing ...................................................................................................................................... .............................44
12.0 DEDICATIONS, RESERVATIONS AND DEVELOPMENT FEES. on soon @no none mono mosommons mosommommom m someone on women women 46
12.1 Purpose .......................................................................................................................................... .............................46
12.2 Applicability ................................................................................................................................... .............................46
12.3 Dedication of Streets, Alleys, Bicycle Paths and Other Public Rights -of -way or Easements ............ .............................46
12.4 Waiver of Direct Access Rights ....................................................................................................... .............................46
12.5 Dedications / Fee Title ................................................................................................................... .............................46
12.6 Parkland Dedication and In Lieu Fees ............................................................................................. .............................47
12.7 Reservations .................................................................................................................................. .............................50
12.8 Local Transit Fees ........................................................................................................................... .............................50
12.9 Bridges and Major Thoroughfares .................................................................................................. .............................50
12.10 Supplemental Improvement Capacity ............................................................................................ .............................52
12.11 Interim School Fees ........................................................................................................................ .............................53
12.12 Reimbursement for Undergrounding or Relocation (Telephone, Cable) ......................................... .............................54
13.0 MISCELLANEOUS PROVISIONS ........................................................................ .............................54
13.1 Appeals .......................................................................................................................................... .............................54
13.2 Covenants, Conditions & Restrictions ( CC& Rs) ............................................................................... .............................55
13.3 Concurrent Processing of Other Applications ................................................................................. .............................56
13.4 Concurrent Processing of Tentative Maps Inconsistent with Existing Zoning or General Plan Designation ..................56
13.5 Condominium Maps ....................................................................................................................... .............................57
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13.6 Model Complex Construction Prior to Map Recordation ................................................................ .............................57
13.7 Reciprocal Access ........................................................................................................................... .............................57
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1.0 INTRODUCTION AND GENERAL PROVISIONS
7.1 Authority
The Tustin Subdivision Manual ( "Manual ") is authorized by Section 9311e of the Tustin City Code ( "Subdivision
Code ") and is a formal policy document to formulate rules, procedures, and interpretations as may be necessary
to administer the Subdivision Code, pursuant to Ordinance No. 1430. The Director is authorized to incorporate
further amendments into the Subdivision Manual, provided such amendments are consistent with the Subdivision
Map Act and the Subdivision Code.
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.
If any portion of this Manual is found to be in conflict with
the provisions of the Subdivision Code, the Subdivision Code
shall prevail.
WEB LINKS
County of Orange Public Works
www.ocpublicworks.com
Orange County Clerk - Recorder
www.ocrecorder.com
Orange County Assessor
www.ocgov.com /gov /assessor
In order to provide more contexts, items that are outside of
the jurisdiction of the City, such as the assignment of
subdivision numbers, the processing of Final Maps through
the Orange County Surveyor's office or the recording of Final Maps through the Orange County Recorder's Office
are briefly addressed in this Manual. The subdivision applicant must be aware that County of Orange processes
and procedures for subdivision project review may be changed at any time and vary from what is described in
this Manual. It is the responsibility of the subdivision applicant to research and verify County of Orange
subdivision review and processing procedures.
1.3 Review and Approval Bodies
The following advisory agencies, as that term is used in the Subdivision Map Act, are hereby authorized to
discharge and administer the duties set forth in the Subdivision Code as follows:
A. City Council
The Tustin City Council has the responsibility and authority to conduct public hearings, and approve, conditionally
approve or disapprove any subdivision application involving multiple, interrelated discretionary actions, petitions
for reversion to acreage, and Subdivision Code modifications. The City Council shall also review and uphold or
deny appeals from actions taken in compliance with Section 9321b (Authority for Subdivision Decisions) of the
Subdivision Code.
B. Planning Commission
The Planning Commission shall conduct public hearings; approve, conditionally approve, or disapprove tentative
maps; review and recommend to the City Council actions, findings and conditions pertinent to any subdivision
application involving multiple, interrelated discretionary actions; and review and uphold or deny appeals from
actions taken in compliance with Section 9321b (Authority for Subdivision Decisions) of the Subdivision Code.
Subdivision Manual
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C. Director of Community Development
The Director of Community Development, or designee, shall be responsible for:
1. Processing of tentative maps, final maps, reversion to acreage maps, and amended maps;
2. Determining if proposed subdivision improvements comply with the Subdivision Code;
3. Reviewing final maps for substantial conformance with the approved tentative maps and conditions of
approval;
4. Establishing design and construction standards for private improvements;
5. Processing and approving subdivision private improvement plans;
6. Processing and approving proposed street names;
7. Inspecting, approving and accepting subdivision private improvements;
8. Processing and approving, conditionally approving, or disapproving lot line adjustments, parcel
mergers, final maps, certificates of compliance, requests for extension of a tentative map, and the
waiver of Subdivision Code requirements; and,
9. Interpreting all provisions of the Subdivision Code.
D. City Engineer
The City Engineer, or designee, shall be responsible for:
1. Determining if the proposed subdivision improvements comply with the Subdivision Code;
2. Examining and certifying that final maps are in substantial conformance with the approved tentative
maps and conditions of approval;
3. Reviewing and approving subdivision public improvement plans;
4. Establishing design and construction details, standards and specifications for public improvements;
5. Preparing and approving subdivision monument bonds and agreements;
6. Inspecting, approving and accepting subdivision public improvements;
7. Accepting dedications and conveyances of real property and interests in real property offered at no
cost to the City; and,
8. Amending the City of Tustin's 'Street Design Manual and Standard Plans."
E. Director of Parks and Recreation
The Director of Parks and Recreation, or designee, shall be responsible for determining if the proposed park land
dedications and /or recreation improvements related to a subdivision comply with the Subdivision Code.
Subdivision Manual 2
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F. County of Orange
Several agencies within the County of Orange have a role in the subdivision process and are summarized below.
I. County Surveyor
The County Surveyor assigns subdivision map numbers, reviews maps for boundary determination,
reviews other property information and property history, reviews and signs Final Maps, and process the
map to the County Recorder for recordation.
2. Tax Collector
The Tax Collector receives the signed Final Maps from the subdivider's Title Company and reviews the
subdivision map for verification of tax payment or bond and signs the certificate if all payment or bond
requirements have been met.
3. County Recorder
The County Recorder receives the Final Map from the County Surveyor and records the map documents.
1.4 Authority for Subdivision Process
Table 1 (Review Authority) identifies the City official or body responsible for reviewing and making decisions on
each type of application for divisions of land required by the Subdivision Code.
TABLE 1: Review Authority
i# Appucario
on s ##
Appeai s ##
Code Interpretation
Director
Planning Commission'
Certificate of Compliance
Director
Planning Commission' n
Final Maps
Director
City Council
Lot Line Adjustments
Director
Planning Commission'
Parcel Mergers
Director
Planning Commission'
E
4
Reversion to Acreage
City Council2
--
Tentative Maps,
includin Westin
Planning Commission
City Council
Extension of Tentative Map
Director
Planning Commission'
Public Acceptance of Dedications
City Engineer
Planning Commission 1
or Improvements
Subdivision Code Waiver
Director
Planning Commission'
' The Planning Commission's decision may be appealed to the Council.
2 The Planning Commission shall make recommendations to the City Council.
3
Subdivision Manual
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1.5 Disclaimer
This Manual provides objective and standardized
criteria for the submittal and processing of
applications for projects regulated by the City's
Subdivision Code and the Subdivision Map Act, as
amended. 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 Public Works Department will support an
application.
2.0 DEFINITIONS
Definitions applicable to this Manual are provided in
Section 9341 of the Subdivision Code.
The following phrases and acronyms are used
throughout the document:
• California Environmental Quality Act — CEQA
• Computer aided design and drafting — CADD
• Tustin City Code - TCC
3.0 RELATIONSHIP TO OTHER
DOCUMENTS
This Subdivision Manual serves as the City's
instruction manual for private developers and others,
providing information on applicability, processing, map
format, timing, outside agency review and other
requirements. The Manual is provided to identify the
application procedures for subdivisions and other
mapping functions authorized by the Subdivision
Code. Authority, applicability, requirements, and
standards for subdivision and lot design, however, are
provided in the following documents.
3.1 Subdivision Map Act
WEB LINKS
City of Tustin Grading Manual
http://www.tustinca.org/departme
nual..pdf
Construction Standards for Private
Streets, Storm Drains, and On -Site
Private Improvements
http: / /www.tustinca.org /departments/
commdev /forms /building /PrivateStreet
ConstructionStandards.pdf
Standard Plans and Design Standards
for Public Works Construction
http: / /www.fustinca.org /departments/
pubworks /documents /TustinPWStanda
rds2012 Edition. pdf
WEB LINKS
City of Tustin Subdivision Code
https://Iibra[y.municode.com/HTML/`I 1307/1
eveVART9LAUS CH3SU.htm1 #T0PTITLE
City of Tustin General Plan
http://www.tustinca.orqldepartmen
General P
Ian- 2008.pdf
City of Tustin Zoning Map
http://www.tustinca.ora/departmen
ning /Zoning- MAP.pdf
The Subdivision Map Act is the California State regulation that includes the authority, limitations and applicability
of the Act, as well as a description of the process, review requirements, exemptions, etc. applicable to subdivision
proposals.
Subdivision Manual 4
3.2 Subdivision Code
The City's Subdivision Code regulates the subdivision process for properties within the City's boundaries and /or
City Sphere of Influence, as applicable. The Subdivision Code contains the requirements, restrictions, approval
authority, approval process and post approval process as it applies to the City.
3.3 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 on the City's website or at -cost from
the Community Development Department.
3.4 Zoning Code (TCC 9211 et seq.)
The Zoning Code specifies allowed uses and development standards (i.e. minimum parcel size, minimum parcel
width) 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 or free on the City's website.
3.5 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 applicable Planned Community documents are available
at -cost from the Community Development Department.
3.6 Grading Manual
The City of Tustin Grading Manual is a compilation of rules, procedures and interpretations necessary to carry out
the provisions of the Tustin City Code relating to grading and excavation. The Grading Manual is available at -cost
from the Community Development Department /Building Division or free on the City's website.
3.7 Construction Standards for Private Streets, Storm Drains, and On -Site
Private Improvements
This document provides comprehensive design standards for privately owned and maintained infrastructure
improvements and is available on the City's website or at -cost from the Community Development Department.
3.8 Standard Plans and Design Standards for Public Works Construction
This document provides comprehensive design standards for public infrastructure improvements and is available
on the City's Website and at -cost from the Public Works /Engineering Department.
5 Subdivision Manual
4.0 "WHAT DOI FILE ?" - APPLICATION AND MAP TYPES
The Subdivision Code identifies the mapping requirements for various types of allowable land subdivisions. The
following is a summary of most common map types:
Lot Line Adjustment: Projects involving minor shift of existing lot lines) of four (4) or fewer adjoining
parcels, where no greater number of parcels will result from the Lot Line Adjustment.
Parcel Map: Projects involving subdivision of four (4) or fewer parcels.
Tract Map: Projects involving subdivision of five (5) or more parcels, five (5) or more condominiums as
defined in Section 783 of the California Civil Code, a community apartment project containing five (5) or
more parcels, or for the conversion of a dwelling to a stock cooperative containing five (5) or more
dwelling units, except where a parcel map is required pursuant to Section 9323b.1 of the Subdivision
Code.
Vesting Parcel Map: Projects involving subdivision of four (4) or fewer parcels that includes a vested
right to proceed with development in accordance with the regulations, standards and requirements in
effect at the time of approval.
Vesting Tract Map: Projects involving subdivision of five (5) or more parcels, five (5) or more
condominiums as defined in Section 783 of the California Civil Code, a community apartment project
containing five (5) or more parcels, or for the
conversion of a dwelling to a stock
cooperative containing five (5) or more
dwelling units, except where a parcel map is WEB LINKS
required pursuant to Section 9323b.1 of the Instructions for Filing Development
Subdivision Code, that includes a vested g a p
right to proceed with development in Application
accordance with the regulations, standards http: / /www.tustinca.org /departments /c
and requirements in effect at the time of ommdev /forms /planning /Development
approval. Applicationlnstructions.pdf
Reversion to Acreage: Projects involving
reverting properties, which were legally
subdivided, back into acreage.
Parcel Mergers: Projects involving merging
two (2) or more contiguous parcels, under
one (1) ownership, if any of the parcels is
substandard.
Certificates of Compliance: Projects
involving requests for Waiver of Subdivision
Requirements in relation to tentative or final
maps requests.
Application forms may be obtained from the
Community Development Department in City Hall and
through the City's website.
Subdivision Manual 6
Development Application Form
http: / /www.tustinca.orci/departments /c
ommdev /forms /planninci /Development
AppForm.pdf
Environmental Assessment Form
httl2: / /www.tustinca.orci /departments /c
ommdev /forms /planning /Environmental
AssessmentForrri.pdf
Development Application Checklist
http: / /www.tustinca.orci/departments /c
ommdev /forms /planning /Supplemental
DevelopmentAppCheckList. pdf
Planning Fee Schedule
http: / /www.tustinca.or_ /departments /ci
tyclerk /documents /FY20082009CFS.pdf
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5.0 GENERAL APPLICATION AND PROCESSING INFORMATION
The following section provides general information and guidance for reviewing and processing subdivision
requests.
5.1 Application Filing and Fees
Applications for divisions of land are to be filed with the Community Development Department by the property
owner or another person with the written consent of the property owner. An application is considered acceptable
for submittal when:
A. All necessary forms, materials and exhibits have been provided and accepted as adequate; and
B. All necessary application fees and /or deposits have been accepted.
Administrative staff shall input the application information into the project tracking software. The staff assigned to
the project shall create a Work Order Number in Springbrook so that staff time and expenses may be tracked.
5.2 Initial Application Review /Environmental Assessment
A. Review for Completeness
The Department shall review all applications for accuracy before they are accepted as complete.
1. The applicant shall be informed, in letter form, whether the application is complete and ready for the
public hearing stage or is incomplete and that additional information and /or revisions must be
provided.
2. The application shall be in compliance with this the Subdivision Code, all other applicable Codes,
Specific Plans, General Plan and the City's "Standard Drawings and Improvement Design Standards"
in effect as of the filing date or includes an application that proposes actions that, if approved, would
correct any noncompliance.
3. Additional information may be required by the City staff as may be deemed reasonably necessary for
environmental review of the project in compliance with the California Environmental Quality Act
(CEQA), the National Environmental Policy Act (NEPA) and /or the Federal Clean Water Act.
4. The submitted application must be deemed complete within six (6) months after the first filing with
the Community Development Department, otherwise it shall be deemed withdrawn unless an
extension is granted by the Director.
B. Referral of Application
At the Director's discretion, applications may be referred to any public agency that may be affected or have an
interest in the proposed subdivision.
C. Environmental Assessment
During project review, the application shall also be reviewed as required by CEQA or any other applicable
environmental review requirement.
5.3 Concurrent Processing
When a proposed division of land or decision body action requires more than one land use entitlement approval,
all applications shall be processed concurrently as interrelated applications for a project and shall not be
bifurcated unless otherwise authorized by the Director upon the request of the applicant. The highest designated
7 Subdivision Manual
decision body for all such applications shall take final action on the multiple applications. For example, any
division of land determined by the Department to be inconsistent with the General Plan would require concurrent
consideration of a General Plan Amendment application to eliminate the inconsistency. In this case, the City
Council would be the body to decide on the project because it involves a General Plan Amendment request.
5.4 Noticing Materials
Applicants for subdivision projects that require public hearings shall provide the necessary noticing materials
described below.
A. 300 -foot Radius Map
1. Size: Maximum 11" x 17"
2. Scale: Not less than 1" = 200'
3. Contents:
a. Designation of the subject property by either shading or other conspicuous graphical method;
b. All of the area within a 300' radius from the exterior property lines of the subject property;
c. A line indicating the 300' radius;
d. Identification of the Assessor's Parcel Number for all properties, including the subject property,
entirely or partially within the 300' radius;
e. Streets, street names, north arrow, and map scale;
f. A title block in the lower right corner containing the name and address of the applicant(s) and
date of map preparation.
B. Mailing labels
1. Size: 81/2" x 11" pre - gummed mailing label sheet
2. Quantity: Two (2) sets
3. Contents: 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.
123 - 456 -78
Sample Label Johnny Owner
12345 E. Main Street
Tustin, CA 92780
5.5 Notice of Public Hearing
Whenever a public hearing or meeting is scheduled to be held, notice of the time and place of the hearing or
meeting shall be given at least ten (10) calendar days before the hearing. The notice may be via direct mailings,
publication in the local newspaper, and /or posted on the subject property. The notice must contain the following:
• A general description of the location of the proposed subdivision;
• The identity of the hearing body; and
• A general explanation of the matter to be considered.
A proposed conversion of residential real property to a condominium, community apartment, or stock cooperative
project shall be noticed in accordance with Sections 66452.17 through 66452.20 of the Subdivision Map Act.
Subdivision Manual 8
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Additional noticing time may be required to comply with noticing requirements of CEQA. In the event of a conflict
between required noticing times, the longer time shall be given.
The Community Development Department may give such other notice that it deems necessary or advisable.
Substantial compliance with these provisions for notice shall be sufficient, and a technical failure to comply shall
not affect the validity of any action taken according to the procedures in the Subdivision Code.
The decision body shall consider any input received from any interested party, including any reports from affected
agencies, utilities or School Districts prior to approving, conditionally approving, or disapproving an application for
division of land. Notwithstanding the foregoing, it should be noted that the Subdivision Map Act or other state
codes may require additional notice for certain applications.
5.6 Appeals
The subdivider, or any other interested party, may appeal any action of the decision body to the appeal body as
identified in 9321b (Authority for Subdivision Decisions). Appeals shall be filed with the City Clerk during normal
business hours within ten (10) calendar days of the date of the decision and be accompanied by a deposit or fee
as required by City Council resolution or ordinance.
For information regarding submitting and processing appeals, see Section 13.1 of this Manual.
5.7 Tracking Time and Review Cost
City staff shall keep track of the amount of time spent reviewing the proposed subdivision and shall record the
hours in their timesheet by including the project's Springbrook Work Order number as part of the time period
entry. The Work Order feature will help keep track of staff time and cost for the project by linking the cost to the
project's deposit account.
The staff planner will monitor the expenses incurred on the project, including consultant costs and noticing costs.
The deposit account balance should be reviewed at the beginning of the review process for project submittals or
resubmittals. If the planner estimates that the remaining deposit balance will not cover subsequent reviews, the
planner shall request additional deposit funds before too much staff time is spent on the project. It is also good
procedure to review the account balance after a review is completed so that the planner will have more current
and incremental balance information that correspond with specific stages of the project.
At the close of the entitlement process, the planner shall provide a breakdown summary of department costs and
submit a journal entry request to the Finance Department to transfer the appropriate funds to the respective
general fund accounts.
If the planner finds that staff and consultant costs have exceeded the deposit amount, the planner shall prepare
an invoice for the outstanding balance to be paid by the applicant. The planner shall write a letter to the
applicant informing them of the outstanding balance and attach a summary of staff review costs, including
consultant costs, and inform them that the Finance Department will send an invoice.
If there is a balance remaining, the planner shall process a refund of the remaining balance to the applicant or
original payee. In order to process a refund, the planner must submit an approved check request and support
documentation to the Finance Department.
6.0 LOT LINE ADJUSTMENT (TCC 9322)
A Lot Line Adjustment is required for the minor shift or rotation of an existing lot line provided that the
adjustment of the lot boundary line or lines between two (2) or more existing adjacent lots and that a greater
number of lots is not created.
9 Subdivision Manual
6.1 Purpo.i.
The purpose of this section is to provide information and instruction for the submittal and processing of a
complete application in compliance with subsection 9321.c (Application Filing and Fees) for a lot line adjustment
of four (4) or fewer parcels in compliance with the Subdivision Map Act, all applicable zoning regulations, the
Subdivision Code and the Manual.
6.2 Applicability
Projects involving four (4) or fewer adjacent parcels may utilize the lot line adjustment process. Projects involving
more than four (4) parcels may not be processed through lot line adjustments. This section applies to the
submittal and processing of Lot Line Adjustments in accordance with Section 9322 of the Subdivision Code.
6.3 Submittal Requirements
The Community Development Department will accept lot line adjustment applications upon submittal of the
following:
A. Application Form
Applicants must refer to the "Instructions for Filing a Development Application" document prior to submitting a
Development Application form. The instructions provide information on the documents, forms, plans and
signatures required at submittal in order for staff to accept the application for filing.
The application form may be obtained from the Community Development Department in City Hall or the City
website. The application form shall be signed by the applicant and property owner and notarized. If the subject
property is owned by a corporation, the applicant shall provide copies of the company resolution or minutes of
the meeting identifying the name and title of the signing officer(s).
B. Accompanying Documents, Data and Reports
1. 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.
2. Lot Line Adjustment Map or Plat (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:
a. Graphic map scale and north arrow.
b. The location of the subject property in relation to existing adjacent streets.
c. The existing and proposed lot layout for all parcel lines based upon record mapping. Show
bearings and distances for all parcel lines. A heavy solid line shall be used for the distinctive or
resulting project boundary, solid lines for the proposed property lines, and light dashed lines for
existing property lines to be adjusted or remaining unadjusted.
d. 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).
e. Gross area of each proposed parcel.
f. California Registered Civil Engineer or Licensed Land Surveyor wet signature and stamp.
Subdivision Manual 10
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3. Site Plan and Existing Buildings /Structures
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:
a. The location and width of all existing or proposed easements or rights -of -way, whether public or
private, for roads, emergency access, drainage, utilities, sewers or flood control purposes. Label
the easements as existing or proposed and indicate to whom the easement is granted.
b. The location of any aboveground or underground 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.
4. Preliminary 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.
S. Fees
Lot line adjustment application fees and /or deposits are paid to the Community Development and Public
Works Departments at the time of application submittal. Fees are based on the latest fee schedule in
effect at the time of submittal.
6. Traverse /Closure Sheets
Land surveyor traverse /closure documentation.
7. Deeds
Draft of new grant deed(s) reflecting the proposed lot line adjustment.
6.4 Processing
A. Submittal
Lot line adjustment applications shall be submitted to the Community Development Department. The Community
Development Department will assign a lot line adjustment number to the application, enter the project into the
tracking software and undertake formal review and processing of the request.
B. Initial Review
The Community Development and Public Works Departments shall review the Lot Line Adjustment application for
completeness. Within thirty (30) days of submittal, the applicant shall be notified in writing as to whether the
application is deemed complete or if additional or corrected information or materials are required.
Each application shall be analyzed by the Community Development Department in conjunction with the Public
Works Department to ensure that the application is consistent with the purpose and intent of the Subdivision
Code (TCC Section 9322D), the Subdivision Map Act and the City's Subdivision Manual. Application review shall be
limited to a determination of the following:
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1. Four (4) or fewer existing, adjoining parcels are involved;
2. No greater number of parcels will result from the lot line adjustment;
3. The parcels resulting from the lot line adjustment will conform to the Tustin General Plan, and any
applicable specific plan, zoning and building ordinances; and
4. Any associated utility or access easements are not impacted.
C. Environmental Review
As part of the review of the lot line adjustment, the Planning staff of the Community Development Department
will analyze the subdivision application for compliance with the California Environmental Quality Act (CEQA).
By themselves, minor land divisions such as lot line adjustments are exempt from CEQA requirements (Class 15).
If staff determines that the project is exempt from CEQA, either categorically or statutorily, staff will prepare and
file a notice of exemption for the lot line adjustment application. County Recorder filing fees shall be paid by the
applicant.
If staff determines that the project involves other proposals, components or elements and is not exempt from
CEQA, staff will then prepare an initial study to determine if the project may have a significant effect on the
environment. The Community Development staff shall make one of the following environmental determinations
for the proposed subdivision:
1. Negative declaration (no significant effect)
2. Mitigated negative declaration (significant effects mitigated)
3. Previous Environmental Impact Reports (no new impacts)
4. Addendum to Previous Environmental Impact Report (minor technical changes /additions necessary)
5. Supplemental Environmental Impact Report (new impacts identified)
6. Environmental Impact Report (new projects /significant impacts identified)
Each of these environmental determinations is bound by specific processing procedures and associated time
frames, which are detailed in the State CEQA Guidelines. The applicable procedure will be explained to the
applicant once staff determines the appropriate environmental review for the project. It is important to note,
however, that the environmental review occurs concurrently with the subdivision review; no action can be
conducted by the approving body until the requirements for environmental review have been completed.
D. Revision
Once the comments from the reviewing bodies have been forwarded to the applicant, the applicant is responsible
for resubmitting a revised application with corrections. The amount of time necessary for revisions is at the
applicant's discretion; however revised exhibits and forms should be resubmitted within six (6) months of the
Letter of Incomplete issuance date or the project may be considered withdrawn.
To expedite review of the revised application, the applicant should accompany resubmittal of the application
materials with correspondence identifying the following:
1. Corrections/ revisions that have been made and concur with the City's comments.
2. Corrections /revisions that have not been made because of disagreement with the City's comments
(accompanied with an explanation of the applicant's position).
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3. New items or revisions not related to a correction.
4. Back -up documentation where required to support any action.
If the initial lot line adjustment had major revisions, the staff planner will redistribute the revised exhibits and
forms to the reviewing bodies for comment. City staff may request that the planner transmit all submitted
revisions for review even if they did not have comments on the previous submittal. The staff planner will then
proceed with analysis and proposed recommendations. Review and approval of the lot line adjustment shall be in
accordance with the following:
1. No conditions or exactions shall be imposed on the approval of a lot line adjustment except to
conform the proposal to the City's General Plan, zoning and building ordinances, and /or to require
the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate
the relocation of existing utilities, infrastructure or easements.
2. No tentative or final map shall be required as a condition to the approval of a lot line adjustment.
3. No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the
Business and Professions Code.
E. Approval Process
Upon determining that a complete application has been submitted and that the application complies with the
Subdivision Map Act, Subdivision Code and Manual, the Community Development Director shall approve,
conditionally approve or disapprove the proposed lot line adjustment.
F. Appeals
For information regarding submitting and processing appeals, see Section 13.1 of this Manual.
G. Recording Lot line Adjustment
An approved lot line adjustment shall be reflected in new deed(s), 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 new
deed(s), reflecting the lot line adjustment, must be recorded concurrently with the lot line adjustment.
The lot line adjustment and new deed(s) should be recorded within six (6) months of approval.
If a Record of Survey is prepared and filed, a Certificate of Compliance shall also be recorded within ninety (90)
days.
H. Time Extension
The applicant may request an extension of the expiration date of the approved or conditionally approved lot line
adjustment by filing a written request with the Department and paying applicable fees as established by City
Council resolution. The filing of such application automatically extends the expiration date until the lot line
adjustment is recorded or the extension expires, whichever occurs first.
The Director shall determine whether sufficient evidence was provided in the application that there are no
changed circumstances and /or that the applicant has made a good faith effort to record the lot line adjustment.
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7.0 TENTATIVE PARCEL AND TRACT MAPS (TCC 9323 & 9324)
7.1 Purpose
The purpose of this section is to provide information and instruction for the submittal and processing of a
complete application in compliance with TCC Section 9321.c (Application Filing and Fees) for tentative maps and
vesting tentative maps for the subdivision of land in compliance with the Subdivision Map Act, all applicable
zoning regulations, the Subdivision Code and the Manual.
7.2 Applicability
Each application shall be consistent with the provisions of this section, and the Subdivision Map Act and
Subdivision Code. Proposed divisions of land shall comply with the following requirements:
A. Tentative Parcel Map Applicability
1. Criteria
A tentative parcel map shall be required for all subdivisions creating four (4) or less parcels or where:
a. The land before division contains less than five (5) acres, each parcel created by the division
abuts upon a maintained public street or highway, and no dedications or improvements are
required by the City;
b. 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;
c. The land consists of a parcel or parcels of land having approved access to a public street or
highway, which comprises part of a tract of land zoned for industrial or commercial development,
and which has the approval of the City as to street alignments and widths;
d. Each parcel created by the division has a gross area of not less than forty (40) acres or is not less
than a quarter of a quarter section; or
e. The land being subdivided is solely for the creation of any environmental subdivision pursuant to
Section 66418.2 of the Subdivision Map Act.
2. Exceptions
A tentative parcel map shall not be required for the following:
a. Subdivisions of a portion of the operating right -of -way of a railroad corporation, as defined by
Section 230 of the State Public Utilities Code, which are created by short -term leases (terminable
by either party on not more than 30 calendar days' notice in writing).
b. Land conveyed to or from a governmental agency, public entity or public utility, or for land
conveyed to a subsidiary of a public utility for conveyance to such public utility for rights -of -way,
unless a finding is made by the Director in individual cases, upon substantial evidence, that public
policy necessitates a parcel map. For purposes of this subsection, land conveyed to or from a
governmental agency shall include a fee interest, an easement or a license.
B. Tentative Tract Map Applicability
1. Criteria
A tentative tract map shall be required for all subdivisions creating:
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a. Five (5) or more parcels;
b. Five (5) or more condominiums as defined in Section 783 of the California Civil Code;
c. A community apartment project containing five (5) or more parcels; or
d. For the conversion of a dwelling to a stock cooperative containing five (5) or more dwelling units,
except where a parcel map is required pursuant to TCC Section 9323b.1.
2. Exceptions
A tentative tract map shall not be required for the following:
a. The financing or leasing of apartments, offices, stores, or similar space within apartment
buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks.
b. Mineral, oil or gas leases.
c. Land dedicated for cemetery purposes under the Health and Safety Code.
d. The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit, or
similar right on a portion of a parcel, to a telephone corporation as defined in Section 234 of the
Public Utilities Code. That this right is exclusively for the placement and operation of cellular
radio transmission facilities, including, but not limited to, antennae support structures, microwave
dishes, structures to house cellular communications transmission equipment, power sources and
other equipment incidental to the transmission of cellular communications, if the project is
subject to discretionary action by the advisory agency or legislative body.
e. 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.
f. The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the
construction of commercial or industrial buildings on a single parcel, unless the project is not
subject to review under other local agency ordinances regulating design and improvement.
g. The financing or leasing of existing separate commercial or industrial buildings on a single parcel.
h. The construction, financing or leasing of dwelling units pursuant to California Government Code
Section 65852.1 or second units pursuant to Section 65852.2, but tentative tract map
requirements shall be applicable to the sale or transfer, but not leasing, of those units.
Subdivisions of four (4) parcels or less for construction of removable commercial buildings having
a floor area of less than 100 square feet. (California Government Code Sections 66412, 66412.11
66412.2 and 66412.5. )
C. Dedications, Reservations and Development Fees
Subdivision Maps may be subject to dedication requirements as stipulated in the Subdivision Ordinance.
1. Parkland dedication shall be required for residential subdivisions pursuant to current City Code
requirements.
2. Other dedications, reservations and /or fees may be required for, but not limited to, the following:
a. Local infrastructure and transportation facilities
b. Bridges and major thoroughfares
c. Supplemental improvement capacity
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d. Drainage
e. School facilities and school fees
f. Sewer fees
g. Reimbursement to telephone and /or cable utilities for undergrounding or relocation.
Further information regarding dedications, reservations and development fees is provided in Section 12 of this
Manual.
D. Waiver of Tentative Map Requirements
Any subdivider may, upon formal application, request the waiver of one (1) or more of the requirements for a
tentative or final map for the following activities:
1. Division of real property or interests therein created by probate, eminent domain procedures,
partition, civil judgments or decrees.
2. Divisions of real property resulting from the conveyance of land or any interest therein to or from the
City, public entity or public utility for a public purpose, such as school sites, public building sites, or
rights -of -way or easements for streets, sewers, utilities, drainage, etc.
3. The unmerger, in accordance with the Subdivision Map Act and the Subdivision Code, of real property
which has been merged pursuant to the Subdivision Code, the Subdivision Map Act or any prior
ordinance of the City.
4. Where tenants purchase a mobile home park subject to the provisions of Section 66428.1 of the
Subdivision Map Act.
Waivers must also have Certificates of Compliance. Certificates of Compliance requirements are listed in TCC
Section 9313a and discussed in Section 11: Certificates of Compliance in this Manual.
7.3 Submittal Requirements
This section applies to the submittal and processing of Tentative Parcel Map and Tentative Tract Map
applications, including Vesting Tentative Map applications, in accordance with the Subdivision Code (TCC Sections
9323 and 9324).
A. Application Form
Tentative Map applications 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" document.
B. Accompanying Documents, 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.
1. Legal Descriptions (Exhibit "A")
A legal description of each parcel, before and after the proposed subdivision, shall be provided. The legal
descriptions shall be wet - signed and stamped by a California Registered Civil Engineer or Licensed Land
Surveyor.
Subdivision Manual 16
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2. Soils, Geology, and Seismicity Report
A preliminary soils and geology report prepared in accordance with the California 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. The
geotechnical report should also address infiltration requirements under low impact developments, as
applicable. 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.
3. 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 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.
4. Fees
Application fees are paid at the time of application submittal. Fees are based on the current applicable
fees in effect at the time of application submittal.
5. "Will Serve" Letter
Will serve letters from the respective utility agencies stating that services can be provided to the
proposed project.
6. County Filing Fee (Recordation Fee)
A cashier's check payable to the Orange County Clerk in the amount stated in the current County
recording fee schedule. 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.
7. Multiple Final Maps / Phased Maps
If the subdivider intends to file multiple final maps after the tentative map has been approved, a written
notice of the intent must be submitted with the tentative map application. The staging and processing of
multiple or phased maps must address access, public safety, and utility services for the interim between
the maps.
C. 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 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.
1. 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 scale requirements in
Subsection 2 below.
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2. 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.
3. Graphic and Linear Representation
Proposed lines and features on the Tentative Map shall be represented as follows:
a. Tract boundary: Heavy, double -width solid line;
b. Proposed streets, lot lines, and City boundaries: Heavy solid line;
c. Existing lot lines: Light solid line;
d. Easements: Light dashed line and labeled as to intended use. Identify if existing or proposed,
public or private, and remaining or to be quitclaimed;
e. Water lines, sewers, storm drains, etc.: Heavy dashed line and labeled as to intended use.
Identify if existing or proposed and remaining or to be removed; and
f. Existing contours: Light dash line with elevations denoted.
g. Areas that are excluded from the subject subdivision shall be identified on the map as "'Not A
Part" or "Remainder" with descriptions of the area.
4. Title Block
A title block shall be provided and include the following information:
a. A tentative map number;
b. Names, addresses, telephone numbers and e-mail addresses of the property owner or owners of
record and the person or firm that proposed the map;
c. 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,
d. Date of Tentative Map preparation.
Title Block Example
5. Descriptive Information
The Tentative Map shall include a north arrow, graphic scale, total number of numbered and lettered lots,
gross site area, net site area and contour interval. The gross and net density shall be identified (i.e.
dwelling units per acre for residential projects, floor area ratio for commercial /industrial projects).
Subdivision Manual 18
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6. Location and Boundary Delineation
The following items shall be represented on the tentative map:
a. The Tentative Map boundary lines shall be measured to the centerline of any existing abutting
local public 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
must be identified on the map, but approval for filing is not required from such owner. The final
map boundary lines shall be to the limits of fee ownership within such streets or highways which
shall be deemed to be in conformance with the tentative map;
b. The 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;
c. A legal description of the land to be subdivided;
d. 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,
e. The names and /or numbers of adjacent subdivisions and the names of owners of adjacent
unplatted land.
7. Supplemental Information
The following items shall be represented on the tentative map:
a. Proposed Lots
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;
2) A consecutively numbered lot number for each proposed building site with the highest
number circled to quickly identify the total number of numbered lots;
3) 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;
b. The width and approximate locations of all existing and proposed easements or rights -of -way,
whether public or private, for roads, drainage, sewers, flood control, slope maintenance or
recreation purposes;
c. Drainage and Hydrology
1) 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;
2) 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;
3) Areas for dedicated retention or detention should be designated with setback dimensions.
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d. Existing and proposed topography and structures on the proposed site and within one hundred
(100) feet of the proposed site, including but not limited to:
1) Existing and proposed contours at two (2) foot intervals if the existing ground slope is less
than ten percent (10 %) and at no less than five (5) foot intervals for existing ground slopes
equal or greater than ten percent (10 %). Contour intervals shall not be spread more than
one hundred fifty (150) feet apart. Existing contours shall be represented by dashed lines or
by screened lines. A separate grading plan may be submitted;
2) Type, circumference and drip line of existing trees with a trunk diameter of four (4) inches or
more. Any trees proposed to be removed shall be so indicated;
3) The location and outline of existing structures identified by type. Structures to be removed
shall be so marked;
4) Existing lot lines; and
5) Turning radius requirements for safety equipment and trash vehicles.
e. 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;
f. A statement as to the intention of the subdivider in regard to slope planting and erosion control;
g. Use or uses proposed in the tentative map as specified by applicable or pending zoning district
regulations. If for multiple family dwelling uses (including condominium and community
apartment projects), the proposed number of units shall be stated;
h. Existing and proposed circulation improvements:
1) Type and extent of existing street improvements adjacent to the subdivision and diagrams of
existing street sections;
2) Type and extent of proposed street improvements and diagrams of typical street sections;
3) Approximate radius of all center line curves on highways, streets, alleys, and vehicular access
ways;
4) The locations, widths, approximate grade, direction and percentage of draining flow of all
existing and proposed street and highway improvements including street intersections,
medians, driveways and alleys, curbs and gutters, sidewalks and pavement edges within the
proposed tract. Existing conditions within two hundred (200) feet of the boundaries of the
proposed parcel or tract map shall be provided. Said locations may be shown either in plan or
by reference to a cross - section shown on the tentative map;
i. Proposed method of sewage disposal, the name of the sewering agency and the capacity of the
collector and the sewage treatment facility;
j. Name of proposed water supplier;
k. Type of other utilities which are proposed to serve the subdivision, including but not limited to
gas, electricity, communications and cable television including the name of the utility company or
agency that will provide the service, and a notation as to whether the utilities will be
aboveground or underground;
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I. A statement certifying to one (1) of the following and signed by the subdivider or authorized
agent that:
1) The subdivider is the property owner of record; or,
2) The property owner of record consents to the filing of the tentative map.
m. 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;
n. The height, area and configuration of man -made slopes shall be clearly shown. All slope areas
shall be shown by type;
o. A copy of any restrictive covenants proposed shall be appended to the tentative map;
p. A "Revision Block" shall be placed on each revised tentative map and all changes shall be clearly
indicated;
q. If the subdivider plans to develop the site in phases, the proposed phases and their proposed
sequence of construction shall be shown;
r. The subdivider shall specify if multiple maps are to be filed;
s. The subdivider shall specify any deviation from City standards and the justification for such
deviation; and
t. A list of reference maps and documents for the existing boundary.
7.4 Processing
A. Submittal
Tentative map applications shall be submitted to the Community Development Department. The Community
Development Department will assign a case number to the application, enter the project into the tracking
software and undertake formal review and processing of the request.
B. Initial Review
At the time of application submittal, a staff planner will review and analyze the subdivider's request. The staff
planner will review the initial application submittal to determine whether all required materials and filing fees
have been submitted, including application and filing fee for the Orange County Fire Authority (OCFA) review
process. Processing of the application will not commence until the staff planner determines that the application is
ready to be received for review and processing.
Once the subdivision application is received by the City, a staff planner will be assigned to the project to review
and process the application. The staff planner will distribute copies of the tentative map to the following
reviewing bodies for comment, with comments due no more than two (2) weeks from transmittal:
• Community Development /Building Division
• Public Works /Engineering
• Orange County Fire Authority
• Police
• Parks and Recreation
• Other departments as deemed applicable
• Other jurisdictions as deemed applicable
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The reviewing bodies will review each tentative map on two levels: (1) technical corrections (e.g. incorrect map
information, format changes, missing data); and (2) project issues (e.g. subdivision layout, impact upon services,
infrastructure capacity, park location, maintenance responsibilities). Their comments will be submitted to the staff
planner, who will review and consolidate the comments, resolve any internal conflicts or inconsistencies and
transmit the comments in writing to the applicant.
The staff planner will consolidate the review comments into a "Letter of Incomplete" that states the application is
incomplete and that the applicant must address the comments provided in the letter. The Letter of Incomplete
must be transmitted to the applicant no more than thirty (30) calendar days from application submittal.
C. Environmental Review
As part of the review of the tentative map, the Planning staff of the Community Development Department will
analyze the subdivision application for compliance with the CEQA. If staff determines that the project is exempt
from CEQA, either categorically or statutorily, staff will prepare and file a notice of exemption for the tentative
map application.
If staff determines that the project is not exempt from CEQA, staff will then prepare an initial study to determine
if the project may have a significant effect on the environment. The Community Development Department staff
shall make one (1) of the following environmental determinations for the proposed subdivision:
1. Negative declaration (no significant effect)
2. Mitigated negative declaration (significant effects mitigated)
3. Previous Environmental Impact Reports (no new impacts)
4. Addendum to Previous Environmental Impact Report (minor technical changes /additions necessary)
5. Supplemental Environmental Impact Report (new impacts identified)
6. Environmental Impact Report (new projects /significant impacts identified)
Each of these environmental determinations is bound by specific processing procedures and associated time
frames, which are detailed in the State CEQA Guidelines. The applicable procedure will be explained to the
applicant once staff determines the appropriate environmental review for the project. It is important to note,
however, that the environmental review occurs concurrently with the subdivision review; no action can be
conducted by the approving body until the requirements for environmental review have been completed.
D. Revision
Once the comments from the reviewing bodies have been forwarded to the applicant, the applicant is responsible
for resubmitting a revised map with corrections. The amount of time necessary for revisions is at the applicant's
discretion; however revised project plans should be resubmitted within six (6) months of the Letter of Incomplete
issuance date or the project may be considered withdrawn.
To expedite review of the revised map, the applicant should accompany resubmittal of the map application
materials with correspondence identifying the following:
1. Corrections /revisions that have been made which concur with the City's comments.
2. Corrections/ revisions that have not been made because of disagreement with the City's comments
(accompanied with an explanation of the applicant's position).
3. New items or revisions not related to a correction.
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If the initial tentative map had major revisions, the staff planner will redistribute the revised map to the reviewing
bodies for comment. City staff may request that the planner transmit all submitted revisions for review even if
staff did not have comments for the previous submittal. The staff planner will then proceed with project
processing.
E. Deem Application as Complete or Incomplete
If staff still has comments on the project, the staff planner will prepare and transmit another Letter of Incomplete
within thirty (30) days of the last submittal.
Any outstanding items required to make the application complete shall be submitted to the Community
Development Department within six (6) months of the date of notification. If items are not submitted during this
time period, the application, at the discretion of the Community Development Department may be deemed
withdrawn.
Once all of the requested information is submitted and determined to be adequate, the application can be
deemed complete. The staff planner will schedule the project approximately eight weeks from the date of
completeness for a public hearing before the Planning Commission and prepare and transmit a "Letter of
Completeness" to the applicant indicating the tentative hearing date and potential conditions of approval.
At this point, the planner shall also instruct the subdivider to submit a cashier's check payable to the Orange
County Clerk in the amount equal to the current filing fees for the County. 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.
F. Approval Process
1. Review by Other Agencies
Within five (5) days of a tentative map being deemed complete, the staff planner shall transmit a copy of
the proposed tentative map to applicable outside agencies. The outside agencies have fifteen (15) days
to submit written comments to the City. Typical outside agencies may include, but are not limited to, the
following:
• City of Irvine
• City of Orange
• City of Santa Ana
• County of Orange Health Department
• Orange County Public Works Department
• Orange County Fire Authority
• Orange County Flood Control District
• Orange County Transportation Authority
• Utility Agencies (i.e. gas, electric, water, sewer, cable, telephone)
• Regional Water Quality Board
• South Coast Air Quality Management District
• Department of Transportation (Caltrans)
• School Districts
• Community College Districts
Regarding school districts, the City shall transmit a copy of the tentative map by certified mail to the
governing board of the affected school districts. Failure to respond shall be deemed an approval
pursuant to TCC Section 9321f2.
All comments received from other agencies shall be summarized in the staff report, attached as part of
the public record and provided to the applicant. Critical corrections or proposed conditions of approval
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should be discussed with the applicant prior to their inclusion as part of any action to approve,
conditionally approve or deny the application.
2. Who reviews and approves the map
The Planning Commission is the body that acts as the final decision maker on tentative maps unless the
proposed subdivision needs other entitlement approvals requiring City Council action. In this case, the
City Council will be the final decision maker of the application (TCC 9321e).
The decision body will hold a public hearing on each tentative map filed. This public hearing is held for
the purpose of reviewing the tentative map, taking public testimony on the map and rendering action.
3. General dedication requirements for public use or benefit
As a condition of approval of a subdivision map, the decision body may require the subdivider to dedicate
or make an irrevocable offer of dedication to the public, through the appropriate public agency, of all real
property both on and offsite as required for public use or benefit. Any condition requiring dedication shall
specify whether the real property shall be dedicated by easement or in fee title, and shall also be so
identified upon the tentative and final tract or parcel map.
4. Required findings for approval
A tentative map shall be approved or conditionally approved only if the decision body can make the
following findings:
a. That the proposed map is consistent with applicable general and specific plans and the zoning
ordinance.
b. That the design or improvement of the proposed subdivision is consistent with applicable general
and specific plans.
c. That the site is physically suitable for the type of development.
d. That the site is physically suitable for the proposed density of development.
e. That the design of the subdivision or the proposed improvements is not likely to cause substantial
environmental damage nor substantially and unavoidably injure fish and wildlife or their habitat.
f. That the design of the subdivision or type of improvements is not likely to cause serious public
health problems.
g. That the design of the subdivision or the type of improvements will not conflict with easements,
acquired by the public at large, for access through or use of property within the proposed
subdivision.
h. That any discharge of waste from the proposed subdivision into an existing sewer system would
not result in violation of existing requirements prescribed by the California Regional Water Quality
Control Board, Santa Ana Region, pursuant to Division 7 of the Water Code of the State of
California.
i. That the requirements of the California Environmental Quality Act have been satisfied.
j. For subdivisions of 500 or more units, sufficient water supply will be available to serve the
proposed subdivision.
Subdivision Manual 24
S. Required findings for Vesting Tentative Maps
In addition to the findings set forth in Section 7 of this Manual, a vesting tentative map shall be
approved or conditionally approved only if the decision body can make the following additional finding:
"That the proposed vesting tentative map is consistent with all applicable plans, ordinances, and
policies in effect at the time the map is approved or conditionally approved, or the subdivider is
concurrently processing an application to eliminate the inconsistency."
G. Appeals
For appeal information, see Section 13.1 of this Manual.
H. Post Approval Requirements
1. County Filing Fee
Staff will forward the CEQA determination or Notice of Exemption to the County Recorder and filing fee within five
(5) days of the project approval. Failure of the City to file the appropriate environmental determination could
lengthen the statute of limitations under which an interested party could challenge the environmental
determination.
2. Final Map Recordation
Final maps shall be submitted for review in accordance with Section 8.4 of this Manual and in compliance
with the tentative map conditions of approval.
I. Time Extensions of Approved Maps
1. Applicability
This section applies to the submittal of time extensions in accordance with Section 9323e.3 of the
Subdivision Code.
The Community Development Director is authorized to approve a time extension of not more than thirty-
six (36) months from the original expiration date, unless superseded by the Subdivision Map Act.
2. Submittal Requirements
Requests for time extensions should be submitted to the Community Development Department 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 by the project applicant 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.
b. Fees — Time extension fees are based on the latest fee schedule in effect at the time of submittal
for an extension of time request.
3. Processing
The filing of such a time extension request automatically extends the map until the map is recorded or
until the extension expires, whichever comes first. The Director shall determine whether sufficient
evidence was provided in the application that there are no changed circumstances and /or that the
subdivider has made a good faith effort to establish the subdivision.
Extension(s) not exceeding an aggregate total of thirty -six (36) months may be approved, conditionally
approved or disapproved. No extension shall be granted that would extend the tentative map more than
six (6) years beyond the date of the resolution adopted by the decision making body approving or
25 Subdivision Manual
conditionally approving the tentative map unless otherwise authorized by State Law. As a condition to
granting an extension of time, the Director or, upon appeal, the City Council may require compliance with
any additional requirements deemed necessary to carry out the spirit and intent of this Subdivision Code.
The period of extension specified in this section shall be in addition to any extension authorized by
Government Code Section 66452.6(a). The Director's decision is final unless appealed.
7.5 Correction and Amendment of Tentative Map
Prior to final map approval, the City or the subdivider may request amendments to the approved tentative map,
including vesting tentative maps, or conditions of approval. The Director shall determine whether a proposed
amendment is a substantial or a minor amendment.
A. Substantial Changes Proposed to an Approved Tentative Map
Substantial changes proposed to an approved tentative map shall only be permitted upon the filing and
responsible decision maker approval of a new tentative map.
B. Changes in Conditions of Approval, Minor Corrections, and Amendments to an
Approved Tentative Map
If the applicant wishes to change conditions of approval and /or implement minor corrections and amendments to
an approved tentative map, an application and filing fee must be submitted and may be approved by the
Director. The following findings must be applicable:
1. No lots, units, or building sites or structures are added;
2. The changes are consistent with the intent and spirit of the original tentative map approval; and
3. There are no resulting violations of the Tustin General Plan, Zoning Code, applicable Specific Plan,
the Subdivision Code or the Subdivision Map Act.
A correction or amendment of a map shall be indicated on the tentative map. An approval of a request for minor
corrections and amendments shall not alter the expiration date of the tentative map unless an application for
extension is concurrently approved.
8..0 FINAL PARCEL AND TRACT MAPS (TCC 9325)
8.1 Purpose
The purpose of this section is to provide guidance on filing final maps and complying with requirements.
8.2 Applicability
This section applies to the submittal of final parcel maps and final tract maps in accordance with the Subdivision
Code (TCC 9325).
8.3 Submittal Requirements
A. Application Form
Final map applications shall be submitted to the Community Development Department /Planning Division. Initial
submittals for final map applications shall include all application forms, materials and exhibits identified in the
Department's 'Instructions for Filing a Development Application."
Subdivision Manual 26
B. Accompanying Data and Reports
The following items shall be completed or provided and accepted as adequate prior to Director approval:
1. Improvement Plans
The subdivider has either completed the required improvements, or completed the final design and
entered into an agreement with the City committing to do the required improvements as required by the
Subdivision Code and conditions of the tentative map.
2. Title Report
A certificate of title, a policy of title insurance or title guarantee issued by a title company authorized by
the State to write the same, showing the names of all persons having any record title interest in the
subject subdivision site, together with the nature of their respective interests in the property. The title
report must be current within three (3) weeks of final map submittal.
3. Survey and Monuments
Field survey in conformity with the Professional Land Surveyor's Act and the Subdivision Code. Durable
monuments shall be installed to conform with the Business and Professions Code and the Subdivision
Code.
4. Tax Certificate
A certificate from the County Tax Collector stating that all taxes or special assessments collected as taxes
due have been paid or that a tax bond or other adequate form of security assuring payment of all taxes
or special assessments which are a lien, but not yet payable, has been filed with the County.
5. Dedications and Easements
Dedications or easements made by certificate on the final map unless use of a separate instrument for
such dedication has been approved by the City Engineer.
6. Traverse Closures
Traverse closures for the boundary blocks, lots, easements, street centerlines and monument lines have
been accepted as adequate.
7. Governing Documents
A draft copy of Conditions, Covenants, and Restrictions (CC &Rs) and related organizational documents
consistent with Section 13.2 of this Manual.
8. Guarantee of Title
A guarantee of title, in a form acceptable to the City Attorney, issued by a competent title company to
and for the benefit and protection of the City in accordance with the Subdivision Code.
9. Improvement Agreement
A filed improvement agreement in the event that required improvements have not been completed prior
to the presentation of the final map.
10. Street Names
A list of proposed street names for approval by the Director and /or the Tustin Street Naming Committee.
11. CADD Format Maps
Provide final map and plans in computer aided design and drafting (CADD) format consistent with CADD
conventions and guidelines established by the City Engineer.
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12. Liability Agreement and Insurance
A hold - harmless agreement obligating the subdivider to hold the City and its officers, agents and
employees harmless from any liability for damages or claims resulting from the subdivision.
13. Fees and Deposits
Fees and deposits based on the latest fee schedule in effect at the time of submittal. Final map
application fees and deposits are paid to the Community Development Department at the time of
application submittal.
14. Corrections
Any and all corrections should be incorporated into the final map and acceptable to the City Engineer.
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.
C. Final Map Form and Content
The final map shall be prepared in a manner acceptable to the City Engineer and County Surveyor's Office 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 based film
and shall contain the following information, unless waived by the City Engineer.
1. 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.
2. 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 shown. When four (4) or more sheets, including the certificate sheet, are used, a
key sheet shall be included.
3. Graphic and Linear Representation
Proposed lines and features on the final map shall be represented as follows:
a. 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
b. 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.
4. 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."
Subdivision Manual 28
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5. Descriptive Information
There must appear on each map sheet the scale (written and graphic), the north arrow, 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.
6. Location and Boundary Delineation
The following items must be identified on the Final Map:
a. 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.
b. The location and description of all existing and proposed monuments shall be shown. Standard
City monuments shall be set at or on the following locations:
1) The intersection of street centerlines;
2) Beginning and end of curves or intersection or tangents on centerlines; and
3) At other locations as may be required by the City Engineer.
c. All adjoining subdivisions shall be identified by subdivision number or name when not identified
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.
d. City boundaries which cross or adjoin the subdivision shall be clearly designated.
e. All easements and restrictions applicable to the subject properties.
f. A list with documentary references for all signature omissions shall be provided on the cover
sheet or second sheet.
7. Supplemental Information
The following items shall be represented on the final map:
a. All certificates and acknowledgements 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 based film, the ink surface shall be coated with a suitable substance to assure
permanent legibility;
b. Numbered lots 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 be
shown entirely on one (1) sheet of the final map;
c. Lettered lots shall begin with the letter A 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 lettered lots may begin with the next
consecutive letter following the last letter in the preceding unit. Each lot shall be shown entirely
on one (1) sheet of the final map;
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d. 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;
e. 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; and,
f. 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.
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 City Engineer.
8.4 Processing
A. Submittal
Final map applications shall be submitted to the Community Development Department. The Community
Development Department will assign a case number to the application and undertake formal review and
processing of the request.
B. Multiple Final Maps
In order to file multiple final maps, the subdivider must, at the time of tentative map application, notify the
Director in writing of the subdivider's intention to file multiple final maps. If a written letter of intent was not
submitted at the time of tentative map submittal, processing of multiple final maps may be filed only with the
concurrence of the Director.
Each final map shall have a separate parcel or tract map number, as obtained from the Orange County Surveyor.
Subdivision improvement agreements executed by the subdivider shall provide for the construction of
improvements as required to constitute a logical and orderly development of the whole subdivision.
C. Initial Review
1. Final maps are simultaneously reviewed by the City and the Orange County Surveyor's Office. The
applicant is responsible for making separate submittals of final maps to the County for checking.
2. The Community Development and Public Works Departments shall review final maps for
completeness and substantial compliance with the applicable tentative maps and conditions of
approval. Within thirty (30) calendar days of submittal, the applicant shall be notified by the
Community Development Department as to whether the maps are acceptable or if corrections are
required.
3. The City Attorney, Community Development Department and Public Works 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 thirty (30) calendar days of resubmittal as to
whether the draft CC &Rs are acceptable or if revisions are required.
Subdivision Manual 30
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D. Environmental Review
Approvals for final map applications are granted by the Community Development Director, which is considered a
ministerial action. Under CEQA regulations, ministerial actions are categorically exempt from the CEQA process.
E. Revision
Once the comments from the reviewing bodies have been forwarded to the applicant, the applicant is responsible
for resubmitting a revised map with corrections. The amount of time necessary for revisions is at the applicant's
discretion; however revised plans should be resubmitted within six (6) months of the Letter of Incomplete
issuance date or the project may be considered withdrawn.
To expedite review of the revised map, the applicant should accompany resubmittal of the map application
materials with correspondence identifying the following:
1. Corrections/ revisions that have been made which concur with the City's comments.
2. Corrections /revisions that have not been made because of disagreement with the City's comments,
accompanied with an explanation of the applicant's position.
3. New items or revisions not related to a correction.
If the initial final map had major revisions, the staff planner will redistribute the revised map to the reviewing
bodies for comment. City staff may request that the planner transmit all submitted revisions for review even if the
staff did not have comments for the previous submittal. The staff planner will then proceed with analysis and
processing.
F. Approval Process
1. Upon substantial completion of final map checking and public improvement plans, the Community
Development Department, with assistance from 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 9332x, the Community
Development Director 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.
2. In conjunction with Community Development Director approval of a final map, the City Engineer shall
have the authority to accept, accept subject to improvement or reject any offer of dedication. If at
the time the final map is approved, any streets, paths, alleys, public utility easements, rights -of -way
for local transit facilities or storm drainage easements are not accepted by the City Engineer, the
offer of dedication shall remain open. The City Engineer may at any later date, and without further
action by the subdivider, rescind the action and accept and open the streets, paths, alleys, rights -of-
way for local transit facilities, or storm drainage easements, the acceptance of which shall be
recorded in the office of the County Recorder.
3. 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 subdivision bonds executed, 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 review the final map for the Community
Development Director's consideration. Upon notification that the application is complete and
approved, the applicant shall provide the Community Development Department with a PDF file of the
completed map and associated plans.
4. 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
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Code and Subdivision Map Act, the Community Development Director will approve the final map and
shall document the decision in writing with the findings upon which the decision is based.
G. Post Approval Requirements
1. Upon Community Development Director approval of the final map, the applicant shall comply with the
following Post Approval Procedures (TCC 9325e):
a. City Engineer Signature: The original maps and any required duplicates shall be signed by all
parties required to execute the certificates on the map. Original signatures shall appear on the
original and required duplicates.
Upon approval of the final map by the Director, and signature by the Director of Community
Development and City Engineer, the City Clerk shall execute the appropriate certificate on the
certificate sheet and transmit the map, or have an authorized Title Company provided by the
subdivider transmit the map to the County.
b. County Process: The subdivider's bonded Title Company will be responsible for processing the
signed final maps through the County of Orange processes and obtaining the necessary surveyor
signatures, tax collector certificates, etc.
c. County Recorder: The County Surveyor will forward completed and approved final maps to the
County Recorder for recordation.
2. In addition to the full size plans specified in Section 9325b.12 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 Intergraph 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
Public Works Department Engineering Division.
3. 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 to the
Engineering Division.
H. Appeals
For appeal information, see Section 13.1 of this Manual.
I. Post Approval and Recordation Process
This section describes the necessary steps to record a final map. The subdivider shall be responsible for paying
any review and /or recordation fees required for this process. The process shall proceed in the order and as
described below:
1. After the Director approves the final map, in accordance with the Subdivision Code and Section 8.4F
of this Manual, staff will instruct the subdivider to submit the final map on mylar to the project
planner.
2. The planner shall route the mylar maps to the Public Works Department for review. The Community
Development Department and Public Works Departments will review the map for compliance with the
final map conditions of approval.
Subdivision Manual 32
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3. If the map is acceptable and in compliance with the conditions of approval, the Director of
Community Development and City Engineer shall sign the mylar maps and return them to the staff
planner assigned to the project.
4. The staff planner will then route the mylar maps to the City Clerk and attach a cover letter or
memorandum with other pertinent information, such as project contacts, etc., stating that the final
map is in compliance.
5. The City Clerk then contacts the subdividers Title Company to instruct them to send a Title Company
Officer to pick up the map from the City Clerk's office.
6. The Title Company takes the signed mylar maps to the County Tax Collector for official signature,
then to the County Surveyor for official signature.
7. The County Surveyor now has the task of sending the mylar maps directly to the County Recorder for
recording.
8. After the Final Map is recorded, the applicant shall submit two (2) full -size hard copies of the
recorded maps and PDF copy to the Community Development Department.
9. The Community Development Department shall forward the copies to the Public Works Department
for filing /archiving.
I Timing and Time Extension
Final maps should be submitted at least ninety (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 thirty (30) days prior to the expiration of the tentative map, and
the tentative map qualifies for a time extension in accordance with Section 9323e of the Subdivision Code and
Section 66452.6(a) of the Subdivision Map Act, the applicant is advised to apply for an extension of time (Section
9323e.3 of the Subdivision Code and Section 7.4.I 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.
8.5 Correction and Amendment of Final Map
A. Applicability
After a final map is filed in the office of the County Recorder, the map may be amended by a certificate of
correction or an amending map for any of the following purposes:
1. To correct an error in any course or distance shown thereon;
2. To show any course or distance that was omitted therefrom;
3. To correct an error in the description of the real property shown on the map;
4. To indicate monuments set after the death, disability, retirement from practice or replacement of the
engineer or surveyor charged with responsibilities for setting monuments;
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5. To show the proper location or character of any monument which has been changed in location or
character, or originally was shown at the wrong location or incorrectly as to its character;
6. To correct any additional information filed or recorded pursuant to Section 66434.2 of the Subdivision
Map Act, if the correction does not impose any additional burden on the present fee owners of the
real property and does not alter any right, title or interest in the real property reflected on the
recorded map;
7. To correct any other type of map error or omission as approved by the County Surveyor or City
Engineer that does not affect any property right, including, but not limited to, lot numbers, acreage,
street names, and identification of adjacent record maps. As used herein, "error" does not include
changes in courses or distances from which an error is not ascertainable from the data shown on the
final map; or
8. To modify conditions of approval if the Director finds that:
a. There are changes in circumstances which make any or all of the conditions of such map no
longer appropriate or necessary;
b. The modifications do not impose any additional burden on the present fee owner of the property;
c. The modifications do not alter any right, title or interest in the real property reflected on the
recorded map; and
d. The map as modified conforms to the required findings of approval specified in Section 9323c of
the Subdivision Code.
B. Amending Map / Certificate of Correction
Proposed amendments or corrections that meet descriptions 1 through 7 in Section 8.5A above shall be reviewed
by the City Engineer and the Community Development Department and certified by the Community Development
Director.
The amending map or certificate of correction shall be prepared by a registered civil engineer or licensed land
surveyor. The form and contents of the amending map shall conform to the requirements of the Subdivision Map
Act, Subdivision Code and the Manual.
When approved, the amending map or certificate of correction shall set forth in detail the corrections made and
show the names of the present fee owners of the property affected by the correction on the date of the filing or
recording of the original recorded map.
The City Engineer shall examine the amending map or certificate of correction within twenty (20) working days of
submittal for compliance with the provisions of the Subdivision Map Act, Subdivision Code and the City's
Subdivision Manual. The City Engineer shall either certify the map or certificate and continue processing the map
in accordance with Section 8.4I of this Manual, or provide a written statement of the changes necessary to make
it conform to the requirements of the Subdivision Map Act, Subdivision Code, or the Subdivision Manual. If the
resubmitted corrections are approved, the process shall continue in accordance with Section 8.4I of this Manual.
C. Modification to Conditions of Approval
Proposed amendments or corrections that meet description #8 in Section 8.5A shall be processed through a
public hearing process.
Modifications to conditions of approval shall be set for public hearing before the responsible decision maker
consistent with the noticing provisions. The hearing by the responsible decision maker shall be confined to
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consideration of, and action on, the proposed modification. Decisions by the responsible decision maker may be
appealed pursuant to TCC Section 9321h and Section 13.1 of this Manual.
D. Post Approval Process
Upon filing of the amending map or certificate of correction by the City Engineer, the County Recorder shall index
the names of the fee owners and the appropriate subdivision designation shown on the amending map or
certificate of correction in the general index and map index respectively. Thereafter, the original map shall be
deemed to have been conclusively corrected, and thereafter shall impart constructive notice of all such
corrections in the same manner as though set forth upon the original map.
9.0 REVERSIONS TO ACREAGE (TCC 9326)
9.1 Purpose
The purpose of this section is to provide guidance on filing and processing applications for reversions to acreage
of approved subdivisions.
9-.2 Applicability
This section shall apply to final maps and include reversions to acreage initiated by either the property owner or
the City.
9.3 Submittal Requirements
Proceedings to revert subdivided property to acreage may be initiated by resolution of the City Council or with the
submission of a formal application by all of the owners of record of the property.
A. Application Form
Reversion to Acreage applications shall be submitted to the Community Development Department. Initial
submittals for reversion to acreage applications shall include the Development Application Form and
Environmental Information Form.
B. Accompanying Documents and Reports
1. Preliminary Title Report
One (1) 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) calendar 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.
2. Evidence of Authority to File
The applicant shall submit adequate documentation establishing their authority to file the proposed
reversion to acreage. At least one of the following shall be provided:
a. Evidence of the consent of all of the owners holding an interest in the property. Each record
owner must sign a letter of authorization form prescribed by the Community Development
Department. All authorization forms shall be wet - signed and notarized.
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b. 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.
c. Evidence that no lots shown on the final tract or parcel map have been sold within five (5) years
from the date such final tract or parcel map was filed for record. The form of such evidence shall
be determined by the Director.
3. Noticing Materials
Reversions to acreage are subject to a noticed public hearing before the City Council. Noticing materials
shall be provided as described in Section 5.4 of this Manual.
4. Final Map
The final map shall be prepared as prescribed under Section 8.0 et al of this Manual, with the following
language added to the title: "THE PURPOSE OF THIS MAP IS A REVERSION TO ACREAGE." Submittal in
CADD format shall also be required in accordance with Section 8.4G.2 of this Manual.
S. Fees
Application fees and /or deposits for reversion to acreage final maps are paid to the Community
Development and Public Works Departments at the time of application submittal. Fees are based on the
latest fee schedule in effect at the time of submittal.
9.4 Processing
A. Submittal
Reversion to acreage submittals shall be submitted to the Community Development Department. Upon receipt of
a reversion to acreage submittal, the Community Development Department will undertake formal review and
processing of the request.
B. Initial Review
The Community Development and Public Works Departments will review the reversion to acreage application for
completeness. Within thirty (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.
C. Environmental Review
Reversion to acreage applications are categorically exempt from CEQA requirements unless the project involves
potential harm to the environment.
As part of the review of the reversion to acreage application, the Planning staff of the Community Development
Department will analyze the application for compliance with the California Environmental Quality Act (CEQA). If
staff determines that the project is exempt from CEQA, either categorically or statutorily, staff will prepare and
file a notice of exemption for the application.
If staff determines that the project is not exempt from CEQA, staff will then prepare an initial study to determine
if the project may have a significant effect on the environment. The Community Development staff shall make
one of the following environmental determinations for the proposed subdivision:
1. Negative declaration (no significant effect)
2. Mitigated negative declaration (significant effects mitigated)
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3. Previous Environmental Impact Reports (no new impacts)
4. Addendum to Previous Environmental Impact Report (minor technical changes /additions necessary)
5. Supplemental Environmental Impact Report (new impacts identified)
6. Environmental Impact Report (new projects /significant impacts identified)
Each of these environmental determinations is bound by specific processing procedures and associated time
frames, which are detailed in the State CEQA Guidelines. The applicable procedure will be explained to the
applicant once staff determines the appropriate environmental review for the project. It is important to note,
however, that the environmental review occurs concurrently with the subdivision review; no action can be
conducted by the approving body until the requirements for environmental review have been completed.
D. Revision
Once the comments from the reviewing bodies have been forwarded to the applicant, the applicant is responsible
for re- submitting a revised map with corrections and supporting documentation. The amount of time necessary
for revisions is at the applicant's discretion; however revised project plans should be resubmitted within six (6)
months of the Letter of Incomplete issuance date or the project may be considered withdrawn.
To expedite review of the revised map, the applicant should accompany resubmittal of the map application
materials with correspondence identifying the following:
1. Corrections /revisions that have been made which concur with the City's comments.
2. Corrections /revisions that have not been made because of disagreement with the City's comments
and accompanied with an explanation of the applicant's position.
3. New items or revisions not related to a correction.
If the initial map had major revisions, the staff planner will redistribute the revised map to the reviewing bodies
for comment. City staff may request that the planner transmit all submitted revisions for review even is staff did
not have comments on the previous submittal. The staff planner will then proceed with analysis and processing.
E. Deem Application as Complete
Once the application is determined to be complete, the Community Development Department will schedule the
proposal for a public hearing on an upcoming Planning Commission agenda, then a City Council agenda following
receipt of a recommendation on the matter by the Planning Commission. Noticing of the public hearings will be
given in compliance with TCC Section 9321g (Public Hearings). Upon notification that the application is complete,
the applicant shall provide the Community Development Department with PDF files of the map sheets.
F. Approval Process
The Planning Commission will consider the reversion to acreage request and make a recommendation to the City
Council.
The City Council will approve, conditionally approve or deny the request by adoption of a resolution prepared by
the Community Development Department. An approval resolution may include conditions supported by the
findings required by the Subdivision Code and Section 66499.16 of the Subdivision Map Act.
G. Appeals
City Council decisions are final and cannot be appealed.
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H. Post Approval Process
Upon City Council approval of the final map for reversion to acreage, the applicant shall comply with the following
post approval procedures :
1. City Engineer Signature: The original maps and any required duplicates shall be signed by all parties
required to execute the certificates on the map. Original signatures shall appear on the original and
required duplicates. Upon receipt of the certificates and submittals, the City Engineer shall sign the
appropriate certificates and transmit the original map to the City Clerk.
2. Filing with the County Recorder: Upon approval of the final map by the Director, and signature by
the City Engineer, the City Clerk shall execute the appropriate certificate on the certificate sheet and
transmit the map, or have an authorized agent forward the map, to the County Recorder.
10.0 PARCEL MERGER (TCC 9327)
A parcel merger is the joining of two (z) 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 mergers are
enumerated in Section 9327 of the Subdivision Code; if these criteria cannot be met, a lot line adjustment or
Tentative and Final Tract /Parcel Map would be required to legally merge the parcels.
10.1 Purpose
The purpose of this section is to provide processing instructions for parcel merger projects to bring substandard
lots into conformity.
10.2 Applicab""
This section applies to the submittal and processing of Parcel Mergers in accordance with this section and the
Subdivision Code. The terms "parcel merger" and "lot merger" are interchangeable. 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.
10.3 Submittal Requirements
The Community Development Department will accept parcel merger applications only upon submittal of the
following.
A. Application Form
Parcel merger applications shall be submitted to the Community Development Department /Planning Division.
Initial submittals for parcel merger applications shall include all application forms, materials and exhibits identified
in the Department's "Instructions for Filing a Development Application."
B. Accompanying Documents, Data and Reports
1. Waiver of Right of Hearing and Notice
Public hearings are not required for the consideration of parcel merger requests. The property owner(s)
may sign a Waiver of Right of Hearing and Notice to facilitate a shorter processing schedule.
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2. Preliminary Title Report
One (1) 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.
3. Fees
Parcel merger application fees and deposits are paid to the Community Development and Public Works
Departments at the time of application submittal. Fees are based on the latest fee schedule in effect at
the time of submittal.
C. Form and Content
1. 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
Su rveyor.
2. 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:
a. Graphic map scale and north arrow.
b. The location of the subject property in relation to existing adjacent streets.
c. 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.
d. Numbering for each parcel prior to the proposed merger, drawn in light dashed lines.
e. Gross area of each parcel prior to the proposed merger.
f. California Registered Civil Engineer or Licensed Land Surveyor wet signature and stamp.
3. Site Plan
Since only certain information can be on the recordable Parcel Merger map, a separate site plan may be
required if one (1) 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.
a. 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.
b. The location of any aboveground or underground 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.
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10.4 Processing of Mergers Initiated bv the Property Owner
A. Submittal
Application for parcel mergers initiated by property owners shall be delivered in person to the Community
Development Department. Upon receipt of a parcel merger application, the Community Development
Department will undertake formal review and processing of the request.
B. Initial Review
The Community Development and Public Works Departments shall review the parcel merger application for
completeness. Within thirty (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 Community Development Department, in
consultation with the Public Works Department, shall determine that the proposed parcel merger complies with
the following requirements of the Subdivision Code (TCC Section 9327b.1 and 2):
1. At least one (1) of the affected parcels or units of land is undeveloped with any structure for which a
building permit was issued or for which a building permit was not required at the time of
construction, or is developed only with an accessory structure or accessory structures, or is
developed with a single structure other than an accessory structure that is also partially sited on a
contiguous parcel or unit of land.
2. With respect to any affected parcel or unit of land, one (1) or more of the following conditions exists:
a. The parcel comprises less than five thousand (5,000) square feet in area at the time of the
determination of merger;
b. The parcel was not created in compliance with applicable laws and ordinances in effect at the
time of its creation;
c. The parcel does not meet current standards for sewage disposal and domestic water supply;
d. The parcel does not meet slope stability standards;
e. The parcel has no legal access that is adequate for vehicular and safety equipment access and
maneuverability;
f. The parcel's development would create health or safety hazards; or,
g. The parcel is inconsistent with the General Plan and any applicable specific plan, other than
minimum lot size or density standards.
C. Environmental Review
Parcel Mergers are typically exempt from CEQA requirements unless the merger is part of a larger project scope.
As part of the review of the parcel merger application, the Planning staff of the Community Development
Department will analyze the application for compliance with CEQA. If staff determines that the project is exempt
from CEQA, either categorically or statutorily, staff will prepare and file a notice of exemption for the parcel
merger application.
If staff determines that the project is not exempt from CEQA, staff will then prepare an initial study to determine
if the project may have a significant effect on the environment. The Community Development Staff shall make
one of the following environmental determinations for the proposed application:
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1. Negative declaration (no significant effect)
2. Mitigated negative declaration (significant effects mitigated)
3. Previous Environmental Impact Reports (no new impacts)
4. Addendum to Previous Environmental Impact Report (minor technical changes /additions necessary)
5. Supplemental Environmental Impact Report (new impacts identified)
6. Environmental Impact Report (new projects /significant impacts identified)
Each of these environmental determinations is bound by specific processing procedures and associated time
frames, which are detailed in the State CEQA Guidelines. The applicable procedure will be explained to the
applicant once staff determines the appropriate environmental review for the project. It is important to note,
however, that the environmental review occurs concurrently with the parcel merger review; no action can be
conducted by the approving body until the requirements for environmental review have been completed.
D. Revision
Once the comments from the reviewing bodies have been forwarded to the applicant, the applicant is responsible
for resubmitting a revised map with corrections. The amount of time necessary for revisions is at the applicant's
discretion; however revised project plans should be resubmitted within six (6) months of the Letter of Incomplete
issuance date or the project may be considered withdrawn.
To expedite review of the revised map, the applicant should accompany resubmittal of the map application
materials with correspondence identifying the following:
1. Corrections/ revisions that have been made which concur with the City's comments.
2. Corrections /revisions that have not been made because of disagreement with the City's comments
(accompanied with an explanation of the applicant's position).
3. New items or revisions not related to a correction.
If the initial application had major revisions, the staff planner will redistribute the revised application to the
reviewing bodies for comment. City staff may request that the planner transmit all submitted revisions for review
even if staff did not have comments for the previous submittal. The staff planner will then proceed with analysis
and processing.
E. Approval
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;
2. Waiver of Right of Hearing and Notice, when applicable;
3. If a Waiver of Right of Hearing and Notice is not signed, the filing of a Notice of Intention to
Determine Status must be made before the filing of a Notice of Merger; and
4. Notice of Merger, including the names of the record owners and legal description of the property.
F. Appeals
For appeal information, see Section 13.1 of this Manual.
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G. Post Approval Requirements
Pursuant to Subdivision Map Act 66451.12, the parcel merger will become effective upon recordation of the
Notice of Merger. The staff planner shall prepare a letter to the applicant indicating that the requested merger
has been approved.
10.5 Processing of Mergers Initiated by the City
A. Notice of Intention to Determine Status
Prior to a notice of merger initiated by the City, the Community Development Director shall prepare a Notice of
Intention to Determine Status and file the notice with the County Recorder. County filing fees shall be paid by
the City, if applicable.
1. Contents of Notice of Intention to Determine Status
The notice shall state that the affected parcels or units of land may be merged pursuant to the
Subdivision Code.
2. Timing
a. Within thirty (30) days of notice date, the property owner may request a Planning Commission
hearing to present evidence that the property does not meet criteria for a merger.
b. The Notice of Intention to Determine Status shall be filed with the County Recorder by the
Director on the same days as the notice is mailed to the property owner.
3. Determination when no hearing is requested
a. If the property owner does not file a request for hearing, the Director shall make a determination
that the parcels are or are not to be merged.
b. If the parcels are determined to be merged, the Community Development Director shall file a
Notice of Merger with the County Recorder within ninety (90) days after the mailing of the Notice
of Intention to Determine Status, unless the decision is appealed.
B. Hearing on Determination of Status
1. Hearing Date
Upon request by the current owner for a hearing by the Planning Commission regarding the parcel
merger, the Community Development Department shall set a time, date and place for the hearing. The
hearing shall take place within sixty (60) days following the receipt of the owner's request, or postposed
or continued by mutual consent of the Community Director and property owner.
2. Notice of Hearing
The Community Development Department shall notify the current owner of the hearing via certified mail.
3. Hearing
a. The property owner shall be given the opportunity to present evidence that the affected
properties do not meet requirements for a merger.
b. The Planning Commission shall consider the evidence presented and make a determination on
whether the affected parcels are to be merged or not. The Community Development Department
shall notify the owner of the Planning Commission determination by letter sent via certified mail.
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4. Determination of Merger
a. Parcels are to be merged: The Community Development Director shall file a Notice of Merger
with the County Recorder and notify the property owner within thirty (30) days of the Planning
Commission's action.
b. Parcels are not to be merged: A Release of Notice of Intention to Determine Status shall be filed
with the County Recorder within thirty (30) days of the Planning Commission determination,
unless appealed, and a clearance letter shall be delivered to the owner via certified mail.
11.0 CERTIFICATES OF COMPLIANCE (TCC 93336)
11.1 Purpose
The purpose of this section is to provide information and instruction on filing and processing a Certificate of
Compliance request. A Certificate of Compliance is usually requested by the property owner or their agent in
association with a contract of sale for the real property.
11.2 Applicability
This section applies to the submittal and processing of Certificate of Compliance applications in accordance with
the Subdivision Code. Each Certificate of Compliance application may correspond to only one (1) parcel of
record.
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 9313c), 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 9325b.5 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.
11.3 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. Application Form
For Certificate of Compliance applications initiated by property owner, the property owner or authorized agent
must submit a completed Development Application Form to the Community Development Department. Upon
receipt of an application submittal, the Community Development Department will undertake formal review and
processing of the request.
B. Accompanying Documents, Data and Reports
1. Preliminary Title Report
One or more preliminary title reports covering the parcel included in the Certificate of Compliance 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.
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2. Legal Description
A legal description with graphical exhibits 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.
3. Fees
Certificate of Compliance application fees and plan check deposits are paid to the Community
Development and Public Works Departments at the time of application submittal. Fees are based on the
latest fee schedule in effect at the time of submittal.
C. Form and Content
A map (2 copies), legibly drawn in black ink to an engineer's scale with the graphic scale shown on the map, shall
be provided. The following information shall be included on the map:
1. The boundaries of the subject parcel with dimensions;
2. The gross area of the subject parcel;
3. 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;
5. The location, size and type of all existing on -site or adjacent utilities;
6. The location and use of any aboveground or underground structures, 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;
8. Name, address, telephone number and signature of current property owner;
9. 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).
11.4 Processing
A. Submittal
Upon receipt of a 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 review and
comment.
B. Initial Review
Within thirty (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 period, the Public Works Department will notify the Community Development Department if
corrections to the map exhibits and /or legal description are needed.
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1. 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
and the applicant shall pay applicable filing fees. 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.
2. 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 Section
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. The applicant shall pay any applicable fees associated with recording the deed restriction.
3. If the Community Development Director finds that development of the subject property is contrary to
the Subdivision Map Act and /or 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.
C. Environmental Review
Applications for Certificate of Compliance are typically categorically exempt from the CEQA process, unless the
application is associated with broader projects.
As part of the review of the application, the Planning staff of the Community Development Department will
analyze the application for compliance with CEQA. If staff determines that the project is exempt from CEQA,
either categorically or statutorily, staff will prepare and file a notice of exemption for the tentative map
application.
If staff determines that the project is not exempt from CEQA, staff will then prepare an initial study to determine
if the project may have a significant effect on the environment. The Community Development Staff shall make
one of the following environmental determinations for the proposed subdivision:
1. Negative declaration (no significant effect)
2. Mitigated negative declaration (significant effects mitigated)
3. Previous Environmental Impact Reports (no new impacts)
4. Addendum to Previous Environmental Impact Report (minor technical changes /additions necessary)
5. Supplemental Environmental Impact Report (new impacts identified)
6. Environmental Impact Report (new projects /significant impacts identified)
Each of these environmental determinations is bound by specific processing procedures and associated time
frames, which are detailed in the State CEQA Guidelines. The applicable procedure will be explained to the
applicant once staff determines the appropriate environmental review for the project. It is important to note,
however, that the environmental review occurs concurrently with the subdivision review; no action can be
conducted by the approving body until the requirements for environmental review have been completed.
D. Revision
Once the comments from the reviewing bodies have been forwarded to the applicant, the applicant is responsible
for resubmitting a revised application with corrections. The amount of time necessary for revisions is at the
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applicant's discretion; however revised applications should be resubmitted within six (6) months of the Letter of
Incomplete issuance or the project may be considered withdrawn.
To expedite review of the revised application, the applicant should accompany resubmittal of the application
materials with correspondence identifying the following:
1. Corrections/ revisions that have been made which concur with the City's comments.
2. Corrections/ revisions that have not been made because of disagreement with the City's comments
(accompanied with an explanation of the applicant's position).
3. New items or revisions not related to a correction.
If the initial application had major revisions, the staff planner will redistribute the revised application to the
reviewing bodies for comment. City staff may request that the planner transmit all submitted revisions for review.
The staff planner will then proceed with analysis and processing.
E. Approval
When it can be determined that the property is in compliance with applicable requirements, the director will
approve the application and issue a certificate of compliance.
12.0 DEDICATIONS., RESERVATIONS AND DEVELOPMENT FEES
12.1 Purpose
This section addresses requirements for dedications, reservations and development fees including applicability,
procedure and recordation.
12.2 Applicability
This section applies to subdivision projects, which through the nature and scope of the project, are required to
provide dedications, reservations and development fees as appropriate to the project.
12.3 Dedication of Streets, Alleys, Bicycle Paths and Other Public Rights-
of -way or Easements
The subdivider may be required, as a condition of approval of a tentative map, to dedicate or make an
irrevocable offer of dedication of real property for public use or benefit including street and alleys, drainage,
public greenways, parks, bicycle paths, trails, scenic easements and other public easements. The subdivider may
also be required to improve all said dedications, at no cost to the City.
12.4 Waiver of Direct Access Rights
The City may require, as a condition of approval of a tentative map, that dedications or offers of dedication also
include a waiver of direct access rights to any such street from any property within or abutting the subdivision.
12.5 Dedications /Fee Title
All dedications of property to the City for public purposes shall be made in fee title, except that, at the City's
discretion, a grant of an easement may be accepted for the following:
A. Open space easements
Subdivision Manual 46
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B. Scenic easements
C. Public utility easements
All dedications in fee and grants of easement shall be free of liens and encumbrances, except as deemed
acceptable by the City in accordance with the Subdivision Code.
12.6 Parkland Dedication and In Lieu Fees
A. Purpose
The purpose of Parkland Dedication requirements is to implement the Conservation / Open Space / Recreation
Element policies in the General Plan by requiring subdividers to provide land or pay in lieu fees to provide open
space and recreation opportunities for the residents in the new subdivision.
B. Applicability
Parkland Dedication requirements are applicable to real property subdivisions, as defined by the Subdivision Map
Act.
C. Exception
Parkland dedications or in lieu fees are not required for the following:
1. Industrial subdivisions
2. Commercial subdivisions
3. Condominium projects or stock cooperatives in existing apartment buildings that are more than five
(5) years old and no new dwellings are added.
4. Subdivisions containing less than five (5) parcels and not used for residential purposes.
D. Waiver
Parkland dedication fees may be waived by the City Council in its discretion upon the submission and approval of
agreements for specific projects designed and guaranteed for low income, senior and handicapped citizen
occupants.
E. Standards and formula for land dedication
The City requires three (3) acres of usable park land for every one thousand (1,000) residents. Subdividers must
use the parkland acreage ratio requirements based on density ranges provided in the Subdivision Code. Alternate
acreage ratio requirements may be applicable provided the ratio requirements are established in an adopted
Specific Plan, or Disposition and Development Agreement.
F. Fees in lieu of dedication
1. Applicability
Where there is no public park or recreation facility required, the subdivider shall pay a park fee if the one
of the following apply:
a. The subdivision is less than fifty (50) parcels.
b. Project is a conversion of an existing apartment complex to multiple -owner occupancy not
exempted in the Subdivision Code.
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2. Fee Calculation
Park fees are calculated on the following:
a. Per unit basis.
b. Reflects value of land required for park purposes.
c. Land value amount is based on the fair market value that would otherwise be required for
dedication.
d. Fair market value shall be determined by a Master Appraisal Institute (MAI) appraiser acceptable
to the city and at the expense of the subdivider. If the subdivider objects to the fair market value
as determined by the MAI appraiser, an appeal may be made to the Planning Commission and
the subdivider shall have the burden of proof in contesting the appraised value.
e. The determination shall consider the value of buildable acre of land at the time the final map is to
be recorded. If more than one (1) year elapses between the appraisal and recording of the final
map, the City will require a new appraisal be prepared at the expense of the subdivider.
3. Voluntary Parkland Dedication
In projects involving subdivisions of fifty (50) parcels or less, the subdivider may voluntarily dedicate land
for park and recreation purposes and the land is acceptable to the responsible decision maker.
G. Combination of Dedication and Fees
When the subdivider elects to provide a combination of parkland and 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 Subdivision
Code and subtracting the amount of parkland actually provided. The remainder shall be converted to 'fee" on a
per unit basis.
H. Credit for Private Open Space
The responsible decision maker may approve private space for park and recreational purposes and credit the
space towards the park requirement provided the following circumstances apply:
1. The space be privately owned and maintained by the future subdivision residents.
2. The responsible decision maker finds that it is in the public interest to approve such private open
space.
3. The use is restricted for park and recreational purposes via recorded covenants.
4. The proposed open space is adaptable for park and recreational use purposes.
5. The proposed open space is in substantial accordance with the Recreational Element of the General
Plan.
6. The open space is minimum one (1) acre in size and provides at least one (1) of the following basic
park elements:
a. Recreational open spaces —areas for active recreational pursuits such as soccer, baseball,
softball, football, etc. and at least one (1) acre of maintained turf with less than five (5) percent
slope.
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b. Court areas — courts for tennis, badminton, basketball, shuffleboard or similar hard - surfaced
areas design exclusively for court games.
c. Recreational swimming areas — fenced areas devoted primarily to swimming, diving or both and
include decks, lawn area, bathhouses. The facility must have a minimum fifteen (15) square feet
of water surface area for each three (3) percent of the subdivision population. The minimum
water surface area is eight hundred (800) square feet per pool. The required deck or lawn area
is a minimum of twice the area of the pool.
d. Recreational buildings and facilities — facilities designed and primarily used for the recreational
needs of subdivision residents. Partial credit may be awarded for sites with facilities that do not
incorporate the required basic element or are less than one (1) acre in size when deemed
beneficial to the community.
7. The computed credit value for private common areas shall not exceed twenty -five percent (25 0/0) of
the required public land dedication or in lieu fees.
I. Credit for Public Park and Recreational Facility Improvements
Single- purpose commercial recreation facilities are not eligible for credit.
J. Choice of Land Dedication, Improvement, Fees or Combination
1. Procedure
a. At the time of tentative map filing, the subdivider shall indicate in writing whether the subdivider
desires to dedicate property for parkland purposes, improve existing parkland, pay an in lieu fee
or a combination thereof. If the subdivider proposes to dedicate land, the land area shall be
identified on the tentative map.
b. At the time of tentative map approval, the responsible decision maker shall determine whether to
require a dedication of land, payment of in lieu fees, accept improvement or combination thereof.
c. Where dedication is required, it shall be accomplished in accordance with the provision of the
Subdivision Map Act and Subdivision Code. Where fees are required, it shall be deposited prior to
approval of the final map. The subdivider shall submit open space covenants for private park or
recreational facilities for review and approval prior to final map approval. The covenants shall be
recorded contemporaneously with the final map.
2. Determination by the responsible decision maker shall be based on the following:
a. The Conservation /Open Space/ Recreation Element of the General Plan;
b. Topography, geology, access and location of land in the subdivision available for dedication; and
c. Size and shape of the subdivision and land available for dedication. The determination of the
Planning Commission as to whether land shall be dedicated, fees charged, dedicated land
improved or any combination thereof shall be final and conclusive, unless appealed to the City
Council. In no event may the dedications, amount of fees or value of improvements exceed the
subdivider's dedication requirements as set forth in Section 9331.d.2 (Standards and Formula for
Land Dedication) unless the subdivider voluntarily agrees. On subdivisions involving fifty (50) lots
or less, only the payments of fees shall be required. The determination of the City Council is final.
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12.7 Reservations
A. Applicability
The subdivider may be required to reserve sites, appropriate in area and location, for parks, recreational facilities,
fire stations, libraries or other public uses.
B. Standards for Reservation of Land
The reserved areas must be of such size and shape as to permit the balance of the subdivision property to
develop in an orderly and efficient manner. The reserved area shall be consistent with the General Plan and /or
adopted specific plan.
C. Procedure
The public agency to benefit from the land reservation shall enter into a binding agreement to acquire the
reserved area within two (2) years after the completion and acceptance of all improvements. The agreement
shall be entered into at the time of final map approval. The deadline for the public agency to acquire the
reserved area may be extended by the Director upon mutual agreement with the subdivider.
D. Payment to Subdivider
The purchase price for the reserved area shall be the market value at the time of the tentative map filing plus
taxes against the reserved area from the date of the reservation and other costs incurred by the subdivider in the
maintenance of the reserved area.
E. Termination
If the public agency does not enter into a binding agreement in accordance with the Subdivision Code, the
reservation of the area shall automatically terminate.
12.8 Local Transit Fees
A. Applicability
1. The subdivision has the potential for two hundred (200) units or more if developed to the maximum
density shown on the General Plan or contains one hundred (100) acres or more; and
2. The City finds that transit services are or will, within a reasonable time period, be made available to
the subdivision.
B. Requirement
A 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 that directly benefit the residents of the subdivision. The irrevocable offer may be terminated as provided
in the Subdivision Code and Subdivision Map Act.
Only the payment of in lieu fees may be required in subdivisions involving subdivision of airspace in existing
buildings into condominium projects, stock cooperatives or community apartment projects.
12.9 Bridges and Major Thoroughfares
The subdivider, as a condition of approval, shall pay fees reflecting the actual or estimated cost of constructing
bridges or major thoroughfares as it relates to the subdivision project and circulation impacts resulting from the
project.
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A. Payment of Fees Generally
1. Prior to filing a final map that includes land within an area of benefit, the subdivider shall pay or
cause to be paid any fees established and apportioned to such property for the purpose of defraying
the actual or estimated cost of constructing bridges over waterways, railways, freeways or canyons
or constructing major thoroughfares.
2. At the time a building permit is issued for construction on any property within an area of benefit
established, the applicant for such permit shall pay or cause to be paid any fees established and
apportioned 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 the Subdivision Code.
3. Notwithstanding the provisions of the above subsections:
a. Payment of bridge fees shall not be required unless the planned bridge facility is an original
bridge serving the area or an addition to any existing bridge facility serving the area at the time
of adoption of the boundaries of the area of benefit.
b. Payment of major thoroughfare fees shall not be required unless the major thoroughfares are in
addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time
of the adoption of the area of benefit.
B. Consideration in Lieu of Fees
Upon application by the subdivider or applicant for a building permit, the City Council may accept consideration in
lieu of the payment of fees required. In order to accept consideration in lieu of fees, the City Council must find
that, upon recommendation of the City Engineer, the substitute consideration has a value equal to or greater
than the fee and that the substitute consideration is in a form acceptable to the City Council.
C. Public Hearing
The City Council, in a public hearing, may establish the area of benefit, the costs, a fair method of allocation of
costs to the area of benefit and fee apportionment and the fee to be collected.
D. Exemptions
In some cases, payment of fees shall not be required for the following:
1. The use, alteration or enlargement of an existing building or structure and /or the erection of one (1)
or more buildings or structures accessory thereto on the same lot or parcel of land as long as the
total value, as determined by the Building Official, of all such alteration, enlargement or construction
completed within any one (1) year period does not exceed one -half (1/2) of the current market value,
as determined by the Building Official, of all existing buildings on such lot or parcel of land, and the
alteration or enlargement of the building does not change its occupancy classification.
2. The following accessory buildings and structures: private garages, children's playhouses, radio and
television receiving antennas, windmills, silos, tank houses, shops, barns, coops and other buildings
that are accessory to one - family or two- family dwellings.
E. Protest
1. Any person may file a protest against the proposed bridge facility, major thoroughfare or against the
extent of the area to be benefitted by the improvements. The written protest must be submitted to
the City Clerk no later than the hour set for hearing objections to the proposed bridge facility or
major improvement.
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The written protest must contain a description of the property sufficient to identify such property. If
the signers are not shown on the last equalized assessment roll as the owners of such property, the
protest 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.
2. If there is a written protest filed with the City Clerk by the owners of more than one -half (1/2) of the
area of the property to be benefitted by the improvement, and sufficient protests are not withdrawn
so as to reduce the area represented to less than one -half (1/2) of that to be benefitted, then the
proposed proceedings shall be abandoned, unless by a four - fifths vote of all the members of the City
Council the protest shall be overruled; and the City Council shall not, for one (1) year from the filing
of that written protest, commence or carry on any proceedings for the same improvement, or that
portion thereof so protested against, under the provisions of this section.
12.10 Supplemental Improvement Capacity
The City may impose requirements for improvements to be installed that 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.
A. Applicability
The City may impose improvement requirements to be installed by the subdivider as a condition of approval of a
tentative map.
If the required supplemental size, capacity, number or length is solely for the benefit of property not within the
subdivision, the City shall enter into an agreement to reimburse the subdivider in accordance to the Subdivision
Code and Subdivision Map Act.
B. Process
1. Public Hearing
Prior to imposing a charge or establishing an area of benefit or local district for supplemental
improvement capacity, a public hearing must be noticed and held by the City Council in accordance with
Government Code Section 65091 and the City Council finds that the charge, area of benefit or local
benefit district is reasonably related to the cost of such supplemental improvements and the actual
ultimate beneficiaries.
2. Notice of Public Hearing
In addition to the notice required by Government Code Section 65091, the City shall provide written
notice of hearing 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.
3. Method of Payment
The Council shall determine the method for payment of the costs required by a reimbursement
agreement such as, but not limited to, the following:
a. 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.
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b. Contribution to the subdivider of that part of the cost of improvements 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.
c. Establish and maintain a local benefit district for the levy and collection of such charge or costs
from the property benefitted.
12.11 Interim School Fees
The State Government Code allows School Districts and the City to address overcrowding in schools by requiring
the subdivider to dedicate land, pay in lieu fees or a combination of both in order to allow the school to provide
interim school facilities that can accommodate students from the new subdivision.
A. Action by School Districts
The School District may, from time to time, adopt a notice of findings that conditions of overcrowding exists and
that reasonable methods for mitigation have been evaluated and no feasible method for reducing overcrowding
exists.
The notice of findings shall specify the mitigation measures considered by the school district, including a
completed application to the Office of Public School Construction for preliminary determination of eligibility under
the Leroy F. Greene State School Building Lease - Purchase Law of 1976, and include a schedule for land use of
fees required by Section 65976 of the Government Code.
B. Action by City Council
1. Process
a. The notice of findings and schedule for land use of fees shall be made available to the public for
sixty (60) calendar days after the date of receipt by the City.
b. Following the completion of the public review period but not later than 150 calendar days of the
receipt of the notice of findings and schedule for land use of fees, the City Council shall either
concur or not concur, or may extend the period to concur or not to concur for one 30 -day period.
Failure to act within the prescribed time period shall not be deemed as an act of City Council concurrence
in the notice of findings.
If the City Council concurs in the notice of findings, the City Council shall not approve an ordinance
rezoning property to a residential use, grant a discretionary permit for residential use, or approve a
tentative subdivision map for residential purposes, unless the City Council makes one of the following
findings:
a. That there are specific overriding fiscal, economic, social, or environmental factors, which in the
judgment of the City Council would benefit the City, thereby justifying the approval of a
residential development; or,
b. That the dedication of land, the payment of fees in lieu thereof, or a combination of both, for
classroom and related facilities for elementary or high schools are being required as a condition
to the approval of a residential development, in accordance with the provisions of Section 65974
of the Government Code.
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.
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The amount of any fee shall be in accordance with the provisions of Chapter 4.9 (commencing with Section
65995) of the Government Code, prescribed by resolution of the City Council, and shall be collected at the time of
issuance of a building permit.
12.12 Reimbursement for Undergrounding or Relocation (Telephone,
Cable)
It may be necessary, as part of a tentative map approval, to replace, underground or permanently or temporarily
relocate existing telephone or cable facilities. In such circumstances, the subdivider shall reimburse the
telephone or cable companies for the replacement, undergrounding or relocation of the facilities.
13.0 MISCELLANEOUS PROVISIONS
13.1 Appeals
The subdivider, or any other interested party, may appeal any action of the decision body to the appeal body.
Appeals shall be filed with the City Clerk during normal business hours within ten (10) calendar days of the date
of the decision and be accompanied by a deposit or fee as required by City Council resolution or ordinance.
Neither the applicant nor any enforcing agency may rely upon the decision, approval, or denial or other action
appealed from, until the appeal has been resolved. Failure to file a written appeal in accordance with the
Subdivision Code shall constitute a waiver thereof.
A. Submitting an Appeal
Unless otherwise stated in the Subdivision Code under the specific subdivision type, the appellant must submit an
appeal within ten (10) calendar days of the date of the decision. The following items must be provided:
1. Written appeal statement, specifying the decision appealed from, the specific action or relief sought
by the appellant in the appeal and reasons why the action taken by the decision body should be
modified or reversed.
2. Appeal fee or deposit, as required by City Council resolution or ordinance.
B. Process
1. The appeal period ends ten (10) days after the date of the decision to be appealed. The appellant
must submit the appeal and fee to the City Clerk during business hours.
2. The timely filing of a written appeal shall automatically stay all actions and put in abeyance all
approvals for permits that may have been granted.
3. The appeal hearing shall be scheduled to take place within thirty (30) days of the receipt of the
appeal and noticed as a public hearing. The hearing date may be held later than thirty (30) days
after the receipt of the appeal so long as both the property owner /applicant and Director agree to a
later hearing date.
4. If there is no regular meeting of the appeal body within the next thirty (30) days, the appeal may be
heard at the next regular meeting for which notice can be given, or within sixty (60) days from the
date of appeal, whichever period is shorter.
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5. The hearing shall be de novo and the appeal body may approve, approve with conditions, disapprove
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.
13.2 Covenants, Conditions &Restrictions (CC&Rs)
Prior to approval of a Final Map, all organizational documents for the project including Covenants, Conditions &
Restrictions (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:
A. 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.
B. The requirement that property association or homeowner association bylaws be established.
C. 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.
D. Membership in any Homeowners Association shall be inseparable from ownership in individual lots.
E. Architectural controls shall be provided and may include, but not 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
antennas, except satellite earth station antennas, may be permitted as provided by law.
F. Maintenance standards shall be provided for applicable items listed in Section C above in the CC &Rs.
Examples of maintenance standards are shown below:
1. 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 shall 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 shall also be root pruned to eliminate exposed surface roots and damage to sidewalks,
driveways and structures.
2. 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.
G. Residents shall not store or park any non - motorized vehicles, trailers or motorized vehicles that exceed
seven (7) feet high, seven (7) feet wide, and /or nineteen (19) feet long in any parking space, driveway or
private street area except for purposes of loading, unloading, making deliveries or emergency repairs
except that the Homeowners Association may adopt rules and regulations to authorize exceptions. There
shall be no parking of any kind on driveways that are less than nineteen (19) feet in length.
H. Garage parking spaces shall be maintained open and available for vehicle parking. Additional unassigned
guest spaces shall also be permanently provided.
I. All utility services serving the site shall be installed and maintained underground.
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J. The Association shall be required to file the names, addresses, and telephone numbers of at least one (1)
member of the Association Board and, where applicable, a Manager of the project before January 1" 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.
K. Disclosure information related to aircraft noise, train, traffic, etc. impacting the subdivision, as approved
by the City of Tustin Community Development Department, shall be provided to property owners.
L. 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.
M. No amendment to alter, modify, terminate or change the Homeowners 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.
N. 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.
0. Maintenance of all slopes and drainage devices on individual lots within fenced yard areas shall be the
responsibility of the individual property owner.
P. Disclosure to all future homeowners of the specific location and type of structures which will be located
within the public utility easement.
Q. 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.
R. A section for the Water Quality Management Plan, if required, that discusses the development's
obligations for maintaining and managing onsite water quality restrictions, outreach and education.
13.3 Concurrent Processing of Other Applications
When a proposed division of land or decision body action requires more than one land use approval, all
applications shall be processed concurrently as interrelated permits for a project and shall not be bifurcated
unless otherwise authorized by the Director upon the request of the applicant. The highest designated decision
body for all such applications shall take final action on the multiple applications. For example, any division of land
determined by the Department to be inconsistent with the General Plan would require concurrent consideration of
a General Plan Amendment application to eliminate the inconsistency.
13.4 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.
A. 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
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B. 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.
13.5 Condominium Maps
Tentative and final maps for condominiums, condominium conversions, community apartment projects, and stock
cooperatives shall be filed and processed in accordance with Section 7 of this Manual, unless waived pursuant to
Section 9313 of the Subdivision Code. The purpose of such a subdivision shall be clearly and conspicuously
stated on the Map.
13.6 Model Complex Construction Prior to Map Recordation
Prior to release of building permits, including grading permits, all conditions of approval 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.
13.7 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 approval of a
Final Map or Lot Line Adjustment, a draft Covenant of Easement shall be submitted to the Community
Development Department 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.
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