HomeMy WebLinkAbout01 CODE AMEND 96-004 01-20-97NO. 1
1-20-97
·
DATE:
JANUARY 20, 1997
inter-Com
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBdSCT: CODE AMENDMENT 96-004, COMPREHENSIVE REVISIONS TO THE CITY'S
SUBDIVISION CODE (ORDINANCE 1177)
suMMARy:. code' Amendinent: i '96''OO4..:~'(.O?dinanee::::'' NO? l177) i:' is::i a:: :::dOmp rehensive
revision to'i. the City's SUbdivision: Code ..... (TCC':9310.'"Et.i seqo;':'"'to:': imPlement the
Subdivision .Map Act of the state of California.:' The proposed amendments would, also
establish':'" 'a - m°re efJicie~t't i ' SUbd'i~iS}On' ip~a~:e~S. ': ' on.: ~an'~a~' }3;'i ~ 99 a" the' Planning
.
CommiSsion recommended that the. City COuncil approVe-CA 96-O04.' Applicana City'of
Tustira Area of ApPlicability: CitYwide.
RECOMMENDATION
That the city Council:
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Adopt Resolution No. 97-04 approving the Environmental
Determination for the project; and,
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Introduce and have first reading of Ordinance No. 1177 and set
for second reading at the Council's February 3, 1997. meeting.
FISCAL IMPACT
There are no fiscal impacts associated with the proposed
amendments.
BACKGROIIND & DISCUSSION
The California Subdivision Map Act (Map Act) vests in local
agencies the power to regulate and control the design and
improvement of subdivisions within the. City's jurisdiction. Each
City must adopt an Ordinance regulating and controlling
subdivisions for which the Map Act requires a tentative and final
tract or parcel map. The Map Act's primary goal and the purpose of.
adopting a local subdivisi6n Ordinance are as follows:
City Council Report
CA 96-004 - Ordinance 1177
January 20, 1997
Page 2
To encourage orderly community development by providing
for the regulation and control of the design and
improvement of the subdivision of land,. with proper
consideration of their relationships to adjoining areas;
To ensure that the areas within subdivision that.are
dedicated for public purposes will be properly improved
by the subdivider so that they will not become an undue
burden on the community;
To provide regulations and controls over the use of land
in the City for the health, safety, and welfare of
present and future residents; and,
To provide a procedure for lot mergers in the City.
The City's Subdivision Code has not been comprehensively updated
since the early 1980'sj and there have been many changes in
subdivision laws and procedures since the last revision. The
proposed amendments will ensure that the City's Subdivision Code
related to the division of land is consistent with state laws, the
City's General Plan and Zoning Ordinance, the California
Environmental Quality Act and other related public works and
· traffic standards. ·
The proposed amendments would also establish .a more efficient
subdivision process.. The following is a brief summary of the major
amendments:
The Planning Commission is defined as the Advisory Agency
which has the authority to approve tentative parcel and
tract map applications and impose conditions. The City
Council is defined as the Legislative Body and would only
consider these applications if the Planning Commission's
actions are appealed. With this provision, only one
public hearing would be required by the Planning
Commission, thereby reducing the subdivision process by
three weeks.
The~ City Council will have the authority to consider
final parcel and tract maps, without a~public hearing.
The Planning Commission would no longer be responsible
for recommending actions related to final parcel and
tract maps, thereby reducing the subdivision process by
one week.
City Council Report
CA 96-004 - Ordinance 1177
January 20, 1997
Page 3
The parkland dedication rates have been updated to be
consistent with the City's Conservation, Open Space, and
Recreation Element of the General Plan requiring parkland
dedication at a rate of 3 acres per each 1,000 persons.
A Subdivision Manual is referenced in several sections
which will be considered separately. The manual will
identify, in more detail, specific application submittal
requirements and information to be included on plans,
maps and exhibits. This will allow~staff flexibility
with the submittal requirements, given the specifics of
a particular application. There will be less need to
amend the Subdivision Code in the future as the need for
certain information or exhibits change.
Specific provisions and procedures for Lot Line
Adjustments are identified and are consistent with the
City's current practices. The City Council as the
Legislative Body will continue to consider Lot Line
Adjustments without a public hearing~
The City Attorney has reviewed and approved Ordinance 1177 as to
content and form.~
Senior Planner
~q~izabet~ A. Binsack
Community Development Director
EAB: DF: br:/SUBORD
Attachments:
Initial Study
Resolution Nos. 97-04
Ordinance No.1177
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RESOLUTION NO. 97-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CERTIFYING THE FINAL NEGATIVE DECLARATION
AS ADEQUATE FOR COMPREHENSIVE REVISIONS TO-THE
CITY'S SUBDIVISION ORDINANCE' INCLUDING REQUIRED
FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.
The City Council of the City of Tustin does hereby resolve as
follows:
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The City Council finds and determines as follows:
a.
The request to approve comprehensive revisions to
the City's Subdivision Ordinance is considered "a
project" ~pursuant to the terms of the California
Environmental. Quality Act (CEQA).
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A Negative Declaration has been prepared for this
project and has been distributed for public revi%w.
C.
Whereas, the Planning Commission and City Council
of the City of Tustin have considered evidence
presented by the Community Development Director and
other interested parties with respect to the
subject Negative Declaration.
D.
The Planning. Commission and City Council have
evaluated the proposed final Negative Declaration
and determined that the project is regulatory in
nature and therefore, would not have a significant
effect on the environment. When individual
applications are submitted for consideration,
independent environmentaI review will occur.
II. A Final Negative Declaration has been completed in
compliance with CEQA and state guidelines. The City
Council has received and considered the information
contained in the Negative Declaration prior to approving
the proposed project, and found that it adequately
discussed the environmental effects of the proposed
project.
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Resolution No. 97-04
Page 2
PASSED AND ADOPTED at a regular meeting'of the Tustin City
Council, held on the 20th day of January, 1997.
TRACY WILLS WORLEY
Mayor
PAMELA STOKER,
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF O ~RANGE )
CITY OF TUSTIN )
SS
CERTIFICATION FOR RESOLUTION NO. 97-04
PAMELA STOKER, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby certify
that the whole number of the members of the City Council of
the City of Tustin is five'; that the above and foregoing
Resolution No. 9?-04 was duly adopted at a regular meeting of
the Tustin City Council, held on the 20th day of January,
1997.
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER:ABSENT:
PAMELA STOKER
City clerk
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Ordinanue 1177
Page 5
Go
I.
J.
K.
Improvement and Subdivision
Agreement
Improvement Security
Construction and Inspection
Completion of Improvements
Acceptance of Improvements
Monument
9333 Enforcement
a.
B.
C.
D.
E.
F.
G.
Prohibition
Remedies
Certificate of Compliance
Notice of Violation
Appeal to City Council
Violation as a Misdemeanor
Indemnification/Action Against
Approvals
Map
PART IV
9341
DEFINITIONS
Definitions
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Ordinance 1177
Page 6
ARTICLE 9
CHAPTER 3
SUBDIVISIONS
PART I
PURPOSE, INTENT AND APPLICABILITY OF SUBDIVISION CODE
'9311 Purpose, Intent and Applicability of Subdivision
Code
A. Title
Article 9, Chapter 3, of the Tustin City Code is and may
be cited as the Subdivision Code of the City of Tustin,
hereafter referred to as "the Subdivision Code."
B. Purpose and. Intent
The purpose of the Subdivision Code is to implement the
Subdivision.Map Act of the State of California related to
the division of land within or partially within the City
of Tustin by establishing regulations 'concerning the
design, improvement, and survey data of subdivisions, the
form and content of all required maps provided under the
Subdivision Map Act, and the procedure to be followed in
securing the official approval of the City regarding the
maps. To fulfill these purposes, the intent of the
Subdivision Code is to:
.
Promote orderly growth and development to
preserve the public health, safety and general
welfare;
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Promote open space, conservation, protection,
and proper use of land; and,
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Provide for adequate traffic circulation,
utilities, and other services in the City.
C. Authority and Relationship to General Plan
The Subdivision Code is enacted based upon authority
vested in the City of Tustin by the State of California,
including but not limited to: the State Constitution and
the Subdivision Map Act (Government Code Sections 66410
et seq.).
The Subdivision Code is a tool used.by the City of Tustin
to implement the goals, objectives and polices
established in the Tustin General Plan.
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Ordinance 1177
Page 7
D. Applicability of Subdivision Code
The Subdivision Code shall apply to all divisions of land
·
within or partially'within the City of Tustin, except as
provided in 9313 (Exemptions from Subdivision
Requirements).
Every division of land proposed within or partially
within the City of Tustin shall be consistent with the
Tustin General Plan, any applicable Specific' Plan,
Article 9, Chapter 2 (Zoning Code) and other applicable
provisions of the Tustin City Code.
The type and intensity of land use as shown on the
General Plan, any applicable Specific Plan, Article 9,
Chapter 2 (Zoning Code), or other applicable provisions
of the Tustin City Code shall determine, together with
the requirements of the Subdivision Map Act and the
Subdivision Code, the type of streets, roads, highways,
utilities, and other public services that shall be
provided by the subdivider.
E. Responsibility and Delegation of Authority
The Subdivision Code shall be administered by the Tustin
City Attorney, City Council, City Engineer, Community
Development Director, Community Services Director and
Planning Commission as follows:
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City Attorney. The City Attorney shall be
responsible for approving as to form all
subdivision improvement agreements and
securitY, all governing documents for a common
interest development,. Covenants, Conditions
and Restrictions. The City Attorney shall
also have the authority to make legal
interpretations of the Subdivision Code.
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City 'Council. The City Council shall be the
Legislative Body as identified in the
Subdivision Map Act and shall have the
responsibility and authority to condUct public~
hearings, and approve, impose conditions or
disapprove subdivisions in compliance with
9321.B (Authority for Subdivision Decisions),
and to consider appeals of Planning Commission
actions on tentative maps.
·
City Engineer. The City Engineer shall be
resPonsible for:
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Ordinance 1177
Page 8
a)
Determining if proposed subdivision
improvements comply with the Subdivision
Code;
b)
Examining and certifying that final maps
are in substantial compliance with the
aPproved tentative maps;
c)
Processing and approving subdivision
public improvement plans;
d)
Establishing design and construction
standards for public improvements;
e)
f)
Preparing
agreements;
subdivision
improvement
Inspecting, approving and accepting
subdivision public improvements;~and,
Processing of Lot Line Adjustments.
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Community Development Director. The Community
Development Director shall be responsible for:
a)
Processing of tentative tract and
tentative parcel maps, final maps,
reversion to acreage maps, certificates
of compliance, mergers, and amended maps;
b)
c)
Establishing. design and construction
standards for private improvements;
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Processing and approving subdivision
.private improvement plans;
d)
Processing and apprOving proposed street
names; and,
e)
Inspecting, approving and accepting
subdivision private improvements.
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Community Services Director. The Community
Services 'Director shall be responsible for
determining if the proposed park land
dedications and/or recreation· improvements
related to a subdivision comply with the
Subdivision Code.
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Planning Commission. The Planning Co~mission
shall be the Advisory Agency as identified in
the Subdivision Map Act and shall have the
responsibility and authority to conduct public
hearings, and approve, impose conditions or
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Ordinance 1177
Page 9
Fe
disapprove subdivisions in compliance with
9321.B (Authority for Subdivision Decisions) '
Modification of Local Requirements
Whenever the land involved in any subdivision is of a
size or shape, subject to title limitations of record,
affected by topographical location or conditions, or to
be devoted to a use that is impossible or impracticable
in the particular case for the 'subdivider' to conform
fully to the local regulations contained in the
Subdivision Code, the Community Development Director may
approve modifications to the local provisions of the
Subdivision Code as are reasonably necessary or expedient
to ensure conformity with the Subdivision Map Act.
Except that the Director has no authority to waive
provisions of the Subdivision Map Act. To the extent
that provisions of the Subdivision Code conform to the
Subdivision Map Act, they may not be waived.
Effective Date of Subdivision Code
The provisions of the S~bdivision Code are applicable~as
'of the adoption of the Code by Ordinance of the City
Council.
Partial Invalidation of Subdivision Code
If any Part, Section, Subsection, paragraph,
subparagraph, sentence, clause, phrase or portion of the
Subdivision Code is held to be invalid, unconstitutional
or unenforceable by a court of competent jurisdiction,
these decisions shall not affect the validity of the
remaining portions of the Subdivision Code. The Tustin
City Council hereby declares that the Subdivision Code,
and each Part, Section, Subsection, paragraph,
subparagraph, sentence, clause, phrase and portion
thereof would have been adopted irrespective of the fact
that one or more portions of the Subdivision Code may be
declared invalid, unconstitutional or unenforceable.
9312 Maps Required
A. Division of Land; Five (5) or More Parcels
A tentative and final tract map shall be required for all
divisions of land when determined by the Community
Development Department that such land may be divided into
five (5) or more parcels, five (5) or more condominiums,
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,
unless the subdivision activity is listed in 9313
(Exemptions from Tentative Tract Map Requirements).
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Ordinance 1177.
Page 10
B. Divisions of Land; Four (4) or Less Parcels
A tentative and final parcel map shall be required for
all divisions of land when determined by the Community
Development Department that such land may be divided into
four (4) or less parcels, unless the subdivision activity
is listed in 9313.C (Exemptions from Tentative Parcel Map
Requirements). In the interest of ensuring compliance
with the Tustin General Plan, Zoning Code, and any
applicable specific.plan, the Director may require, at
the Director's discretion, a tentative tract map where a
tentative parcel map is required.
9313 Exemptions from Subdivision Requirements·
A. Exemptions from the Subdivision Code
The following activities shall be exempt from the
requirements of the Subdivision Code:
Those activities identified in Sections 66412
(except subsection (d) related to Lot Line
Adjustments), 66412.1, 66412.2 or 66426.5 of
the Subdivision Map Act; and,
2. The subdivision of four (4) parcels or less
for construction of removable commercial
buildings having a floor area of less than one
hundred (100) square feet.
B. Exemptions from Tentative Tract Map Requirements
·
A tentative tract map and final tract map shall not be
required under any of the following circumstances:.
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;
.
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;
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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;
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Ordinance 1177
Page 11
,
4. Each parcel created by the division has
gross area of not less than forty (40) acres
or is not less than a quarter (1/4) of a .
quarter (1/4) section; or
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The land is subdivided, prior to January 1,
2003, solely for the creation of an
environmental subdivision pursuant to Section
66418.2 of the Subdivision Map Act.
A tentative parcel map and final parcel map shall be
required unless waived by the Director in compliance with
9314 (Waiver of Subdivision Requirements).
C. Exemption from Tentative Parcel Map Requirements
The following activities shall be exempt from the
requirements of a tentative parcel and final parcel map:
.
Subdivisions of a portion of the operating
right-of-way of a railroad corporation,
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 thirty (30) days notice in Writing).
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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.
9314 Waiver of Subdivision Requirements
ae
Waiver of Tentative Tract, Tentative Parcel Map and
Final Map Requirements
The requirements' for a tentative tract map, tentative
parcel map or final map may be waived, in whole or part,
at the discretion of the Director and after consultation
with the City Engineer, for the following activities:
.
Division of real property or interests therein
created by probate, eminent domain procedures,
partition, or other civil judgments or
decrees.
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Ordinance 1177
Page 12
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.
B. WaiVer Findings
The requirements for a tentative tract map, tentative
parcel map or final map shall not be waived, in whole or
part, unless the Director makes a finding that the
proposed division of land complies with requirements as
to area, improvement and design, flood water drainage
control, appropriate improved public roads, sanitary
disposal facilities, water s~pply availability,
environmental protection, and other requirements of the
Subdivision Map Act, the Subdivision'Code and the Tustin
General Plan, any applicable Specific Plan, Article 9,
Chapter 2 (Zoning Code) and other applicable provisions
of the Tustin City Code.
C. Certificate of Compliance Required
The Director shall file with the County Recorder a
Certificate of Compliance for the land to be divided, in
compliance With 9333.C, (Certificate of Compliance), and
a plat map showing the division. The Certificate of
Compliance shall include a documentation by the County
Tax Collector in compliance with 9325.B.4 (Tax
Certificate).
Conditions may be imposed to provide for, among other
things, payment by the subdivider of parkland dedication,
drainage, and other fees that are permitted under the
Subdivision Code, the subdivision map Act, or other
relevant law.
The decision of the Director shall be considered final
unless an appeal is filed in compliance with 9321.G
(Appeals). The deCision of the Director, or any
condition of approval, is appealable to the'Commission.
The decision of the Commission, or any condition of
approval, is appealable to the Council.
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Ordinance 1177
Page 13
PART II
SUBDIVISION PROCESSING
9321 Subdivision Authority and Initial Application Filing
A. Introduction
This Part provides procedures and requirements for the
preparation, filing and processing of applications for
divisions of land required by~ the Subdivision Code.
B. Authority for Subdivision Decisions
Table 2-1 (Review Authority) identifies the City official
or body responsible for reviewing and making decisions on
each type of application for divisions of land required
by the Subdivision Code.
Table 2-1
Review Authority
Type of division
Certificate of Compliance
Decision
Appeal
Body
Body
Director
Final Maps
Lot Line Adjustments
Parcel Mergers
Council
Council
Commission
Reversion to Acreage Council
Tentative Maps, including Vesting Commission
Commi
ssion
--
Counc
il
* - The Commission's decision may be appealed to the
Council.
In the case of concurrent review of other Land Use
Approvals required by Article 9, Chapter 2 (Zoning),
final determination shall be made at the highest level of
review authority.
C. Application Filing and Fees
Application Contents. Applications for
divisions of land shall be filed with the
Department. The Department will consider an
application'complete when:
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Ordinance 1177
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a)
Ail necessary forms, materials · and
exhibits as identified in the City's
Subdivision Manual have been provided and
accepted as adequate; and,
b)
Ail necessary application fees and/or
deposits have been accepted.
The tentative tract map, tentative parcel map,
final map and other drawings which are to be
ultimately recorded shall be prepared by a
registered civil engineer or licenses land
surveyor. The maps and exhibits shall be
clearly drawn and contain the necessary
information as determined by the Department.
The Department may also require additional'
materials, exhibits, data or information
determined necessary to 'accomplish the
purposes of the Subdivision Map Act·and/or the
Subdivision Code.
.
Eligibility for Filing. Applications may be
made by the owner of the subject property or
by any other person, with the written consent
of the property owner.
D. Initial Application RevieW/Envirornnental Assessment
Ail applications filed with the Department in compliance
with the Subdivision Code shall be initially procesSed as
follows:
.
1. Review for Completeness. The Department shall
review all applications for accuracy before
they are accepted as being complete.
a)
Notification of Applicant. The applicant
shall be informed, as required by the
Government Code, either that the
application is complete and has been
accepted for processing, or that the
application is incomplete and that
additional information, specified in the
letter, must be provided.
b)
Environmental Information. The
Department may require the applicant to
submit such additional information as may
be deemed reasonably necessary for
environmental review of the project in
compliance with 9321.D.3 (Environmental
Assessment).
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Ordinance 1177
Page 15
.
c) Expiration of Application. If a pending
application is not capable of being
deemed complete within six months after
the first filing with the Department, the
application shall be deemed withdrawn
unless an extension is granted by the
Director. A new application, including
fees, plans, exhibits and other
materials, will be required to commence
processing of any subdivision on the same
property.
Referral of Application. At the discretion of
the Director, or where otherwise requried by
the Subdivision Map Act, any application filed
may be referred to any public agency that may
be affected or have an interest in the
proposed subdivision.
o
Environmental Assessment. Ail subdivision
applications shall be reviewed as requried by
the California Environmental Quality Act
(CEQA) to determine whether the proposed
sUbdivision is exempt from the requirements or
is not a project as defined by CEQA, whether a
Negative Declaration may be issued, or whether
an Environmental Impact Report shall be
required. These determinations and, where
required, the preparation of environmental
doCuments shall be in compliance with CEQA and
other guidelines established by the
Department.
E. Notice to Affected Agencies and Utilities
Within five (5) days of determining a tentative parcel or
tentative tract map application complete, the Department
shall:
.
Send notice and a copy of the tentative parcel
or tentative .tract map to affected public
agencies, and utilities which 'may, .in turn,
forward to the Department their findings and
recommendations. The agency or utility may
send a written report to the Planning
Commission. The report shall indicate the
impaCt of the proposed subdivision on the
agency or utility and shall make
recommendations as deemed appropriate. If a
written report is made by an agency~or
utility, such report may be returned to the
City within fifteen (15) days of receipt of
the proposed tentative map. In the event that
an agency or.utility fails to respond within
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Ordinance 1177
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the fifteen (15) day period, such failure to.
respond shall be deemed approval of the
proposed subdivision by the agency or utility;
and
.
Send a notice and a copy of the tentative
parcel or tentative tract map application by
Certified Mail to the governing board of the
affected public School District(s). The
notice shall contain information about the
location of the proposed subdivision, the
number of units, density, and any other
information which would be relevant to the
affected School District(s). The governing
board(s) Of the affected School District(s)
may review the notice and may send a written
report to the Planning Commission. The report
shall indicate the impact of the proposed
subdivision on the affected public School
District(s) and may make such recommendations
as the governing board of the affected public
School Districts deem appropriate. If a
written report is made by the governing board,
such report shall be returned to the City
within fifteen (15) days of receipt of the
proposed tentative map. In the event that the
District fails to respond within the fifteen
(15) day period, such failure to respond shall
be deemed approval of the proposed subdivision
by the affected public School Districts.
The Planning Commission shall consider any reports from
affected agencies, utilities or School Districts in
approving, conditionally approving, or denying the
tentative map application.
F. Public Hearings
When a subdivision application requires a public hearing,
the public shall be provided with notice of the
hearing(s) in compliance with State law (Government Code
Sections 6.5090 and 65091). Additional noticing time as
specified may be required to comply with noticing
requirements of the California Environmental Quality Act.
In the event of a conflict between required noticing
times,, the longer time shall be given.
A proposed conversion of residential real property to a
condominium, community apartment, or stock cooperative
projeCt shall be noticed in accordance with Sections
66452.8 through 66452.10 of the Subdivision Map Act.
Ordinance 1177
Page 17
Notice shall also be given by mail or personal delivery
to any person who has filed a written request with the
City. A request may be submitted at any time during the
calendar year. and shall apply for the balance of the
calendar year.
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The Department may give 'such other notice that it deems
necessary or advisable. Substantial compliance with
these provisions for notice shall be sufficient, and a
technical failure to comply shall not affect the validity
of any action taken according to the procedures in the
Subdivision Code.
G. Appeals
The subdivider, or any other interested party, may appeal
any action of the Decision Body to the Appeal Body as'
identified in 9321.B (Authority for Subdivision
Decisions). Appeals shall be submitted in writing and
filed with the Department. The appeal shall specifically
state the pertinent facts of the case and the basis for
the appeal. Appeals shall be filed with the Department
within ten (10) calendar days of the Decision body's
action. Appeals shall be accompanied by the filing fee
set by ResolUtion of the Council.
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The appeal shall be scheduled for consideration by the
appropriate Appeal Body identified in 9321.B (Authority
for Subdivision Decisions) within thirty (30) days of
receipt of an appeal, with the same noticing as reqUired
by Section 9321.F (Public Hearings).
At the hearing, the appeal'body shall conduct a de novo
review, may consider any issue involving the matter that
is the subject of the appeal, and shall not be limited to
a consideration of the specific grounds listed in the
appeal.
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.
.
.
The appeal body may affirm, affirm in part, or
reverse the action or determination of the
decision making body that is the subject of
the appeal.
When reviewing an appeal, the appeal body may
adopt additional conditions of approval that
may address other issues or concerns than the
subject of the appeal.
If new or different evidence is presented on
appeal, the appeal body may, but shall not be
required to, refer the matter to the decision
making body for further consideration.
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Ordinance 1177
Page 18
Any action taken by the appeal body shall be supported by
appropriate findings.
H. Expirations/Time Extensions.
1. Expirations The approval of a tentative
parcel or tentatiVe tract map shall expire
twenty-four (24) months from the date of its
approval. ~owever, where the subdivider is
required to expend an amount as prescribed in
Section 66452.6 of the Subdivision Map Act to
construct, improve or finance the construction
or improvement of public improvements outside
the boundaries of the tentative map, excluding
improvements of public rights-of-way which
abut the property being subdivided, or if the
tentative map is on property subject to a
development agreement authorized by Section
65864 et seq. of the Government Code, then the
expiration of the tentative tract or parcel
map shall be governed by Section 66452.6 of
'the Subdivision Map Act.
·
Time Extensions
a o
Request by Subdivider. The subdivider'
may request an extension of the
expiration date of the approved tentative
parcel or tentative tract map by filing a
written request with the Department and
paying applicable fees as established by
Council resolution. The application
shall be filed not less than thirty (30)
days before the map is scheduled to
expire and shall state the reason(s) for
request. The filing of such application
automatically extends the map for 60 days
or until the extension is acted on,
whichever occurs first. The decision
making body shall determine whether the
subdivider has made a good faith effort
to establish the subdivision. The burden.
of proof is on the subdivider to
establish, with substantial evidence, why
the tentative tract or tentative parcel
map should be extended. If the decision
making body determines that the permittee
has proceeded in good faith and has
exercised due diligence in seeking to
establish the subdivision, the time
extension shall be granted. The decision
making body may, if appropriate findings
are made, impose new conditions and may
require that the applicant pay any new or
Ordinance 1177
Page 19
increased development fees which have
been imposed since the date of the
original approval.of the tentative parcel
or tentative tract map.
b .
Hearinq on Time Extension. If the matter
originally required a noticed public
hearing, the decision making body shall
hold a public hearing on the proposed
time extension and give notice in
compliance' with 9321 F. (Public
Hearings).
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Time Limit of Extensions. The time for
which a tentative parcel or tentative
tract map may be extended by
discretionary approval of the decision
making body shall not exceed a total of
five (5) years beyond the original
expiration date.·
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d.
Appeals. The subdivider, or any other
interested party, may appeal any action
of the decision making body with respect
to the time extension, or any new
condition or development fee imposed, to
the appeal body in compliance with 9321.G
(AppealS).
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9322 Lot Line Adjustments
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A. Purpose
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The purpose of this Section is to provide for the
submittal and processing of Lot'Line Adjustments'for the
modification of existing property lines between two or
more existing properties in compliance with the
Subdivision Code.
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B. Applicability
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An application for a Lot Line Adjustment shall be filed
with the Department in compliance with 9321.C
(Application Filing and Fees). The Lot Line Adjustment
shall be prepared in a manner acceptable to the City
Engineer and shall be prepared by a registered civil
engineer or licensed land surveyor. The Lot Line
Adjustment shall be clearly and legibly drawn and shall
contain the information identified in the City's
Subdivision Manual, unless waived by the City Engineer.
The City Engineer 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. Lot Line Adjustment applications
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Ordinance 1177
~age 20
shall be determined to be complete by the Engineering
Division only when:
1. All necessary application forms, materials,.
and exhibits as established by the Public
Works Department/Engineering Division are
accepted as adequate;
2. A legal description of the parcels with
proposed adjustments, signed by a California
Registered Civic Enginee~ or Licensed Land
Surveyor is accepted as adequate;
3. Traverse with closures for proposed
adjustments are accepted as adequate;
A Preliminary Title Report showing the legal
owners and any encumbrances and easements is
accepted as adequate. Said title report shall
be updated every six (6) months from the date
of the original submittal until final action
is taken on the application;
5. A site plan of the parcels showing all
existing and proposed structures and site
improvements with the adjustments to ensure
compliance with applicable zoning and building
codes is accepted as adequate; and
6. All fees and/or deposits have been submitted
and accepted.
Lot Line Adjustments may be considered by the council in
compliance with 9321.B (Authority for Subdivision
Decisions), without a public hearing.
An application for approval of a Lot Line Adjustment in
compliance with this Part shall be submitted prior to or
concurrently with all applications for other necessary
discretionary approvals for the development.
Any request which would create a greater or fewer number
of properties shall require the filing of a tentative
parcel or tentative tract map in compliance with 9323
(Tentative Parcel and Tentative Tract Maps), or as may
otherwise be provided by the Subdivision Code.
Ce
Application ProceSsing and Review
Each application shall be analyzed by the Department to
ensure that the application is consistent with the
purpose and intent of this Section.
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Ordinance 117.7
Page 21
Upon determination of a complete Lot Line Adjustment
application, the Public Works Department/Engineering
Division shall forward the matter to the Council. The
Council shall take action to approve, approve with
conditions, or deny the Lot Line Adjustment. Any action
taken by the Council, and any conditions imposed, shall
ensure compliance with applicable zoning and building
codes.
D. Findings and Decision
The Council shall record its decision in writing with the
findings upon which the decision is based. The Council
may approve an application for a Lot Line Adjustment,
with or without conditions, if the following findings are
made:
.
A greater or fewer number of properties would
not be created with the approval of the Lot
Line Adjustment;
.
The proposed adjustments to the existing
properties result in compliance with
applicable zoning and building codes; and,
The proposed adjustments are in compliance
with the City's Subdivision Code and the
Subdivision Map Act.
Post ApproVal Procedures
·
1. Appeals. The decision of the Council is
final. '
·
Expiration/Extensions. Upon approval, and
satisfaction of any conditions imposed, the
Public Works/Engineering Division shall
transmit the approved Lot Line Adjustment to
the County Recorder's Office. A Lot Line
Adjustment shall be recorded within two years
from the date of approval or other time frame
that may be established with the Lot Line
Adjustment approval. Time. extensions may be
.granted in compliance with 9321.H (Time
Extensions). If a Lot Line Adjustment is not
exercised within the established time frame,
and a time extension is not granted, the Lot
Line Adjustment shall be deemed to have
expired.
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~Ordinance 1177
Page 22
9323 Tentative Parcel and Tentative Tract Maps
A. Purpose
The purpose of this section is to provide fOr the
submittal and processing of tentative parcel and
tentative tract maps for the subdivision of land in
compliance with the Subdivision Code'
B. Applicability
An application for a tentative parcel or tentative tract
map shall be filed with the Department in compliance with
9321.C (Application Filing and Fees). In addition, the
tentative parcel or tentative tract 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 parcel
map or tentative tract map shall be clearly and legibly
drawn and shall contain the information identified in the
city's Subdivision Manual, unless waived by the Director
or City Engineer. The 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. Tentative
parcel and tentative tract map applications shall be
determined to be complete by the Department only when:
I .
Ail necessary application forms, materials and
exhibits as established by the Department are
accepted as adequate; ..
.
A preliminary soils, geology and seismicity
report prepared in accordance with the Uniform
Building Code and City's Grading Manual is
accepted as adequate;
.
A preliminary title report showing the legal
owners and any encumbrances and easements is
accepted as adequate by the City Engineer.
Said Title Report shall be uPdated every 6
mOnths from the date of the original submittal
until final action is taken on the
application;
·
,
Ail necessary determinations and documents to
Comply with the California Environmental
Quality Act have been certified or adopted;
and,
All fees and/or deposits have been submitted
and accepted.
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Ordinance 1177
Page 23
Tentative parcel and tentative tract shall may be
considered by the Commission in compliance with 9321.B
(Authority for Subdivision Decisions), with a noticed
public hearing.
An application for approval of a tentative parcel or
tentative tract map in compliance with the Subdivision
Code shall be submitted prior to or concurrently with all
applications for Other necessary discretionary City
approvals for the development.
C. Application Processing
Each application shall be analyzed by the Department to
ensure that the proposed subdivision is consistent with
the requirements of the Subdivision Map Act, Subdivision
Code, Tustin General Plan, any applicable Specific Plan,
Article 9, Chapter 2 (Zoning Code) and other applicable
provisions of the Tustin City Code and state law.
An application for a tentative parcel or tentative tract
map will be scheduled for a public hearing before the
Commission when the Department has determined the
application complete. Noticing of the public hearing
will be given in compliance with 9321.F (Public
Hearings).
The Commission shall take action, after a public hearing,
to approve, approve with conditions or deny the tentative
parcel or tentative tract map within the time frames
established by the Subdivision Map Act or other relevant
law. All applicable time frames for the Commission to
act on the tentative parcel or tentative tract map
application specified .by the Subdivision Map Act, or
other relevant law, may be extended by mutual consent of
the subdivider and the Commission.
D. Findings and Decision
The Commission shall record its decision in writing with
the findings upon which the decision is based. The
Commission may approve an application for a tentative
parcel Or tentative tract map, with or without
conditions, supported'by the findings required by the
Subdivision Map Act and by the findings required by the
California Environmental Quality Act.
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Ordinance 1177
Page 24
E. Conditions of Approval
In approving a tentative parcel or tentative tract map,
the decision making body may impose conditions deemed
necessary to ensure that the approval will be in
compliance with the findings°required by 9323.D (Findings
and Decision).
The decision making body may require, as a condition of
its approval, that the payment by the subdivider of all
deVelopment fees required to be paid be made at the rate
for such fees in effect at. the time of permit issuance.
F. Post Approval Procedures
I ·
Appeals. The decision of the Commission shall
be considered final unless an appeal is filed
in compliance with 9321.G (Appeals).
·
Time Extensions. Time extensions may be
granted in compliance with 9321.H (Time
Extensions). If a tentative parcel or
tentative tract map is not recorded within the
established time frame, and a time extension
is not .granted, the tentative parcel or
tentative tract map shall be deemed to have
expired.
9324' Vesting. Tentative ParCel and Vesting Tentative
Tract Maps
A. Purpose
The purpose of this section is to provide for the
~ubmittal and processing of vesting tentative parcel and
vesting tentative tract maps for the subdivision of land
in complianCe with the Subdivision Code.
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Ordinance 1177
Page 25
B. Applicability
Whenever a provision of the Subdivision Map Act or the
Subdivision Code requires or authorizes the filing of a
tentative parcel or tentative tract map, a vesting
tentative parcel or vesting tentative tract map may be
filed instead. The filing of a vesting tentative parcel
or vesting tentative tract map, as opposed to a'tentative
tract map or parcel map, shall not be a prerequisite to
any approval for any proposed subdivision, permit for
construction, or work preparatory to construction.
An application for a vesting tentative parcel or vesting
tentative tract map shall be filed with the Department in
compliance with 9321.C (Application Filing and Fees).
The vesting tentative parcel or vesting tentative tract
map shall be prepared in a manner acceptable to the
Department and shall be prepared by a registered civil
engineer or licensed land surveyor. The vesting
tentative parcel map or vesting tentative tract map shall
be clearly and legibly drawn and shall contain the
information identified in the City's Subdivision Manual,
unless waived by the Director. The 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. Vesting tentative parcel and vesting tentative
tract map applications shall be determined to be complete
by the Department only when:
Ail necessary application forms, materials and
exhibits as establiShed by the Department are
accepted as adequate;
.
A preliminary soils, geology and seismicity
report prepared in accordance with the Uniform
Building Code and City's Grading Manual is
accepted as adequate;
.
A preliminary title report showing the legal
owners and any encumbrances and easements is
accepted as adequate by the City Engineer.
Said Title Report shall be updated every 6
months from the date of the original submittal
until final action on the application is
taken;
Ail necessary determinations and documents to
comply with the California Environmental
Quality Act have been certified or adopted;
and,
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Ordinance 1177
Page 26
5. Ail fees and/or deposits.have been submitted
and accepted.
Vesting tentative parcel and vesting tentative tract maps
shall be considered by the Commission in compliance with
9321.B (Authority for Subdivision Decisions), with a
noticed public hearing.
An application for approval of a vesting tentative parcel
or vesting tentative tract map in compliance with the
Subdivision Code shall be sUbmitted concurrently with all
applications for other necessary discretionary City
approvals for the development.
C. Application Processing
Each application shall be analyzed by the Department to
ensure that the proposed subdivision is consistent with
the requirements of the Subdivision Map Act, Subdivision
Code, Tustin General Plan, any aPplicable Specific Plan,
Article 9, Chapter 2 (Zoning Code) and other applicable
provisions of the Tustin City Code and state law.
An application for a vesting tentative parcel or vesting
tentative tract map will be processed in compliance with
9323 (Tentative Parcel and Tentative Tract Maps).
D. Findings and Decision
The decision making body shall record its decision in
writing with the findings upon which the decision is
based. The Commission may-approve an application for a
vesting tentative parcel or vesting tentative tract map,·
with or without conditions, supported by the findings
required by the Subdivision Map Act and by the findings
required by the California Environmental Quality Act.
E. Condition's of Approval
In approving a vesting tentative parcel or vesting
tentatiVe tract map, the Commission may impose conditions
deemed necessary to ensure that the approval will be in
Compliance with the findings required by 9324.D (Findings'
and Decision).
The Commission may require, as a condition of its
approval, that the payment by the subdivider of all
development fees required to be paid be made at the rate
for such fees in effect at the time of permit issuance.
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Ordinance 1177
Page 27
Fe
Post Approval Procedures
1. Appeals. The decision of the Commission shall
be considered final unless an appeal is filed
in compliance with 9321.G (Appeals).
·
Time Extensions. Time extensions may be
granted in compliance with 9321.H (Time
Extensions). If a vesting tentative parcel or
vesting tentative tract map is not recorded
within the'established time frame, and a time
extension is not granted, the vesting
tentative parcel or vesting tentative tract
map shall be deemed to have expired.
Rights of a Vesting Tentative Map
.
The approval of a vesting parcel map or
vesting tentative map shall confer a vested
right to proceed with development in
substantial compliance with the ordinances,
policies, and standards as described in
Section 66474.2 of the Subdivision Map Act.
However, if Section 66474.2 is repealed, the
approval of a vesting tentative parcel or
vesting tentative map 'shall confer a vested
right to proceed with development in
substantial compliance with the ordinances,
policies, and standards in effect at the time
the vesting tentative parcel or vesting
tentative tract map is approved or
conditionally approved.
.
A permit', approval, extension, or entitlement
sought after approval of a vesting tentative
tract map or vesting tentative parcel map may
be conditioned or denied if any of the
following are determined:
a .
A failure to do so would place the
residents of the subdivision or the
immediate community, or both, in a
condition dangerous to their health or
safety, or both; or
b ·
The condition or denial is required to
comply with state or federal law.
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Ordinance 1177
Page 28
·
The rights referred to herein shall expire if
a final map is not approved prior to the
expiration of the vesting tentative parcel or
tentative tract map. If the final map is
approved, these rights shall last for the
following periods of time:
a ·
An initial time period of one (1) year
beyond the recording of the final parcel
map or final tract map. Where several
final maps are recorded on various phases
of a project covered by~a single vesting
tentative parcel or vesting tentative
tract map, this one (1) year initial time
period shall begin for each phase when
the final map for that phase is recorded.
All of said final parcel maps or final
tract maps must be recorded within the
time period set forth in Section 9321.H
(Time Extensions) or the vesting
tentative parcel map or vesting tentative
tract map approval shall expire for those
parcels for which final parcel maps or
final tract maps are not timely recorded.
b .
The one (1) year initial time period
shall be automatically extended by any
time used for processing a complete
application for a grading permit, if the
time used by the City to process the
application exceeds 30 days from the date
that a complete application is Ifiled.
C .
If the subdivider submits a complete
application for a building permit prior
to the expiration of the vesting
tentative tract map Or vesting tentative
parcel map, the rights referred to herein
shall continue until the expiration of
'that permit, or any extension of that
permit.
An approved vesting tentative parcel or
vesting tentative map shall nog limit the City
from imposing reasonable conditions on
subsequent required approvals or permits
necessary for the development in accordance
with subdivision (G) (2)~ of this Section.
Ordinance 1177
Page 29
9325 Final Maps
A. Purpose.
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The .purpose of this Section is to provide for the
submittal and processing of Final Parcel and Final Tract
Maps in compliance with the Subdivision Map Act and the,
Subdivision Code.
B. Applicability and Exceptions
An application for a Final Parcel or Final Tract Map may
be filed with the Department in compliance with 9321.C
(Application Filing and Fees). The final parcel or final
tract map shall be prepared in a manner acceptable to the
City Engineer and shall be prepared by a registered civil
engineer or licensed surveyor. The final map shall be
legibly drawn, printed, or reproduced by a process
guaranteeing a permanent record in black on polyester
base film'and shall contain, the information identified in
the City's Subdivision Manual, unless waived by the City
Engineer. In addition to the normal full size plan
submittal, the approved version of all Final Maps shall
be submitted to the Public Works Department/Engineering
Division in Computer Aided Design and Drafting (CADD)
format consistent with CADD conventions and guidelines
established by the Enqineering Division The City
Engineer may also requir~ additional materials, exhibits,
data or information as deemed necessary to accomplish the
purpose of the Subdivision Map Act and the Subdivision
Code.
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In addition, final parcel or final tract maps shall be
accompanied by the following data and reports. The City
Engineer or City Attorney may also require additional
materials, exhibits, data, or information as deemed'
necessary to accomplish the purposes of the Subdivision
Map Act and the Subdivision Code. Final Map applications
shall be determined to be complete by the Public Works
Department only when the .following actions have been
completed:
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·
·
Application Forms. Ail necessary application
forms, materials and exhibits identified in
the City's Subdivision Manual as established
by the Public Works Department/Engineering
Division are accepted as adequate;
Improvement Plans - Improvement plans as
required by 9332 (Improvements) and by
conditions of the tentative parcel or
tentative tract map are accepted as adequate;
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Ordinance 1177
Page 30
3. Title Report - A title report showing the
legal owners and any encumbrances and
easements accepted as adequate by the City
Engineer. Said Title Report shall be updated
every 6 months from the date of the original
submittal until final action on the
application is take;
4. Tax Certificate - A certificate from the
County Tax Collector stating that all taxes
due have been paid or that a tax bond or other
adequate form of security assuring payments of
all taxes which are a lien but not yet payable
has been filed with the County;
·
·
Deeds for'Easemerits or Rights-of-Way - Deeds
for off-site easements or rights-of-way
required for road or drainage purposes which
have not been dedicated on the final rights of
entry or permanent easements across private
property outside of the subdivision permitting
or granting access to perform necessary
construction work and permitting the
maintenance of the facility have been accepted
as adequate;
Traverse Closures - Traverse closures for the
boundary blocks, lots, easements, street
centerlines and monument lines have been
accepted as adequate; ·
Governing Documents - For a common interest
-.
development within the meaning of Sections
1350 e~ seq. of the State Civil Code,
Conditions and Restrictions containing the
provisions described in Section 1353 of the
Civil Code, and all other governing documents
for the subdivision as are appropriate
pursuant to Section 1363 of the Civil Code
have been provided. All subdivisions other
than a common interest development shall
include' any Declaration of Covenants,
Conditions and Restrictions proposed in
connection therewith. All documents shall be
subject to review and approval by the Director
of Community Development and City Attorney;
·
Guarantee of Title - A guarantee of title, in
a form acceptable to the City Attorney, has
been issued by a competent title company to
and for the benefit and protection of the
City, which shall be maintained complete up to
the. instant of recording of the final map,
guaranteeing 'that 'the names of all persons
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Ordinance 1177
Page 31
whose consent is necessary to Pass a clear
title to the land being subdivided, and all
public easements being offered for
dedications, and all acknowledgements thereto,
appear on the proper certificates and are
correctly shown on the map, both as to
consents as to the making thereof and
affidavits of dedication where necessary;
·
Improvement Agreement -.In the event sewer,
water, drainage, grading, paving, or other
required improvements have not been completed
prior to the presentation of the~final map, 'an
agreement has been filed for the improvement
thereof and accepted as adequate;
10. Liability Agreement and Insurance - A hold-
harmless agreement obligating the subdivider
to hold the City and its officers, agents and
employees harmless from any liability for
damages or claims for damages for personal
injury or death to any person, and for injury
to property which arise from the operations of
the subdivider and/or the subdivider's
subcontractors in connection with the
subdivision has been filed and accepted by the
City. A certificate of insurance reporting to
the City the amount of insurance the
subdivider carries for the subdivider's own
liability for damages or claims for damages
for personal injury or death to any person,
and for injury to property which arise from
the operations of the subdivider or
subcontractors in connection with the
subdivision naming the City as an additional
insured has been filed and accepted by the
City. The agreement and certificate required
by this Subsection shall be subject to prior
review and approval by the City Engineer and
City Attorney;
11. Fees and Deposits. Ail fees and/or deposits
have been submitted and accepted; and
12. Corrections. Any and all corrections and/or
additions to the final map have been made and
are acceptable to the City Engineer.
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Ordinance 1177
Page 32
C. Multiple Final Maps
Multiple final maps relating to an approved, or
donditionally approved tentative parcel or tentative .
tract map may be filed prior to the expiration of the
tentative map if the subdivider, at the time the
tentative map application is filed, notifies the Director
of Community Development in writing of the subdivider's
intention to file multiple final maps on the tentative
map. In providing the notice, the subdivider shall not
be required to define the number or configuration of the
proposed multiple maps. If the subdivider did not
provide written notice of its intent to file multiple
final maps at the time the tentative map application was
filed, multiple final maps may only be filed with the
concurrence of the Director. The right of the subdivider
to file multiple final maps shall not limit the City's
authority to impose reasonable conditions relating to the
filing of multiple maps.
Each final map which constitutes a part, or unit, of the
approved or conditionally approved tentative map shall
have a separate subdivision number. The subdivision
improvement agreement executed by the subdivider shall
provide for the construction of improvements as required
to constitute a logical and.orderly development of the
whole subdivision.
De
Application Processing and Review
Each application shall be analyzed by the Department to
ensure that the application is consistent With the
purpose and intent of the Subdivision Map Act and the
Subdivision Code.
Upon determination of a' complete final parcel or tract
map, the Community Development Department shall forward
the matter to the Council. The Council shall take action
to approve, approve with conditions or deny the final
parcel or tract map within the time frames established by
the Subdivision Map Act.
E. Findings and Decision
The'Council shall record its decision in writing with the
findings upon which the decision is based. The Council
shall approve the final map if the citY has previously
~pproved a tentative parcel or tentative tract map for
the proposed subdivision and if the Council finds that
the final map is. in substantial compliance with the
requirements of the Subdivision Map Act, the Subdivision
Code, the tentative parcel or tentative tract map and all
conditions thereof.
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Ordinance 1177
Page 33
F. Conditions of Approval
If the Council approves the final map, it shall also
accept, accept subject to improvement, or reject any
offer of dedication. The City Clerk shall certify on the
final map the action by the Council. 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 Council, the offer of dedication shall remain open
and the Council may, by resolution adopted at any later
date, and without further action by the subdivider,
rescind its action and accept and open the streets,
paths, alleys, rights-of-way for local transit
facilities, or storm drainage easements, which acceptance
shall be recorded in the office of the County Recorder.
The City may accept any dedications lying outside the~
subdivision boundary which requires a separate grant
deed. The acceptance shall be recorded in the office of
the County Recorder.
G. Post Approval Procedures
·
®
City Engineer Signature. The subdivider shall
submit to the City Engineer the original
tracing of the map and any duplicates per
County requirements, corrected to its final
form and signed by all parties required to
execute the certificates on the map. Original
signatures shall appear on the original
drawing and on the blueline dUplicate. Upon
receipt of all required certificates and
submittals, the City Engineer shall sign the
appropriate certificates and transmit the
original map to the City Clerk.
Filing with the County Recorder. Upon
approval of the final map by the Council, and
signature by the City Engineer, the City Clerk
shall execute the appropriate certificate on
the certificate sheet and shall, subject to
the provisions of Section 66464 of the
Subdivision Map Act, transmit the map, or have
an authorized agent forward the map, to the
County. Recorder.
·
Survey Required. An accurate and complete
survey of the land to be subdivided shall be
made by a registered civil engineer authorized
to 'practice land surveying or licensed land '
surveyor. All monuments, property lines,
centerlines of streets, alleys and easements
adjoining or within the sUbdivision shall be
Ordinance 1177
Page 34
tied into the survey. The allowable error of
closure on any portion of the final map shall
not exceed 1/10,000 for field closures and
1/20,000 for calculated closures.
At the time of making the survey for the final
map, the engineer or surveyor shall set
sufficient durable monuments to conform with
the standards described in Section 8771 of the
Business and Professions Code so that another
engineer or surveyor may readily retrace the
survey. At least one (1) exterior boundary
line shall'be monumented prior to recording
the final map. Other monuments shall be set
prior to recording as required by the Director
of Public Works.
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9326
Reversion to Acreage
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A. Purpose
The purpose of this section is to provide for the
submittal and processing of subdivided property reverted
to acreage pursuant to the provisions of Section 66499.11
et seq. of the Subdivision Map Act and the Subdivision
Code. This section shall apply to final parcel and final
tract maps.
Subdivisions may also be merged and resubdivided without
reverting to acreage pursuant to Section 66499.20-1/2 of
.the Subdivision Map Act and the Subdivision Code.'-
Initiation of Proceedings.
Proceedings to revert subdivided property to
acreage may be initiated by petition of all of
the owners of record of the property. The
petition shall, be in a form prescribed by the
City Engineer. The petition shall contain the
information required by the City's Subdivision
Manual and any other information deemed
necessary by the City'Engineer to initiate and
conduct the proceedings.
·
The City Council, at the request of any person
or on its own motion may, by resolution,
initiate proceedings to revert property to
acreage. The City Council may direct the City
Engineer to-obtain the necessary information
to initiate and conduct the proceedings.
Reversions to acreage may be considered by the
Council in compliance with 9321.B (Authority
for Subdivision Decisions) with a noticed
public hearing.
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Ordinance llJ7
Page 35
C. Contents of Petition
In addition to other information requried by the City, a
petition shall Contain, or be accompanied by, but not be
limited to, the following:
.
Evidence of title to the real property;
At least one of the following:
a ·
b.
Evidence of the consent of all of the
owners of an interest in the property;
Evidence that none of the improvements
required to be made have been made within
two (2) years from the date the final or
parcel map was filed for record, or
within the time allowed by agreement for
completion of the improvements, whichever
is later; or
.
c .
Evidence that no lots shown on the final'
or parcel map have been sold within five
(5) years from the date such final or
parcel map was filed for.record;
A final parcel or final tract map in the form,
and with the contents, in compliance with 9325
(Final Maps) and which delineates dedications
which will not be vacated and dedications
required as a condition to reversion. .Final
parcel or final tract maps shall be
conspicuously designated wit'h the title, "The
Purpose of this Map is a Reversion to
Acreage.,,; and,
Fees and/or deposits in accordance with
adopted fee schedules.
De
Submittal of Petition to the City Engineer
An application for a reversion to acreage shall be
scheduled for a public hearing before the Council after
the City Engineer has determined the application
complete. Noticing of the public hearing will be given
in compliance with 9321.F (Public Hearings).
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Ordinance 1177
Page .36
E. Findings and Decision
The Council shall record its decision in writing with the
findings upon which the decision is based. The Council
may approve the reversion to acreage, with or without
conditions, supported by the findings required by Section
66499.16 of the Subdivision Map Act. The Council shall
require as conditions of the reversion:
. ·
DedicatiOn or Offers .of Dedication for
streets, public rights-of-way or easements
necessary to accomplish the purposes of the
Subdivision Code;
.
The retention of all or a portion of
previously paid'subdivision fees, deposits or
improvement securities if the same are
necessary to accomplish any of the purposes or
provisions of the Subdivision Map Act or the
Subdivision Code; and,
o
Such other conditions as are necessary to
accomplish the .purposes or provisions of the
Subdivision Map Act or the Subdivision Code or
necessary to protect the public health, safety
or welfare.
Fe
Post Approval Procedures
City Engineer Signature. The subdivider shall
submit to the City Engineer the original
tracing of the map and any duplicates per
County requirements, corrected to its final
form and signed by all parties required to
execute the certificates on the map. Original
signatures shall appear on the original
drawing and on the blueline duplicate. Upon
receipt of all required certificates and~
submittals, the City Engineer shall sign the
appropriate certificates and transmit the
original map to the City Clerk.
When reversion becomes effective, all fees and
deposits not retained per Section 9326.E
(Findings and Decision) must be returned.
·
Filing with the County Recorder. Upon
approval of the final map by the Council, and
signature by the City Engineer, the City Clerk
shall execute the appropriate certificate on
the certificate sheet and shall, subject to
the provisions of Section 66464 of the
Subdivision Map Act, transmit the map, or have
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Ordinance 1177
Page 37
an authorized agent forward the map, to the
County Recorder.
9327
Parcel Mergers
A. Purpose
The purpose of this section is to provide for the
submittal and processing of parcels to be merged in
accordance with the Subdivision Map Act and the
Subdivision Code.
B. Applicability
Except as provided in Section 66451.11 (A) - (E) of the
Subdivision Map Act, two or more contiguous parcels or
units of land held by the same owner may be merged, if
any one of the parcels or units of land ~oes not conform
to the minimum parcel or lot size required by the City's
Zoning Code, and if all of the following requirements are
satisfied:
.
At least one of the affected parcels or units
of land is undeveloped with any structure for
which a building permit was issued or for
which a building permit was not required at
the time of construction, or is developed only
· with an accessory structure, or accessory
structures, or is developed with a single
Structure other than an accessory structure
which is also partially sited on a contiguous
parcel or unit of land.
_
·
With respect to any affected parcel or unit of
land, one ~(1) or more of the following
conditions exists:
a ·
b.
The parcel comprises less than five
thousand (5,000) square feet in area at
the time of the determination of merger;
The parcel was not created in compliance
with ~pplicable 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;
de
The parcel does not meet slope stability
standards;
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Ordinance 1177
Page. 38
e ·
The parcel has no legal access which is
adequate for vehicular and safety
equipment access and maneuverability;
The parcel's development would create
health or safety hazards; or,
The parcel is inconsistent with the
General Plan and any applicable specific
plan, other than minimum lot size or
density standards.
o
The owner of the affected parcels has been
notified of the merger proposal pursuant to
section 66451.13 of the Subdivision Map Act,
and is afforded the opportunity for a hearing
pursuant to Section 66451.14 of the
Subdivision Map Act. For purposes of
determining whether contiguous parcels are
held by the same owner, ownership shall be
determined as of the date that the notice of
intention to determine status is recorded in
compliance with 9327.B (Notice of Intention to
Determine Status).
Subsection 2 shall not apply if any of the conditions
stated in Section 66451.11(b) (A), (B), (C) or (D) of the
Subdivision Map Act exist.
C. Notice of Intention to Determine Status
Prior to recording a notice of merger, a notice of
intention to determine status shall be prepared by the
Director and delivered to the current owner of record by
certified mail. The notice shall state that the affected
parcels or units of land may be merged pursuant to the
Subdivision Code and that, within thirty (30) days from
the date the notice of intention was recorded, the owner
may request a hearing before the Planning Commission to
present evidence that the property does not meet the
criteria for merger. The Notice of Intention to
Determine Status shall be filed with the County Recorder
by the Director on the same day that the notice is mailed
to the property owner.
D. Hearing on Determination of Status
The owner of the affected property may file a written
request for consideration by the Planning Commission
within thirty (30) days after recording of the notice of
intention to determine status. Upon receipt of the
request, the Department shall set a time, date and place
for consideration by the Planning Commission and notify
the owner of such hearing by certified mail. 0 The
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Ordinance 1177
Page 39
Planning Commission shall consider the matter within
sixty (60) days following the receipt of the owner's
request, or may be postponed or continued by mutual
consent of the Director and the property owner.
The Planning Commission shall provide the.property owner
with an opportunity to present any evidence that the
affected property does not meet the requirements for
merger specified in the'Subdivision Code.
After consideration of the evidence presented, the
Planning Commission shall determine whether the affected
parcels are to be merged or are not to be merged and
shall notify the owner of the determination. The
determination of the Planning Commission shall be mailed
to the property owner within five (5) days of the date of
the Commission's action.
E. Determination of Merger
If the Planning Commission makes a determination that the
parcels are to be merged, a notice of merger shall be
filed with the County Recorder by the Director within
thirty (30) days of the .c0nclusion of the Commission's
action, unless the decision has been appealed in
compliance with 9327.F (Appeal). The notice of merger
shall specify the name of the record owner and a
description of the property. The notice of merger under
the Subdivision Code shall be in a form approved by the
Director prior to being filed for record with the County
Recorder.
If the Planning Commission makes a determinationlthat the
parcels shall not be merged, a release of the notice of
intention to determine status shall be filed with the
,
County Recorder by the Director within thirty (30) days
after the Commission's determination, and a clearance
letter shall be delivered to the owner by certified mail.
F. ~ppeal
The decision of the Commission shall be considered final
unless an appeal is. filed in compliance with 9321.G
(Appeals) . The decision of the Commission, or any
condition of approval, is appealable to the Council.
Determination When No ~earing is Requested
If the owner does not file a request for a hearing within
thirty (30) days after the recording of the notice of
intention to determine status, the Director may, at any
time thereafter, make a determination that the Parcels
are or.are not to be merged. If they are to be merged,
a notice of 'merger shall be filed with the County
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Ordinance 1177
Page 40
Recorder by the Director within ninety (90) days after
the mailing of the notice of intention to determine
status in compliance with 9327.C~(Notice of Intention to
Determine Status).
Request'to Merge by Property Owner
If the merger of contiguous parcels or units of land is
initiated by the record owner, the owner may waive in
writing the right for consideration by the Planning
Commission and to all notices required by the Subdivision
Code. Upon receipt of such waiver, the Director shall
simultaneously file with the County Recbrder a notice of
intention to determine status, the waiver of right of
hearing and notice, and a notice of merger.
9328
Correction and Amendment of Maps
A. Tentative Parcel or Tentative Tract Maps
Prior to final tract or final parcel map approval, minor
amendments to the approved tentative parcel or tentative
tract map, including vesting tentative maps, or
conditions of approval may be approved by the Director
upon filing of an application and paying applicable fees,
as established by Council resolution, by the subdivider
or on the Department's own initiative, provided that:
·
No lots, units, or building sites or
·
structures are added;
o
The changes, are consistent with the intent' and
sPirit of the original tentative map approval;
and,.
,
There are no resulting violations of the
Tust in General Plan, Zoning Code, any
applicable Specific Plan, the Subdivision
Code, or the Subdivision Map Act.
The amendment shall be indicated on the approved
tentative parcel or tentative tract map and certified by
the Director. Amendments to the tentative parcel or
tentative tract map, or conditions of approval which, in
the opinion of the Director, are not minor, shall be
presented to the original decision body for
consideration. Processing of amendments shall be same as
originallYprocessed for the applicable subdivision type.
Any approved amendment shall not alter the expiration
date of the tentative parcel or tract map.
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Ordinance 1177
Page 41
B. Final Maps
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After a final tract .or parcel map is filed in
the office of the County Recorder, it may be
amended by a certificate of correction or an
amending map for the purposes specified in
Section 66469 of the Subdivision Map Act.
In addition to the provisions of Subsection
(1) above, a final tract or parcel map may be
amended by a certificate of correction if
there are changes which make any of the
conditions of the'map no longer appropriate or
~ecessary and that the modifications do not
impose any additional.burden on the present
fee owner of the property, and if the
modifications do not alter any right, title or
interest in the real property reflected on the
recorded map, and that the map as modified
conforms to the provisions of Section 66474 of
the Subdivision Map Act.
.
The amending map or certificate or 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 City's Subdivision
Manual. The 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.
Modifications made pursuant to this subsection
Shall be set for public hearing before the
Council consistent with the noticing
provisions of 9321 F (Public Hearings). The
hearing by the Council shall be confined to
consideration~of, and action on, the proposed
modification.
The amending map or certificate of correction
certified by the City Engineer shall be filed
in the office of the County Recorder. Upon
such filing, the County Recorder shall index
the names of the fee owners and the
appropriate subdivision designation shown on
the amending map or certificate of correction
in the general index and map index,
respectively. Thereafter, the original map
shall be deemed to have been-conclusively so
corrected, and thereafter shall impart
constructive notice of all such corrections in '
the same manner as though set forth upon the
original map.
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Ordinance 1177
Page 42
PART III
DEDICATIONS, IMPROVEMENTS AND ENFORCEMENT
9331
Dedications, Reservations and Development Fees
ae
Dedication of Streets, Alleys, Bicycle Paths and
Other Public Rights-of-Way or Easements.
To be consistent with the Circulation Element of the
General Plan and to the extent permitted by Law, the
subdivider may be required, as a condition of approval of
a tentative map, to dedicate or make an irrevocable offer
of dedication of land within the subdivision needed for
streets and alleys (including access rights), drainage,
public greenways, parks, bicycle paths, trails, scenic
easements, public utility easements, local transit
facilities as provided in Section 66475.2 of the
Subdivision Map Act, and other public easements. In
addition, the subdivider may also be required to improve
or agree to improve all streets and alleys, including
access rights, drainage, public greenways, bicycle paths,
trails, public utility easements, and other public
easements.
Improvements shall be made in accordance with 9332
(Improvements).
B. Waiver of Direct Access Rights.
The City may require as. a condition of approval"of' a
tentative map that dedications' or offers of dedication of
streets include a waiver of direct access right's to any
such street from any property within or abutting the
subdivision.
Upon acceptance of the dedication, such waiver shall
become effective in accordance with its provisions.
C. Dedications/Fee Title.
Ail dedications of property to the City for public
purposes shall be made in fee title, except that, in the
City's discretion, a grant of an easement may be accepted
for the following purposes: open space easements, scenic
easements or public utility easements. All dedications
in fee and grants of easements shall be free of liens and
encumbrances except for those which the City, in its
discretion, determines' would not conflict with the
intended ownership and use. The City may elect to accept
an irrevocable offer of dedication in lieu of dedication
of fee title.
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Ordinance 1177
Page 43
D. Parkland Dedication.
To implement the~ Conservation/Open Space/Recreation
Element of the General Plan which contains policies and
standards for parks and recreational facilities, the
subdivider shall dedicate land or pay a fee in lieu
thereof, or a combination of both, at the option of the
City (except as otherwise provided in Government Code
Section 66477(g), for the purpose of developing new or
rehabilitating existing neighborhood or community parks
and recreational facilities to serve the subdivision, and
in accordance with the standards and formula contained in
this Section.
1. 'General Provisions
(a) Applicability. The provisions of this
Section shall be applicable to the
division of real property defined as a
"subdivision,, by Section 66424 of the
Subdivision Map Act.
(b) Exceptions. Park land dedications or
fees in lieu thereof shall not be
required for the following:
i. Industrial subdivisions.
ii. Commercial subdivisions.
'iii. Condominium projects or stock
cooperatives in an existing
apartment building which is more
than five (5) years old and no new
dwelling units are added.
iv. Subdivisions containing less than
five (5) parcels and not used for
residential purposes.
(c). Waiver. Parkland dedication fees may be
waived by the City Council. in its
discretion upon the submission and
approval of agreements for specific
projects designed and guaranteed for low
income, senior.and handicapped citiZen
occupants.
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Ordinance 1177
Page 44
2. .Standards and formula for land dedication:
(a) The public interest, convenience, health,
welfare, and safety require that three
(3) acres of usable park land per one
thousand (1,000) potential population be
devoted to local park and recreational
purposes.
(b) When the requirements of this section are
complied with solely on the basis of the
dedication of park land, the minimum
amount of land to be provided shall be
computed by multiplying the number of
proposed dwelling units by the parkland
acres per dwelling unit in accordance
with the appropriate density
classification in the following table:
Dwelling Units
Parkland Acres
Per Gross Acre
Dwelling Unit
Average persons
Per Dwelling Unit
P e r
0 - 7 3.25 .0098
7.1 - 15 2.73 .0082
15.1 - 25 2.15 .0065
Mobilehome Parks 2.15 .0065
source: Tustin General Plan Land Use Element
These density ranges, average persons per
dwelling unit and/or parkland acreage per
dwelling unit shall be used to achieve a
parkland dedication rate of three (3)
acres of parkland per 1,000 persons
unless alternate density ranges, average
persons per dwelling unit and/or parkland
acreage per dwelling unit are established
in'an adopted Specific Plan adopted in
compliance with Government Code Section
65450 et. seq,, Disposition and
Development Agreement in compliance with
California Community Redevelopment Law,
or other agreement.
3. Fees in lieu of dedication.
When there is no public park or recreational
facility required within the proposed
.subdivision, the subdivision is less than
fifty (50) parcels, or the project is a
conversion of an existing apartment complex to
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Ordinance 1177
Page 45
multiple-owner occupancy not exempted herein,
the subdivider shall pay a park fee, on a per
unit basis, reflecting the value of land
required for park purposes. The value of the
amount of such fee shall be based upon the
fair market value of the amount of land which
would otherwise be required for dedication.
The fair market value'shall be determined by a
Master Appraisal Institute (MIA) appraiser
acceptable to the City and at the expense of
the developer; and the determination shall
consider the value of a buildable acre of land
at the time the final map is to be recorded,
as if otherwise the l'and would be fully
developed to the residential density shown on
the tentative tract map for which the fees are
required. If more than one (1) year elapses
between the appraisal and recording of the
final map, the City will require that a new
appraisal be prepared at the expense of the
developer. For purposes of this Section, the
determination of the fair market value of a
buildable acre shall consider, but not
necessarily be limited to, the approval of and
conditions of the tentative subdivision map,
the General. Plan, zoning, property location,
off-street improvements facilitating use of
the property, and site characteristics of the
property.
If a subdivider objects to the fair market
value as determined by the MAI appraiser, an
appeal may be made to the Planning Commission.
The subdivider shall have the burden of proof
in contesting the appraised value.
Nothing in this Section shall prohibit the
dedication and acceptance of land for park and
recreation purposes' in subdivisions of fifty
(50) parcels or less, where the subdivider
proposes4such dedication voluntarily and the
dedication and land is acceptable to the
Planning Commission.
For. subdivisions in excess of fifty (50)
parcels, the Planning Commission. may elect to
receive a fee in lieu of land dedication. The
value Of the amount of such fee shall be based
upon the fair market value of the amount of
land which would otherwise be required for
dedication as determined above.
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Ordinance 1177
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o
Notwithstanding the foregoing, dedication of
land may be required by the City for a
condominium, stock cooperative, or community
apartment project which exceeds 50 dwelling
units, regardless of the number of parcels.
Combination of dedication and fees.
Whenever the requirements of this Section are
complied with by both the provision of
parkland and the payment of a park fee, the
amount of the park fee shall be computed by
determining the required amount of parkland in
accordance with the provision of Subsection
(b) and subtracting the amount of parkland
actually provided. The remainder shall be
converted to "fee" on a per unit basis in
accordance with the provisions of Subsection
(c) .
Credit for private open space.
Where private open spaces for park and
recreational purposes is provided in a
proposed subdivision and such space is to be
privately owned and maintained by the future
residents of the subdivision, such areas may
be credited against the requirement for
dedication of parkland, as provided for in
Subsection (D.2), provided the Planning
Commission finds it is in the public interest
to do so, and that all of the following
standards are met:
(a) That yards, court areas, setbacks and
other open areas required to be
maintained by the zoning, and building
regulations shall not be included in the
Computation of such private open space;
(b) That the private ownership and
maintenance of the open space is
adequately provided for by written
agreement;
(c) That the use of the private open space is
restricted for park and recreational
purposes by recorded covenants which run
with the land in favor of the future
owners of property within the tract and
which cannot be defeated or eliminated
without the consent of the Planning
Commission or City Council;
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Ordinance 1177
Page 4 7
(d) That the proposed private open space is
reasonably adaptable for use for park and
recreational purposes, taking into
consideration such factors as size,
shape, topography,~ geology, access,
including provisions for bicyclists, and
location of the private open space land;
(e) The facilities proposed for the open
space are in substantial accordance with.
the provision of the Recreational Element
of the General Plan, and are approved by
the Planning Commission or City Council;
(f) That the open space for which one hundred
(100) percent credit is given is a
minimum of one (1) acre and provides at
least one of the park basic elements
listed below, or a combination of such
and other recreation improvements that
will meet the specific recreation needs
of future residents of the area:
i. "Recreational open spaces" which are
generally defined as park areas for
active recreation pursuits such as
soccer, baseball, softball, and
football, and have at least one (1)
acre of maintained tUrf with less
than five (5) percent slope.
ii. "Court areas" which are generally
defined as tennis courts, badminton
courts, shuffleboard courts, or
similar hard-surfaced areas
especially designed and exclusively
used for court games.
iii. "Recreational swimming areas" which
are defined generally as fenced
areas devoted primarily to swimming,
diving, or both. They must also
include decks, lawned area,
bathhouses, or other facilities
developed and used exclusively for
swimming and diving and consisting
of no less than fifteen (15) square
feet of water surface area for each
three (3) percent of the population
of the subdivision with a minimum of
eight hundred (800) square feet of
water surface area per pool,
together with an adjacent deck
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Ordinance 1177
Page 48
and/or lawn area twice that of the
pool.
iv. ,,Recreation buildings and
facilities" which means facilities
designed and primarily used for the
recreational needs of residents of
the development. Partial credit may
be awarded for sites which do not
incorporate the required basic
elements or are less than one (1)
acre when deemed beneficial to the
community by the Planning
Commission.
Because private common areas meet only a
portion of resident needs, the computed credit
value shall not exceed twenty.-five (25)
percent of the otherwise required public land
dedication or in lieu fees.
.
The determination of the Planning Commission
as to whether credit shall be given and the
amount of credit shall be final and
conclusive, unless appealed to the City
Council as provided in Section 9321.G
(Appeals).
Credit for public park and recreational
facility improvements.
(a) A .subdivider may elect to provide
improvements to land dedicated.for public
park or recreational use' when a
combination of fees and dedications are
required. The Planning Commission may
credit the value of the improvements
together with any equipment located
thereon against the payment of fees or
dedication of land required herein.
.
(b) Credit shall not be allowed for single-
purpose commercial recreation facilities
whether dedicated to the public or'in
private ownership.
Choice of land dedication, improvement, fees~
or combination.
(a) Procedure. The procedure for determining
whether the subdivider is to dedicate,
improve, pay a fee, or combination of
methods shall be as follows:
Ordinance 1177
Page 49
i ,
At the time of filing a tentative
tract map for approval, the
subdivider of the property shall, as
a part of such filing, indicate
whether the subdivider desires to
dedicate property for park and
recreational purposes, improve the
parkland, pay a fee in lieu thereof,
or a combination of the foregoing.
If the subdivider desires to
dedicate land .for this purpose, the
subdivider shall designate the area
thereof in the tentative tract map
as submitted.
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ii. At the time of the tentative tract
map approval, the Planning
Commission shall determine as a part
of such approval, whether to require
a dedication of land within the
subdivision, payment of a fee in
lieu thereof, accept improvement, or
a combination of such methods.
iii. Where dedication is required, it
shall be accomplished in accordance
with the provision of the
Subdivision Map Act. Where fees are
required the same shall be deposited
with the City prior to the approval
of the final tract or parcel' map.
Open space covenants for private
park or recreational facilities
shall be submitted to the City prior
to approval of the final tract map
and shall be recorded
contemporaneously with the final
tract map.
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(b) DeterminatiOn. When land is proposed to
be dedicated, the Planning Commission
shall determine the appropriat, eness of
the land to be dedicated based upon the
following:
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The conservation/Open
Space/Recreation Element 'of the
City's General Plan; and
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ii. The topography, geolOgy, acceSs and
location of land in the subdivision
available for dedication; and
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Ordinance 1177
Page 50
iii. 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, t or any
combination thereof, shall be final
and conclusive, unless appealed to
the City Council as provided in
Section 9321.G (Appeals), provided
that in no event, may the
dedications, amount of fees or value
of improvements exceed the
subdivider's dedication requirements
as set forth in Section 933t.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.
8. Responsibilities and Enforcement.
(a) It is the responsibility of each property
owner who proposes to create residential
building sites to provide an equitable
portion of parklands as required by this
Code. Dedications for the provision of
parklands and/or the payment of fees
shall commence at' the earliest possible
· instance of land development planning.
Where parkland is to be provided, such
provisions shall be included, where
applicable, in zone changes, planned~
community texts and development plans,
tentative and final tract maps, division
of land and 'parcel maps and conditional
use-permits.
(b) It is the duty of the Director of
Community Services to verify that the
requirements of. this Part are complied
with, and to notify all interested
parties and agencies of such compliance.
(c) It is the duty of the Director of
Community Development to enforce the
provisions of this Part that are
applicable to the issuance of a building
permit. ~.
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Ordinance 1177
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(d) The Director of Community Services shall
prepare a schedule for approVal by the
Planning Commission, specifying how and
when it will use the land or fees, or
both, to develop, park and recreation
facilities. .Fees shall be committed
within five (5) years of collection.
(e) Any reqUired in-lieu fees shall be paid
prior to recording the final tract map.
When improved sites are accepted, an
improvement agreement shall be approved
by the City prior to recording the final
map.
9. Limitation of Use of land and fees.
The land and fees received under'this Section
shall be used only for the purpose of
providing park and recreational facilities to
serve the area from which received, and the
location of the land and amount of fees shall
bear a reasonable relationship to the use of
the park and recreational facilities by the
future inhabitants of the subdivision, the
community, and the general area from which it
is received.
Reservations.
1. General.
Based on the General Plan, or applicable
Specific Plan, as a condition of approval of a
tentative map, the subdivider may be required
to reserve sites, appropriate in area and
location, for parks, recreational facilities,
fire stations, libraries or other public uses
according to the standards and formula
contained in this Section.
2. Standards for Reservation of Land.
Where a park, recreational facility, fire
station, library, or other public use is shown
on the General Plan or an adopted specific
plan, the subdivider may be required by the
City to reserve sites as so determined by the
City in accordance with the policies and
standards contained in the General Plan or the
adopted specific plan. The reserved area must
be of such size and shape as to permit the
balance of the property within which the
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Ordinance 1177
Page 52
reservation is located to develop in an
orderly and efficient manner.
·
The amount of land to be reserved shall not
make development of the remaining land held by
the subdivider economically infeasible. The
reserved area shall be consistent with the
General Plan or the adopted specific plan and
shall be in such multiples of streets and
parcels'as to permit an efficient division of
the reserved area in the event that it is not
acquired within the prescribed period.
3. Procedure.
The public agency for whose benefit an area
has been reserved shall, at the time of
approval of the final map or parcel map, enter
into a binding agreement to acquire such
reserved area within two (2) years after the
completion and acceptance of all improvements,
unless the period of time is extended ~by
mutual agreement.
4. Payment to Subdivider.
·
The purchase price for the reserved area shall
be the market value thereof at the time of the
filing of the tentative map plus the taxes
against the reserved area from the date of the
reservation and any. other costs incurred by
the subdivider in the maintenance of the
reserved area, including interest costs
incurred on any loan covering the reserved
area.
Terminat ion
If the public agency for whose benefit an area
has been reserved does not enter into a
binding agreement in accordance with this
section, the reservation of the area shall
automatically terminate.
F. Local Transit Facilities.
.·
As a condition of approval~ of a tentative map, the
subdivider may be required to dedicate, or. make an
irrevocable offer of dedication, of land within the
subdivision for local transit facilities such as
shelters, benches,.bus turnouts, landing pads, park-and-
ride facilities, and similar items which directly benefit
the residents of the subdivision, if (a) the subdivision
as shown On the tentative map has the potential for two
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Ordinance 1177
Page 53
hundred (200) dwelling units or more if developed to the
maximum density shown on the General Plan or contains one
hundred (100) acres or more, and (b) if the City finds
that transit services are or will, within a reasonable
time period, be made available to the-subdivision.
The provisions of this Section do not apply to
condominium projects or stock cooperatives which consist
of the subdivision of airspace in an existing apartment
building which is more than five (5) years old when no
new dwelling units are added.
Bridges and Major Thoroughfares.
.
Purpose. The purpose of this section is to
establish provisions for assessing and
collecting fees as a condition of approval of
a final map or prior to issuing a building
permit for the purpose of defraying the actual
or estimated cost of constructing bridges or
major thoroughfares pursuant to Section 66484
of the Subdivision Map Act, and in order to
implement the Circulation Element of the
General Plan and, in the case of bridges, the
transportation provisions thereof.
.
Definitions. For the purposes of this
section, the following words and phrases shall
have the following meanings:
(a) "Construction" shall mean design,
acquisition of right -of-way,
administration of construction cOntracts,
actual construction and inspections.
(b) "Major thoroughfare" shall mean a roadway
as shown on the Circulation Element of
the General Plan whose primary purpose is
to carry through traffic and provide a
network connecting to the state highway
system.
3. Payment of FeeS Generally.
(a) Prior to filing, a final map which
includes land within an area of benefit
established pursuant to this division,
the subdivider shall pay or cause to be
paid any fees established and apportioned
to such property pursuant to. this section
for the purpose of defraying the actual
or estimated cost of constructing bridges
over waterways, railways, freeways or
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Ordinance 1177
Page 54
canyons or
thoroughfares.
constructing
ma j or
(b) At the time a building permit is issued
for construction on any property within
an area of benefit established pursuant
to this section, the applicant for such
permit shall pay or cause to be paid any
.fees established and apportioned pursuant
to this section for the purpose of
defraying the'actual or estimated cost of
constructing bridges over waterways,
railways, freeways or canyons or
construCting major thoroughfares, unless
such fees have been paid pursuant to
Subsection' (c) (1) of this section.
(c) Notwi~thstanding the provisions of
Subsections (3) (a) and (3) (b) of this
section:
i o
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.
ii. 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.
Consideration in Lieu of Fees· Upon
application by the subdivider or applicant for
a building permit, the City Council may accept
consideration in lieu of the payment of fees
required pursuant to. this section; provided
that the City Council first finds, upon
recommendation of the City Engineer, that the
substitute consideration has a value equal to
or greater than the fee; and provided further
that the substitute consideration is in a form
acceptable to the City Council.
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Ordinance 1177
Page 55
o
.
,
Public Hearing. Prior to establishing an area
of benefit, a public hearing shall be held by
the City Council at which time the boundaries
of the area of benefit, the costs, whether
actual or estimated, and a fair method of
allocation of costs to the area of benefit and
fee apportionment, and the fee. to be
collected, shall be established. Notice of
the public hearing shall be given consistent
wit the provisions of Section 9304.06 and
shall include preliminary information related
to the boundaries of the area of benefit,
estimated cost and the method of fee
apportionment.
Amount. The amount of the fees and the areas
of benefit established pursuant to this
Section may be established by resolution.
Exemptions. Notwithstanding the p~ovisions of
Subsection (6), payment of such fees shall not
be required for:
(a) The use, alteration or enlargement of an
existing building or structure or the
erection of one (1) or more buildings or
structures accessory thereto, or both, on
the same lot or parcel of land; provided
that the total value, as determined by
the Building Official, of all such
alteration, enlargement or construction
completed within any one (1) year period
does not' exceed one-half (1/2) of the
current market value, as determined by
the Building Official, of all existing
buildings on such lot or parcel of land,
and the alteration or enlargement of the
building is not such as to change its
classification of occUpancy as defined by
applicable Sections of the Uniform
Building Code.
(b) The following accessory buildings and
structures: private garages, children's
playhouses, radio and television
receiving antennas, windmills, silos,
tank houses, shops, barns, coops and
other buildings which are a~cessory to
one (1) family or two (2) family
dwellings.
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Ordinance 1177
Page 56
8. Protest.
(a) At any time not later than the hour set
for hearing objections to 'the proposed
bridge facility or major improvement, any
person may file a protest against the
proposed bridge facility or major
thoroughfare or against the extent of the
area to be benefitted by the improvements
or against both of them. Such protests
must be in writing and must contain a
description of the property in which each
signer thereof is interested, sufficient
to identify such property, and, if the
signers are not shown on the last
equalized assessment roll as the owners
of such property, must contain or be
accompanied by written evidence that such
signers are the owners of such property.
All such protests shall be delivered to
the City Clerk and no other such protests
shall be considered. Any protest may be
withdrawn, in writing, by the owners
making such protests, at any time prior
to the conclusion of the public hearing.
(b) If there is a written protest filed with
the City Clerk by the owners of more than
one-half (1/2) of the area of the
property to be benefitted bY' the
improvement, and sufficient protests are
not withdrawn so as to reduce 'the area
represented to less than one-half (1/2)
of that to be benefitted, then the
proposed proceedings shall be abandoned
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.
Supplemental Improvement Capacity.
·
As a condition of approval of a tentative map,
· there may be imposed a requirement that
improvements installed by the subdivider for
the benefit of the subdivision contain
supplemental size, capacity, number or length
for the benefit of property not within the
subdivision and that those improvements be
dedicated to the public. However, when such
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Ordinance 1177
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supplemental size, capacity, number or length
is solely for the benefit of property not
within the Subdivision, the City shall,
subject to the provisions of Sections 66486
and 66487 of the Subdivision Map Act, enter
into an agreement with the subdivider to
reimburse the subdivider for that portion of
the.cost of such improvements equal to the
difference between the amount it would have
cost the subdivider to install such
improvements to serve the subdivision only and'
the actual cost of such improvements.
.
The City Council shall determine the method
for payment of the costs required by a
reimbursement agreement, which method may
include, but shall not be limited to, the
following:
(a) The collection from other persons,
including pUblic agencies, using such
improvements for the benefit of real
property not within the subdivision, of a
reasonable charge for such use.
(b) The contribution to the subdivider of
that part of that cost of the
improvement(s) that is attributable to
the benefit of real property outside.the
subdivision and the levy of a charge.upon
the real property benefitted to reimburse
the City for such costs, together with
interest thereon, if any, paid to the
subdivider.
(c) The establishment and maintenance of
local benefit districts for the levy and
collection of such charge or costs 'from
the property benefitted.
.
No charge, area of benefit or local benefit
district shall be established unless and until
a public hearing .is noticed and held thereon
by the City Council in accordance with the
provisions of GOvernment Code Section 65091
and the City Council finds that the charge,
area of benefit or local benefit district is
reasonably related to the cost of such
supplemental improvements and the actual
ultimate beneficiaries thereof.
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Ordinance 1177
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I ·
J·
.
In addition to the notice required by
Government Code Section 65091, written notice
of the hearing shall be ~given to those who own
property Within the proposed area of benefit
as shown on the last equalized assessment
roll, and the potential users of the
supplemental improvements insofar as they can
be ascertained at the time.
Drainage Fees [Reserved].
Solar Access Easements [Reserved].
Interim Classroom Facilities.
1. Authority, Purpose and Intent.
(a) This section is enacted pursuant, to the
authority of Section 65970 et seq. of the
Government Code for the purpose of
providing interim school facilities to
alleviate conditions of overcrowding
caused by new residential development.
(b) The City Council finds:
i .
Public education in the primary and
secondary grades is provided in the
City by the Irvine, Santa Ana, and
Tustin Unified School Districts.
ii. From time to time, new residential
development may cause overcrowding
in one (1) or more schools in the
School Districts.
iii. It is necessary that a method be
available to provide the School
Districts with interim classroom
facilities when conditions of
overcrowding exist, in order that
education not be adversely affected.
·
Action by School Districts. An affected
School District(s) may, from time to time,
adopt a declaration of impact and file the
same with the City Clerk for consideration by
the City Council.
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Ordinance 1177
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Action by City Council. Upon receipt of a
declaration of impact from one or more School
Districts and the schedule required by Section
65976 of the Government Code, the City Council
shall, if it concurs in the findings ~et forth
in the declaration of impact, withhold
approval of, or order the appropriate officer,
employee or commission within the City to
withhold approval of, new residential
development within the attendance area of the
impacted school or schools pending compliance
with Subsection (5)'below. ~
Mitiqation Measures.
(a) The City Council may require, as a
condition of approval of new development
within the attendance area of an impacted
school, either the dedication of land,
the payment of fees in lieu thereof, or a
combination of both, in accordance with
the provisions of Section 65974 of the
Government Code.
(b) The decision concerning whether to
require the dedication of land, payment
of fees of an appropriate combination
shall be determined after consultation
with the affected School District(s)
concerning the needs of the School
District(s) as they relate .to .the
impacted school or sChools.
(c) The amount of any fee shall be in
accordance with the provisions of Chapter
~4.9 (commencing with Section 65995) of
the Government Code, shall be prescribed
by resolution of the City Council, and
shall be collected at the time of
issuance Of a building permit.
Use of Fees and Land-Accounting.
(a) The School Districts shall use the land
and/or fees solely to alleviate the
conditions of overcrowding within the
affected attendance area.
(b) The School Districts shall annually
provide to the City Council the report
required by Section 65978 of the
Government Code.
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Ordinance 1177'
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L.
,
City's Riqht to Disapprove Development or
Require Other Fees. Nothing in this Section
shall be construed to limit the right of the
City to disapprove new residential.development
for any lawful reason, including, but not
limited to, the impact that such development
may have on a school or schools within the
School Districts which cannot be alleviated by
the provisions of this section.
Permanent Classroom Facilities.
The City may not require, as a condition of approval of
a tentative map for a residential subdivision, dedication
of land or payment of in-lieu fees or a combination of
both in order to providepermanent facilities for school
purposes. Nothing in this. Chapter is intended as a
limitation on the School Districts' authority to directly
levy a fee, charge., dedication or other form of
requirement against any development project, pursuant to
Section 53080 of the Government Code, in order to provide
temporary and permanent facilities for school purposes.
Mo
Reimbursement to a Telephone Corporation or Cable
Television System for Undergrounding or Relocation.
Whenever the City imposes as a condition to its approval
of a tentative map or a parcel map a requirement that
necessitates replacing, undergrounding, or permanently or
temporarily relocating existing facilities of a telephone
corporation or cable television system, the subdivider
shall reimburse the telephone corporation or cable
television system for all costs' for the replacement,
undergrounding, or relocation. All these costs shall be.
billed to the subdivider directly by the telephone
corporation or cable television system after they are
incurred, and shall include a credit for any required
advance payments and for the salvage value of any
facilities replaced. In no event shall the telephone
corporation or cable television system be reimbursed for
costs incurred in excess of the cost to replace the
facilities with substantially similar facilities. In no
event shall the City be obligated to pay such
reimbursement.
9332 Improvements
A. General.
The subdivider shall construct all required improvements,
both on and off-site, in accordance with the standard
engineering specifications and other approved standards
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Ordinance 1177
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as provided by this Chapter and by the City Council's
resolution or resolutions establishing such standards.
No final map shall be presented to the Council for
approval until the subdivider either completes the
required improvements, or enters into an agreement with
the City agreeing to do the work.
B ·
Required Improvements.
·
General - Ail improvements as may be required
as conditions of approval of the tentative map
or by City ordinance or resolution, together
with, but not limited to,. the required
improvements set forth below shall be required
of all subdivisions.
Requirements for construction of on-site and
off-site improvements for subdivisions of four
(4) or less parcels shall be noted in the
parcel map, or waiver of parcel map or the
subdivision improvement agreement recorded
prior to or concurrent with the parcel map.·
.
Completion of improvements shall be in
accordance with 9332.K (Completion of
Improvements).
Frontage Improvements - The frontage of each
lot shall be improved to its ultimate adopted
geometric section, including street structural
section, curbs, sidewalks, driveway approaches
and transitions.
.
.
Storm Drainage - Storm water runoff from the
subdivision shall be collected and conveyed by
an approved storm drain system. The storm
drain system shall be designed for ultimate
development of the watershed and shall be
capable of collecting and conveying runoff
generated by a 100 year flood. The storm
drain system shall provide for the protection
of abutting and off-site properties that would
be adversely affected by any increase in
runoff attributed to the development. Off-
site storm drain improvements may be required
to satisfy this requirement.
Sanitary Sewers - Each unit or lot within the
subdivision shall be served by an approved
sanitary sewer system in accordance with the
applicable provisions of this Code.
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Ordinance 1177
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5. Utilities - Each unit or lot within the
subdivision shall be served by gas, electric,
telephone and cableVision facilities.
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Underground utilities - The provisions of this
Subsection are in addition to, and not a
substitute for other underground provisions of
this Code.
(a) Ail existing and proposed utilities
within the subdivision and along
peripheral streets shall be placed
underground except those facilities
exempted by Public Utilities Commission
regulations. Undergrounding shall be
required for overhead lines on either
side of peripheral streets.
(b) The developer may request that the
undergrounding requirement along
peripheral streets be waived. The City
may, at its discretion, accept a fee in
lieu of the undergrounding. The amount
of the fee shall be determined by the
City Engineer and shall be based upon the
reasonable estimated cost of that portion
of a future undergrounding project
attributable to the subdivision. The
requirement for undergrounding or payment
of an in-lieu fee shall be a condition of
approval of the tentative map. ·
(c) Undergrounding requirements may be waived
or modified by the City Council only upon
finding:
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The subdivision is within .an area
where existing utilities have not
been undergrounded and that deferral
will be allowed since undergrounding
is impractical due to physical
constraints, or the surrounding
neighborhood .is absent of similar
improvements; and
ii. Overhead utilities will have no
significant visual impact.
(d) If the undergrounding requirements are
waived as allowed by findings (c) (i) and
(ii) above, the in-lieu fee as
established by the City Engineer shall be
made a condition of approval of the
tentative map.
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Ordinance 1177
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(e) In-lieu fees shall be deposited in a
special'undergrounding account to be used
as approved by the City Council for
future undergrounding of utilities
throughout the City.
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Fencing - Each parcel or lot within the
subdivision that is adjacent to property
containing a public facility shall have an
approved fence or wall adequate to prevent
unauthorized access between properties.
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Other Improvements - Other improvements
including, but not limited to, grading, street
lights, traffic signals, fire hydrants, signs,
street lines and markings, street trees and
shrubs, landscaping, monuments, bicycle
facilities and fences, or fees in lieu of any
of the foregoing, shall also be required as
determined by the City Engineer in accordance
with this Code, the General Plan and City
standards and specifications.
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Off-Site Improvements - If the subdivider is
required to construct off-site improvements on
land in which neither the subdivider nor the
City has sufficient title or interest to allow
construction, the City shall, within, one
hundred twenty (120) days of recording the
final map, acquire by negotiation or commence
condemnation of the land. If the City fails
to meet the one hundred twenty (120) day time
limit, the condition for the construction
shall be waived. Prior to approval of the
final map, the City may require the subdivider
to enter into an agreement to complete the
off-site improvements at the time the City
acquires title or an interest in the land.
The subdivider shall pay the cost of acquiring
off-site land or an interest in the land
required to construct the off-site
improvements.
Deferred Improvement Agreements.
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Subdivisions of Four (4) or Less Parcels - The
frontage improvements along peripheral streets
may be deferred when deemed necessary by the
City Engineer. When improvements are
deferred, the subdivider and/or owner of the
real property .shall enter into an agreement
with the City, in form acceptable to the City
Engineer and City Attorney, for the
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Ordinance 1177
Page 64
installation of all frontage improvements at a
time in the future specified by the City. The
agreement shall provide for the following:
(a) Construction of improvements shall
commence within ninety (90) days of the
receipt of the notice to proceed from the
City and shall be completed within the
time specified by Section 9310.10.
(b) That in the event of a default by the
subdivider and/or owner, the City is
authorized to cause construction to be
done and charge the entire cost and
expense to the subdivider and/or owner,
including interest from the date of
notice of said cost and expense until
paid.
(c) That the agreement shall be recorded with
the County Recorder at the expense of the
subdivider and/or owner and shall
constitute notice to all successors and
assigns of title to the real property of
the obligations set forth therein, and
shall also constitute a lien in such
amount necessary to fully reimburse the
City, including interest as provided
above, subject to foreclosure in the
event of a default in payment.
(d) That in event of litigation occasioned by
any default of the subdivider and/or
owner, the subdivider and/or owner agree
to pay all costs incurred by the City,
including reasonable attorney's fees, and
that the same shall become a part of the
lien against the real property.
(e) That the terms "subdivider" and "owner"
shall include, respectively, not only the
subdivider and the present owner of the
real property but also heirs, successors,
executors, administrators and assigns
thereof, it being the intent of the
parties that the obligations undertaken
shall run with the real property and
constitute a.lien against it.
(f) Any other improvement security as
required by Section 9310.08.
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Ordinance 1177
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(g) Any other provisions required by the City
as reasonably necessary to effectuate the
purposes and provisions of the
Subdivision Map Act and this Code.
The agreement shall not relieve the subdivider
or owner from any other specific requirements
of the Subdivision Map Act, this Code or law.
The construction of deferred improvements
shall conform to the provisions of this
Chapter and all applicable articles of this
Code in effect at the time of construction.
Remainders - Where a remainder is made part of
a final or parcel map, the subdivider may
enter into an agreement with the City to
construct improvements within the remainder at
some future date and prior to the issuance of
a permit or other grant of approval for the
development of a remainder. The improvements
shall be at the subdivider's expense. In the
absence of such an agreement, the City may .
require fulfillment of the construction
requirements within a reaSonable time
following approval of the final or parcel map
and prior to the issuance of a permit or other
grant of approval for the development of the
remainder, upon a finding that fulfillment of
the construction requirements is necessary for
reasons of:
(a) The public health and safety, or
(b) The required construction is a necessary
prerequisite to the orderly development
of the surrounding area.
Design.
General - The design and layout of all
required improvement.s, both on and off-site,
private and public, shall conform to generally
accepted engineering standards, standard
engineering specifications, and Subdivision
Map Act and applicable provisions of this
Code.
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Ordinance 1177
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Energy Conservation - The design of a
subdivision for which, a tentative map is
required shall provide, to the extent
feasible, for future passive or natural
heating or cooling opportunities in the
subdivision.
Examples of passive or natural heating
opportunities in subdivision design include
design of lot size and configuration to permit
orientation of a structure in an east-west
alignment for southern exposure and to permit
orientation of a structure to.take advantage
of shade or prevailing breezes.
In providing for future passive or natural
heating or cooling opportunities in the design
of a subdivision, consideration shall be given
to local climate, contour, configuration of
the parcel to be divided, and other design and
improvement requirements. The provision shall
not result in reducing allowable densities, or
the percentage of a lot. which may be occupied
by a building or structure under applicable
planning and zoning in force at the time the
tentative map is filed.
The requirements of this Subsection do not
apply to condominium projects which consist of
the subdivision of airspace in an existing
building and no new structures are added.
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For the purpose of this Subsection, "feasible"
means capable of being accomplished in a
successful manner within a reasonable period
of time, taking into account economic,
environmental, social and technological
factors.
Cable Television Service - The design of a
subdivision for which a tentative map~ or
parcel map is required shall provide one (1)
or more City franchised cable television
systems an opportunity to construct, install
and maintain, on land identified on the map as
dedicated or to be dedicated to public utility
use, any equipment necessary to extend cable
television services to each residential parcel
in the subdivision.
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Ordinance 1177
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This Subsection shall not apply to the
conversion of existing dwelling units to
condominiums, community apartments, or stock
cooperatives.
E. Access.
Ail lots or parcels created shall have direct access to
a public street improved to the standards set forth in
this article. Private streets shall not normally be
permitted. However, if the City Council determines that
the most logical development of the land requires that
lots be created with access to private streets, such a
development may be approved. The subdivider shall submit
a development plan showing the alignment, width, grade,
and material specifications of any proposed public or
private street, the topography and means of access to
each lot, and the drainage, sewer and water service and
fire protection for the lots served by such private
street(s). Private street(s) shall be constructed in
accordance with standard engineering specifications and
any other applicable plans and specifications of the City·
as approved by the Director of Community Development.
Construction of Private street(s) shall be completed
prior-to the completion of the construction and/or
occupancy of the lots. The subdivider shall be required
to provide a feasible method for the maintenance of such
private streets, which method shall be subject to the
prior approval of the Director of Community Development.
Reserved strips, or non-access at the end of streets or
at the boundaries of subdivisions, shall be dedicated
unconditionally to the City when required by the City.
G. Improvement Plans.
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General - Improvement plans shall be prepared
under the direction of and must be signed and
Sealed by a registered civil engineer licensed
by the State of California.
Improvement plans shall include, but shall not
be limited to, all improvements required
purSuant to Section 9310.02.
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Form - Plans, profiles and details shall be
legibly drawn, printed or reproduced on 24" x
36" reproducible 4 mil thick mylar. A border
shall be made on each sheet providing 1/2" at
top, bottom .and right side and 1-1/2" on the
left side.
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Ordinance 1177
Page 68
A City of Tustin Public Works Department
Engineering Division Title Block shall be
placed in the lower right corner of each
sheet.
Plans and profiles shall be drawn to the scale
of 1" = 20' unless approved otherwise by the
City Engineer. Details shall be drawn to such
scale that clearly shows the facility being
constructed. The scales for various portions
of the plans shall be shown on each sheet.
A vicinity map shall be shown on the first
sheet of all sets of plans.
A north arrow shall be shown on each sheet
when applicable.
Plans shall be laid out to orient north to the
top or right edge of the sheet unless approved
otherwise by the Public Works Director.
Ail lettering shall be 1/8" minimum.
If the plans include two (2) or more sheets, a
cover sheet showing the streets, lots,
easements, storm drains, index and vicinity
map shall be included.
In addition to normal full size plan
submittals, all final development plans,
including but not limited to, right-of-way
maps, records of survey, public and private
improvements, final grading and site plans,
shall be submitted to the Public Works
Department/Engineering Division in Computer
Aided Design and Drafting (CADD) format
consistent with the CADD conventions and
guidelines established by the Engineering
Division.
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The form of all plans shall conform to
additional requirements as may be established
by the City Engineer. The final form of all
plans shall be approved by the City Engineer.
Contents· - The improvement plans shall 'show
complete plans, profiles and details for all
required improvements to be constructed, both
public and private, including common areas.
Reference may be made to City of Tustin or
State standard Plans in lieu of duplicating
the drawings.
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Ordinance 1177
Page 69
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Supplementary Plans and Calculations -
Hydrology, hydraulic plans and calculations,
bond or other security estimates and any
structural calculations as. may be required,
shall be submitted with the improvemen~ plans
to the City Engineer. All calculations shall
be legible, systematic and signed, sealed and
dated by .a registered civil engineer licensed
by the State of California and in a form
approved by the City Engineer.
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Review by the City Engineer - The subdivider
shall submit the improvement plans and all
computations to the City Engineer for review.
Upon completion of the review, one (1) set of
the preliminary plans, with any required
revisions indicated, will be returned to the
subdivider.
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Approval by the City Engineer - After
completing any required revisions, the
subdivider shall transmit the originals of the
improvement plans to the City Engineer for
signature.
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Upon finding that any required revisions have
been made and that the plans conform to all
applicable City ordinances and plans, design
requirements and conditions of approval of the
tentative map, the City Engineer shall sign
and date the plans. The subdivider or
engineering representative may request
duplicate mylars of signed originals for
· subdivider use.
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Approval of the improvement plans shall not be
construed as approval of the gas, electric,
telephone and cable television service
construction plans.
Approval by the City Engineer shall in no way
relieve the subdivider or the subdivider's
engineer from responsibility for the design of
the improvements and for any deficiencies
resulting from the design or from any required
conditions of approval of the tentative map.
Revision to Approved Plans
(a) Requests by the subdivider for revisions
to the approved plans appearing necessary
or desirable during construction shall be
submitted in writing to the City Engineer
or the City Engineer's authorized
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Ordinance 1177
Page 70
representative and shall be accompanied
by revised drawings showing the proposed
revision. If the revision is acceptable
to the city Engineer and consistent with
the tentative map, the subdivider shall
revise the plans in the Engineering
Division office. Construction of any
proposed revision will not be permitted
to commence until revised plans have been
received and approved by the City
Engineer.
(b) When revisions are deemed necessary by
the City Engineer to protect the public
health and safety, or as field conditions
may require, a request in writing shall
be made to the subdivider. The
subdivider shall revise the plans in the
Engineering Division office within the
time specified by the City Engineer.
The subdivider may appeal revisions
required by the City Engineer to the City
Council by filing an appeal in writing
with the City Engineer within fifteen
(15) days following receipt of the
request to revise the plans.
(c) Costs incurred by the City for checking
of plans or calculations or inspection as
a result of revisions to the approved
plans shall be borne by the subdivider at
actual cost. A deposit, when required,
shall be submitted with the revised plans
and applied toward the actual costs.
G. Improvement and Subdivision Monumentation
Agreement.
The Improvement and Subdivision Monumentation agreements
shall be prepared by the City Engineer and approved as to
form by the City Attorney. The agreements shall provide
for:
1. Construction of all improvements required
pursuant to Section 9310.02, including any
required off-site improvements, according to
the approved plans and specifications on file
with the City Engineer.
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Completion of improvements within the time
specified by Section 9310.10.
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Ordinance 1177
Page 71
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Right of the City to modify plans and
specifications and to require the subdivider
to pay for modi'fications.
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Warranty by the subdivider that construction
will not adversely affect any portion of
adjacent properties.
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Payment of inspection fees in accordance with
the City's resolution.
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Payment of in-lieu fees for undergrounding of
utilities of peripheral streets.
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Payment of planned drainage facility fees.
Improvement security as required by Section
9310.08.
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Maintenance and repair of any defects or
failures and their causes.
10. Release and indemnification of the City from
all liability incurred in connection with the
development and payment ~of all reasonable
attorneys' fees that the City may incur
because of any leqal action or .other
proceeding arising fr~m the development.
11. .Any other deposits, reimbursements, fees or
conditions as required by City ordinance or
resolution and as may be required by the City
Engineer.
12. Any other provisions required by the City as
reasonably necessary to effectuate the
purposes~and provisions of the Subdivision Map
Act and this Code.
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13. Monumentation of the subdivision.
Improvement Security.
AnY improvement agreement, contract or act
required or authorized by the Subdivision Map
Act or this Chapter, for which security is
required, shall be secured in accordance with
Section 66499 et ~eq. of the Subdivision Map
Act and as provided below.
No final map or parcel map shall be signed 'by
the City Engineer or recorded until all
improvement securities required by this
section have been received and approved.
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Ordinance 1177
Page 72
2. The form of security shall be one or the
combination of the following at the option and
subject to the approval of the City:
(a) Bond or bonds by one or more duly
authorized corPorate sureties. Duly
authorized corporated sureties must be
admitted sureities. The form of the bond
or bonds shall be in accordance with
Sections 66499.1, 66499.2, 66499.3 and
66499.4 of the Subdivision Map Act.
(b) A deposit, either with the City or a
responsible escrow agent or trust
company, at the option of the City, of
money or negotiable bonds of the kind
approved for securing deposits of public
monies.
(c) Any other form of security as provided in
Section 66499 of the Subdivision Map Act.
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Amount of Security - A performance bond or
other security in the amount of one hundred
(100%) of the total estimated construction
cost to guarantee the construction or
installation of all improvements shall be
required of all subdivisions. An additional
amount of fifty percent (50%) of the estimated
construction cost shall be required to
guarantee payment to subdivider's contractor,
subcontractors, and to persons furnishing
labor, materials or equipment for the
construction or-installation of improvements.
As a part of the obligation guaranteed by the
security and in addition to the full amount of
the security, there shall be included costs
and reasonable expenses and fees, including
attorneys' fees, incurred by the City in
enforcing the obligations secured.
The estimate of improvements costs shall be as
approved by the City Engineer and shall
provide for:
(a) Not less than five percent (5%) nor more
than ten percent (10%) of the total
construction cost for contingencies.
(b) Increase for projected inflation computed
to the estimated midpoint- of
construction.
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Ordinance 1177
Page 73
(c) Ail utility installation costs or a
certification acceptable to the City
Engineer from the utility company that
adequate security has been deposited to
ensure installation.
Monumentation Bond - A performance bond or
other security in the amount of one hundred
percent (100%) of the total estimated cost to
guarantee the installation of the subdivision
monumentation as determined by the registered
civil engineer or surveyor responsible for
setting the monuments.
5. Warranty Security - Upon acceptance of the
subdivision improvements by the City, the
subdivider shall provide security in the
amount as required by the City Engineer to
guarantee the improvements against any
defective work or labor done or defective
materials used in the performance of the
improvements throughout the warranty period
which shall be the period of one (1) year
following acceptance of the improvements. The
amount of the warranty security shall not be
less than ten percent (10%) of the cost of the
construction of the improvements, including
the cash bond which shall be retained for the
one (1) year warranty period.
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Reduction in Performance Security - The City
Engineer may authorize in writing the release
of a portion of the security in conjunction
with the acceptance of the satisfactory
completion of a part of the improvements as
the work progresses upon application by the
subdivider, but in no case shall the security
be reduced to less than ten percent (10%) of
the total improvement security given for
faithful performance. The amount of reduction
of the security shall be determined by the
City Engineer; however, in no event shall the
City engineer authorize a release of the
improvement security which would reduce
security to an amount below that required to
guarantee the completion of the improvements
and any other obligation imposed by the
Subdivision Map Act, this Code or the
improvement agreement.
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Ordinance 1177
Page 74
7. Release of Improvement Security
(a) The performance security shall be
released only upon acceptance of the
improvements by the City and when an
approved warranty security has been filed
with the City Engineer. If a warranty
security is not submitted, performance
security shall be released twelve (12)
months after acceptance of improvements
and correction of all warranty
deficiencies.
(b) Security given to secure payment to the
contractor, subcontractors and to persons
furnishing labor, materials or equipment
may, six (6) months after the completion
and acceptance of the improvements by the
City, be reduced to an amount equal to
125 percent of the amount of all claims
therefor filed with the City. The
balance of the security shall be released
upon the settlement of all claims and
obligations for which the security was
given.
(c) The warranty security shall be released
upon satisfactory completion of the
warranty period, provided:
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Ail deficiencies appearing on the
warranty deficiency list' for the
subdivision have been corrected.
ii. Not less than twelve (12) months
have elapsed since the acceptance of
the improvements by the City.
j. Construction and Inspection.
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The construction methods and materials for all
improvements shall conform to the standard engineering
specifications and all other standard plans and
specifications of the City.
Construction shall not commence until all required
improvement plans have been approved. All improvements
are subject to inspection in accordance with the City's
approved specifications.
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Ordinance 1177
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Completion of Improvements.
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Subdivisions of Five (5) or More Parcels - The
improvements for subdivisions of five (5) or
more parcels shall be completed by the
subdivider within twelve (12) months, or such
later time as approved by the City Engineer,
not to exceed thirty-six (36) months, from the
recording of the final map, unless an
extension is granted by the City Council.
Should the subdivider fail to complete the
improvements within the specified time, the
City may, by resolution of the City Council
and at its option, cause any or all
uncompleted improvements to be completed and
the parties executing the security or
securities shall be firmly bound for the
payment of.all necessary costs.
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Subdivision of Four (4) or Less Parcels - The
completion of improvements for subdivisions of
four (4) or less parcels shall not be required
until a permit or other grant of approval for
the development of any parcel within the
subdivision is applied for. The completion of
the improvements may be required by a
Specified date by the City when the completion
of the improvements are found to be necessary
for the public health or safety or for' the
orderly development of the surrounding area.
This finding shall be made by the City
Engineer or authorized representative. The
specified date, when required, shall be stated
in the subdivision improvement agreement.
Improvements shall be completed prior to final
building inspection or occupancy of any unit
within the subdivision.
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ExtenSions - The completion date may be
extended by the City Council upon written
request by the subdivider and the submittal of
adequate evidence to justify the extension.
The request shall be made not less than thirty
(30) days prior to expiration of the
subdivision improvement agreement.
The subdivider shall enter into a subdivision
improvement agreement extension with the City.
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Ordinance 1177
Page 76
In consideration of a subdivision improvement
agreement extension, the following may be
required:
(a) Revision of improvement plans to provide
for current design and construction
standards when required by the City
Engineer;
(b) Revised improvement construction
estimates to reflect current improvement
costs as approved by the City Engineer;
(c) Increase of improvement securities in
accordance with revised construction
estimates;
(d) Inspection fees may be increased to
reflect current construction costs but
shall not be subject to any decrease or
refund.
The City Council may impose additional
requirements as recommended by the City
Engineer or as it may deem necessary as a
condition to approving any time extension for
the completion of improvements.
The costs incurred by the City in processing
the agreement shall be paid by the subdivider
at actual cost plus twenty-five percent (25%)
of such cost for overhead expenses.
As-Built Plans - Revisions for as built
drawings are to be made in the Engineering
Division offices. The subdivider or
engineering' representative may request
duplicate mylars for the subdividers use..
Acceptance of Improvements.
1. With respect to all subdivisions, when all
improvement deficiencies have been corrected
and as-built improvement plans submitted, the
completed subdivision improvements shall be
considered by the City Engineer for
acceptance.
Acceptance of the improvements shall imply
only that the improvements have been completed
satisfactorily and that public improvements
have been accepted for public use.
Ordinance 1177
Page 77
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Acceptance -If the subdivision improvements
have been accepted by the City Engineer and
public improvements have been dedicated on the
final map or parcel map, the City Clerk shall
file an Acceptance of Public Improvements with
the County Recorder.
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Acceptance of a Portion of the Improvements -
When requested by the subdivider in writing,
the City Engineer may consider acceptance of a
portion of the improvements. Such
improvements will be accepted by the City
Engineer only if the City Engineer finds that
it is in the public interest to do so and such
improvements are for the use of the general
public.
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Acceptance of a portion of the improvements
shall not relieve the subdivider from any
other requirements imposed by this article.
9333 Enforcement
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A. Prohibition
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No person shall sell, le~se, or finance any
parcel or parCels of real property or commence
construction of any building for sale, lease
or financing thereon, except for model homes,
or allow occupancy thereof, for which a final
or parcel map is required by the Subdivision
Map Act or the Subdivision Code, until such a
map, in full compliance with the provisions of
the Subdivision Map Act and the Subdivision
Code, has been filed with the County Recorder.
Conveyances of any part of a division of real
property for which a final or parcel map is
required by the Subdivision Map Act or the
Subdivision Code shall not be made by parcel
or block number, letter or other designation,
unless and until such map has been filed with
the County Recorder.
This section does not apply to any parcel or
parcels of a subdivision offered for sale or
lease, contracted for sale or lease, or sold
or leased in compliance with or exempt from
any law, including the Subdivision Code,
regulating the design and improvement of
subdivisions in effect at the time the
subdivision was established.
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Ordinance 1177
Page 78
Nothing contained in subsection (a) shall be
deemed to prohibit an offer or contract to
sell, lease or finance real property or to
construct improvements thereon where such
sale, lease or financing, or the commencement
of such constructioh, is expressly conditioned
upon the approval and filing of a final map Or
parcel map, as required under the Subdivision
Map Act or the Subdivision Code.
B. Remedies
o
Any deed of conveyance, sale or contract to
sell real property which has been divided, or
which has resulted from a division, in
violation of the prOvisions of the Subdivision
Map Act or the Subdivision Code is voidable at
the sole option of the grantee, buyer or
person contracting to purchase, any heirs,
personal representative, or trustee in
insolvency or bankruptcy thereof for a period
of one (1) year after the date of discovery of
such violation. The deed of conveyance, sale
or contract to sell is binding upon any
successor in interest of the grantee, buyer or
person contracting to purchase, other than
those above enumerated, and upon the grantor,
vendor or-person contracting to ~sell, or his
or her assignee, heir or devisee.
,
Any grantee, or successor in interest thereof,
of real property which has been divided, or
which has resulted from a diviSion, in
violation of the provisions of the Subdivision
Code or the Subdivision Map Act may, within
one (1) year of the date of discovery of such
violation, bring an action in the superior
court to recover any damages suffered by
reason of such division of property. The
action may be brought against the person who
divided the property in violation of .the
provisions of the Subdivision Map Act or the
Subdivision code and.against any successors in
interest who have .actual or constructive
knowledge of such division of property.
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The provisions of this section shall not apply
to the conveyance of any parcel of real
property identified in a certificate of
compliance filed pursuant to Section 66499.35
of the Subdivision Map Act or identified in a
recorded final map or parcel map, from and
after the date of recording.
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Ordinance 1177
Page 79
The provisions of this section shall not limit
or affect in any way the rights of a grantee
or successor in. interest under any other
provision of law.
This section does not bar any legal, equitable
or summary remedy to which the City or other
public agency, or any person, firm or
corporation may otherwise be entitled, and the
City or other public agency, or such person,
firm or corporation may file a suit in the
superior court to restrain or enjoin any
attempted or proposed subdivision or sale,
lease, or financing in violation of the
Subdivision Map Act or the Subdivision Code.
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The City shall not issue a permit or grant any
approval necessary to develop any real
property which has been divided, or which has
resulted from a division, in violation of the
provisions of the Subdivision Map Act or the
Subdivision Code if it finds that development
of such real property is contrary to the
public health or the public safety. The
authority to .deny such a permit or approval
shall apply whether the applicant therefor was
the Owner of record at the time of such
violation or whether the applicant therefor is
either the current owner of record or a vendee
thereof' with, or without, actual or
constructive knowledge of the violation at the
time of the acquisition of an interest in such
real property.
If the City issues a permit or grants approval
for the development of any real property and
subsequently determines that the real property
was not legally subdivided, the City may
reconsider the permit or approval for the
development and may impose those additional
conditions which would have been applicable to
the division of the property at the time the
current owner of record acquired the property.
If the property has the same owner of record
as at the time of the initial violation, the
City may impose conditions applicable to a
current divi'sion of the property. If a
conditional certificate of compliance has been
filed for record, only those conditions
stipulated in that certificate shall be
applicable.
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Ordinance 1177
Page 80
C ·
Certificate of Compliance
Any person owning real property or a vendee of
such person pursuant to a contract of sale of
such real property may request the Director to
determine whether the real property complies
with the provisions of the Subdivision Map Act
and the Subdivision Code.
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If it is determined that the real property
complies with the provisions of the
Subdivision Map Act and the Subdivision Code,
the Director shall file a Certificate of
Compliance with the County Recorder. The
Certificate of Compliance shall identify the
real property and shall state that the
division thereof complies with the provisions
of the Subdivision Map Act and the Subdivision
Code.
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If it is determined that the real property
does not comply with the provisions of the
Subdivision Map Act or the Subdivision Code,
the Director may, as a condition to granting a
Certificate of Compliance, impose conditions
in accordance with Section 9323.E (Conditions
of Approval). Upon the Director making such a
determination and establishing such
conditions, the Director shall file a
Conditional Certificate of Compliance with the
County Recorder. Such certificate shall serve
as notice to the property owner or vendee who
has applied for the certificate, a grantee of
the property owner, or any subsequent
transferee or assignee of the property, that
the fulfillment and implementation of such
conditions shall be required prior to
subsequent issuance of a permit or other grant
of approval for development of the property.
A recorded final map or parcel map shall
constitute a Certificate of Compliance with
respect to the parcels of real property
described therein.
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Subject to the provisions of Section
66499.35(e) of the Subdivision Map Act, an
official map prepared pursuant to' Section
66499.52(b) of the Subdivision Map Act shall
constitute a Certificate of Compliance with
respect to the parcels of real property
described therein.
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Ordinance 1177
Page 81
D. Notice of Violation
If the City of Tustin has knowledge that real property
has been divided in violation of the provisions of the
Subdivision Map Act or the Subdivision Code, a Notice of
Intention to Record a Notice of Violation shall be
prepared by the Director and delivered to the current
owner of record by certified mail. The notice shall
describe the property in detail, name the owners,
describe the violation and state that the owner will be
given the opportunity to present evidence. The notice
shall also contain an explanation as to why the subject
parcel is not lawful under Section 66412.6(a) or (b) of
the Subdivision Map Act. The notice shall specify the
date, time and place for a meeting at which the owner may
present evidence to the Commission why a notice of
violation should not be recorded.
The meeting shall be held no sooner than thirty (30) days
and no later than sixty (60) days from the date of
mailing of the Notice of Intention to Record a Notice of
Violation. If, within fifteen (15) days of receipt of
the notice, the owner fails to file with the Community
Development Department a written objection to recording
the Notice of Violation, a Notice of Violation shall be
filed with the County Recorder by the Director. If after
the owner has presented evidence and the Planning
Commission determines that there has been no violation,
and after a ten (10) day appeal period has elapsed, a
clearance letter shall be delivered to the then current
owner of record by certified mail, unless an appeal is
filed in compliance with 9333.E (Appeal to Council). If
after the owner has presented evidence and the Planning
Commission determines that the property has in fact been
illegally divided, and after a ten (10) day appeal period
has elapsed, a Notice of Violation shall be filed with
the County Recorder by the Director, unless an appeal is
filed in compliance with 9333.E (Appeal to Council).
The notice of violation, when recorded, shall be deemed
to be constructive notice of the violation to all
successors in interest in such property.
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Ordinance 1177
Page 82
E. Appeal to Council
The owner, or other interested party may appeal the
determination of the Commission to the Council by filing
a written notice and paying applicable fees, as
established by resolution, to the Community Development
Department within ten (10) days of the Commission
determination. The Council shall hear the appeal within
sixty (60) days from the date of appeal. If the Council
makes a determination that the property has in fact been
illegally divided, a Notice of Violation shall be filed
with the County Recorder by the Director within thirty
(30) days of the conclusion of the hearing.
If the Council determines that the property has not been
illegally divided, a clearance letter shall be delivered
to the owner by certified mail within thirty (30) days of
the conclusion of the hearing.
F. Violation as a Misdemeanor
In addition to the remedies and procedures provided in
the Subdivision Map Act, the Subdivision Code, or any
other state or local statue or regulation, any person
violating any Of the provisions or failing to comply with
any of the regulatory requirements of Subdivision Map Act
and the Subdivision .Code shall be guilty of a
misdemeanor.
Indemnification/Action Against Map Approvals
In accordance with the provisions of Government Code
Section 66474.9(b), the subdivider shall defend,
indemnify and hold harmless City, its officers, employees
and agents from any claim, action, or proceeding to
attack or set aside the map approval.
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Ordinance 1177
Page 83
PART IV
DEFINITIONS
9341 Definitions.
Words and phrases used in this Chapter are as defined in
the Subdivision Map Act and Chapter 2 (Zoning) of Article
9 of this Code unless set forth below. If any word or
phrase is not defined, the dictionary definition shall
prevail.
"Acreage" shall mean any parcel of land which is not
a lot, as defined in this Chapter, and those areas where
a legal subdivision has not been made previously, or
where a legal subdivision has declared such parcel as
acreage.
"Advisory Agency" shall mean and refer to the
Planning Commission of the City of Tustin.
"Appeal Board" shall mean and refer .to the City
Council of the City of Tustin.
"Block". shall mean the area of land within a
subdivision, which area is entirely bounded by streets,
highways or ways, except alleys, or the exterior boundary
or boundaries of the subdivision.
"Business and Professions Code" shall mean the
Business and Professions Code of the State of California.
"City Clerk" shall mean and refer to the City Clerk
of the City of Tustin unless otherwise specified.
"City Enqineer" shall mean the City Engineer of the
City of Tustin unless otherwise specified.
"COmmunity Apartment project" shall have the same
meaning as provided in Section 1351 of the Civil Code.
"Condominium" shall have the same meaning as
provided in Section 1350 of the Civil Code.
"Council" shall mean and refer to the City Council
of the City of Tustin as established by City OrdinanCe,
which shall have the duty of hearing and making
determinations upon appeals with respect to divisions of
real property, the imposition of requirements or
conditions thereon, of the kind, nature and extent of the
design or improvements, or both, decided by the Planning
Commission to be required.
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Ordinance 1177
Page 84
"County" shall mean the County of Orange.
"County Recorder" shall mean the County Recorder of
the County of Orange.
"County Surveyor" shall mean the County Surveyor of
the County of Orange.
"Conversion" shall mean the creation of separate
ownership of existing real property together with a
separate interest in the space within residential,
industrial or commercial buildings.
"Day" shall mean a calendar day unless otherwise
specified.
"Declaration of ImDact" shall mean a statement
adopted by a School Board, and forwarded to the Advisory
Agency, declaring the existence of an impacted school or
schools, in accordance with the findings and other
requirements of Section 65971 of the Government Code.
The declaration of impact may include the schedule
required by Section 65976 of the Government Code.
'"Department" shall mean the Community Development
Department of the City of Tustin unless otherwise
specified.
"Director" shall mean the Director of the Community
Development Department unless otherwise specified.
"Easement" shall mean a nonpossessory right,
interest or privilege that the City, other public entity
· or private party has in another's land.
"Environmental Impact Report (EIR)" shall mean a
detailed statement prepared pursuant to the provisions of
the California Environmental Quality Act (CEQA), State
Public Resources Code Sections 21000 et seq., and State
and City CEQA Guidelines promulgated pursuant thereto,
describing and' analyzing the significant environmental
effects of a project and discussing ways to mitigate or
avoid the effects.
"Fair Market Value" shall mean the value of property.
as determined by the Advisory Agency based upon appraisal
by an MAI appraiser acceptable to the City and at the
expense of the developer. The determination of "Fair
Market Value" shall consider the value of a buildable
acre of land at the time of development. All costs of
appraisal shall be paid by the developer prior to the
recordation of any final map or the issuance of any
building permit.
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Ordinance 1177
Page 85
"Final Map" shall mean a map showing a Subdivision
of five (5) or more parcels for which a tentative and
final map are required by the Subdivision Map Act and
this Chapter, prepared in accordance with the provisions
of the Subdivision Map Act and this Chapter and designed
to be filed for recordation in the Office of the County
Recorder.
.
"General Plan" shall mean the General Plan of the
City of Tustin.
"Government Code" shall mean the Government Code of
the State of California.
"Improvement" shall mean streets, sidewalks, storm
drainage facilities, water and sewer facilities,
utilities, landscaping to be installed, or agreed to be
installed, by the subdivider on the land to be used for
public or private streets, highways, ways and easements,
as are necessary for the general use of the lot owners in
the subdivision and local neighborhood traffic and
acceptance of the final map thereof. "Improvement" shall
also mean other specific improvements or types of
improvements, 'the installation of which, either by or by
a combination of, the subdivider, public agencies,
private utilities, or any other entity approved by the
City, is necessary to ensure consistency with, or
implementation of, the General Plan, or any applicable
specific plan. Improvements shall be constructed in
accordanCe with standard engineering specifications,
where applicable.
"Legislative Body" shall mean and refer to the City
Council of the City of Tustin.
"Lot" shall mean a unit or portion of land separate
from other units or portions by description, as on a
final map or parcel map, or by such other map approved by
the County or by the City under the provisions of the
Subdivision Map Act and of City ordinances in effect at
the time of such approval, for the purposes of' sale,
lease, or financing.
"Lot Line Adjustment" shall mean a minor shift or
rotation of an existing lot line or' other adjustment
where a greater or fewer number of parcels than
originally existed is not created.
"Merger" shall mean the joining of two (2) or more
contiguous parcels 'of land under one ownership into one
(1) parcel.
"Parcel" See "Lot" .
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Ordinance 1177
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"Parcel Map" shall mean a map showing a subdivision
of four (4) or less parcels as required by the
Subdivision Map Act and this Chapter, prepared in
accordance with the provisions of the Subdivision Map Act
and this Chapter and designed to be filed for recordation
in the Office of the County Recorder.
"Park" shall mean a parcel, or contiguous parcels of
land which is owned, operated, and maintained by a public
agency or private association and which provides
recreational land and facilities for the benefit and
enjoyment of the residents and visitors of the City. The
City. of Tustin designates parks in the following
classifications:
"Park - Community" shall mean those parks that serve
a minimum population of ten thousand (!0,000) and are
generally eight (8) acres in size, or more, excluding
greenbelts and school grounds. Typical facilities
include community centers, athletic facilities, large
multi-use swimming pools, picnic areas or cultural
centers. "Community parks" are owned and maintained by
the City and serve residents of the entire City.
"Park - Neiqhborhood Private" shall mean those parks
that serve the immediate subdivision or development or
specific neighborhood in which they are located and are
a minimum of one (1) acre in size. Typical facilities
include passive and active play areas, swimming pools,
spas, tennis courts and club houses. "Private
neighborhood parks" are owned and maintained by a
homeowner's association.
"Park - Neiqhborhood Public" shall.mean those parks
that, serve a minimum population of two thousand five
hundred (2,5'00) and are a minimum of three (3) acres in
size, excluding greenbelts and school grounds.. Typical
facilities include active and passive open .space,
playground equipment, sports fields and picnic areas.
"Public neighborhood parks'' are owned and maintained by
the City and serve residents of the entire City.
"Park Improvements - Extraordinary" shall mean park
and recreation improvements over and above'those minimum
imprOvements described in Subsection (z) above and may
include, but not be limited to, playground equipment,
picnic facilities, community centers, sports fields,
swimming pools, and tennis courts.
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Ordinance 1177
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"Park Improvements - Minimum" shall mean any public
improvement as deemed necessary by the City to develop
land for park and recreation facilities, and may include,
but not be limited to, grading, automatic irrigation
systems, adequate drainage, lawn shrubs, trees, concrete
walkways and walkway lighting.
"Person" shall mean any individual, firm,
partnership, joint venture, association, club, social
club, fraternal organization, corporation, estate, trust,
business trust, receiver, syndicate, the County, this and
any other City or county, municipality, district, or
other political subdivision, or any· other group or
combination acting as a unit.
"Planninq Commission" shall mean and refer to the
Planning Commission of the City of Tustin as established
by City Ordinance.
"Remainder" shall mean that portion of an existing
parcel which is not designated on the required map as
part of the subdivision. The remainder shall not be
considered as part of the subdivision but shall be shown
on the required map as part of the area surrounding the
subdivision. A remainder of five (5) acres or more need
not be shown on the map and its location need not be
indicated as a matter of survey, but only by deed
reference to the existing ~oundaries of the remainder.
"Riqht-of-Way" shall mean a specifically defined
area or strip of land, either public or private, on which
an irrevocable right of passage or use has been recorded.
"Standard Enqineering Specifications" shall mean
those standard subdivision public improvement plans and
specifications as prepared and/or approved by the City
Engineer and those standard subdivision private
improvement plans and specifications as prepared and/or
approved by the Director of Community Development.
"Stock CooDerative" shall be defined as provided in
Section 1351 of the Civil Code.
'"Street - Collector" shall mean a street,
intermediate in importance between a local street and
either a major or secondary thoroughfare, which has the
purpose of collecting local traffic and carrying it to a
thoroughfare.
"Street - Peripheral" shall mean an existing street
whose right-of-way is contiguous to the exterior boundary
of a subdivision.
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Ordinance 1177
Page 88
"Street - Private" shall mean any street, access
way, or the like, lying in whole or in part within a
subdivision for which dedication and ownership is
privately held and is utilized as access to a
development. Private streets'shall be constructed in
accordance with standard engineering specifications.
"Street - Public" shall mean any duly dedicated
street, avenue, or the like which the City has accepted
and regularly maintains, or which the County duly
accepted and regularly maintained prior to the
incorporation o'f the City, or upon which public funds
have been expended for improvements or rights-of-way used
by the public generally.
"Subdivider" shall be as defined in the Subdivision
map Act.
"Subdivision" shall be as defined in the Subdivision
Map Act.
"Subdivision Map Act" shall mean the SubdiviSion Map
Act of the State of California as provided in Government
Code Sections 66410 et seq., inclusive.
III. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any
reason held out to be invalid or unconstitutional
by the decision of any court of competent
jurisdiction, such decision shall not affect the
validity of the remaining portions of this
ordinance. The City Council of the City of tustin
hereby declares that it would have adopted this
ordinance and each section, subsection, sentence,
clause, phrase or portion thereof irrespective of
the fact that any one or more sections,
subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
PASSED AND ADOPTED by the City Council of the City of
Tustin at a regular meeting held on the 3rd of February
1997.
TRACY WILLS WORLEY
Mayor
PAMELA STOKER
City Clerk