HomeMy WebLinkAboutORD FOR ADOPTION 06-01-81o~itqm~avss FOR AL~YPT.[Oiq
No. 1
6-1-81
~SENDA ITEM:
ORDINANCE NO. 847
An Ordinance of the City Cokmcll of the City 'of 'Iklshin,
~ING ~II~'~i~R 3 OF ~ICLE 9 OF THE T[~TIN City CODE
~t0 SUt3DiVIS IONS
B AC~{G P~UNFD:
Ordinance Ne. 847 had firsh reading by title only and intrc~A~ctLon at
the b%~y 18, 1981 meeting.
t<ECONT, tENDATION:
M. O. - That Ordinence No. 847 have second reading by fitly only.
M. O. - 'l-hat Ordinance No. 847 ~e passed su~d adopted.
(Roll Cl~ll Vete)
ORDINANCE No. 847
The City Council of the City
Chapter 3 of Article 9 of the
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA
AMENDING CHAPTER 3 OF ARTICLE 9 OF
THE TUSTIN CITY CODE PERTAINING TO
SUBDIVISIONS
of Tustin, California, ordains as follows:
Tustin City Code is amended to read as follows:
CHAPTER 3
SUBDIVISIONS
PART 1 GENERAL
9310 ADOPTION OF THE SUBDIVISION ~P ACT
For the purpose of prescribing regulations for the improvement, design, and control
of the division of land within the boundaries of the City of Tustin,the Subdivision
Map Act commencing at Section 66410 of the Government Code of the State of California
is hereby adopted by this reference and incorporated herein together with all
amendments to the Subdivision Map Act (hereinafter referred to as the "Act") which
may fr~ time to time be adopted as though fully set forth hereat together with the
amendments and provisions hereinafter set forth.
9311 DEFINITIONS (66414)
In addition to the definitions set out at Division 2, Chapter 1, Article 2 of the Act
commencing at Section 66414, the following definitions shall be applicable to this
Chapter:
"Advisory Agency" - The Plannin~ Commission and/or Planning Agency as
established by the City Ordinance shall be the advisory agency for review of
tentative and final maps.
"Appeal Board" - The City Council of the City of Tustin.
"Arterial Highway" - A thoroughfare not less than eighty feet in right-of-way
width that ~orms an important unit in the City, County or State highways
system, an~! sqown 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.
"Collector Street" - A thoroughfare ha,~i~ a width o~ ~loC less than sixty feet
of right-of-way width and of secondary importance in the City, County or State
highway system, and shown as a collector street on any general or specific
plan of streets and highways approved by the City Council.
"Final Map" - A map prepared in accorda~e v~ith tile provisions of this Chapter
and designed to be placed on record in the office of the County Recorder.
"Freeway" - A thoroughfare which provides for the movement of traffic in
opposite directions on either side of a dividing island and which has no
crossing at grade, no access from abutting property and is designed for
through traffic and shown as a freeway on any master plan of streets and
highways approved by the City Council.
"Local Street" - A street of minor importance in the City, County or
State highway system, and intended wholly or principally for local traffic.
"Map Act" or "Act" - The Subdivision Ilap Act of the State of California, commencing
with Section 66410 of the Government Code.
!'Owner" - The individual, firm association, syndicate, partnership or corporation
having sufficient proprietary interest in the~land sought to be ~ubdivided to ·
commence and maintain proceedings to subdivide the same under this Chapter, and while
used herein in the masculine gender and singular number, it shall be deemed to mean
the feminine and neuter gender and plural number whenever required.
Draft Ordinance
Chapter 3
Page -2-
"Parcel Map" - A map prepared and submitted for any subdivision creating 4
parcels or less and for those subdivisions containing 5 or .more parcels under
those conditions contained in Section 66426 of the Map Act.
"Planning Agency" - The Planaing Agency shall be the Planning Commission, City
Council, or Community Development Department, as now or hereafter designated
by Ordinance of the City Council pursuant to Section 65100 of the Government
Code.
"Planting Strip" - A strip of land adjacent to a freeway, major highway or
scenic highway, reserved for a planting screen for the purpose of providing a
protective buffer between the public right of way and adjoining property and
of controlling access to the public right of way.
"Private Street" - Any parcel of land not dedicated as a public street and
used or intended to be used for ingress to or egress from a lot or lots
which may or may not have frontage on a public street.
"Scenic Highway" - A highway beautified by plantings for the pleasure of those
who use it, with sign controls, and shown as a scenic highway on any general
or specific plans of streets and highways approved by the City Council.
"Service Road" - That portion of an arterial highway lying outside of the
principal roadway thereof, separated there from by a dividing island and
providing ingress to and e~ress from abutting property.
"Staff" - The City Engineer, Community Development Director and/or department
heads of the City of Tustin.
9312 POWERS AND DUTIES OF THE PLANNING AGENCY
The Planning Agency shall review and recommend to the City Council the
recommended actions, findi~gs, and conditions pertine~qt to the application for
a divisi~)n ? 1.~nd pu~a~.t t'~ t"';)s cha'~t~:r.
9313 POWERS AND DUTIES OF THE CITY COUNCIL
The City Council shall hav~ the final approving authority for the di./ision of
land and su'~divisioqs as specified by la~v aF)d by ti~is chapt.:r and ,.~poq alt
matters ~iled as an appeal froh~ the decision of scarf and/or advisory agency.
9314 EXCEPTIONS (66412)
In addition to the exclusi~qs from application of the flap Act specified
therein, the require~ne~ts ~f t;~is chapter shall be inapplicable to
subdivisions of four parcels or less for construction of removeable commercial
buildings having a floor area of,less than 100 square feet. (66412.5)
9315 APPEALS (66452.5d)
(a) An appeal may be made to the City 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 15 days after such decision or
requirement is made.
Draft Ordinance
Chapter 3
Page -3-
{b) 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 filin~ fee and filing of an appeal pursuant to the requirements
for notice and public hearing as specified by the Zoning Ordinance for appeals
to the City Council. Such public hearing shall be held within 30 days after
the date of filing the appeal.
(d) Upon conclusion of the hearing, the City Council shall within 7 days,
declare its findings based upon the testimony and documents produced before it
or before the Planning 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.
PART 2
9320 MAP REQUIREMENTS (66425-66431)
In addition to the requirements of
Site Plan, Elevations and Landscapi
review pursuant to Section 9272 of
MAPS - GENERAL
the Act, the subdivider shall submit the
ng for the subdivision to the City for
the Tustin City Code for design review.
9321 PARCEL MAP REQUIREMENT (66428)
A Parcel Hap shall be required for all subdivisions, including the conversion
of fewer than five existing dwelling units to a stock cooperative, as defined
in Section !tO0~,2 ~ the B~J~ine$~ and Professions Code, as to which a final
on Parcel '~ap is ~o~ ~,~a~"~ ~quir~ ~y Division 2, Chapter 2 o~ the Act
except that a parcel map may be waived by the Planning Agency subject to the
following procedures:
~ ' .,.jhd~,~ider, with drawings and
a. z~ tentati~,e ~qaD ~s filed hy the ~'. '
.... q)J~,~ ~ as ~ay ~e required by the Agency to substantiate
required findi~l~s.
b. The Plannin~ Agency finds and determines that the proposed division
of land complies with the requirements of the City as to:
2.
3.
4.
5.
6.
?.
8.
area
improve,nent and design
floodwater drainage control
appropriate improved public roads
sanitary disposal facilities
water supply availability
environmental protection
all other requirements of the Subdivision ~tap Act
Draft Ordinance
Chapter 3
Page 4
c. Required dedications or irrevocable offers of dedication shall be
n~de by deed.
PART 3 - TENTATIVE MAPS
9330 CONTENT AND
The content and form o? tentative maps shall be governed by the provisions of
this chapter and shall be prepared in accordance with the following criteria
unless said requirements are specifically waived by the city:
(a) Map Size
a. The minimum map size shall be 18"x26"
b. The maximum map size shall be 36" x 48", 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 minimu~ scale shall be one inch
equals 102 feet unless otherwise approved, and in no case shall the scale
be smaller than one inch equals 200 f~et.
(b) Ha'p Scale
Each map shall be drawn to an engineer's scale large enough to clearly
show the details o~ the plan thereon. The minimum scale shall be one inch
equals 100 feet unless otherwise approved, and in no case shall the scale
be smaller than one inch equals 200 Feet.
{C) Graphic ~.nd Linear Representation
Proposed li~es a,~d f~-~tJ,"es wit'.~ir? t)~~. t~_'-rlt~tive tract s!~!l !)e rep-
resented on the tentative map as follows:
a. T~act boundary - heavy, double-width solid line
b. mroposed streets and lot lines - !~e~vy solid !iqe
d. Easeme~'its - light dashed liq~.= an~ labeled as to !}te.qded use,
whetqer existing or proposed, public or private, and whether to remain or to
be quit-cl aimed.
e. Water lines, sewers, storm drains, etc. - heavy dashed lined and
labeled as to intended use, whether existing or proposed and whether to re'hain
or to be removed.
f. Existing contours - l!ght dashed line with elevations denoted.
9331 REQUIRED INFOR!qATION
{a) A Title Block Containing the Following Information:
a. The tentative tract nu~nber
b. Names, addresses, and telephone numbers of the property owner
or owners of record, the subdivider, and the person and fin~ that proposed the
map.
(b) Descriptive Information
a. North arrow, scale, date, number of lots, gross area, and
contour interval.
(c) Location and Boundary Delineation
Draft Ordinance
Chapter 3
Page 5
(1) The tentative tract map boundary lines shall be to the
centerline of any existing abutting local public street or any
existing or proposed arterial highway. However, if any portion of the street
or highway is not owned in fee by the subdivider (person certifying ownership
iq Sec. 9323) the owner ~f such street or highway shall be identified on the
map, but approval for filing is not required from such owner. The final tract
map boundary lines shall be to the limits of fee ownership within such streets
or highways and this sh~ll be deemed to be "in conformance with the tentative
tract map.
(2) A general location diagram showing the location of the
tentative tract in relation to existing and proposed arterial highways,
including the closest approximate distance from each highway to the tentative
tract.
(3) A description of the tentative tract boundary in sufficient
detail to describe the approximate location of all of the boundary lines. At
the option of the subdivider, this description may be shown on a separate
sheet accompanying the tentative map.
(d) Supplemental Information
(i) The lot layout, including the approximate dimensions of each
lot or parcel.
(2) A lot ~ber of each proposed building site.
(3) An alphabetical identification for each parcel not proposed as
a building site and an explanation as to its intended use.
(41 The width and approximate locations of all existing and
proposed easements or rights-of-way, whether public or private, for roads,
drainage, sewers, or flood control, slope maintenance or recreation purposes.
(5i The loc~tio~s, widtqs and approximate grade of all existing and
~nopose~ st,~-~et a~! L?~ay improve~nents including street intersections,
~e~ia:]s, c'i,~.,.:~.;~ .]~i.~:~s, c~r~)s ~:~ ?]~ers, s;:~?~lks, and pave~ent edges
within ti~e proposed t~act. Said locations may be shown either in plan or by
reference to a cross-section shown on the tentative map.
(6) The locatieqs an¢i ~vidths of ~ll existing street and highway
i~npro~e~aqts, ~ncli~:l~ sC~et intersections, medians, driveways, alleys,
curbs and gutters, sidewalks and edges of pavement within two hundred (200)
feet of ~he boundaries of the proposed tract.
(7) The locations of all areas subject to inundation or flood
hazard an] the locations, widths and directions of flow of all watercourses
and flood control channels.
(8) The location and outline to scale of each existing building,
port,on thereoF, or structure above ground within the subdivision noting
thereon 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 200 feet of any portion of the subdivision, the location of any
existing wells, cesspools, sewers, culverts, storm drains, and underground
structures within the subdivision, and a statement noting whether or not such
uses are to be abandoned, to be removed, or to remain.
(10) Use or uses proposed in the tentative tract as specified by
applicable or pending zoning district regulations. If for multiple family
dwelling uses {inctudi~g condomt~nSum and community apartment projects) the
proposed number of units shall be stated.
Draft Ordinance
Chapter 3
Page 6
(11) Type and extent of proposed street improvements, and diagrams
of typical street sections.
112} Approximate radius of all centerline curves on highways,
streets, alleys, and vehicular accessways.
(13) Proposed met!~od of sewage disposal and the name of the sewering
agency, and the capacity of the collector and the sewage treatment facility.
(14) Name of proposed water supplier.
(15) Type of other utilities which are proposed to serve the
subdivision, including but not limited to gas, electricity, communications,
and cable television; the name of the utility company or agency that will
provide the service; and a notation as to whether the utilities will be above
ground or underground.
{16) The drainage area tributary to the subdivision and statement
setting forth in detail, but not quantitatively, the manner in which storm
run-off will enter the subdivision, the manner in which it will be carried
through the subdivision, the manner in whic~ disposal beyond the subdivision
boundaries will be assured, and, where applicable, with reference to any duly
adopted ~aster Plan of ~rainage.
(17) 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 Che property owner of record consents to the filing of
of tentative tract map.
(15) The park location, dimensions, net area, and access if a park
is to be provided; and a state~nent setting forth, in detail, how the
requirements of the Local Park Code are to be accomplished.
(19) The height, area and configuration of man-made slopes shall be
clearly shown. All slope areas shall be shown by type.
(201 The approximate location of all trees standiqg within the
boundaries oF the proposed map.
(21) A copy of any restrictive convenants proposed shall be
appendixed to the map.
- (22) A "Revision Block" shall be placed on each revised map and all
changes shall be clearly indic.~ted.
PART 4 FINAL iqAPS
9340 CONTENT AND FORM (66434)
In addition to the requirements of Division 2, Chapter 2, Article 2 of the
Subdivsion Map Act, the content and form of final maps shall be as specified
herein.
Draft Ordinance
Chapter 3
Page ?
(a) Sufficient data must be shown to readily determine the bearing and
length or 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 used.
Lots containing one acre or more shall show net acreage to nearest
hundredths. Lots containing less than one 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 shown.
(b) Whenever the City Engineer has established the center line of a street
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 monuments
found in making the field survey of the subdivision.
(d) The
adjacent to
waters.
map shall show the line of high water, in case the subdivision is
a stream, and the areas subject to periodic, inundation by flood
(e) The
width of all
of existing
of railroad
map shall show the center and side lines of all streets, the total
streets, the width of the portion being dedicated and the width
dedications, the widths each side of the center line and the width
rights-of-way appearing on the map.
(f) The map shall show the side lin~ of all easements to which the lots
are subject. The easements must be clearly labeled and identified, and if
alr.:ady or record, its recorded reference given. If any ease'.nent is not
de-Finitely !~c~ted of record, a statement of such easement must appear on the
title sheet. Easements f~r storm drain, ~ewers and oti~er purposes shall be
indicated b,/ d~tted l~es .~'~ the same wi~ith as the lines den~t~qg street
~oundaries. The wi~tn of the easement a~d the ie~h~ a~d bearings oF the
lines thereaf and sufficient ties thereto definitely locate the easement with
respect to the subdivision must be shown. If the easement is being dedicated
by the map, it shall i.~e proparly set odt in the owner's certificate of
dedicati~)q.
(gl City boundary lines crossing or abutting the subdivision shall be
clearly designated and referenced.
(h) Lot numbers shall begin with the number "l" and shall continue
consecutively through the t~act, with no o~issions or duplications.
(i) The final map shall particularly define, delineate and designate all
lots intended for sale or reserved for private purposes, all parcels offered
for dedication for any purpose, public or private, and any private streets
permitted under the provisions of this article, with all dimensions,
boundaries courses clearly shown and defined in every case. Parcels offered
for dedication but not accepted shall be designated by letter, and private
streets offered, but not accepted for dedication shall have inserted the words
"not a Public Street".
(j) Haps filed foY the purpose of reverting subdivided land to acreage
shall be conspicuously titled "The Purpose of' the Map is a Reversion to
Acreage."
Draft Ordinance
Chapter 3
Page 8
PART 5 PARCEL MAPS
9350 CONTENT AND FORM (66445)
In addition to the requirements of Division 2, Chapter 2, Article 3 of the
Subdivision riap Act, the content and form of parcel maps shall be as specified
herein.
(a) 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,etc. - heavy dashed line
and labeled ~s to intended use, whether existing or proposed and whether
to remain or t~ 6e re~aoved.
(6) Existing contours - light dashed line with elevations denoted.
9351 REQUIRED INFORiq~TION
(a) Title Block
~aq~, .~,i~resses, and telephone nu~bers )~ the property owner or
owners o~ record, the subdivider, and the person and firm that proposed
the map.
(b) Descriptive Info~matio~
)4orth arrow, scale,' date, number of parcels, gross area, and
contour interval.
(c) Location and 2oundary Delineation
(1) The parcel map boundary lines shall be to the center line
of any existing abutting local public street or any existing or proposed
arterial highway. However, i) 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 boundary lines shall be to the limits of
fee ownership within such streets or highways.
(2) A general location diagram showing the location of the parcel
map in relation to existing and proposed arterial highways, including the
closest approximate distance ~rom each highway to the parcel.
Draft Ordinance
Chapter 3
Page 9
(3) A description of the parcel map boundary in sufficient detail
to describe the approximate location of all of the boundary lines. At the
option of the subdivider, this description maybe shown on a separate sheet
accompanying the map.
(d) Supplemental Information
(I) If the parcel or parcels being subdivided is a parcel or
parcels on a recorded parcel map, or a record of survey map, or a lot or
lots on a recorded 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, drainage, sewers,
or flood controls or slope maintenance.
(5) The locations, widths and 9rades of all proposed street and
highway improvements, including street intersections, medians,
driveways, alleys, curbs and gutters, sidewalks, and pavement edges within
the proposed react. Said locations may be shown either in plan or by
reference to a cross-section on the map.
(6) The locations and widths of all existing street and highway
improvements, incl~diQ~ street intersections, medians, driveways, alleys,
curbs a~d ~u~ta,'s, ~ile~alks and edge; of pa,/~n~t ...:i!~in two hundred
(200) feet of the boundaries of the proposed parcel map.
(7) The locations of all ~reas subject to inundations or flood
hazard and the locations, widths and directions of flow of all water-courses
and flood control chan~qel~
(8) The location and outline to scale of each existing building,
portion thereof, or structure above ground within the subdivision noting
thereo~ whether or not such building or structure is to ~e removed from
or re~iq i~ the development of the subdivision.
(9) The location of any excavations withi~ the subdivision or
within 200 feet o~ any portion of the subdivision, the location
of any existing wells, cesspools, sewers, culverts, storm drains, and
underground structdres within the subdivision, and a statement noting
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 pendin~ zoning district regulations. If for
multiple family dwelling uses (including condominium and
community apartment projects) the proposed number of units shall
be stated.
(11) Approximate radius of all centerline curbs on highways,
streets, alleys, and vehicular accessways.
Draft Ordinance
Chapter 3
Page 10
(12) Proposed method of sewage disposal and the name of the
sewering agency, and the capacity of the collector and the sewage
treatment facility.
(13) Type of other utilities wqich are proposed to serve the
subdivision, including but not limited to gas, electricity,
communications, and cable televisioq; the name of the utility
company or agency that will provide the service; and a notation
as to whether the utilities will be above ground or under-
ground.
(14) The drainage area tributary to the subdivision and a
statement setting forth in detail. The manner in which storm run-
off will enter the subdivision and 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.
(15) A statement certifying to one of the following and signed by
the subdivider or his authorized agent;
(al
That the subdivider is the property owner of record; or
That the property owner of ~cord consents to the filing
of the tentative parcel map.
(16) The height, area and configuration of man-made slopes shall be
clealy shown. All slope areas shall be shown by type.
(17) The approximate location of all trees standing within the
boundaries of the proposed map.
~;~ A co~y ~ any ~est~ictive c~..:q~.)ts ~'o?,?sed shall be
appenoi~ed to the map.
(19) A "Revision Block" shall be placed on each revised map and
' ~
all cnang.s sh~l! be clearly indicated.
,~',T 5 PROCEDURES
9360 PROCE,~URES IN GENERAL (66451)
Tentative Tract Maps, Parcel Maps, and Final ~4aps shall be processed in
accordance witi~ Division 2, Chapter 3 of the Subdivision tlap Act and the
procedures of this chapter.
9361 PROCESSING OF TENTATIVE MAPS (66452)
(al 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.
Draft Ordinance
Chapter 3
Page 11
(2) A copy of the preliminary map shall be returned to the sub-
divider with corrections noted, in not more than 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 Development ~epartment 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 filing.
(2) In addition to the ten (10) copies of the map, a 8 1/2" x 11"
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 pro-
cedures shall be in compliance with the California Environmental Quality Act,
and no ~nap 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, recommendations, and environmental status to the Plannin~ Agency and
the subdivider not less than three days prior to the scheduled action on such
map.
(d) [~pi~at(o.~ Date (6645~.6)
An approved or conditioqally approved tentative map shall expire 18
months after its approval or conditional approval.
9362 PROCESSING OF FI~iAL ~iAP (66456)
(a) ~lan Chec~
(1) Final tract maps shall be submitted to the Community Development
Department in three {3) copies for preliminary plan check by staff and for
determination of compliance with the terms and conditions of the approved
tentative tract map.
(2) A plan check fee, as required by this Chapter, shall be paid to
the City at the time of submitting the map for plan check.
(3) A copy of the check prints of the final tract map shall be
returned to the subdivider with required corrections noted.
(b) Filing of Final Maps
(1) Upon completion of corrections, if any, of the map, final tract
maps sh~ll be filed with the Community Development Department in three (3)
copies for certifications and approval.
· (2) In addition to the three (3) copies of the final tract map, an 8
1/2" x 11" transparency of each map sheet shall be submitted to the City by
the applicant.
Draft Ordinance
Chapter 3
Page 12
(3) Concurrently with the filing of a final tract map with the City,
the subdivider shall submit the map to the office of the Orange County
Surveyor for boundary check.
9363 PROCESSING OF PARCEL MAPS (656463)
Parcel maps shall be processed pursuant to the procedures for tenative and
final maps.
9364 FEES (66451.2)
Fees for the processing of subdivisions shall be paid to the City at the time
of submission of applications, in accordance with this section and as adopted
by Resolution of the City Council.
(a) Tentative Map Fees
A filing fee for filing a tentative tract map or tentative parcel map
shall be collected by the Com)nunity Development Department and shall be
deposited to the Tustin General Fund
(1) When a tentative tract map is filed having more than one tract
number, the fee shall be calculated on the basis of one tentative tract map
and tile sum of all lots shown thereon.
{2) ~.lhen 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 parcel on the tentative map.
(b) Final Map Fees
In addition to the finaling fee required for each final tract map and
final parcel map, a plan check fee shall be colle?ted by the Community
Development Depart~nent aqd shall be decal,i ted to the Tustin General Fund.
(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 as fees for engineering
pla~ check and inspection as set forth in the Handbook for Planning, Zoning
and Development, adopted May 17, 1973 as amended subdivider shall submit three
{3) sets of Improvement plans for plan check to the City Engineer.
(d) Reversion to Acreage Fees
A filing fee shall be paid to the City upon presenting a petition to
revert property to acreage.
Draft Ordinance
Chapter 3
Page 13
Certificate of Compliance Fees
A processing fee shall be paid to the City upon the presentation of an
application for a certificate of compliance.
Lot line Adjustment Fees
A processing ~ee shall be paid to the City upon the presentation of an
application for lot line adjustment.
PART 7 DEDICATIONS, RESERVATIONS, and IMPROVEMENTS
9370 DEDICATIONS
Pursuant to the authority of Division 2, Chapter 4, Article 3 of the
Subdivision Map Act, dedication or irrevocable offer of dedication of real
property shall be required.
(a) Elementary School Sites (66478)
Any subdivider who develops or completes the development of one or
more subdivisions shall be required to dedicate such land as the City Council
shall deem necessary for elementary schools.
(b) Dedication of School Facilitites without Reimbursement
Pursuant to the authority and procedures of Section 65970 et. seq. of
the Government Code, the City may requi~e the developer to dedicate school
facilities without reimbursement as a condition of map approval, or the
request of fees, subject to the required findiags of over-crowding by the
Board of tqe Tustin Jnified School District.
DeXications or irrevocable offers of dedications for public use
(6~s/S~. As a condition of ~pproval of a subdivision, the City
Council may require the dedication or irrevocable offer of
real property for:
(i) Public streets, alleys, access rights and abutter's rights,
drainage, public utility easement~ and other public easements.
(2) Whenever a subdivider is required to dedicate roadways to the
public, he may also be required to dedicate such additional land as may be
necessary and feasible to provide bicycle paths for the use and safety of the
residents of the subdivision.
(3) Local transit facilities such as bus turnouts, benches, shelters,
landing pads and similar items which directly benefit the residents of the
subdivision.
(~) A waiver of direct vehicular access rights to a dedicated or offer
of dedicated street.
(d) Park or Recreation Purposes (66477)
Parkland dedication requirements shall be made pursuant to Ordinance
No. 841.
Draft Ordinance
Chapter 3
Page 14
9371 RESERVATIONS (66479)
{a) Res2rvations Required for Public Uses
As a condition of approval of a map, the subdivider shall 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 the applicable specific of General Plan Element.
(b) Standards for Reservation of Land
Where a park, recreational facility, fire station, library, or other
public use is shown on an adopted specific plan or adopted general plan
containing a community facilities element, recreation and parks element
and/or a public building element, the subdivider may be required by the City
to reserve sites as so determined by the City in accordance with the definite
principles and standards contained in the specific or general plan.
9372 IMPROVEMENTS
(a) Improvements Required
Every subdivider who subdivid~ land sha'il cause public improvements
to be i~ade to such land as specified by the City Council pursuant to the
Subdivision ?nap Act.
(b) Standards (66462(b))
Standards for design and i~provement of land divisions shall be in
accordance witi~ applicable sections of the Ha~!)~]ok for Planning, Zoning and
Development as adopted and amended by resolution of the City Council.
(c) Delayed Improve,nents (66424.6) (66411.1)
Required improvements for a division of land which is not a subdivision
of five or more lots, and for parcels oF s~bdivisions designated as a
remainder portion wi~ich is not divided F~jr the pL~rpose of sale, lease, or
financing, may be delayed until such time as a peroliC 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 an agreement, the City may require the
completion of improve-nents within a reasonable ti~n? ~ollowing approval of the
final map and prior to the issuance of a permit for development, subject to a
finding that the construction r~quirements are necessary for reasons of the
public health and safety or the required construction ~s a necessary
prerequisite to the orderly development of the surrounding 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
(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. ~
Draft Ordinance
Chapter 3
Page 15
(2) Prior to approval by the City Council of a final map, the
subdivider shall pay to the City the cost of purchasing and planting said
trees, together with 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, with 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.
PART 8 SOILS REPORT
9380 SOILS REPORT REQUIRED
Pursuant to Division 2, Chapter 4, Article 7 of the Subdivision Map Act, a
preliminary soils report, prepared by a civil engineer registered in this
state, and based upon adequate test borings, shall be required for every
subdivision.
9381 WAIVER OF REQUIREMENT
The preliminary soils report may be waived if sufficient knowledge exists with
the City as to the soils qualities of the soils of the subdivision.
9382 ADDITIONAL REQUIREMENTS
In the event the preliminary soils report indicates the presence of critically
expansive soils or other soil problems which, if not corrected, would lead to
structural defects, a soils investigation of each lot or parcel in the
subdivision shall be required and must be performed by a civil engineer
registered in the State of California, who shall recommend the corrective
action ~hi,~h ~s likely t~ i)~e'~t ~tr~ct~ral damage to each structdre proposed
to be constructed in the area where such soils problem exits.
The subdivision or a~y portion thereof where such soils problems exist m~ be
approved if it is deter~.qined that the recommended action is likely to prevent
structural day,age to each structure to he constructed and that the issuance of
any building permit shall be conditioned to include this recommended action
within the construction of each structure involved.
PART 9 BONDING and IMPROVEMENT SECURITY
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
subdivider shall execute and file an agreement between himself and the City,
specifiying the period within which the shall complete all improvement work to
the satisfactioq of the City Engineer, and providing that if he shall fail to
complete such work within ~uch 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:
Draft Ordinance
Chapter 3
Page 16
(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
proceedings 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 agreemeqt 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 providing a surety
bond; provided, that no such progress payment shall be made for more than
ninety percent of the value of any installment of work; and provided further,
that each such installment of work shall be completed to the satisfaction of
the City Engineer.
(b) Subdivision Improvement Bonds
To guarantee the performance of any action or agreement with regard to
the proposed subdivision, security shall be furnished in the following
amounts:
(1) An amount determined by the City Engineer to be not less than one
hundred percent (100~) of ti~e b~tal estimated cost ,~f the improvement or of
the act to be performed, conditioned upon the faithful performance of the act
or agreement; and
(2) An additional amount determined by the City Engineer, not less
than fifty percent (53%) of the total estimated cost of the improvement or;
(3) An amount determined by the City Engineer necessary for the
guarantee and warranty of the work for a period of one year following the
completio~ ~nJ a~ce?tan~ t!l~re]F agairl~t ~qy :~f,~::tive w~rk or labor done, or
defective materials furnished.
(c) Faithful Performance Bond, ~onuments
The F~o~u~entati~>q agree~ents shall ~e ac~:~)mpanied by faithful
performance bond in a suq equal to the cost ,)f '~etting such monuments,
guaranteeing the faithful performance of all such work of setting monuments
and furnishing notes.
(d) Surety Company teqdirements
All bonds referred to in this section shall be furnished by a surety
company rated Grade A or better a~d Class 1X or better by the latest edition
of Best's Key R~ting Guide, and shall be auti~orized to write such bond in the
State of California and shall be subject to the approval and acceptance of the
City Council and City Attorney.
(e) Cash Deposits and Negotable Bonds
In lieu of any faithful performance bond required by this section,
the Subdivider may deposit with the City a sum of money or negotiable bonds
equal to the required amount of such bond or security for the faithful
performance thereof. (Ord. No.651).
Draft Ordinance
Chapter 3
Page -17-
9391 RELEASE OF IMPROVEMENT SECURITY
The improvement security required hereunder shall be released in the following
manner:
(1) Security given for faithful performance of any act or agreement
shall be released upon the final completion and acceptance of the act or work
subject to the provisions of subparagraph (2) hereof.
(2) The City Council upon recommendation of the City Engineer may
release a portion of the security in conjunction with the acceptance of the
performance of the act or work as it progresses upon application therefor by
the subdivider; provided, however, that no such release shall be for an amount
more than 75 percent of the total improvement security given for faithful
performance of the act or work until final completion and acceptance of the
act or work. In no event shall the City Council authorize release of the
improvement security which would reduce such security to an amount below that
required to guarantee the completion of the act or work and any other
obligation imposed by tbs ordinance, the Subdivision ~qap Act or the
improvement agreement.
PART 10 REVERSION TO ACREAGE
9392 REVERSION TO ACREAGE BY FINAL ~IAP
Pursuant to the reqdirements of Division 2, Chapter 6, Article i of the
Subdivision I~ap Act, subdivided property may be reverted to acreage.
9393 REVERSION TO ACREAGE BY PARCEL IIAP
A subdivider may file a parcel map under the provisions of the above cited
adthority ,~or tqe ?~r,?~se of ~everti,lg to ~creage land previously subdi,~)ded
and consisting of four or less contigious parcels under the same ownership.
9394 FEES FOR REVERSION TO ACREAGE
Petitioqs to r%-~ert )~c~i.)erty ti) acreag~ ,;'.-;all be occupied by a fee ia
accordance with the sc~)edule of fee~ adopted by the Tustin City Council.
PART 11 CERTIFICATE OF COMPLIANCE
9395 CERTIFICATE SF COMPLIANCE WITH SUBDIVISION ORDINANCE
(a) Pursuant to Section 6649.35(a) of the Subdivision Map Act
Any person owning real property or a vendee of such person
pursuant to a contract of sale of such real property may request, and the City
Council shall determine, whether such real property complies with the
provisions of the Subdivision ~ap Act and Ordinances of the City of Tustin.
(b)
An application for a Certificate of Compliance shall be submitted
in ten (10} copies to the City Engineer, accompanied by the
following:
Draft Ordinance
Chapter 3
Page -18-
(1) Record of survey.
(2) Date and circumstances of division.
(3) Location of utilities.
(4) Location and description of private and public improvements
on and adjoining the property.
(5) Zoning, character, and density of use and development.
(6) The width and approximate location of all existing easements
or rights of way for roads, drainage, sewers, flood control, or slope
maintenance.
(7) Drainage accommodations.
(8) Processing fee.
(c)
Upon acceptance of the application for a Certificate of Com-
pliance, the City Engineer will distribute copies of the app-
lication to other departments for consent and review, as
applicable.
(d)
The City Engineer, on the basis of departmental findings, shall
prepare and submit a report to the City Clerk for placing on the
City Council agenda.
(e)
Upon making a determination that the division of the property com-
plies with the provisions of this Chapter, the City Council shall
cause the City Engineer to issue a Certificate of Compliance to be
filed for record with the recorder of Orange County.
9396 CONDITIONAL CERTIFICATE OF COMPLIANCE
Pursuant to Section 66499.35(b) of the ~ubd~lsioq flap Act, a conditional
certificate .~F compliance ~qay be iss~.J -'~ ~.,~
~.~.j... the procedures speci',~ied in
Section 9395.
PASSED AND ADOPTED at a regular meeting .iF the City Council held on the
..... ~ay of ............... , 1981.
James B. Sharp
t4ayor
ATTESF:
l~F~F lf.~Ty n n
City Clerk