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02 CODE AMEND 96-004 02-03-97
DATE' FEBRUARY 3, 1997 inter-Com NO. 2 2-3-97 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJEC~ CODE AMENDMENT 96-004, COMPREHENSIVE AMENDMENTS TO THE CITY'S SUBDIVISION CODE (ORDINANCE 1177) SUMMARY: This item was continued from the January.~ 20, 1997 City Council meeting to allow staff additional time to respond to council, concerns. Code Amendment 96-004 (OrdinanCe No. 1177) is a comprehenSive i' a~'dment ~to .the City's Subdivision-'Code (TCC 9310 EL Seq.), to implement the Subdivision .Map.Act of the state of CalifOrnia, The propOSed amendments w°Uldde~ne the!i:subdivi~ion proCess. On January 13, 1997, the Planning Commission.'.recommended that the"Ci~~ council approve CA 96-004.' Applicant: City of .Tustit~ Area of Applicability~' Citywid~ . .' ..- RECOM~ENDATION That the City Council: . Adopt Resolution No. 97-04 approving the Environmental Determination for the project; and, o Introduce and have first reading of Ordinance No. 1177 and set for second reading at the Council's February 18, 1997 meeting. FISCAL IMPACT There are no fiscal impacts associated with the proposed amendments. BACKGROUND & 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 subdivision Ordinance are as follows: City Council Rep CA 96-004 - Ordinance 1177 February 3, 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 subdivisions 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's 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. Council Concerns Prior to the January 20, 1997 City Council meeting, staff received Council input regarding a concern that the proposed amendments giving approval authority of tentative tract and tentative parcel maps to the Planning Commission may adversely affect the public participation process. A redlined version of the existing subdivision ordinance was also requested. With respect to the first concern, Ordinance No. 1177 has been revised and the Planning Commission will remain a recommending body to the City Council on tentative parcel and tentative tract map applications. The changes to the Ordinance have been highlighted ' .le ~, ~_' a : P~ CHAPTER 3 o t SUBDIVISIONS CHAPTER INDEX PART 1 GENERAL 9310 9311 9312 9313 9314 9315 ADOPTION OF THE SUBDIVISION MAP ACT (66410 et seq.) DEFINITIONS POWERS AND DUTIES OF THE PLAN-N~G AGENCY POWERS AND DUTIES OF THE CiTY COUNCIL EXCEPTIONS (66412) APPEALS (66452.5d) PART 7 PART 8 PART 9 PART 10 PART 11 DEDICATIONS, RESERVATIONS, AND IMPROVEMENTS 9370 DEDICATIONS 9371 RESERVATIONS (66479) 9372 IMPROVEMENTS SOILS REPORT 9380 SOILS REPORT REQUIRED 9381 WAIVER OF REQUIREMENT 9382 ADDITIONAL REQ~MENTS BONI)~G AND I1VIPROVEMENT SECURITY 9390 BONDING AND SECURITY REQUIREMENTS 9391 RELEASE OF .IMPRO%rEI~[ENT SECURITY REVERSION TO ACREAGE 9392 REVERSION TO ACREAGE BY FINAL MAP 9393 REVERSION TO ACREAGE BY PARCEL MAP 9394 FEES FOR. REVERSION TO ACREAGE CERTIFICATE OF COMPLLMNCE 9395 CERTIFICA~ OF COlViPLIANCE ~ sUBDiviSiON ORDINANCE 9396 CONDITIONAL CERTIFICATE OF COMPLIANCE .( .( REV: 6-86 LU-3~2 9310 ,.. ?'..-'. ?TER 3 SUBDZVIS £ONS EDITOR'S NOTE: Ord. Nc. 847, .adopted June 1, 1981, amended Ch. 3 of Art. 9 to read as herein set out. Pursuant to instructions from the City, Ord. No. 841, Secs. 1--10, adopted March 2, 1981, has been included as Subsection 9370(d). -Prior to amendment, Ch. 3 per- rained to similar subject matter, consisted of Sections 9310--9318, 9320 ~9326, 9330, 9331, 9340-- 9343, 9350--9356, 9360--9363, 9370--9376, 9380, 9381, 9390--9399, and was derived from Ord. No. 589, Sec..l; Ord. No. 651; and Ord. No. 773, Secs. 1--25; Ord. No. 790, Secs. 5--7; adopted Feb. 20, 1979; and Ord. No. 814, adopted Nov. 19, 1979 PART 1 ~NERAL 9310 ADOPTION OF THE SUBOIVISION MAP ACT (66410 at seq.') For the purpose of prescribing regulatio~ for the improvement, design, and con- trol of the division of land within the boundaries of the City of Tustin the Subdivision Map ACt commencing a't"se'c-_ion 66410 of the Government Code oJ the State of California is hereby adopted by this reference and incorporated hereir. toge=her with all' amendments to the Subdivision Map Act (hereinafter referred' ,.'.o as the 'Act') which may from time to' ~ime be adopted as-though fully set forth herein together with the amendments and provisions hereinafte~ set forth. . No. 847, 6-1-81) (Ord 9311 DEFINITIONS · ,, In addition to the definitions set out at Division 2, Chapter 1, Article 2 of the Act commeBcing at Section 66414, the following definitions shall be applic- able to this Chapter: '"Advis6ry Agency." The Planning C. ommission and/or Planning Agency as estab- lished by the Cit'y Ordinance shall 'be ~he advisory agency for review of tenta- tive and final maps. "Appeal Board." The City Council of the City of Tustin. 'Arterial Highway.' A thoroughfare not less than eighty (80) feet in right-of- way width that forms an important unit in the City, County or State highways system, and shown as a major highway on any master plan of streets and highways approved by City Council. "Block." A tract of land within a subdivision entirely bounded by streets, highways or ways, except alleys; or by streets, highways or ways, except alleys and the exterior boundaries of the subdivision. REV: 1-82 LU-3-3 TUSTIN CITY CODE SUBDIVISIONS 9312 "Staff." The City Engineer, Community Development Director and/or department heads of the City of Tusti'n. "Vesting Tentative Map." A "tentative map" for a residential subdivision as defined in the Subdivision Ordinance, or incorporated therein, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed, in accordance with Section 9361.5, and 'is thereafter processed in accordance with the provisions hereof. (Ord. No. 847, 6-1-81; Ord. No. 971, Sec. 1, 6-16-86) 9312 POWERS AND DUTIES OF THE PLANNING AGENCY The Planning Agency shall review and recommend to t~e City Council the recommended actions, findings, and conditions pertinent to the application for a division of land pursuant to 'this Chapter. (Ord. 1~o. 847, 6-1-81) 9313 POWERS AND DUTIES OF THE CITY COUNCIL The City Council shall have the final approving authority .for the division of land and subdivisions as specified by law and by this Chapter and upon all matters filed as an appeal from the decision of staff and/or.advisory agency. (Ord. No. 847, 6-1-81) 9314 EXCEPTIONS (66412) ' In addition to the exclusions from application of the Map Act specified therein, the requirement of this Chapter shall be inapplicabl~ to subdivisions of four (4) parcels or less for construction of removable commercial 15uild..i.ngs having a floor area of less than one hundred (100) square feet (66412.5). (Ord[ No. 847, 6-1-81) .. 9315 APPEALS (66452.5d) (a) An appeal may be made to the Cit~ Council by any subdivider or any interested person adversely affected concerning any decision, determination, or requirement of the Planning Agency or city staff by filing a notice thereof in writing with the City Clerk within fifteen (15) days after such decision or requirement is made. Co) An appeal shall set forth in detail the action and grounds upon which the subdivider or interested party deems aggrieved. The appeal may be made on the basis of the mandatory. findings and/or required findings of consistency with general or specific plans. (c) The right of appeal to the City Council shall be exercised by the payment of.a filing fee and filing of an appeal pursuant to the requirements for notice and public hearing as specified bx' the Zoning Ordinance for appeals to the City Council. Such public hearing shall be held within thirty (30) days after the date of filing the appeal. (d) Upon conclusion of the hearing, the City Council shall within seven (7) days, declare its findings based upon the testimony and documents produced before it or before the Plan- ning Agency. It may sustain, modify, reject, or overrule any recommendations or rulings of the Planning Agency and may make such findings as are not inconsistent with the provisions of this chapter and the State Subdivision Map Act. (Ord. No. 847, 6-1-81) REV: 6-86 LU-3-5 bUbDIVtSiONS 9330 PAR T 3 TE N/rAT I VE MA 9330 CO5q'ENT AND FORUM - The content and form of tentative maps shall be governed by the provisions of this Chapter and shall be prepared in accordance with the following criteria un- less said requirements are specifically waived by the City: m .Map Size (1) The minimum map size shall be eighteen (18) inches by twenty-six (26) inches. (2) The maximum map size shall be ~hirty-six (36) inches by forty-eight (48) inches, unless a larger size is necessary, in accordance with the scale requirements, to include all of the-map area on one 'sheet. Each map shall be drawn to an engineer's scale large enough to clearly show the details of the plan thereon. The minimum scale shall be one (1) inch equals one hundred (100) feet unless otherwise approved, and in no case shall the scale ha smaller than one' (1) inch equals two hundred (200) ~eet. b Map Scale Each map shall be drawn to an engineer's scale large enough to clearly show the details of .the plan thereon. The minimum scale shall be one (1) inch equals on.:: hundred (100) feet unless otherwise approved, and in no case shall the scale be amalier than one (1) inch eguais two hundred (200) feet. c Graphic and Linear Representatloa Proposed lines and features within the tentative tract Shall be represented on the tentative map as follows: .. (i)' Tract boundary: Heavy, double-width solid line. (2) Proposed streets and lot lines: Heavy solid line. (3) Existing lot lines: Light solid line. (4) Easements: Light dashed line and labeled as to intended use,. whether existing or proposed, public or private and whether to remain or to be quit claimed. ' (5) Water lines, sewers, storm drains, etc.: Heavy dashed lined and labeled as to inJended use, whether existing or proposed and whether to remain or to be removed. . (6) Existing contourS: Ligh~ da'shed link with elevations denoted. . No. 8~7, 6-1-81) '(Ord .;. · . 9331 REQUIRED INFORMATION a Title Block A Title Block Containing the Following Informaiton: (1) The tentative tract number; REV: 1-82 LU-3-7 TUSTIN CITY COD~- SUBDIVISIONS 933 ld(8) on whether or not such building or structure is to be removed from or remain in the - development of the subdivision. (9) The location of any excavations within the subdivision or within two hundred (200) feet of any portion of the subdivision, the location of any existing wells, cesspools, sewer.s, culverts, storm drains, and underground structures within the subdivision, and a statement ngting whether or not such uses are to be abandoned, to be removed, or to remain.. (10) Use or uses proposed in the tentative tract as specified by applicable or pending zoning district regulations. If for multiple family dwelling uses (including condomin- ium and community apartment projects) the proposed number of units shall be stated. (11) Type and extent of proposed street improvements, and diagrams of typical street sections. ' (12) (13) (14) (16) (17) (18) (19) Approximate radius of all center line curves on highways, streets, alleys, and vehicu- lar accessways. ' Proposed method of sewage disposal and the name of the sewerin~ agency, and the capacity of the collector and the sewage treatment facility. Name of proposed water supplier. 'Type of other' utilities which are proposed to serve the subdivision, including but not limited to gas, electricity, communications, and cable television, the name of the utility company or agency that wfif provide the service; and a notation as to whether the utilities will be ai)oveground or underground.. . The drainage area tributary to the subdivision and statements setting forth in detail, but not quantitatively, the manner in which storm runoff will enter the subdivision, the manner in which it will be carried through the subdivision, the manner in which disposal beyond the subdivision boundaries will be assured and, where applicable, with reference to any duly adopted Master Plan of Drainage. A statement certifying to one of the following and signed by the subdivider or his authorized agent; a. That the subdivider is the property owner of record; or b. That the property owner of record consents to the filing of tentative tract map. The park location, dimensions, net area, and access if a park is to be provided; and a statement setting forth, in detail, how the requirements of the Local Park C6de are to be accomplished. The height, area and configuration of man-made slopes shall be clearly shown. ·All slope areas shall be shown by type. (20) The approximate lo'cation of all trees standing within the boundaries of the proposed map. REV: 6-86 LU-3-9 TUSTIN CITY CODE SUBDIVISIONS 9335.01 PART 3.5 VESTING TENTATIVE MAPS 9335.01 AUTHORITY This Part is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66'498.1) of Division 2 of Title 7 of the Government Code of the State of California · (herefluafter referred to as the Vesting Map Statute), and may be cited as the Vesting Tentative Map Ordinance. (Ord. No. 971, Sec. 4, 6-16-86) 9335.02 INTENT AND PURPOSE It is the purpose of this Part to establish procedures necessary for the imple_mentation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and the Subdivision Ordinance of the City of Tustin (Tustin City Code Sections 9310 et seq., hereinafter referred to as the "Subdivision Ordinance"). Except as otherwise set forth in the provisions of this Part, the provisions of the Subdivision Ordinance shall apply to the Vesting Tentative. Map Ordinance. . To accomplish this purpose, the regulations outlined in this Part are determined to be · necessary for the pr'eservation of the public health, safety and general welfare, and for the promotion of orderly growth and development. (Ord. No. 971, Sec. 4, 6-16-86) 9335.03 CONSISTENCY . No land shall be subdivided and developed pursuant to a vetting tentative map for any purpose which is inconsistent with the Gehhral Plan of the City of Tustin and any applicable specific plan or not permitted by the Zoning Ordinance of the City of Tustin or other applica- ble provisions of the Tustin City Code. (Ord. No. 97L Sec. 4, 6-16-86) " · . · 9335.04 APPLICATION (a') This Part shall apply only to ~:esidential developments. Whenever a provision of the Subdivision Map Act, 'as implemented and supplemented by the Subdivision Ordinance, requires the £fling of a tentative map for a residential development, a vesting tentative map may instead be filed in accordance with the provisions hereof. (b) The filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for con~£ruction or work preparatory to construction. (Ord. No. 971, Sec. 4, 6-16-86) 9335.05 CONTENTS A vesting tentative map shall be filed in the. same form and have the same contents, accompanying date, and information as is required in Sections 9330, 9331, and 9380 through 9382 of the Subdivision Ordinance except as hereinafter provided or supplemented: . (a) At the time a vesting tentative map is filed a subdivider.shall also supply the following informati'on in addition to the information required by Sections 9330 and 9331 of the Subdivision Ordinance: REV: 6-86 LU-3-11 TUSTIN CITY CODE SUBDIVISIONS '- 9335.08 9335.08 VESTING ON APPROVAL OF VESTING TENTATIVE MAP -- (a) The approval or conditional approval of a vesting tentative map shall corffer a vested right to proceed with development in substantial compliance ~vith the ordinances, po}icies and standards described in Government Code Section 66474.2. HoWeVer, if Section 66474.2 of the Goverfiment Code is repealed, the approval or conditional approval of a 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 map is approved or conditionally approved. (b) The rights referred to herein shall expire if a final map is not approved pursuant to Section 9340 of the Tustin City Code, prior to the expiration of the vesting tentative map as provided in Section 9361(d) of the Subdivision Ordinance. If the final .map is approved, these rights shall last for the following periods of time: (1) An initial time period of one (1) year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial period shall begin for each phase when the final map for that phase is recorded. (2) The initial time period set forth in sUbsection (t))(1) shall be automatically extended by any time used for processing a complete application for a grading permit or for · design or architectural review, if such processing exceeds thirty'(30) days fzom the date a complete application.is filed. This subsection shall not apply if the Community Development Department requires design or architectural review prior to approval of a vesting tentative map pursuant to Section 9335.06. (3) A subdivider may apply for a. one-~ar extension at any time before the initial time period set forth .in subsection (b)(1) expires.. If the extension is denied the subdivider may appeal that denial to the Tustin City Council within fifteen (15') days of the 'date of the denial. (4) If a subdivider submits a complete application for a building permit during the periods of time specified within subsection 9335.08(b)(1) and (2), the rights referred to herein shall continue until the expiration of that permit, or any extension of that . permit. (Ord. No. 971, Sec. 4, 6-16-86) · . . 9335.09 EFFECT OF hNCONSISTENT ZONING REGULATIONS · Whenever a subdivider or owner fil'b-~ a vestin, g tentative map for a subdivision or building site whose intended development is inconsistent .with any regulations contained 'in the Zoning Ordinance of the City of Tustin, that inconsistency shall be noted on the vesting tentative map. The .advisory agency may deny such a vesting tentatix.~e map or'~pprove it conditioned upon the applicant obtaining the necessary change in the Zoning Ordinance of the City of Tustin to eliminate the inconsisten, cy. If such change is obtained, the approved or -cOnditionally approved vesting tentative map shall, notx('ithstanding the provisions of Section 9335.08, confer the vested right to proceed with the development in substantial .compliance with the change in the Zoning Ordinance of the City of Tustin and the vesting tentative map, REV: 666 LU-3-12. I TUSTIN CITY cor~ .p SUBDIVISIONS 9340 - PART 4 FINAL MAPS 9340' CONTENTS AND FORM (66434) In addition to the requirement of Division 2, Chapter 2, Article 2 of the Subdivision Map Act, the content and form of final maps shall be as specified herein. (a) SuH]cient data must be shown to readily determine the bearing and length of every lot line, block line and .boundary line. Dimensions of lots must be given as to net dimensions to the boundaries of adjoining streets, and shall be shown in feet and · hundredths of feet. No ditto marks shall be usecL Lots Containing one (1) acre or more shall show net acreage to nearest hundredths. Lots containing less than one (1) acre shall show net area in square feet. Bearings and distances of straight lines, radial lines, and all arc length data for curves shall be she;wn. Co) Whenever the City Engineer has established the center line of a s~reet or alley adjacent to or in the proposed subdivisions, the data shall be shown on the .final map, indicating all monuments found making reference to a field book or map. If the points were reset by ties, that fact shall be stated. (c) The final map Shall show the location and description of all monumenis found in making the field survey of the subdivision. (d) The map shall show the' line of high .water, in case the subdivision is adjacent to a ~tream, and the areas subject to periodic' inundation by floodwaters. (e) The map shall show the center and side lines of all streets, the total width of all streets, the width of the portion being dedicated and the width of exiSting dedica- tions, the widths each side of the center line and the ~vidth of railroad rights-of-way appearing on the map. (fl The map shall show the side lines of all easements to which the lots are subject. The easements must be clearly labeled and identified, and if already on record, its re- corded reference given. If any easement is not definitely located' on reCord, a state- ment of such easement must appear on the title sheet. Easements for storm drain, sewers and other purposes shall be indicated by dotted lines of the same width as the lines denoting street boundaries. The width of the easement and the lengths and bearings of the lines thereof and sufficient ties thereto definitely locate the ease- . ments with respect to the subdivision must be shown. If the easement is beir[g dedicated by the map, it shall be properly, set out in the owner's certificate of .dedication. (g) City boundary lines crossing or abutting the subdivision shall be clearly designated and referenced. (h) Lot numbers shall begin with the number "1" and shall continue consecutively through the tract, with no omissions or duplications. (i) The final map shall particularly define, delineate and designate all lots intended fOr REV: 6,~6sale or reserved for private purposes, all parcels offered for dedication for any pur- LU-3-12.3 TUSTIN CITY COD? SUBDIVISIONS .935. o PART 5 PARCEL MAPS 9350 CONTENT AND FORM (66445) In addition to the requirements of DivisiOn 2, Chapter 2, Article 3 of the subdivision Map Act, the content and form of parcel maps shall be as spe. cified herein. Graphic and Linear Representation. Proposed lines and features within the parcel map shall be represented on the map as follows: (1) Parcel map boundary: Heavy, double-width solid line. (2) Proposed streets and parcel line: Heavy solid line. (3) Existing parcel line: Light solid line. (4) Easements: Light dashed line and labeled as to intended use, whether existing or proposed, public or private, and whether to remain or to be quit claimed. (5) Water lines, sewers, storm drains, et~.: Heavy dashed line and labeled as to intended use, whether existing or proposed and Whether to remain or to be removed. (6) Existing contours: Light dashed line with elevations denoted. (Ord. No. 847, 6-1-81) 9351 REQUIRED INFORMATION a Title Block Names~ addresses, and telephone numbers of the property owner or owners of record, the subdivider, and the person and fn-m that proposed the map. .. b 'Descriptive Information North arrow, scale, date, number of parcels, gross area, and contour interval. Location and Boundary Delineation (1) The parcel map boundary lines shall be to the center line of any i~xisting abutting local public street or any existing or proposed arterial highway. However, ir any ' portion of the street or highway is not owned in fee by the subdivider, the owner of such street or highway shall be identified on the map,..but approval for filing is not required from such owner. The final parcel map boupdary lines shall be to.the limits of fee ownership within such streets or highways. A general location diagram showing the location of the parcel map in relation to existing and proposed arterial highways, including the closest approximate distance from each highway to the parcel. A description of the parcel map boundary in sufficient detail to' describe the approxi- mate location' of all 5f the boundary lines. At the option of the' subdivider, this description may be shown on a separate'sheet accompanying the maP. (2) (3) REV: 6-86 LU-3-12.5 SUBDIVISIONS 9351d REV: Supplemental ~rmation (1) if the ~arcel or parcels being subdivided is a parcel or parcels on recorded parcel, or a record of survey map, or a lot or lots on a corded tract map, reference shall be made to said recorded map. in the event the parcel or parcels has not been shown on such recorded parcel map or recorded tract map, or has not been shown on a record of · survey map, a conveyance or conveyances legally dividing such parcel or parcels from surrounding parcels shall be attached to the map application. . (2) The parcel layout, including the dimensions' of each parcel .and a nUmber for each proposed parcel. (3) The proposed use of parcels. (4) The width and locations of all existing or proposed easements or rights-of-way, whether public or private, for roads, d~rainage, sewers or flood controls or slope maintenance. ' (5) 'The locations, widths and grades of a~l proposed street and highway improvements, including street intersections, medians, driveways, alleys, curbs and gutters, sidewalks, and pavement.edges within the proposed tract. Said locations may be shown either in plan or by re- ference to a cross-section on the map. (6) The locations'and widths of all existing street and highway ' improvements, inhluding street intersections, medians, driveways, alleys, curbs and gutters,' sidewalks and edges of pavement within hundred (200) feet of the boundaries of the proposed parcel map. (7). The location of all areas subject to inundations or flood hazard and the locations, widths a'nd directions of flow of ail watercourses and flood control channels. (8) The location and outline:~o scale of each existing build{.ng, portion thereof, or stru.cture above ground within the subdivision noting thereon whether or not such building or structure is to be rempved from or remain in the developmen~ of the subdivision. (9) The location of any excavations within the subdivision or within two hundred (200) feet of any portion of the subdivision, the location of any existing wells, cesspools, sewers, culverts, storm drains, and underground structures.within the subdivision, and a statement notin=~ whether or not such uses are to be abandoned, to be removed, or to r main. (10) Use or uses proposed in the tentative tract as specified by applicab;.~_ or Pending zoning district regulations. If for multiple-family dwe!i- lng uses (including condominium and community apartment projects) the proposed number of units shall be stat'ed. ' ' (11) Approximate radius of ail center line curbs on highways, streets alleys, and vehicular accessways. ' (12) PropOsed method of sewage disposal and the name of the sewering ag- ency, and the capacity of the collector and the sewage treatment facility. (13) Type of other utilities which are proposed to' serve the subdivision, including but .not limited to gas, electricity, communications, and cable television; the name of the utility company or agency that 'Jill provide the service; and a notation as to whether the utilities wi~ be aboveground or underground. 1-82 LU-3-13 TUSTIN CITY CODF SUBDIVISIONS 9360 PART 6 PROCEDUILES AND FEES 9360 PROCEDURES IN GENERAL (66451) Tentative tract maps, parcel maps, and final map~ shall be processed in accordance with Division 2, Chapter 3 of the Subdivision Map Act and the procedures of this chapter. (Ord. No. 847, 6-1-81) 9361 PROCESSING OF TENTATIVE MAPS (66452) a Preliminary Review (1) Preliminary maps for tentative subdivisions may be submitted to the Community Development Department in ten (10) copies, for preliminary staff review to determine compliance with the terms and criteria of this Chapter. (2) A copy of the preliminary map shall be returned to the subdivider with corrections noted, in not more than thirty (30) days from date of submission. b Filing of Tentative' Maps (1) Ten (10) copies of a tentative tract map shall be filed with the Community Develop- ment Department thirty (30) days prior to the date of the scheduled meeting Of the Planning Agency, at which time the proposed, map will be considered, or such longer period as may be required pursuant to the California Environmental Quality Act; not to exceed fifty (50) days from date of fiiing. (2) In addition to the ten (10) copies'b~ the map, an 8% inch b½ 11 inch transparency of each map sheet shall be submitted by an applicant ..... (3) A filing fee, as required by this ordinance, shall be paid to the City at the time of submitting the map for filing. (4) The processing of subdivision maps, as related to time and procedures shall be in compliance.with the California Environmental Quality Act, and no map shall be accepted for filing until satisfaction of the requirement for environmental documents as approved by the Community Development Director. c Staff Report (66452.3) The Community DevelOpment Director shall furnish a copy of the staff report-, recom- mendations, and environmental status to the Planning'Agency and the subdivider not less than three (3) days prior to the scheduled' action on such map. d Expiration Date (66452.6) (1) An approved or conditionally, approved tentative map shall expire twenty-four (24) months after its approval or conditional approval. -. (2) Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which the map expires may be REV: 6-86 LU-3-15 TUSTIN CITY CODE SUBDIVISIONS 9364(a),(1) (1) When a ten~tive tract map is filed having more than one tract number, the fee shall be 8alculated on the basis of one tentative tract map and the sum of all lots shown thereon. (2) When additional property is added to a tentative tract map previously filed, the fee for such added property shall be the same for each added lot as for each numbered or lettered p~rcel on the tentative map. (b) F/n_.] map fees . In addition to the filing fee required for each final tract map and £mal parcel map, a plan check fee shall be collected by the Community Development Department and shall be deposited to 'the Tustin General FuncL -- ' · (c) Improvement plan check and inspection fees At the time a permit is issued by the City Engineer for said construction, the subdivider shall pay to the City aa fees for engineering plan check and inspection as set forth in the Handbook for Planning, Zoniqg and D~velopment, adopted May 17, 1973, as amended, subdivider shall submit three (3) sets of improvement plans for plan check to the City Engixi. 'eer. (d) Reversion to acreage fees · . A filing fee shall be paid to the City upon presenting a petition to revert property to acreage. (e) Certificate of compliance fees A proce~ug fee shall be paid to th~ ~ity upon the presentation oi' an application for a · certificate of compliance. (f) Lot line adjttstment fees A proceas~g fee shall be paid/o the City upon the presentation of an application for lot Line adjustment. (g) Vesting tentative map fees Fees for processing veSting tentative maps shall be Collected in the same manner as set forth in Tustin City Code Section 9364(a) except that, in addition thereto, and pursuant to Government Code Section 66498.8C0), the subdivider shall pay an addi- t. ional fifty dollar ($50.00) fee at the time of filing each vesting tentative map, until the cost of establishing procedures for vesting tentative maps is recovered. At such time, this additional fee shall be eliminated, tOrd. No. 847.6-1-81; Ord. No. 971, Sec. 3, 6-16-86) REV: 6-86 LU-3-17 TIJSTI~ CFFY COP' SUBDIVISIONS 9370(dX1)a (2) (3) (4) and may include, but not be limited to, grading, automatic irrigation systems, adequlate drainage, lawn, slu-ul~s, trees, concrete walkways and walkway lighting. b. "F_,xtrao~in_~_ry improvements" means park and recreation improvements over ~ud above those minimum improvements described in a. and may include, but not be limited to, playground equipment, picnic facilities, community centers, .sports fields, s~. 'mm{ug pools and tenni.~ courts. "~rk" mesns a parcel, or contiguous parcels of land which is owned, oper- ated, and m~ntained by a public agency or private association and which pro- vides recreational land and facilities for the benefit and enjoyment of the resi- dents and visitors of the City. The City of Tustin designates parks in the following classifications: a. "Commu~ty Parks" means those parks that serve a minimum popula- tion of ten thousand (10,000) and are generally eight (8) acres in size, or more, excluding g~enbelts and school grounds. Typical facilities in- elude COmmulli~ center~ athletic facilities, large multi-use swimming · poe]s, picnic area~ or cultural centers. "Community parks" are owned and maintained by the City and serve residents of the entire City. b. "Public Neighborhoed Parks" mea~ those parks that serve a mi~mum popula~m ~ tw~ thousand five humix~ (2200) and are a m~m_um c~ three (3) acre~ in' size, excluding greenbelt~ and school grounds. Typical facilities · include active and passiv~ open space, playgro~d equipment, sports fields and picnic are.a~.. "Public neighborhood parks" are owned and maintained by the City. c. "Private Neighborhood Parks" menus those parks that serve the imme- diate subdivision/development or specific planned communft-y 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, tenni~ courts and club houses. "Private neighborhood parks" are owned and maintained by a homeowner's association. l:haxpose. The parks and r~creation facilities for which dedication of land, the payment in lieu thereof, or a combination of both, is required by this Code are in accordance with the Recreation Element of.the General Plan of the City of . Requirements. As a condition of approval of a final subdivision map or parcel map, the subdivider shall dedicate land 6r pay a fee in lieu thereof, or a combina- tion of both, at the option of the City, for park or recreational purpose~ at the time and in acco~ with the smandards and formula contained in this subsectiom General provisions. a_ Applicability. The provisions of this Code shall be applicable to the division of real property defined as a "subdivision" by Section 66424 of the Subdivi- sion Map Act. REV: 1-85 LU-3-19 TUSTI2W CITY COD~- $U]3DMSIONS 9370(6) REV: 1.85 (7) (8) bo Cl r~quired for dedication, plus twenty (20) percent towards the costs of off-site /mprovements. The fair market value shall be determined by an MA/appraiser acceptable to the City and az 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 it' otherwise the land 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 prepare a new appraisal and will invoice the subdivider for cost of the reappraisal. For purposes' of this chapter, the determination of the fair m~rket value of a buildable acre shall consider, but n~t necessarily be lira/ted to, the foHowinT. · · a~ approval of and conditions of the tentative subdivision map b. the General Plan c. zoning & property location · e. off-street improvements facilitating use of the property f. site cha~acteristic~ of the property If the subdivider objects to the fair market value as determined by the MAI appraiser, an appeal may be made to the Cit~ Council The subdivider shall have the burden of proof in contest~g the appraised value. Combination of dedication and fees. Whenever the requirements of this subsec- tion (7) are complied with by both th~ provision of park lan~l and the payment of a park fee, the amount of the park fee shall be computed by determining the required amount of park land in accordance with the proves.' ion of subsection (5) a~ud subtracting the amount of park land actually provideck The remainder shall be converted to "fee" on a per unit basis in .accordance with the provisions of subsC~:tion (6). - . . Credit for private open space. Where private open spaces for park and recrea- tional purposes is provided in a Woposecl subdivision a~d such space is to be privately owned and maintained by the future residents of the subdivision, such areas shall be credited against the requirement of dedication for park and recre- ation purposes, as set forth in subsection (5) hereof, or the payment of fees in lieu thereof, as set forth in subsection (6) hereof, provided the City council 'finds it is in the public interest to do so, and that the following standards are met: a. That yards, court areas, setbacks and other open areas required to be main- rained by the zoning and building regulations shall not be included in the computation of such private ooen space; and That the private ownership and maintenance of the open space is adequately provided for by written agreement; and 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 witkin the tract and which cannot be defeated or eliminated without the consent of the City Council; and LU-3-21 -. TUSTL-N CITY CODF SUBDrV'ISIONS 9370(9)b REV: 1-85 b. Credit shall not be allowed for single-purpose commercial recreation facili- ties whether d~Licated or in private owner~kip. (10) Choice of land dedication, improvement, fees, or combination. a. Procedure. The procedure for determining whether the subdivider is to dedi- cate, improve, pay a fee, or combination of methods shall be az follows: 1. At the time of6]ing a tentative h~act m~p for approval, the subdivider of the property shall, as a part of such filing, indicate whether the subdi- videx desires to dedicate property for park and recreational purposes, improve the park land, or whether the subdivider desires to pay a fee in lieu thereof. If the mflxiividex demires to dedicate land for this purpose, the subdivider shall designate the area thereof on the tentative' tract 2. At the time of the tentative tract map approval, the Planning CdmmL~- sion shall determine as a payt. 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 methods. 3. Where dedication iz 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 fimfl tract or parcel map. OPen space covenants for private park or recreation:al facilities shell be submitted to the City prior to approval of the final tract rnnp and -~h;~ll be recorded contemporaneously ~ith the f~n~l ~ map. :, b. Deterrnin~ion' Whether the C~ty Council accepts land dedication or elects to require paTment of a fee in lieu thereof, acceptance of improved sites,-or ~ col~blnntiOl~, s]:l~l] be determined by consideration of the following:. 1. Recreation~1 Element of the City's General Plan; and 2. Topography, geology, access and location of land in the subdivision available for dedication; and 3. SLze and shape of the subdivLsion 'and land available for dedication. The determination of the City Council e.s to whether land shall be dedicated, fees charged, dedicated land improved, or a combL~tion thereof, shall be fineJ and conclusive. On subdivisions involving £~°cy (50) lots or less, only the payments of fees shall be r~ (11) Responsibilities end enforcement. a. It is the responsibility of each proper~y owner who propo, ses to create resi- dential b~]d~g sites to provide an equitable potion of park lancLs az re- qu~ed by this Code. Prep.ara:ions for the provision of park lands and/o( the payment of fees sha]] commence at the earlies~ possible inste~nce of land development planning. Where park land is to be provided, such provisions shall be included, where applicable, in zone changes, planned cbmmunity texts and development plans, tentative and final tract maps, division of land and parcel maps, and conditional use perm]ts. LU-3-22.1 9372 9372 Improvements Required Every subdivider who subdivides land shall cause public improvements to be made to s,~ch land as specified by the City CoUncil pursuant to the Subdivision MaD Act. b Standards (66462(b)) Standards for design and improvement of land divisions shall be in accordance with applicable sections of the Handbook for Planning, Zoning and Development as adopted and amended by resolution of the City Council. c Delayed Improvements (66424.6) (66411.1) Required improvements for a d~vision of land which is not a subdivision of 'five (5) o.r more lots, and for parcels of subdivisions designated as a remainder por- tion which is not divided for the puzpose of sale, lease, or financing, may be delayed until such time as a permit for development'is issued by the City, or until such time as the construction of such improvements is required pursuant to an agreement 'between the City and the subdivider. In the absence of such a.n agreement, the City may require the completion of improvements within a reason- able time following approval of the final map and prior to the issuance of a permit for development, Subject to a finding that the construction requirements are necessary for reasons of the public health and safety or the required 'con- struction is a necessary prerequisite t6 the orderly development of the sur- rotunding area. ' d' Over-sized Improvements (66485) ,, The city may require the subdivider as a condition of map approval to install and dedicate improvements that shall contain supplemental size, capacity or number for the benefit of property not within the subdivision. e -Trees and Landscaping REV: (1) Trees of the types set forth in the City's list of approved trees shall be provided for by the subdivider in accordance with the Master Tree Plan and City Planting Requirements. (2) Pri.or to approval by the City Council of a final map, the subdivider shall pay to the City the cost of purchas'ing and planting said trees, together ~ith the cost of maintenance of said trees for a period of one year. A fee schedule shall be specified by resolution of the City Council for the basic size of the various species of trees. A greater price may be negotiated for the planting of larger or more expensive species, '~ith the concurrence of the subdivider and the Maintenance Superintendent. (3) City shall be responsible for the installation and maintenance of parkway trees in the manner and type specified herein, with the planting to be approximately'at the time Structures 'are occupied but not later than the date of acceptance of the improvements of the tract. (Ord. No. 847, 6-1-81) 1-82 LU-3-23 TUST!N C.I/~Y CODE SUBDIVISIONS 9390' ..dRT 9 BONDING AND IMPROVEMENT ~CUR[TY 9390 BONDING AND SECURITY REQUIREMENTS In addition to the requirements of Division 2, Chapter 5 of the Subdivision Map Act, bonding and security requirements shall be as specified herein. (a) Improvement Agreement Prior to the approval by the City Council of the final map, the sub- divider shall execute and file an agreement between himself and the City, specifying the period within which he shall complete all im-- provement work to the satisfaction of the City Engineer, and provid- ing that if he shall fail to complete such work within such period, the City may complete the same and recover the full cost and expense thereof from the subdivider. This agreement shall also provide for inspection of all improvements by the City Engineer and reimbursement of the City for the cost of such inspection by the subdivider. Such agreement may also provide: -' (1) For the construction of the improvements in units; (2) For an extension of time under conditions therein specified; (3) For the termination of the agreement upon the completion of pro- ceedings under an assessment district act for the construction of improvements deemed by the City Engineer to be at least the equivalent' of the improvements specified, in such agreement and required to be constructed by the subdivider; and (4) For progress payments .to the subdivider, or his order, from any deposit money which the 'subdivider may have made in lieu of pro- viding a surety bond; provided, that no such progress payment shall be made for md'~e than ninety (90) per cent of the value of any installment of work; and provided further, 'that' each §uch installment bf work shall be completed to the satisfaction of the City Engineer. (b) Subdivision Impr°vemen{ Bonds To guarantee the performance of any action or agreement with regard the proposed subdivision, §ecurity shall be. furnished in the. followin~2 remounts: (1) An amount determined by the City Engineer to be not less than one hundred (100) per cent of the total estimated cost of the improv.ement or of .the ac.t to be pe.rformed, .conditioned upon the faithfdl performance o~ the act or agreement; and (2) An additional' am6unt 'determined by the City Engineer, not less than fifty (50) per cent of the total' estimated cost of the improvement; or (3) An amount determined by the City Engineer necessary for the guar- antee and warranty of the work for a period of one (1) year fo!- lowing the completion and acceptance thereof against any defec- tive work or labor done, or defective materials furnished. REV: 1-82 LU-3-25 zu~za.~4 t. iTY CODE SUBDIVISIONS - PART 10 REVERSION TO ACREAGE 9392 REVERSI. ON TO ACREAGE SY FI,KAL MAP Pursuant co the requirements of Division 2, Chapter 6, Article 1 of the Sub- division .Map Act, subdivided property may be reverted to acreage. (Ord. No. 847, 6-1-81) 9393 REVERSION TO ACREAGE BY PARCEL ..MAP · A subdivider may file a parcel map under the provisions of the above cited authority for the purpose of reverting t° acreage land previously subdivided and consisting of four (4)or less contiguous parcels under the same ownership. (Ord. No. 847; 6-1-81) 9394 FEES FOR REVERSION TO ACREAGE Petitions to revert property to acreage shall be occupied by a fee in accordance_ with the schedule of fees adopted by the Tustin City Council. (Ord. No. 847, 6-1-81) REV: 1-82 LU-3-27 NEGATIVE COMMUNITY DEVELOPMENT I)EpARTMENT 300 CctTtctmial If:or. 'I'7~.vtin, CA 92780 (714) 573-3105 DECLARATION Project Title: Project Location: Project Description: ?WLSlc~ --17'm e~'~T~4~z_ c1; C4-~~,, '~: Project Proponent: ~.lT'lf. qfr2> -T'tgST]t. Jfi CO~V-/II'~Ot-.~T"f" lD~ .E~..~~ Lead Agency Contact Person: ~)~[~5L ~k/ Telephone: ~--~'-'/-~. · The Community Development Department has conducted an Initial Study for the above project in accordance Mth the City 'of Tustin's procedures regarding implementation of the California / Environmental Quality Act, and on the basis of that study hereby finds: ',. //~ That there is no substantial evidence that the project may have a significant effect on the environment. That potential significant effects were-identified, but revisions have been included in the project plans and agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no significant effects would occur. Said Mitigation Measures are included in Attachment A of the Initial Study which is attached hereto and incorporated herein. Therefore, the preparation of an Environmental Impact Report is not required. · The Initial Study which provides the basis for'this determination is attached and is on file at the Community Development Department, City of Tustin. The public is invited"to comment on the appropriateness of this Negative Declaration during the review period, which begins with the public notice of Negative Declaration and extends for twenty (20) calendar days. Upon 'review. by the Community Development Director, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 4:00 P.M. ON NEGDEC.PM5 3704.A Elizabeth A. Binsack Community Development Director COMMUNITy. DEVELOPMENT I)EI'ARTMENT 300 Cen[ennial lI"a),. Tus[in, CA 92780 (714)573-3105 INITIAL STUDY BACKGROUND Lead Agency: City of Tustin 3.00 Centennial Way Tusfin, Califom/a 92780 Lead Agency Contact Person: ~3~i¢_ 41~o? Project Location: ~"~J .T~ Vq/l~ Project Sponso.r's Name and Address: General Plan Designation: Zoning Designation:., Project Description: Surrounding Uses: No.h d.~ ~ ~./,~ South .., Other public agencies whose approval is required: (]~] Orange Count),'Fire Authority 1]]]1 Orange County Health Care Agency []]] South Coast Air Quality Management District E] Other I~1 City oflrvine CJI City of SantaAna 1-"1 Orange County EMA KN V' I I(ON.M EN'i',A FAC'I'OI4S I'O'I'IEN'I'I A i_, [,y. 'FEC'I'F_,D 'l'he environmental factors checked below would be potentially affected by tills project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Scctio~ D below. Land Use and Planning Population and Housing Geologic.al Problems Water Air Quality Transportation & Circulation Biological Resources Energy and Mineral Resources Hazards Noise Public Services Utilities and-Service Systems Aesthetics Cultural Resources Recreation Mandatory Findings of Significance C~ DETERMINATION: t' On the basis of this initial evaluation: · '~/I find that the probosed project COUI..D NOT have a significa~t effect on the' ewAr'onment, and a NEGATIVE DECLARATION will be prepared. I~ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sh~ts have been added to the project. A. NEGATiVE DECLARATION will be prepm-e~ [~ I find that the proposed project MAY have a significant effect on the environment, and an ~ONMEN:FAL 12vfPACT REPORT is required. . . I find that the proposed project MAy have a significant effect(s) on the environment, but at le,:Sst one effect 1) has been adequately analyzed in art earl/er document parsuant to applicable legal standards, and 2) has l~en addressed by mitigation measures based on the earlier analysis as described on attached shee~, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mit/gated." An ENVIRONMENTAL 12MPAC~ REPORT is requ/red, but it must analyze only the effects that remain to be addressed. · I fifid that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in th/s case because all potentially significant effects I) have been analyzed adequately in an earlier ELR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier ElK including rexdsions or mitigation measures that are imposed upon the proposed project. . I find that although the proposed project could have.a significant effect on the environmcnk there WILL NOT be a significant effect in this case because all pgtentially significant effects 1) have been analyzed adequately in an earlier N~GATIVE DECLA. R_~TION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATi\rE DECL.ML&TION including revisions or mitigation measures that are imposed upon the proposed project. Signature ~ Date Printed Name Title q ce I). I': N \"I I:~ 0 N M t,~N'I'A L II'ACI'$: [-1 Earlier analyses used' .4 vmlable for review al: CiO, of Tustin Community Det,elopmen! Deparlment LAND USE & PLAJ~SNING - WouM the proposal: a) Conflict with general plan designation or zoning7 b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c) Be incompatible with existing land ~ in the v/cinity? d) Affect agricultural resources or operations? e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)7 2. POPULATION & HOUSING- Would the proRosal: a) Cumulatively exceed official regional or local population projectior{s? b) ' Induce substantial om-ox~xh in an area either directly or ' indirectly (e:g., through projects in an undeveloped area or ex-tension of major im'rastructure)? c) Displace existing hoUSing, especially affordable hoUSing? 3. GEOLOGIC PROBLEMS - Would the proposal result in or expose people to potential impacts involving:. a) Fault rupture? b) Seismic ground shaking? c) Seismic ground failure, including liquefaction? d) Seiche, tstmmni, or volcanic hazard? e) Landslides or mudflox~? 0 Erosion, changes in topog-raphy or unstable s~il conditions from excavation, grading, or fill7 g) Subsidence of land? h) Expansive soils? i) Unique geologic or physical feat~'es7 4. ",VATER - Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff?. b) Exposure of people or property to water related haZards such as flooding7 c) Discharge into surface Waters or other alteration of surface water quality (e.g., ~emperature. dissolved oxygen or turbidity)7 d) Changes in the amount ofsufface water in any wmer body7 e) Changes in currents, or the course or direction of water movements7 ]~olcnlially Significant Impact l'otcntiollv Unless A4itigation Incorporated Less l]~an Significant Impact No Impact 0 0 0 0 0 0 0 0 0 0 0 0 0 © 0 0 0 Ci~angc in d~c quantity of ground waters, cithcr through dircc~t additions or withdrawals, or ~ough intcr~pdon of an aq~cr by ~m or ~do~ or ~ough sub~n~ loss of~o~d~tcr r~gc ~bili~? g) ~ter~ ~r~don or ~te of flow of~o~d~ter~ h) Impa~ to ground~t~q~i~? ' ' i) . Subs~fi~ r~u~on ~ ~e mount of~o~d~ter o~emq~ av~lable for public ~t~ ~ppH~? ' ~ Q U~y _ Would lhe pm~sal: a) ~olate ~y ~r q~ ~d or ~n~bme to ~ e~g or proj~ ~r q~ ~o~fion? b) Ex~ ~ifive r~to~ to ~llu~u7 c) ~ter ~ movemenh mo~q or tem~m~e, or ~m ~y C~ge in cIi~te? d) Cr~te ~j~o~ble ~om7 T~'SPORTATION & C~CU~TION_ ltbuldthe proposal ~lt in: l'otentiall3. Sig.ifica.~ /mt~ocl A"o hnpa¢l a) Increas~ vehicle trips or traffic congestion7 b) Hazards to safety fi.om design features (e.g., shazp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)/ .. ' c) Inadequate ' d) emergency access or access to. nearby uses? Inm~cient parking capaci/y onsite or offsite? e) Hazards or barriers for pedes~ans or biq'clis~7 f) Conflicts ~ith adopted policies supporting alternative transportation (e.g. bus tmmouts, bicycle racks)7 g) Rail, ~terbome or air tra~c impacts7 B IO LO G ICAL RES O URCES - 14buld the ]proposal result in impocLy to'. a) Endangered, threatened or ~re species or their habitats (including but not limited to plants fish, insets animals, and birds7 ' b) Lo, fly designated species (e.g., heritage tr~s)7 c) Locally designated natural Communities (e.g.. oak forest coastal habitat, etc.)7 · d) Wetland habitat (e.g., marsh, riparian, and vernal pool)? e) Wildlife dispersal or migration corridors7 ' ENERGY & Mh\,ERAL RESOURCES Wouldthe proposal: - a) Conflict with adopted energy conscrvation plans7 b) Use nonrenex~ble resources in a wasteful and inefficient manner7 c) · Result in tile loss of ax~ailability ora known mineral rcsourcc that would be of fi~turc val,c to thc region7 9. I IAZ...\RDS _ Would lhe proposal in,,oA,e: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to. oil, pesticides, chemicals, or radiation)7 b) Possible interference x~4th emergency response plan or emerge, ney evacuation plan7 c) The creation of any health hazard or potential health hazard7 d) Exposure of people to existing sources of potential health hazards? e) Increased fire hazard in areas with'fl.amm~ble brush, grass, or trees? i0. NOISE - Would the proposal result in: a) IncreaSes in existing noise levels? b) Exposure of people to ~"vere noise lex,els? II. PUB LIC SERVICES - Would the proposal have an effect upon. or result in a need for ne~, or altered government services in. any of the following areas: a) Fire protection7 b) Police protection? c) Schools? d) Maintenance of public facii/ties, including roads? e) Other government sen4ces?' 12. u:rYLITIES & SERVICE SYSTEMS - Would the proposal result in o need for ne~, .syxtems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? b) Communications systems7 c) Local or regional water treatment or distribution facilities? d) Sewer or septic tanks7 e) Storm water drainage7 f) Solid waste disposal? g) Local or regional water supplies? I3. AESTHETICS - lf"ould the proposal: a) Affcct a scenic vista or scenic highway? b) Have a demonstrable negative aesthetic effect? c) Create light or glare? ]~oIcnli~/lv .%'i.w~i ficnnt ],npact )l~ili,~. otion Incorporated L¢.¥.v than ,~i&,nij~canl Impact No ],npacl 0 0 0 0 0 0 0 0 o 0 0 0 . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E. 14. C~ LTUR_.\L RESOURCES - Would the proposal: a) Disturb paleontological .resources? b) Dixturb archaeological resom-ces7 c) Have the potential lo cause a physical change which would affect unique ethn/c cultural values? d) Restr/ct existing religious or sacred uses within the potential impact area? 15. RECREATION - Would the proposal: No Impact a) Increase the demand for neighborhood or regional parks or other recreational facilities? b) Aff'eizt existing recreational oppommit/es? I6. MANDATORY FIh'I)ENGS OF SIGNIFI~CE b) d) a) c) Does the project have the potent/al to degrade the qua.lib, of the envi. ronment, substantially reduce the habitat of a fish or ~41dlife species, cause a fish or x~ildlifc population to drop ~low sel.f-sustain/ng levels, threaten to eliminate a plant or animal commtmi .ty, reduce the number or restrict the range of a rare or endangered plant or animal or elim/nate important examples of the major periods of California history or prehistory7 Does the project have the potential to ach/eve short-term, to the disadvantage of long-term, em4ronmental goals? Does the project have impacts that are indMdually limited, but cumulatively considerable7 CCumula. fively considerable" means that the incremental effects of a project are considerable when ',4ewed in connection x~qth the effects of paxt projects, the effects of other current projects, and the effects of probable future projects). Does the project have environmental effects wkich will cause substantial adverse effects on human beings, either dirtily or indirecdv? 0 E3 'El o o o EVALUATION OF ENVIRONMENTAL IMPACTS Please refer to Attachment A for an evaluation of the enx4ronmental impacts identified in Section D above. ' i~ITSTUD. PM5 3702A ATTACHMENT A EVALUATION OF ENVIRONMENTAL IMPACTS COMPREHENSIVE REVISIONS TO SUBDIVISION CODE BACKGROUND The proposed "project" includes comprehensive revisions to Article 9, Chapter 3, Subdivisions, of the Tustin City Code. The prQposed Amendments in and of themselves will not create significant environmental impacts.. They do not have the potential to degrade the quality of the environment. They will, in fact, help to advance the preservation of the environment by revising outdated requirements for subdivisions and clarifying what is required of someone who wishes to subdivide land in the City. The Amendments do not have the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals. The Amendments have no environmental effects which are individually limited but cumulatively ~considerable. Any environmental effects will not cause substantial adverse effects to human beings, either directly or indirectly. The 'proposed Amendments are regulatory in nature. When future applications are submitted to the City in compliance with these provisions, independent environmental review will occur at that time. Source: Tustin General Plan Tustin City Code Subdivision Map Act Mitiqation/Monitorinq Required: None Required. D F: br: SUBORD. ENV 1 RESOLUTION NO. 97-04 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR COMPREHENSIVE AMENDMENTS 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: I . The City Council finds and determines as follows: a. The request to approve comprehensive amendments to the City's Subdivision Ordinance is considered "a project" pursuant to the terms of the California Environmental Quality Act (CEQA). . A Negative Declaration has been prepared for this project and has been distributed for public review. C o D. Whereas, the Planning Commission and City Council of the City of Tustin have considered e~idence presented by the Community Developmen~ Director and other interested parties with respect to the subject Negative Declaration. 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 environmental 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 97-04 Page 2 PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 3rd day of February, 1997. TRACY WILLS WORLEY Mayor PAMELA STOKER, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 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. 97-04 was duly adopted at a regular meeting of the Tustin City Council, held on the 3rd day of February, 1997. COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER:ABSENT: PAMELA STOKER City Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1177 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING COMPREHENSIVE AMENDMENTS TO ARTICLE 9, CHAPTER 3, SUBDIVISIONS, OF THE TUSTIN CITY CODE The City Council of the City of Tustin does hereby ordain as follows: Section 1 Findings. The City Council finds and determines as follows: ao .That comprehensive amendments to Article 9, Chapter 3, entitled Subdivisions, have been prepared. Be That a public hearing was duly noticed, called and held on said application on November 12, 1996 and continued to November 25, 1996, December 9, 1996 and January 13, 1997 by the Planning Commission and December 2, 1996 and continued to January 6, 1997, January .20, 1997, February 3, 1997 and February 18, 1997 by the City Council. Ce It has been determined that this project would~ not have a significant effect on the environment and a Negative Declaration has been prepared. De Proposed amendments are regulatory in nature and would provide local subdivision regulations to implement the· Tustin General Plan, Zoning Code and Subdivision Map Act of the State of California. Section 2 Amendment to Tustin City Code. The City Council hereby repeals Article 9, Chapter 3, Subdivisions, of the Tustin City Code in its entirety and approves a new Article 9, Chapter 3, Subdivisions, to read as follows: . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinanc Page 2 177 TABLE OF CONTENTS ARTICLE 9 CHAPTER 3 SUBDIVISIONS PART I PURPOSE, INTENT AND APPLICABILITY OF SUBDIVISION CODE 9311 Purpose, Intent Subdivision Code and Applicability of A. Title B. Purpose and Intent C. Authority and Relationship to General Plan D. Applicability of Subdivision Code E. Responsibility and Delegation of Authority F. Modification of Local Requirements G. Effective Date of Subdivision Code H. Partial Invalidation of Subdivision Code 9312 Maps Required ae Be Divisions of Land; Five (5) or More Parcels Divisions of Land; Four (4) or Less Parcels · 9313 Exemptions from Subdivision Requirements ae Ce Exemptions from the Subdivision Code Exemptions from Tentative Tract Map Requirements Exemptions from Tentative Parcel Map Requirements 9314 Waiver of Subdivision Requirements ae B, Waiver of Tentative Tract, Tentative Parcel Map and Final Map Requirements Waiver Findings Certificate of comPliance Required PART II SUBDIVISION PROCESSING 9321 Subdivision Processing Authority and Application ae Introduction Authority for Subdivision Decisions Application Filing and Fees 10 1: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance 1177 Page ? De F. G. H. Initial Application Review/Environmental Assessment Notice to Affected Agencies and Utilities Public Hearings Appeals Time Extensions 9322 Lot Line Adjustments ao B. C. D. E. Purpose Applicability Application Processing and Review Findings and Decision Post Approval Procedures 9323 Tentative Parcel and Tentative Tract Maps A® B. C. D. E. F. Purpose Applicability Application Processing and Review Findings and Decision Conditions of Approval Post Approval ProcedUres 9324 Vesting Tentative Parcel and Vesting Tentative Tract Maps ao D. E. F. Purpose Applicability Application Processing and Review Findings and Decision Conditions of Approval Post Approval Procedures 9325 Final Maps ae B. C. D. E. F. G. Purpose Applicability Multiple Final Maps Application Processing and Review Findings and Decision Conditions of Approval Post Approval Procedures 9326 Reversion To Acreage ao B. C. D. Ee General Initiation of Proceedings Contents of Petition Submittal of Petition Engineer Findings and Decision Post Approval Procedures to the City 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinanc Page 4 177 9327 Parcel Mergers A® B. C. D. E. F. G. He Purpose Applicability Notice of Intention to Determine Status Hearing on Determination of Status Determination of Merger Appeals Determination When No Hearing is Requested Request to Merge by Property Owner 9328 Correction and Amendment of Maps ao B. C. D. Requirements Form and Contents Submittal and Approval by City Engineer Filing with the County Recorder PART III DEDICATIONS~ IMPROVEMENTS AND ENFORCEMENT 9331 Dedications, Reservations and Development Fees ae Be E. F. G. H. I. J. K. L. M. Dedication of Streets, Alleys, Bicycle Paths and Other Public Rights-of-Way Or 'Easements '~ Waiver of Direct Access Rights Dedications/Fee Title Parkland Dedication Reservations Local Transit Facilities Bridges and Major Thoroughfares Supplemental Improvement Capacity Drainage Fees [Reserved] Solar Access Easements Interim ClaSsroom Facilities Permanent Classroom Facilities Reimbursement to a Telephone Corporation or Cable Television System for Undergrounding or Relocation 9332 Improvements A® B. C. D. E. F. General Required Improvements Deferred Improvement Agreements Design Access Improvement Plans ~ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance. 1177 Page 5 Ge He I. J. K. Improvement and Subdivision Agreement Improvement Security Construction and Inspection Completion of Improvements Acceptance of Improvements 9333 Enforcement ae 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 PART IV. 9341 DEFINITIONS Definitions Monument Map 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinan, Page 6 ~.177 ARTICLE . 9 CHAPTER ~ 3 SUBDIVISIONS PART I PURPOSE t 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 followe~ 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; Promote open space, conservation, protection, and proper use of land; and, 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 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: le · ., 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. City Council. The City CounciI 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)~ 28 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinanc Page 8 · · · 177 City Engineer. The City Engineer shall be responsible for: 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) Preparing subdivision improvement agreements; f) Inspecting, approving and accepting subdivision public improvements; and, g) Processing of Lot Line Adjustments. 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) Establishing design and construction standards for private improvements; c) d) Processing and approving subdivision' private improvement plans; Processing and approving proposed street names; and, e) Inspecting, approving and accepting subdivision private improvements. 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. 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 OrdinaD~e 1177 Page 9 . Planning Commission. The Planning Commission shall be the Advisory Agency as identified in the Subdivision Map Act and shall have the responsibility ~-~ authority ~ .... ~- ccnduct ~ngs, and approvc, ir..po~a condition~ oz ~1 ~ ~w ~ ' · '~'~'"-'-'-'.'.'-'.'.'-' ................. ~ ... ... .. · ..........~ ....... :.:.. ~......:: ::: :.:.:...............:::: :f::::: .....~:. · ..:.:.:.:.:..:. + .........:.:.:.:.: ....... :.:+:+ .~::+: :.:.:.:+:.:.:.:... +:.:.:.....::: :-:::: :.:..... ·.. . ~.~ : ' ~.: "'.'"'.""::::::::.'..'.',',~.' ::::::::::~-'.'.'+'.'.'-'+:~?'::-.::-".M.' :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: compl~ance .... wlt'h ............ 93 2' ~'"~'"~ ......................... ('X'~'~8'~'~'~:~: ............ for Subdivision Decisions). F. 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 Subdivision Code are applicable as of the adoption of the Code by Ordinance of the City' Council. H. 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. 28 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 Ordinan¢ Page 10 177 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). 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 Bubdivision Code The following activities shall be exempt from the requirements of the Subdivision Code: le 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, · 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance 1177 Page 1 ? 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; · 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; · Each parcel created by the division has a 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 · 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- termleases (terminable by either party on not more than thirty (30) days notice in.writing). · 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinanc Page 12 177 9314 Waiver of Subdivision Requirements 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: I · Division of real property or interests therein created by probate, eminent domain procedures, partition, or other Civil judgments or decrees. · 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. · 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 supply availability, environmental protection, and other requirements of the Subdivision.Map Act, the Subdivision Code and the Tustin General Plan, any applicable Specific Plan, Article 9, Chapter 2 (Zoning Code) and other applicable provisions of the 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). Ordinance 1177 Page 1 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 lawo 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinanc Page 14 177 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 Decision Appeal Body Body Certificate of Compliance Final Maps Lot'Line Adjustments Parcel Mergers Director Commission* Council - Council - Commission Council Reversion to Acreage Council - ?-'.:-:-x.:.:.:.:.:-: ....... ~.:.' ' ~-:.:-":':~' Tentative Maps, including Vesting * - 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; el 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: Ordina Page a) 1177 Ail necessary forms, materials and exhibits as identified in the City's Subdivision Manual have been provided and accepted as adequate; and, 10 11 12 13 · 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. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 De Initial Application Review/Environmental Assessment Ail applications filed with the Department in compliance.with the Subdivision Code shall be initially processed as follows: I · 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). 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 10 11 12 13 14¸ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ordinan¢ Page 16 177 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 required by the Subdivision Map Act, any application filed may be referred to any public agency that may be affected or have an interest in the proposed subdivision. · Environmental Assessment. Ail subdivision applications shall be reviewed as required 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: le 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 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 10 11 12 Ordinan~ 1177 Page 1' 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. 13 F. Public Hearings 14 15 16 17 18 19 20 21 22 23 24 25 26 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 65090 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. 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. 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 27 28 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 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 Ordinanc Page 18 177 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. 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. le · 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. Any action taken by the appeal body shall be supported by appropriate, findings. H. Expirations/Time Extensions Expirations The approval of a tentative parcel or tentative tract map shall expire twenty-four (24) months from the date of its approval. However, 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance 1177 Page 1' 2. Time Extensions ae 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 increased development fees which have been imposed since the dat~ of the original approval of the tentative parcel or tentative tract map. be 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). Ce Time Limit of Extensions. The ~ime 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. de ADDeals. 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). 5 10 11 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinanc, 177 Page 20 9322 Lot Line Adjustments A. Purpose 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. B, Applicability 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 shall be-determined to be complete by the Engineering Division only when: Ail necessary application forms, materials, and exhibits as established by the Public Works Department/Engineering Division are accepted as adequate; · A legal description of the parcels with proposed adjustments, signed by a California Registered Civic Engineer or Licensed Land Surveyor is accepted as adequate; · · 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; · 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 · Ail fees' and/or deposits have been submitted and accepted. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance 1177 Page 2 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. C. 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. 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. De 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. E. Post Approval Procedures 1. Appeals. The decision of the Council is final. Expiration/Extensions. Upon approval, and satisfaction of any conditions imposed, the Public 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinan¢ Page 22 177 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. 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: 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 thelegal 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 10 11 12 13 14 15 16 17 18 19 120 21 22 23 24 25 26 27 28 Ordinance 1177 Page 2 ~ 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, e Ail fees and/or deposits have been submitted and accepted. Tentative parcel and tentative tract shall be considered by · , :.:.:.:.:.:.:.~::.. · ::::::::::::::¥.-~....: :+:.:.:.:.:.:.:.:.:+:.:+~:.. · ..: · · the Commls s ion ~iiii!?:iiii::iiii~~:~ in compl lance with 9321. B (Authority for Su~'~"~'~'~:'~'~:~'~'~'~'~'~b~::~isions) , 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). :"'"' :'"'"" "':' :':'"'"'"'"'"'"" ":':':':':':':':':::'::"" :': :':':':': :"' ::::::::::::::::::::::::::::::: ::: ¥:: :::: :':" i ': :~ ¥ "::: ::::::::::::::::::::::::::: :'": ¥. '":: :~: :::: :::::::: : :: :::::¥::::::': .' ~..:.:..:.'. · .:. · .:.:.' '-:-:: · '~ ................. '"'"'""'"'"'"'"'""' ' '"'"'"'"'"'"'"'""'"" '"'"'"'"'"'~"' '"" :' :' :' :'"" :' :' :' ¥' :' :' :' ~:' :' :' :' :' :' :' :'" :' :' :' :' :' :' :' :' :' :' :' :' :' :'" :' :' :' :: ::::::::: ::: ::::: :::::::::::::::::::::::::::: :::::' :':: ~:::S:::::::2::: ::::' :::::' :::::::2 :i: ::::i:i:' :::2: ~ $! :i~:!:~$i:::: $i:' 5: tentative parceI or ~en~aflve fracf map wl~hln ~he ~lme frames established by the Subdivision Map Act or other relevant law. All applicable time frames for the Commission'to ~--~ on the tentative parcel or tentative tract map specified by the Subdivision Map Act, or other relevant law, may be extended by mutual consent of the subdivider and the Commission. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinanc 177 Page 24 D. Findings and Decision The Cor~ission ~~! shall record its decision in writing ~ith the findi~'~':':':':~h which the decision is based. The .~o~issi~n~~i may approve an application for a tentative parcel or .~'~:~e 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. 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 Procedure's lo · Appeals· The decision of the Cor~iss~'~- -~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 9 ~ F ~ ~ ~ ~ ~ % ' "'-'"""-'-'"" '""'-'"'"'-' '--'"'"" .:.......::::;:~::~.:~.:~...~...~.~?.?+.......:~:c:.:.:.:.:.:.:.~...~.: :::::::::::~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 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 submittal and processing of vesting, tentative' parcel and vesting tentative tract maps for the subdivision of land in compliance with the 'Subdivision Code. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance 1177 Page 2 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: le Ail necessary application forms, materials .and exhibits as established by the Department are accepted as adequate; 2. A preliminary soils, ~eology 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, Ail fees and/or deposits have been submitted and accepted. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinanc Page 26 177 Vesting tentative parcel and vesting tentative tract maps shall be considered by ~the Commission ~i!~iii!~i!~ii~i!~i!i~~:~!~!~ in compliance with 9321.B (authority for 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 Co,,~,nission ~~ may approve an application for a vesting tentative ~:~:~:~:~:~:~r 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. Conditions of Approval In approving a vesting tentative parcel or vesting tentative tract map, the ---~' "-~ ~~i~ may impose conditions deemed necessary to ensure that :'"~:~:~:'":':':~'~:'~roval will be in compliance with the findings required by 9324.D (Findings and Decision). .............. ~~.'.I'!~! may require, as a condition of its approval, that :"":::::::::::::::'::::::::::::::::: ym::: 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- lo a Appe ls The decision ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .. ~ ~ ~ ~ ~ ~ 9 ~ Time Extensions. Time extensions may be granted in compliance with 9321.H (Time Extensions). If a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance 1177 Page 2" 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 le · · 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. 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: ao 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinan¢ Page 28 177 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. be 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 filed. Co 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 not 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. 9325 Final Maps A. Purpose 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OrdinaD~ 1177 Page 2: · guidelines established by the Engineering Division. The City Engineer may also require additional materials, exhibits, data or information as deemed necessary to accomplish the purpose of the Subdivision Map Act and the Subdivision Code. 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: · 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; · · 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 aC%ion on the application is take; 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; · Dee4s for Easements 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; e Traverse Closures -' Traverse closures for the boundary blocks, lots, easements, street centerlines and monument lines have been accepted as adequate; 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinanc Page 30 177 · Governing Documents - For a common interest development within the meaning of Sections 1350 et seq. of the State civil Code, Conditions and Restrictions containing the provisions described in Section 1353 'of the Civil Code, and all other governing documents for the subdivision as are .appropriate pursuant to Section 1363 of the Civil Code have been provided. All subdivisions other than a common interest development shall include any Declaration of Covenants, Conditions and Restrictions proposed in connection therewith. All documents shall be subject to review and approval by the Director of Community Development and City Attorney; 8. · 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 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance 1177 Page 3' certificate required by this Subsection shall be subject to prior review and approval by the City Engineer and City Attorney; C. 11. Fees and Deposits. Ail fees and/or deposits have been submitted and accepted; and~ 12. Corrections. Any and ail corrections and/or additions to the final map have been made and are acceptable to the City Engineer. Multiple Final Maps Multiple final maps relating to an approved or conditionally 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 ~he filing of multiple maps. ,, Each final map which constitutes a part, or unit, of the approved or conditionally approved tentative map shall have a separate subdivision number. The subdivision improvement agreement executed by the subdivider shall provide for the construction of improvements as required to constitute a logical and orderly development of the whole subdivision. D. Application Processing 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 approved a 10 11 12 ¸13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ordinan~ 1177 Page 32 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. 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance. 1177 Page 3: land surveying or licensed land surveyor. Ail monuments, property lines, centerlines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the final map shall not exceed 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. 9326 Reversion to Acreage A. Purpose The purpose of this section is to provide for the submittal and processing of subdivided property reverted to acreage pursuant to the provisions 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. B. 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 othe~r 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinanc 177 Page 34 C. Contents of Petition In addition to other information required by the City, a petition shall contain, or be accompanied by, but not be limited to, the following: le · Evidence of title to the real property; At least one of the following: ae Evidence of the consent of all of the owners of an interest in the property; b· 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 with the title, "The Purpose of this Map is a Reversion to Acreage."; and, · Fees and/or deposits in accordance with adopted fee schedules. D. 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). 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: . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance 1177 Page 37 · 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, · Such other conditions as are necessary to accomplish the purposes or provisions of the Subdivision Map Act or the Subdivision Code or necessary to protect the public health, safety or welfare. F. Post Approval Procedures le 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 ~nd 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 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinan¢ '177 Page 36 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 does 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® The.parcel comprises less than five thousand (5,000) square feet in area at the time of the determination of merger; be The parcel was not created in compliance with applicable laws and ordinances in effect.at the time of its creation; Ce The parcel does not meet current standards for sewage disposal and domestic water supply; de The parcel does not meet slope stability standards; e· The parcel has no legal access which is adequate for vehicular and safety equipment access and maneuverability; f® The parcel's development would create health or safety.hazards; or, The parcel is inconsistent with the General Plan and any applicable specific plan, other than minimum lot size or density standards. · 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance 1177 Page 3 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. The 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) 10 11 12 13 14 15 16 17 18 19 20 21' 22 23 24 25 26 27 28 Ordinanc Page 38 177 days of the conclusion 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 determination that the parcels shall not be merged, a release of the notice of intention to determine status shall be filed with the County Recorder by the Director within thirty (30) days after the commission's determination, and a clearance letter shall be delivered to the owner by certified mail. F. Appeal 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. G. Determination When No Hearing 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 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). H. · 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 Recorder 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 10 11 12 13 Ordinance 1177 Page 3 .~ Council resolution, by the subdivider or on the Department's own initiative, provided that: · No lots, units, or building sites or structures are added; · · The changes are consistent with the intent and spirit of the original tentative map approval; and, There are no resulting violations of the TuStin 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 t~act 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 originally processed for the applicable subdivision type. Any approved amendment shall not alter the expiration date of the tentative parcel or tract map. B. Final Maps 15 16 17 18 19 20 21 22 23 · · 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 necessary 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. 24 25 26 27 28 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 t© 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. 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinan¢ Page 40 177 o 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. 10 11 12 13 14 15 16 17 18 '19 20 21 22 23 24 25 26 27 28 OrdinaD~e 1177 Page 4 PART III DEDICATIONS, IMPROVEMENTS AND ENFORCEMENT 9331 Ao Dedications, Reservations and Development Fees 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 rights to any such street from any property within or abutting the subdivision. Upon acceptance of the dedication, such waiver shall become effective in accordance with its provisions. C. Dedications/Fee Title. 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ~28 · Ordinanc Page 42 177 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. 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance 1177 Page 4' (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 Per Gross Acre Average Persons Per Dwelling Unit Parkland Acres Per Dwelling Unit 0 - 7 3.25 .0098 7.1 - 15 2.73 .0082 15.1 - 25 2.15 .0065 Mobilehome Parks 2.15 .0065 Source: Tustin Genera[ Plan Land Use Etement 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 GovernmDnt Code Section 65450 et. seq., Disposition and Development Agreement in compliance with California Community Redevelopment Law,~ or other agreement. · Fees in lieu of dedication. When there is no public park or recreational facility required within the proposed subdivision, the subdivision is less than fifty (50) parcels, or the project is a conversion of an existing apartment complex to multiple- owner occupancy not exempted herein, the subdivider shall pay a park fee, on a per unit basis, reflecting the value of land required for park purposes. The value of the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required for dedication. The fair market value shall be determined by~ a Master Appraisal Institute (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 land would be fully developed to the residential density shown on the 10 11 12 13 14 15 16 Ordinanc 177 Page 44 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 t© the fair market value as determined by the MAI appraiser, an appeal may be made to the Planning Commission. The subdivider shall have the burden of proof in contesting the appraised value. Nothing in this Section shall prohibit the dedication and acceptance of land for park and recreation purposes in subdivisions of fifty (50) parcels or less, where the subdivider proposes such dedication voluntarily and the dedication and land is acceptable to the 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. 17 18 19 20 21 22 23 24 25 2~6 27 28 · · 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance 1177 Page 47 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; (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: ie "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 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 28 · Ordinanc Page 46 177 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 f'ifteen (15) square feet of water surface area for each three (3) percent of the population of the subdivision with a minimum of eight hundred (800) square feet of water surface area per pool, together with an adjacent deck and/or lawn area twice that of the pool. 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 requi~ed 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. 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 · Ordinance 1177 Page 4' 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: 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. 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. (b) Determination~ When land is proposed to be dedicated, the Planning Commission shall determine the appropriateness of the land to be dedicated based upon the following: ie The conservation/Open Space/Recreation Element of the City's General Plan; and ii· The topography, geology, access and location of land in the 'subdivision available for dedication; and 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 .24 25 26 27 28 · Ordinanc ~.77 Page 48 land improved, 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 9331.D.2 (Standards and Formula 'for Land Dedication) unless the subdivider voluntarily agrees. On subdivisions involving fifty (50) lots or less, only the payments of fees shall be required. Responsibilities and Enforcement. (a) It is the responsibility of each property owner who proposes to create residential building sites t° 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. (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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OrdinaD~e 1177 Page 4 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 stati°n, 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 speci.fic plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically infeasible. The reserved area shall be consistent with the General Plan or the adopted specific plan and shall 'be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period. 3. Procedure. The public agency for whose benefit an area has been reserved shall, at the time of approval of the final map 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinanc Page 50 177 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. 5. Termination. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement in accordance with this section, the reservation of the area shall automatically terminate. F. Local Transit Facilities. As a condition of approval of a tentative map, the subdivider may be required to dedicate, or make an irrevocable offer of dedication, of land within the subdivision for local transit facilities such as shelters, benches, bus turnouts, landing pads, park-and-ride facilities, and similar items which directly benefit the residents of the subdivision, if (a) the subdivision as shown on the tentative map has the potential for two hundred (200) dwelling units or more if deVeloped to the maximum density'shown on the General Plan or contains one hundred (100) acres or more, and (b) if the City finds that transit services are or will, within a reasonable time period, be made available to the subdivision. The 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. G. Bridges and Major Thoroughfares. l® 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: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 · · Ordinance 1177 Page 5' (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. Payment of Fees Generally. (a) Prior to filing a final map which includes land within.an area of benefit established pursuant to this division, the subdivider shall pay.or cause to be paid any fees established and apportioned to such property pursuant to this section for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways or canyons or constructing major thoroughfares. (b) At the time a building permit is issued for construction on any property within an area of benefit established pursuant to this section, the applicant for such permit shall pay or cause to be paid any fees established and apportioned pursuant to this section for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways or canyons .or constructing major thoroughfares, unless such fees have been paid pursuant to Subsection (c)(1) ,of this section. (c) Notwithstanding the provisions of Subsections (3) (a) and (3) (b) of this section: ie 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 · · · · Ordinanc Page 52 !77 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. · 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 provisions of Subsection (6), payment of such fees shall not be required for: (a) The use, alteration or enlargement of an existing building or structure or the erection of one (1) or more buildings or structures accessory thereto, .or both, on the same lot or parcel of land; provided that the total value, as determined by the Building Official, of all such alteration, enlargement or construction completed within any one (1) year Period does not exceed one-half (1/2) of the current market value, as determined by the Building Official, of all existing buildings on such lot or parcel of land, and the alteration or enlargement of the building is not such as to change its classification of occupancy as 'defined by applicable Sections of the 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 accessory to one (1) family or two (2) family dwellings. 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 r¸24 25 26 27 28 Ordinance 1177 Page 5' 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. o As a condition of approval of a tentative map, there may be imposed a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the public. However, when such supplemental size, capacity, number or length is solely for the benefit of property not within the subdivision, the City shall, subject to the provisions of Sections 66486 and 66487 of the Subdivision Map Act, enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision'only and the actual cost of such improvements. · 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: 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ie Jo Ko Ordinanc, !77 Page .54 (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. · 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: ie Public education in the primary and secondary grades is provided in the City by the Irvine, Santa Ana, and Tustin Unified School Districts. 10 11 12 13 14 15 16 17¸ 18 19 20 21 22 23 24 25 26 27 28 · · · · Ordinance 1177 Page 5' 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. 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 set 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. Mitigation Measures. (a) The City Council may require, as a condition of approval of new development within the attendaDce 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-Accountinq. (a) The School Districts shall use the land and/or fees solely to alleviate the conditions of overcrowding within the affected attendance area. Ordinanc 177 Page 56 (b) The School Districts shall annually provide to the City council the report required by Section 65978 of the Government Code. · 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. L. Permanent Classroom Facilities. The City may not require, as a condition of approval of a tentative 9 map for a residential subdivision, dedication of land or payment of in-lieu fees or a combination of both in order to provide permanent 10 facilities for school purposes. Nothing in this Chapter is intended as a limitation on the School Districts' authority to 11 directly levy a fee, charge, dedication 'or other form of requirement against any development project, pursuant to Section 12 53080 of the Government Code, in order to provide temporary and permanent facilities for school purposes. 13 M. Reimbursement to a Telephone Corporation or Cable Television 14 System for Undergrounding or Relocation. 15 Whenever the City imposes as a condition to its approval of a tentative map or a parcel map a requirement that necessitates 16 replacing, undergrounding, or permanently or temporarily relocating existing facilities of a telephone corporation or cable television 17 system, the subdivider shall reimburse the telephone corporation or cable television system for all costs for t~e replacement, 18 undergrounding, or relocation. All. these costs shall be billed to the subdivider directly by the telephone corporation or cable 19 television system after they are incurred, and shall include a credit for any required advance payments and for the salvage value 20 of any facilities replaced. In no event shall the telephone corporation or cable television system be reimbursed for costs 21 incurred in excess of the cost to replace the facilities with substantially similar facilities. In no event shall the City be 22 obligated to pay.such reimbursement. 23 24 25 9332 Improvements A.. General. The subdivider shall construct all required improvements, both on 26 and off-site, in accordance with the standard engineering specifications and other approved standards as provided by this 27 Chapter and by the City Council's resolution or resolutions establishing such standards. 28 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinanc~ 1177 Page 5' 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. Required Improvements. i · 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. · Utilities - Each unit or lot within the subdivision'shall be served by gas, electric, telephone and cablevision facilities. o Un4erground 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 · · Ordinanc Page 58 ~.77 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: i· 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. (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. 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. 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. · Ordinano. e 1177 Page 5 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. 10 C. Deferred Improvement Agreements. 11 1. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 D. 27 28 · Ordinanc Page 60 177 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. (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. 0 General - The design and layout of all required improvements, both on and off-site, private and public, shall conform to generally accepted engineering 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinanc~e 1177 Page 6' standards, standard engineering specifications, and Subdivision Map Act and applicable provisions of this Code. · 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 d° not apply to condominium projects which consist of the subdivision of airspace in an existing building and no new structures are added. '~ For the purpose of this Subsection, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. · 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. This Subsection shall not apply to the conversion of existing dwel 1 ing 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 Ordinanc 177 -- Page 62 1 streets shall not normally be permitted. However, if the City 2 Council determines that the most logical development of the land requires that lots be created with access to private streets, such 3 a development may be approved. The subdivider shall submit a development plan showing the alignment, width, grade, and material 4 specifications of any proposed public or private street, the topography and means of access to each lot, and~the drainage, sewer 5 and water service and fire protection for the lots served by such private street(s). Private street(s) shall be constructed in 6 accordance with standard engineering specifications and any other applicable plans and specifications of the City as approved by the 7 Director of Community Development. Construction of Private street(s) shall be completed prior to the completion of the 8 construction and/or occupancy of the lots. The subdivider shall be required to provide a feasible methOd for the maintenance of such 9 private streets, Which method shall be subject to the prior approval of the Director of Community Development. 10 Reserved strips, .or non-access at the· end. of streets or at the 11 boundaries of subdivisions, shall be dedicated unconditionally to 12 the City when required by the City. Go Improvement Plans. 14 15 i · 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. 16 17 Improvement plans shall include, but shall not be limited to, all improvements required pursuant to Section 9310.02. ' 18 19 20 · 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. 21 22 A City of Tustin pUblic Works Department Engineering Division Title Block shall be placed in the lower right corner of each sheet. 23 24 25 26 27 28 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 · · Ordinance 1177 Page ¢ 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. 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. · Supplementary Plans an4 Calculations - Hydrology, hydraulic plans and calculations, bond or other security estimates and any structural calculations as may be required, shall be submitted with the improvement plans to the City Engineer. Ail 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. 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. · 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. Upon finding that any required revisions have been made and that the plans conform to all .applicable City 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 · Ordinanc Page 64 177 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. Approval ofthe 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 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance 1177 Page 6 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: i · 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. · Completion of improvements within the time specified by Section 9310.10. · · · Right of the City to modify plans and specifications and to require the subdivider to pay for modifications. Warranty by the subdivider that construction will not adversely affect any portion of adjacent properties. Payment of inspection fees in accordance with the City's resolution. · · · · Payment of in-lieu fees for undergrounding of utilities of peripheral streets. Payment of planned drainage facility fees. Improvement security as required by Section 9310.08. ., 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 legal action or other proceeding arising from 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. 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 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 28 · · Ordinanc · 177 Page 66 accordance with Section 66499 et seq. 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. 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 corporate sureties must be admitted sureties. 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. 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. (c) Ail utility installation costs or a certification acceptable to the City Engineer from the utility 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 · · · · Ordinance 1177 Page 6- 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. Warranty Security - Upon acceptance of the subdivision improvements by the City, the subdivider shall provide security in the amount as required by the City Engineer to guarantee the improvements against any defective work or labor done or defective materials .used in the performance of the improvements throughout the warranty period which shall be the period of one (1) year following acceptance of the improvements. The amount of the warranty security shall not be less than ten percent (10%) of the cost of the construction of the improvements, including the cash bond which shall be retained for the one (1) year warranty period. Reduction in Performance Security - The City Engineer may authorize in writing the release of a portion of the security in conjunction with the acceptance of the satisfactory completion of a part of the improvements as the work progresses upon application by the subdivider, but in no case shall the securitY be reduced to less than ten percent (10%) of the total improvement security giYen 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. 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 Ordinanc Page 68 177 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: ' i® Ail deficiencies appearing on the warranty deficiency list for the subdivision have been corrected. 10 11 ii. Not less than twelve (12) months have elapsed since the acceptance of the improvements by the City. J. Construction and Inspection. The construction methods and materials for all improvements shall 12 conform to the standard engineering specifications and all other 13 standard plans and specifications of the City· ' Construction shall not commence until all required improvement 14 plans have been approved· All improvements are subject to inspection in accordance with the City's approved specifications 15 · K. Completion of Improvements. 16 " 17 18 19 20 · 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. 21 22 23 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. 24 25 26 27 28 · 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 L. · Ordinance 1177 Page 6 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. 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 enterinto a subdivision improvement agreement extension with the City. In consideration of a subdivision improvement agreement extension, the following may be required: (a) Revision of improvement plans to provide for current design and construction standards when required by the city Engineer; (b) Revised improvement construction estimates to reflect current improvement costs as approved by the City Engineer; (c) Increase of improvement securities in accordance with revised construction estimates; .~ (d) .Inspection fees may be increased to reflect current construction costs but shall not be subject to any decrease or refund. · 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9333 ao .2. · Ordinanc ~.77 Page 70 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. 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. Acceptance of a Portion of the Improvements - When requested by the subdivider in writing, the City Engineer may consider acceptance of a portion of the improvements. Such improvements will be accepted by the City Engineer only if the City Engineer finds that it is in the public interest to do so and such improvements are for the use of the general public. Acceptance of a portion of the improvements shall not relieve the subdivider from any other requirements imposed by this article. Enforcement Prohibition No person shall sell, lease, or finance any parcel Dr 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. · Nothing contained in subsection (a) shall be deemed to prohibit an offer or contract to sell, lease or finance 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance 1177 Page 7 real property or to construct improvements thereon where such sale, lease or financing, or the commencement of such construction, 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. Remedies · 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. · 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. · 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinanc Page 72 177 or sale, lease, or financing in violation of the Subdivision Map Act or the Subdivision Code. · 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 division of the property. If a conditional certificate of compliance has been filed for record, only those conditions stipulated in that certificate shall be applicable. 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. · 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. · 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance. 1177 Page 7: 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 shalI 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. · 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. 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, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinan, .177 Page 74 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. 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. G. 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. Ordinanc~ 1177 Page 7' 1 ,'Government Code" shall mean the Government Code of the State 2 of California. ,,Improvement" shall mean streets, sidewalks, storm drainage facilities, water and sewer facilities, utilities, landscaping to 4 ~e installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways and 5 easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and acceptance of 6 the final map thereof. ,,Improvement" shall also mean other specific improvements or types of improvements, the installation of 7 which, either by or by a combination of, the subdivider, public agencies, private utilities, or any other entity approved by the 8 City, is necessary to ensure consistency with, or implementation of, the General Plan, or any applicable specific plan. 9 Improvements shall be constructed in accordance with standard engineering specifications, where applicable. 10 ,,Leqislative Body" shall mean and refer to the City Council of 11 the City of Tustin. 12 "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, 13 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 14 effect at the time of.such approval, for the purposes of sale, lease, or financing. 15 "Lot Line Adjustment" shall mean a minor shift or rotation of 16 an existing lot line or other adjustment~where a greater or fewer number of parcels than originally existed is not created. 17 "MerGer" shall mean the joining of two (2) or more contiguous 18 parcels of /and under one ownership into one (1) parcel. 19 "Parcel" See "Lot". 20 "Parcel MAR" shall mean a map showing a subdivision of four (4) or less parcels as required by the Subdivision Map Act and this 21 Chapter, prepared in accordance with the provisions of the Subdivision Map Act and this Chapter and designed to be filed for 22 recordation in the office of the County Recorder. 23 "Park" shall mean a parcel, or contiguous parcels of land which is owned, operated, and maintained by a public agency or 24 private association and which provides recreational land and facilities' for the benefit and enjoyment of the residents and 25 visitors of the City. The city of Tustin designates parks in the following classifications: 26 "Park - Community, shall mean thOse parks that Serve a minimum 27 population of ten thousand (10,000) and are generally eight (8) acres in size, or more, excluding greenbelts and school .grounds. 28 TypicaI facilities include community centers, athletic facilities, Ordinan~ '.177 Page 78 1 large multi-use swimming pools, picnic areas or cultural centers. 2 "community parks" are owned and maintained by the City and serve residents of the entire City. 3 "Park - Neighborhood Private" shall mean those parks that 4 serve the immediate subdivision or development or specific neighborhood in which they are located and are a minimum of one (1) 5 acre in size. Typical facilities include passive and active play areas, swimming pools, spas, tennis courts and club houses. 6 "Private neighborhood parks" are owned and maintained by a homeowner's association. 7 "Park -Neiqhborhood Public" shall mean those parks that serve 8 a minimum population of two thousand five hundred (2,500) and are a minimum Of three (3) acres in size, excluding greenbelts and 9 school grounds. Typical facilities include active and passive open space, playground equipment, sports fields and picnic areas. 10 "Public neighborhood parks" are owned and maintained by the City 11 and serve residents of the entire City. "Park Improvements - Extraordinary,, shall mean park and 12 recreation'improvements over and above those minimum improvements described in Subsection (z) above and may include, but not be 13 limited to, playground equipment, picnic facilities, 'community centers, sports fields, swimming pools and tennis courts 14 ' - "Park ImDrovements - Minimum" shall mean any public 15 improvement as deemed necessary by the City to develop land.for park and recreation facilities, and may include, but not be limited 16 to, grading, automatic irrigation systems, adequate drainage, lawn shrubs, trees, concrete walkways and walkway lighting 17 - "Person" shall mean any individual, firm, partnership, joint 18 venture, association, club, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, 19 the County, this and any other City or county, municipality, district, or other political subdivision, or any other group or 20 combination acting as a unit. 21 "Planning Commission,, shall mean and refer to the Planning 22 Commission of the City of Tustin as established by City Ordinance. "Remainder', shall mean that portion of an existing parcel 23 which is not designated on the required map as part of the subdivision. The remainder shall not be considered as part of the 24 subdivision but shall b~ shown on the required map as part of the area surrounding the subdivision. A remainder of five (5) acres or 25 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 26 existing boundaries of the remainder. 27 "Right-of-Way" shall mean a specifically defined area or strip of land, either public or private, on which an irrevocable right of 28 passage or use has been recorded.' Ordinanc~ 1177 Page 79 1 "Standard Enqineering Specifications" shall mean those 2 standard subdivision public improvement plans and specifications as prepared and/or approved by the City Engineer and those standard 3 subdivision private improvement plans and specifications as prepared and/or approved by the Director of Community Development. 4 "Stock Cooperative" shall be defined as provided in Section 5 1351 of the civil Code. 6 "Street - Collector" shall mean a street, intermediate in importance between a local street and either a major or secondary 7 thoroughfare, which has the purpose of collecting local traffic and carrying it to a thoroughfare. 8 "Street - Peripheral" shall mean an existing street whose 9 right-of-way is contiguous' to the exterior boundary of a subdivision. 10 "Street - Private" shall mean any street, access way, or the 11 like, lying in whole or in part within a subdivision for which dedication and ownership is privately held and is utilized as 12 access to a development. Private streets shall be constructed in accordance with standard engineering specifications. 13 14 "Street - Public" shall -mean any duly dedicated street, avenue, or the like which the City has accepted and regularly 15 maintains, or which the County duly accepted and regularly maintained prior to the incorporation of the City, or upon which 16 public funds have been expended for improvements or rights-of-way used by the public generally. 17 "Subdivider" shall be as' defined in the Subdivision map Act. 18 ,,Subdivision" shall be as defined in the Subdivision Map Act. 19 ,,Subdivision Map Act" shall mean the Subdivision Map Act of 20 the State of California as provided in Government Code Sections 66410 e~ seq., inclusive. 21 Section 3 Severability. 22 If any section, subsection, sentence, clause, phrase or 23 portion of this ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of 24 .competent jurisdiction, such decision shall not affect the validity, of the remaining portions of this ordinance. The 25 city Council of the City.of tustin'hereby declares that it would have adopted this ordinance and each section, 26 subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, 27 subsections,, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. 28 Ordinanc 177 ' Page 80 PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 18th of February 1997. TRACY WILLS WORLEY Mayor 6 PAMELA STOKER City Clerk 7 STATE OF CALIFORNIA ) 8 COUNTY OF ORANGE· ) CITY OF TUSTIN ) 9 SS 10 11 CERTIFICATION FOR ORDINANCE NO. 1177 12 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the 13 whole number of the members of the City Council of the City of 14 15 16 17 18 19 20 21 22 . 23 24 25 26 27 28