HomeMy WebLinkAboutPH 2 SUBDIV MAP ORD 05-18-81DATE: ~{ay 18, 1981
PUBLIC HEARING
No. 2
5--18-81
Inter-Corn
TO: Honorable ~yor and Council
FROM: Community Development Department
SUBJfCTSubdivision ~p Ordinance
BACKGROUND
A draft Su~tivision Ordinance was submitted to the City
Council for inforn~ation once, arch 16, 1981. T~edraft
has again been revised by the City Attorney's Office
and this department to bring it into compliancewith
the State Subdivision ~pAct.
Notice of A ~lbtic hearing }las l~en advertised for 7:30
p.m. %~y 18, 1981 for consideration of the adoptio~ of
the Sub4ivision Ordinance.
DISCUSSION
The proposed Ordinance 'adopts the State Subdivision
Act by reference ~nd s. 4~is those sections and procedures
which ~re authorized by the Stat~ L;~.;v. By this method
of adogtion, the ordinance will no~ r~!,]~re amending
:and rep, lblishi~g eve:".), year when the S~ate ~opts
The proposed Ordinance also eliminates the stated
amount for fees and transfers the fee schedule to
resolution whe~ehz ~mencL,nents .~y be ~de '~ithout
ordin'_~nce revision.
Other sectioas of the ordinance ren~ain :~s currently
~dopted in the existin~ subdivision ordinance.
RE~O~ENDED ACTION
It is recommended, following the public hearing that:
1. Ordinance No. 847 be introduce1 by first reading of
title.
Resolutio~ No. 81-5~ be adopted establishing
for the processing of subdivisions.
R. Kenneth Fleagle, D.P.A.
Acting Co. um~nity Development Director
ORDINANCE No. 847
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
The City Council of the City of Tustin, California, ordains as follows:
Chapter 3 of Article g of the 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 from 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 Planning Commission and/or Planning Agency as
established by the C~ty Ordinance shall he the advisory agency for review of
tentative and final maps.
"Appeal 3card" - The Cicy Council of the City of Tustin.
"Arterial i(ighway" - 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, and shown as a major highway on any master plan cf 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" -,q thoroughfare having a ~vi,tth ~ not less than sixty feet
of right-of-way width and of secondary importance in the City, County or StaCe
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 accordance wit!~ ~h? i)rovisions of this Chapter
and designed to be placed on record in the office ~ 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 Map 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 subdividedto
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 ¢
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 Planning 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 egress from abutting property.
"Staff" - The City Engineer, Community Development Director and/or department
heads of the City of Tustin.
9312 ~O'~ERS A)ID DUTIES OK THE PLA))NING AGENCY
The Planniq~ Agency shall review and recommend to the City Council the
reco.~mended actions, findings, and conditions pertinent to the application for
a di,~isi~]q .~ ~ ....... ~.~ ~ ~ ' pt
9313 POWERS AND DUTIES OF THE CITY COUNCIL
The City Council shall have 'the final ~pproving authority for the division of
land a, ni su~)divi'sio~s as specified by law and !)y this chapter and upon all
~atte~s ~i!ed as ~,n ~.~peal from the decision of staff and/or advisory agency.
9314 EXCEPTIONS (6641t)
In addition to the exclusions from application of the flap Act specified
therein, the require,nents of this 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 ~ith 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 filing 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 qAPS - GENERAL
9320 ,~IAP REQUIREMEUTS (66425-65431)
In addition to the require~ents of
Site Plan, Elevations dnd Landscapi
revie~ pursuant b) Section 9272 of
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
..... ~ ~ the
in :~oq t~0~3.2 of Busiq?s~ and Professions Code, as to which a final
~ ~ .-~ ','~': r~.quir~d ~y Divisioa 2, Chapter ~ o~ the Act
except that a parcel map may be waived by the Planning Agency subject to the
following procedures:
a. A t,ntati,.~:.~ ~.~ap is filed hy the sjbdivider, with drawings and
such o~.h_r incarnation as .Jay L~e required by th~ ~,[}e~sy to substantiate
requi'rad findings.
b. The Planning Agency finds and determines that the proposed division
of land complies with the requirements of the City as to:
2.
3.
4.
5.
6.
7.
8.
area
improvement and d~sign
floodwater drainage control
appropriate improved public roads
sanitary disposal facilities
water supply availability
environmental protection
all other requirements of the Subdivision Map Act
Draft Ordinance
Chapter 3
Page 4
c. Required dedications or irrevocable offers of dedication shall be
made by deed.
PART 3 - TENTATIVE MAPS
9330 CONTENT AND FORUm
The content a~d form of 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 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.
(b) !)ap Scale
Each map shall be drawn to an engineer's scale large enough to clearly
show the details of the ~lan 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 amd Linear ~epresentation
resented on tile tentaCive ~nap as follows:
a. Tract boundary - heavy, double-width solid lime
b. Prop.,~?d streets and lot lines - heavy soli.:! tine
Zxisti:~g ~)t limes -- light s~lid lime
d. Ease~ents - light dashed line and lahe:?d as to inte~qded use,
whether existing or proposed, public or private, and whether to remain or to
be quit-claimed.
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 - light dashed line with elevations denoted.
9331 REQUIRED INFORHATION
(a) A Title Block Containing the Following Information:
a. The tentative tract number
b. Names, addresses, and telephone numbers of the property owner
or owners of record, the subdivider, and the person and firm. 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
in Sec. 9323) 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 tract
map boundary lines shall be to the limits of fee ownership within such streets
or highways and this shall 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
(1) The lot layout, includi~)g the approximate dimensions of each
lot or parcel.
(2) A lot number of each proposed b~ilding site.
(3) An alphabetical identification For each parcel not proposed as
a building site and an explanation as to its intended use.
(4) 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 purpos.es.
(5) The locations, widths and approximate grade of all existing and
proposed street and hgihway improvements including street intersections,
medians, ~ay~, aiiey~, cur~s and g~t~'~, si~alks, and pavement edges
within the proposed tract. Said locations may be shown either in plan or by
reference to a cross-section shown on the tentative map.
(6) The locations and widths of all existing street and highway
improvements, including street intersections, medians, driveways, alleys,
curbs and gdtters, sidewalks and edges of pavement within two hundred (200)
feet of the boundaries of the proposed tract.
(7) The locations of all areas subject to inundation or flood
h~zard and the locations, widths and directions of 'Flow of all watercourses
and flood control channels.
(8) The location and ~utline to scale of each existing building,
portion 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(i.n¢luding,condominium and community aparbnent 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.
(12) Approximate radius of all centerline curves on highways,
streets, alleys, and vehicular accessways.
(13) Proposed method 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, includin~ 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 ~hich disposal beyond the subdivision
boundaries will !)e assdred, and, where applicable, with reference to any duly
adopted Piaster Plan of ~rainage.
(I7) A staCe:~ent 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
of tentative tract (nap.
(13) 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
require,~ents 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.
(20) The approximate location of all trees standiqg v~ithin the
boundaries ~f 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 indicated.
PART 4 FINAL MAPS
9340 CONTENT AND FORM (66434)
In addition to the requirements of Division 2, Chapter 2, Article 2 of the
Subdivsion flap Act, the content and form of final maps shall be as specified
herein.
Draft Ordinance
Chapter 3
Page 7
(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 da~a 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 map shall show the line of high water, in case the subdivision is
adjacent to a stream, and the areas subject to periodic inundation by flood
waters.
(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 dedications, the widths each side of the center line and the width
of railroad rights-of-way appearing on the map.
(f) The map shall show the side lines oF all easements to which the lots
are subject. The easements m~)st be clearly labeled and identified, and if
already or record, its recorded re~erence given. If any easement is not
definitely located of record, a statement of such easeqlent must appear on the
title sheet. ~ ~
~asemen~ for storm drain, s~wers and other purposes shall be
indicated by dotted lines of the same width as th~ lines denoting street
boundaries. The width of ti}e easement and C!)e lenghts and bearings oF the
lines thereof 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 sh~ll 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 "l" 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 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 fo~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 llap Act, the content and form of parcel ,naps 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, stor,~ drains,etc. - heavy dashed line
and labeled as to intended use, whether existing or proposed and whether
to reFna~q or to be removed.
(6} Existing conto,.lrs - light dashed line with elevations denoted.
9351 ~EQUIRED INFOR14ATION
(a) Title Block
Names, ~dJr~sse~, anJ telephone nut,bars :)f t:~e property owner or
owners o~ record, the subdivider, and the person and firm that proposed
the map.
{b} ~esc~iptive I~for~tion
North arrow, scale, date, number of parcels, gross area, and
contour interval.
(c) Location and Boundary 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 high~ay. However, if any portion of the street or highway is not
owned iq 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 from 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
(1) 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 grades of all 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
reference to a cross-section on the map.
(6) The locations and widths of all existing street and highway
if~provements, including street intersections, medians, driveways, alleys,
curbs a:]~ ~tters, sidewalks and e:~g~s ? i~ave~nent .~thin two h~ndred
(200) feet of the boundaries of the proposed parcel map.
(7) The locations of all areas subject to inundations or flood
hazard anJ the locations, widths and directions of flow of all water-courses
and flood control channels.
(8) The location and outline to scale of each existing building,
portion thereof, or structure above ground within the subdivision noting.
thereon whether or not such building or structure is to be removed from
or re~ain in the development o~ the S~lbdivisioq.
(9) The location of ~ny excavations within the subdivision or
within 200 feet of any portion of the subdivisioq, 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 (including condominium and
community apartment projects) the proposed nunber 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 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 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;
(a)
(b)
That the subdivider is the property owner of record; or
T~a~ tqe Dro~erty owner ~f record 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 2roposed map.
{i~! ~ copy ? any restrictive c~venants proposed, shall be
~ppendixed to the map.
(19) A "Revision Block" shall be placed on each revised map and
all changes shall be clearly indicated.
PART ,6 PROCEDUR£S ANO FEES
9360 PROCEDURES IN GENERAL {66451)
Tentative Tract Maps, Parcel Maps, and Final Maps shall be processed in
accordance witi~ Division 2, Chapter 3 of the Subdivision ?lap Act and the
procedures of this chapter.
9361 PROCESSIUG 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.
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.
(bi Filing of Tentative Maps
(1) Ten (10) copies of a tentative tract map shall be filed with
the Community Development 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 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 Envi~onmental 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 (56452.3)
The Community Development Director shall furnish a copy of the staff
report, recom~nendations, and environmeqtal status to the Planning Agency and
the subdivider not less than three days prior to the scheduled action on such
map.
(d) Expiration Date (66452.6)
An approved or conditionally approved tentative map shall expire 18
months after its approval or conditional approval.
9352 PROCESSING OF FINAL MAP (66456)
(a) Plan Check
(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 ret.ns and conditions of the approved
tentative tract map.
(2) A plan check fee, a~ 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.
(bi Filing of Final Maps
{1) Upon completion of correctioqs, if any, of the map, final tract
maps shall 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" tmansparency 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 Co~unity Development Department and shall be
deposited to the Tustin General Fund
(1) ~hen 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 the suq of all lots sho~n thereon.
(2) ~heq 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 oA the tentative map.
(~) Final Map Fees
In addition to the 6inaling fee required for each 'final tract map and
final parcel map, a plan check fee shall be collected by the Community
~evelopment Depart~ent aqd shall be deposited 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
plan check and inspection as set forth in the Handbook for Planning, Zoning
and 3evelopment, 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
(e) Certificate of Compliance Fees
A processing fee shall be paid to the Ci'ty upon the presentation of an
application for a certificate of compliance.
(f) Lot line Adjustment Fees
A processing fee 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 require the developer to dedicate school
facilities without reimbursement as a condition of map approval, or the
request of tees, subject to the required findings of over-crowding by the
Board of the Tustin Unified School District.
(c)
Dedications or irrevocable offers of dedicatia~s for public use
{~6S7~}. As a co~Ji~ion of approval ~f a subdivision, the City
Council may require the dedication or irrevocable offer of
real property for:
(1) Public streets, alleys, access rights and abutter's rights,
drainage, public utility easements and other publ)c 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
resistants of ~e subdivision.
(3) Local transit facilities such as bus turnouts, benches, shelters,
landing pads and simila~ items which directly benefit the residents of the
subdivision.
(4) 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) Reservations 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 v~ho subdivides land shall cause public improvements
to be made to such land as specified by the City Council pursuant to the
Subdivision ~tap Act.
(b) Standards (56462(b))
Standards for design and improvement of land divisions shall be in
accordance wit!~ applicable sections oF the Handbook for Planning, Zoning and
Developmeqt as adopted aq'd amended by resolution of the City Council.
(c) Delayed Improvements (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 subdivisions designated as a
remainder portion ~hich is not divided f~r the purpose of sale, lease, or
financing, may be delayed until such time as a permiC for development is
issued by the City, or until such time as the construction of such
improve~nents is required pursuant t.} an agreement between the City and the
subdivider. In the absence of such an agreement, the City may require the
co~npletioq o~ improve~nents within a reasonable time following approval of the
final map and prior to the issuance of a permit for development, subject to a
findiq~ that the construction requirements are necessary for reasons of the
public health and safety or the required construction is a necessary
prerequisite to the orderly developmeot of the surrounding area.
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 a~d 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 ~4aintenance Superintendent.
(3) City
parkway trees in
approximately at
of acceptance of
shall be responsible for the installation and maintenance of
the manner and type specified herein, with the planting to be
the time structures are occupied but not later than the date
the improvements of the tract.
PART 8 SOILS RE~ORT
9380 SOILS REPORT REQUIRED
Pursuant to Division 2, Chapter 4, Article ? 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 REQU!RE~4ENT
The preliminary soils report may be waived if sufficient knowledge exists with
the City as to the soils qualities of the soils o~ 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 iq the State of California, who shall recommend the corrective
action whic~'~ il likely to ~eve~t structural ~ama? t~ each structure proposed
to be constructed in the area where such soils problem exits.
The subdivision or any portion thereof where such soils problems exist may be
approved if it is determined that the recommended action is likely to prevent
structural damage to each structure to be constr,~cted and that the issuance of
any building permit shall be conditioned to i~clude this recommended action
within the construction of each structure involved.
PART 9 BONDING and IH~ROVEqE~IT SECURITY
9390 BONDING and SECURITY REQUIREMENTS
In addition to the requirements of Division 2, Chapter 5 o~ 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 Engi)~eer, and providing that if he shall fail to
complete such work within such period, the City may complete the same and
recover ~e full cost and expense thereof from the subdivider. This agreement
shall also provide for inspection Qf all improvements by the City Engineer and
reimbursement of theCity 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 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 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 t~ t~al esti~ated cost of 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 t!~e work for a ~eriod o~ one year following the
completioq a~d ~c~';~n'~- ..... ~'"f agai -~ ~qy ~." ~'
nw~ .~ ~:~tivewJ ~ or labor done, or
defective materials furnished.
(c) Faithful Performance Bond, Honu,~ents
The monument~ti,oq agreements shall he accompanied by faithful
performance bond in ~ s~a equal to the c~)~t ,)~ setting such monuments,
guaranteeing the faithful performance of all such work of setting monuments
and furnishing notes.
(d} Surety Company Requirements
All bonds referred to in this section shall be furnished by a surety
company rated Grade A or better and Class 1X or better by ~e latest edition
of Best's Key Rating Guide, and shall be authorized 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 agreen~nt
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 ths ordinance, the Subdivision Map Act or the
improvement agreement.
PART 10 REVERSION TO ACREAGE
9392 REVERSION TO ACREAGE BY FI)4AL HAP
Pursuant to the requirements of Division 2, Chapter 6, Article 1 of the
Subdivision Hap Act, subdivided property may be reverted to acreage.
9393 REVERSION TO ACREAGE BY PARCEL flAP
A subdivider may file a parcel map under the provisions of the above cited
authority ~r the p~rpose of revertir~g to ,~:,"eag? la,~d previously subdivided
and consisting of four or less contigious parcels under the same ownership.
9394 FEES FOR REVERSION TO ACREAGE
Petitions to revert property to acreage shall be occ,~pied by a fee in
accordance with the schedule of fees adopted by the Tustin City Council.
PART 11 CERTIFICATE OF COMPLIA)JCE
9395 CERTIFICATE OF COHPLIANCE WITH SUBDIVISION ORDI.~ANCE
(a) Pursuant to Section ~649.35(a) of the Subdivision Hap 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 Map Act and Ordinances of the City of Tustin.
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) Loc~tion 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 CERTIKICATE OF CO~tPLIANC£
Pursuant to Section 66499.35(b) of the Subdivision )lap Act, a conditional
certificate of compl ia~qce ~nay be iss ~e'~ s~',)je~t ~ the procedures speci ~ied in
Section 9395.
PASSED AND ADOPTED at a regular meeting of the City Council held on the
..... ~ay of ............... , 1981.
James B. Sharp
Mayor
ATTESF:
~F~-l~?Jy n n
City Clerk