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HomeMy WebLinkAboutORD FOR ADOPTION 06-16-86~TE: June 16, 1986 ~lRDINANCES FOR ADOPTION 3. 1 6-16-86 Inter-Corn TO: FROH: SUBJECT: Wtlliam A. Huston, City Manager Mary E. Wynn, City Clerk AOOPTION OF OROINANCE NO. 971 RELATIVE TO ESTABLISHING REGULATIONS FOR TENTATIVE MAPS RECOMMENDATION: M. O. - That Ordinance No. 971 have second reading by title only. M. O. - That Ordinance No. 971 be passed and adopted. (Roll Call Vote) BACKGROUND: Ordinance No. 971 had first reading by title only and introduction at the June' 2, 1986, City Council meeting. 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 9.5 27 28 ORDINANCE NO. 971 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING THE AMENDMENT OF SECTION 9311 OF THE TUSTIN CITY CODE AND ESTABLISHING REGULATIONS FOR VESTING TENTATIVE MAPS FOR RESIDENTIAL SUBDIVISIONS The City Council of the City of Tustin, California, does hereby ordain as follows: Section 1. That Section 9311 of the Tustin City Code is hereby amended to add the following: "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. Section. 2. That Section 9361.5 is hereby added to the Tustin City Code: 9361.5 Processing of Vesting Tentative Maps. The processing and expiration date of Vesting Tentative Maps shall be in accordance with those procedures set forth for processing tentative maps pursuant to Tustin City Code Section 9361. Section 3. That Section 9364 of the Tustin City Code is hereby amended to add the following: 9364(g) 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 66498.8(b), the subdivider' shall pay an additional $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. Section 4. That the Subdivision Ordinance of the Tustin City Code is hereby amended to add the following: PART 3.5 VESTING TENTATIVE MAPS 9335.1 AUTHORITY. This Part is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title ? of the Government Code of the State of California (hereinafter referred to as the Vestin9 Tentative Map Statute), and may be cited as the Vesting Tentative Map Ordinance. 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Ordinance No. 971 Page two 9335.2 9335.3 9335.4 9335.5 Intent and purpose It is the purpose of this Part to establish procedures necessary for the implementation 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 preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development. Consistency No land shall be subdivided' and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the General 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 applicable provisions of the Tustin City Code. Application a.) This Part shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the Subdivision Ordinance, requires the filing 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 construction, or work preparatory to construction. 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 g382 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 information in addition to the information required by Sections 9330 and 9331 of the Subdivision Ordinance: 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 971 Page three 1.) 2.) The location and outline to scale of each proposed building, including its proposed height, width, length and size. If the proposed building will occupy space presently occupied by an existing building, the proposed building shall be shown on an accompanying map identical to the vesting tentative map, except for the inclusion of the proposed building in place of the existing building. Proposed water and sewer systems to be installed in the development, including the size, quality, capacity and location of equipment to be used to deliver such services. 3.) Specific and detailed preliminary grading plans for the proposed development. 4.) The location and size of all fire hydrants located within 500 feet of any portion of the subdivision. 5.) 6.) 7.) 8.) g.) A layout of adjoining unsubdivided property, in sufficient detail to show the effect of proposed streets that may intersect such property. The location of any previously filled areas within the subdivision. A flood hazard report to the City. All private streets/structural sections shall be designed by a registered Civil or Soils Engineer and shall be designed to a 20 year design life. An environmental assessment statement and/or input for a draft environmental impact report, pursuant to the California Public Resources Code Section 21,000 et. seq., as determined by the Director of Community Development. 10.) Any other data or reports deemed necessary by the Director of Community Development or the City Engineer. 11.) The Department of Community Development may waive any of the foregoing when such is not necessitated by the nature of the subdivision of land. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 971 Page four 9335.6 9335.7 9335.8 12.) In the case of a subdivision to be created from the conversion of a mobile home park to another use, the vesting tentative map shall additionally be accompanied by a report on the impact of the conversion upon the displaced residents of the mobile home park to be converted. Such report shall be made in accordance with Government Code Section 66427.4. Zoning Approvals Prior to Map Approval Prior to granting approval of a vesting tentative map, the Community Development Department may require the applicant to first obtain prior to, or concurrent with the tentative map any design of architectural review approval, use permit, variance zoning or any other approval that may be required under the Zoning Ordinance of the City of Tustin or elsewhere with respect to the proposed development. Amendment to Vesting Tentative Map At any time prior to pursuant to Section subdivider or owner tentati ye map. the expiration of the vesting tentative map 9361 (d) of the Subdivision Ordinance, the may apply for an amendment to the vesting Vesting On Approval of Vesting Tentative Map a.) 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 described in Government Code Section 66474.2. However, if Section 66474.2 of the Government 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 year. Where several final maps are recorded on various phases of a project covered by a single vesting tentaive map, this initial period shall begin for each phase when the final map for that phase is recorded. 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 971 Page five 9335.9 9336 2.) The initial time period set forth in subsection (b) (1) shall be automatically extended by any time used for processing a complete applicaton for a grading permit or for design or architectural review, if such processing exceeds thirty days from 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 9335.6. 3.) A subdivider may apply for a one year 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 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 9335.8 (b) (1) and (2), the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. Effect of Inconsistent Zoning Regulations Whenever a subdivider or owner files a vesting tentative map for a subdivision or building site whose intended development is inconsistent with any regulations contained in the Zoning 0rdinahce of the City of Tustin, that inconsistency shall be noted on the vesting tentative map. The advisory agency may deny such a vesting tentative map or approve it conditioned upon the applicant obtaining the necessary change in the Zoning Ordinance of the City of Tustin to eliminate the inconsistency. If such change is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding the provisions of Section 9335.8, 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, as approved. The rights conferred by this Section shall continue for the periods of time specified in subsection 9335.8 (b) of this Part. Applications Inconsistent with Current Policies Notwithstanding any provision of this Part, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in Sections 9335.8 (a) and 9335.9, and local agencies may grant these approvals or issue these permits to the extent, that the departures are authorized under applicable provisions of the Code. 1 2 3 4 5 6 7 8 -! 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 971 Page six 9336.1 Compliance with Other Laws 1.) Nothing in this article shall enlarge, diminish or alter the types of conditions which may be imposed by the City of Tustin on a development, nor in any way diminish or alter the power of the .City to protect against a condition dangerous to the public health or safety. 2.) Nothing in this article shall remove, diminish, or affect the obligations of any subdivider or owner to comply with the conditions and requirements of any state or federal law regulation or policy. PASSED AND ADOPTED by the City Council of the City of Tustin, California, this day of , 1986. DONALD J. SALTARELLI, Mayor MARY E. WYNN, CITY CLERK TO: William A. Huston, City Manager FROM: Mary E. Wynn, City Clerk SUBJ[CT: AJ)OPTION OF ORDIKANCE NDj g72 RELATIVE TO ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 7 RECOMMENDATION: M. O. - That Ordinance No. 972 have second reading by title only. M. O. - That Ordinance No. 972 be passed and adopted. {Roll Call Vote) BACKGROUND: Ordinance No. 972 had first reading by title only and introduction at the June 2, 1986, City Council meeting. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 2O 21 22 23 24 25 26 27 28 ORDINANCE NO. 972 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 7, NEWPORT AVENUE, AND DECLARING ITS INTENTION TO ORDER THE CONVERSION WHEREAS, by Resolution No. 86-59 a public hearing was called for June 2, 1986, at the hour of 7:00 p.m. in the Council Chambers of the City of Tustin, California, to ascertain whether the public necessity, health, safety, or welfare requires the removal of poles, overhead wires and assocSated structures and the underground installation of wires and facilities for supplying electrical, cOmmunication, or similar or associated service, within that certain area of the City of Tustin more particularly described in the legal description and shown on a map marked Exhibit "A" attached hereto. WHEREAS, notice of such hearing has been given to all affected property owners, if any, as such are shown on the last equalized assessment roll and to all utilities concerned in the manner and time required by law; and WHEREAS, such hearing has been duly and regularly held and all persons interested have been given an opportunity to be heard. NOW, THEREFORE, the Council of the City of Tustin does hereby ordain: I. The Council hereby finds and determines that the public necessity, health, safety and welfare require the removal of poles, overhead wires and associated structures, 1) to eliminate concentrations of overhead distribution facilities, 2) to clear streets used extensively by the general public, which carry a heavy volume of vehicular traffic, and to clear streets which pass through a civic area, and the underground installation of wires and facilities for supplying electric, communication or similar or associated service in the underground district described in Exhibit "A" attached hereto and made a part hereof by this reference, and pursuant to the provisions of Ordinance No. 411 of the City of Tustin, such area is hereby established as Underground Utility District No. 7, Newport Avenue. II. The City Council hereby declares its intention to order the conversion. III. The Council does hereby fix June 16, 1987, as the date on which affected property owners, if any, must be ready to receive underground service and does hereby order the removal of all poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar or associated service within Underground Utility District No. 7, Newport Avenue, on or before June 16, 1987. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 IV. The City Clerk is hereby instructed to notify all affected utilities and all persons owning real Property, if any, within Underground Utility District No. 7, Newport Avenue, .of the adoption of this ordinance within ten (10) days after the date of such adoption. Said City Clerk shall further notify said property owners, if any, of the necessity that, if they or any person occupying such property desire to continue to receive electric communication or other similar or associated service, they or such occupant shall, by the date fixed in this ordinance, provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Public Utilities Commission of the State of California. Such notification shall be made by mailing a copy of this ordinance together with a copy of said Ordinance No. 411, together with a statement that the City Engineer's Report containing details of the district is available for inspection by the public in the office of the City Clerk, to all affected property owners as such are shown on the last equalized assessment roll and to all utilities affected by this ordinance. PASSED AND ADOPTED at a regular meeting of the City Council held on the day of , 1986. MAYOR ATTEST: CITY CLERK Publish in Tustin News: June 12, 1986 LEGAL DESCRIPTION OF NEWPORT AVENUE UNDERGROUND UTILITY DISTRICT NO. 7 IN THE CITY OF TUSTIN, CALIFORNIA EXHIBIT "A" All that land in the City of Tustin, County of Orange, State of California, described as follows: Beginning at the point of intersection of the centerlines of Newport Avenue and Bryan Avenue; Thence, northeasterly along said centerline of Newport Avenue a distance of 325.00 feet to a point; said point being the true point of beginning; Thence, leaving said centerline of Newport Avenue, northwesterly at right angles a distance of 62.00 feet to the point of intersection with a line parallel to and 62.00 feet northwesterly of, as measured at right angles from, said centerline of Newport Avenue, said point also being a point on the existing northwesterly right-of-way line of Newport Avenue; Thence, northeasterly along said parallel line and northwesterly right-of-way line, a distance of 1,502 feet more or less to an angle point in said northwesterly right-of-way line; Thence, leaving said parallel line, continuing northeasterly along said northwesterly right-of-way line a distance of 195 feet more or less to the point of intersection with the southerly right-of-way line of Irvine Boulevard, said southerly right-of-way line being 50.00 feet southerly of, as measured at right angles from, the centerline of Irvine Boulevard; Thence, leaving.said right-of-way lines, continuing northeasterly a distance of 115 feet more or less to the southeasterly corner of Tract No. 8475; Thence, northeasterly along the easterly boundary of said Tract No. 8475, a distance of 579.8 feet more or less to the point of intersection with the southerly line of Lot 10 of the Vanderlip and Rowen tract; Thence, of Lot 11 of to the point Avenue, said right angles easterly along said southerly line of Lot 10 and the southerly line said Vanderlip and Rowen tract, a distance of 532 feet more or less of intersection with the northwesterly right-of-way line of Newport right-of-way line being 50.00 feet northwesterly of, as measured at from, the centerline of Newport Avenue; Thence, northeasterly along said northwesterly right-of-way line a distance of 345 feet more or less to a point; Thence, leaving said northwesterly right-of-way line, southeasterly at right angles, a distance of 100.00 feet to the point of intersection with the southeasterly right-of-way line of said Newport Avenue; said southeasterly right-of-way line being parallel to and 50.00 feet, as measured at right angles from, the centerline of Newport Avenue; Thence, southwesterly along said southeasterly right-of-way line, a distance of 549.3 feet more or less to an angle point; Thence, continuing along said southeasterly right-of-way line, southeasterly a distance of 28.3 feet more or less to the point of intersection with the northeasterly right-of-way line of Old Irvine Boulevard; said northeasterly right-of-way line being parallel to and 40.00 feet northeasterly of, as measured at right angles from, the centerline of Old Irvine Boulevard; Thence, leaving said southeasterly right-of-way line of Newport Avenue, southwesterly at right angles to said northeasterly right-of-way line of Old Irvine Boulevard a distance of 100.0 feet more or less to an angle point in the existing southeasterly right-of-way line of Newport Avenue; Thence, northwesterly along said southeasterly right-of-way line of Newport Avenue a distance of 22.4 feet more or less to an angle point in said southeasterly right-of-way line of Newport Avenue, said angle point being a point on a line parallel to and 50.00 feet, as measured at right angles from, the centerline of Newport Avenue; Thence, southwesterly along said southeasterly right-of-way line of Newport Avenue and said parallel line, a distance of 322.8 feet more or less to the beginning of a tangent curve concave southeasterly and having a radius of 1,150.00 feet; Thence, southwesterly along the arc of said curve, through a central angle of 09°22'00'' an arc distance of 188.00 feet to the beginning of a tangent reverse curve concave northwesterly and having a radius of 1,250.00 feet; Thence, southwesterly along the arc of said curve, through a central angle of 09022'00'' an arc distance of 204.35 feet to a tangent line which is parallel to and 50.00 feet southeasterly of, as measured at right angles from, the centerline of Newport Avenue; . Thence, continuing along said parallel line and said southeasterly right-of-way line of Newport Avenue, southwesterly a distance of 843.7 feet more or less to the northerly corner of Parcel 1 as shown on a map filed in Book 30, Page 13 of Parcel Maps, records of said Orange County; Thence, leaving said parallel line and said southeasterly right-of-way line, southeasterly along the northeasterly line of said Parcel 1, a distance of 180.00 feet to a point, said point being distant northwesterly 100.00 feet from the easterly corner of said Pacel 1; Thence, southwesterly along a line parallel to and distant 100.00 feet northwesterly of, as measured at right angles from the southeasterly line of said Parcel 1, a distance of 148.16 feet to a point on a non-tangent curve concave northeasterly and having a radius of 1,152.68 feet, said point also being a point on the existing northeasterly right-of-way line of First Street (80 feet wide); Thence, northwesterly along the arc of said curve and said northeasterly right-of-way line through a central angle of 04°30'14'' an arc distance of 90.61 feet to the beginning of a tangent line; Thence, northwesterly along said tangent line and said northeasterly right-of-way line and its northwesterly prolongation a distance of 39.5 feet more or less to the point of intersection with a line parallel to and distant 50.00 feet southeasterly of, as measured at right angles from, the centerline of Newport Avenue, said parallel line being the northeasterly prolongation of the southeasterly right-of-way line of said Newport Avenue; Thence, southwesterly along said parallel line and southeasterly right-of-way line a distance of 543.7 feet more or less to a point; Thence, northwesterly at right angles to said parallel line and southeasterly right-of-way line of Newport Avenue a distance of 50.00 feet to the true point of beginning.