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HomeMy WebLinkAboutNB 13 SUBDIV MAP ORD 04-06-81DATE: -- TO: FROH: SUBJECT: April 6, 1981 inter Corn Honorable Mayor and Council R.K. Fleagle, C~m,muity Development Consultant Subdivision Map Ordinance The Subdivision Ordinance has been revised and staffed for review and comment. Each session of the California State Legislature amends the Subdivision Map Act, m~king it burdensome for the city to annually amend the ordinance. Section 88451 of the Government Code states that the Subdivsion Nap Act governs the processing, approvgl, and filing of subdivision raps but local ordinznces my modify the procedures to the extent authorized by the law. The attached draft ordinance, incorporates the state act by reference and includes amendments %bich are specifically authorized by the act when adopted by local ordinance. As ~_n e~nmple, Section 66428 of the Map Act reads: "... a local agency shall, by ordinance, provide a procedure for waiving ~he requirements for a parcel map, . . " This requirement ~_s been s~tisfied by Section 9321 of the city's ordinance. The subdivision ordinance will he submitted for council consideration stax1 introduction on May 4, ~1981. RIfF: hn Attachement DRAFT ORDINANCE CHAPTER 3 SUBDIVISIONS PART 1 GENERAL 9310 ADOPTION OF THE SUBDIVISION MAP ACT For the purpose of prescribing regulations for the improvement, design, and control of the division of land, the Subdivision Map Act of the Government Code of the State of California (Section 66410 et seq.) is hereby adopted and incorporated herein as fully as though set forth in full herein, together with the ammendments as are hereinafter set forth. 9311 PROHIBITION AND PENALTY (66499.30)* (a) No person shall offer to sell or lease, to contract to sell or lease, to sell or lease, or to finance any parcel or parcels of real property or to commence construction of any building for sale, lease or financing thereon, except for model homes, or to allow occupancy thereof, for which a final map is required by this chapter, until such map thereof in full compliance with the provisions of this chapter has been filed for record by the recorder of Orange County. (b) No person shall sell, lease or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, except for model homes or allow occupancy thereof, for which a parcel map is required by this chapter, until such map thereof in full compliance with the provisions of this chapter has been filed for record by the recorder of Orange County. (c) Conveyances of any part of a division of real property for which a final or parcel map is required by this chapter shall not be made by parcel or block number, ini=ial or other designation, unless and until such map has been filed f~r record by the Orange County recorder. (d~ Any person who violates any provision of this division shall be guilty of a misdem~a~or. *(66493.30) Refers Go ~ections off the Subdivision Map Act. 9312 CONFOR~MITY ~© GENERAL PLAIN (a) A report by the Planning Agency as to conformity to the general plan, required pursuant to Section 65402 of the Government Code as the result of a proposed division of land may be included as part of the Resolution of the Planning Agency on the action taken on such division of land. (b) Such report is not required for a proposed subdivision which involves: (1) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; (2) acquisitions, dispositions or abandonments for street widening; or (3) alignment projects, provided that the advisory agency express!~ finds that any such disposition for street purposes, acquisitions, dispositions, or abandonments for street widening, or alignment projects is of a minor nature. 9313 DEFINITIONS (a) Whenever any words of phrases as used in this Chapter are not defined herein but are defined in the Subdivsion Map Act as last amended, such definitions are incorporated herein and shall be deemed to apply as though set forth in this ordinance. Draft Ordinance Chapter 3 Page -2- (b) For the purposes of this Chapter, the following words and phrases shall have the meanings as herein ascribed to them: "Advisory Agency" - The Planning 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 forms an important unit in the City, County or State highways system, and shown as a major highway on any master plan of streets and highways approved by City Council. "Block" - A tract of land within a subdivision entirely bounded by streets, highways or ways, except alleys; or by streets, highways or ways, except alleys and the exterior boundaries of the subdivision. "Collector Street" - A thoroughfare having a width of not less than sixty feet of right-of-way width and of secondary importance in the City, County or State highway system, and sho~ as a collector street on any general or specific plan of streets and highways approved by the City Council. "Design" means: (!) street alignments, grades and widths; (2) drainage and sanitary facilities and utilities, including alignments and grades thereof; (3) location and size of all required easements and rights-of way; (4) fire roads and firebreaks; (5) lot size and configurations; (6) traffic access; (7) grading; (8) land no be dedicated for park or recreational purposes; and (9) such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to or specific plan imp!e~entation of the general plan. "Final Map" - A map prepared in accordance with the 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. "Improvement" - (1) Improvement refers to such street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways, and easements, as are necessary for the General Use of the lot owners in the subdivisions and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of tNe final map thereof, (2) Improvement also refers to such other improvements or types of improvements, the installations of which, either by subdivider, by public agencies, by public utilities, by any other entity, approved by the local agency, or combination thereof, is necessary or convenient to insure conformity to or implementation of the General Plan as required by the State Planning and Zoning law. "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" - 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 subdivided to commence and maintain proceedings to subdivide the same Draft Ordinance Chapter 3 Page -3- under this Chapter, and while use~herein in the masculine gender and singular number, it shall be deemed to mean the feminine and neuter gender and plural number whenever required. "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 Planning Agency shall be the Planning Commission, City Council, or Co~nunity 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" - ?hat 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 E~gineer, Community Development Director and/or department heads cf the City cf Tustin. "Subdivider"- means a person, firm, corporation, partnership or associate who proposed to divide~ divides or causes to be divided real propety into a subdivision for himself or for others, except that employees and consultants of such persons or entities, acting in such capacity, are not "subdividers". "Subdivision" - means a division by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized County Assessment roll as a unit or as continguous units, for the purpose of sale, lease or financing, whether immediate or future, except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets utility easement or railroad right-of-way. Subdivision includes a condomininm project, as defined in Section 1350 of the Civil Code or a community apartmemt project, as defined in Section 1104 of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity or public utility, shall not be considered a division of land for purposes of computing the number of parcels. As used in this section, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock. "Tentative Map" - A map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property. Draft Ordinance Chapter 3 Page -4- 9314 POWERS AND DUTIES OF THE PLANNING AGENCY The Planning Agency shall review and recommend to the City Council the recommended actions, findings, and conditions pertinent to the application for a division of land pursuant to this chapter. 9315 POWERS AND DUTIES OF THE CITY COUNCIL The City Council shall have the final approving authority for the division of land and subdivisions as specified by law and by this chapter and upon all matters filed as an appeal from the decision of staff and/or advisory agency. 9316 EXCEPTIONS (66412) In addition to the exceptions granted by the Map Act, the requirements 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) 9317 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. (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 not~ce and public hearing as specified by the Zoning Ordinance for appeals to the Citv Council. Such public hearing shall be held within 30 days after the date of filing ~ 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 reco_~endations or rulings of the Planning Agency and may make such findings as are not inconsistent with the provisions of this chapter and th State Subdivision Map Act. (1) A final map shall be disapproved only for failure to meet or perform requirements or conditions which were applicable to the sub- division at the time of approval of the tentative map. Such disapproval shall be accompanied by a finding identifying the requirements or con- ditions which have not bee~ met or performed. (2) A final or tentative map shall be disapproved for failure to comply with the findings required by Division 2, Chapter 4, Article 1 of Subdivision Map Act. Draft Ordinance Chapter 3 Page -5- PART 2 MAPS - GENERAL 9320 MAP REQUIREMENTS (66425-6) In addition to the requirements of the Map Act, the subdivider shall show the design and location of the buildings and improvements pursuant to Ordinance No. 587 (Design Review) for industrial, commercial, residential condominium project or multiple-owner occupied project. 9321 WAIVER OF PARCEL MAP REQUIREMENT (66428) The requirement for a parcel map may be waived by the Planning Agency subject to the following procedures: a. A tentative map is filed by the subdivider, with drawings and such other information as may be required by the Agency to substantiate required 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 i~provement and design floodwater drainage control appropriate improved public roads sanitary disposal facilities water supply availability environmental protection all other requirements of the Subdivision Map Act c. Required Cedications or irrevocable offers of dedication shall be made by deed. 9323 REQUIRED S©NSEN~ OF PROPERTY OWNERS No map required by this chapter which creates a subdivision shall be filed with the City of Tustin without the written consent of all parties having any record title or interest in the real property proposed to be subdivided, except as otherwise provided by the Map Act. (66430, 66445F) PART 3 - TENTATIVE MAPS 9330 CONTENT AA~D FORM The content and form of tentative maps shall be governed by the provisions of this chapter and shall be prepared in accordance with the following criteria unless said requirements are,specifically waived by the city: (a) Map Size a. The minmum map size shall be 18" x 26". 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. (b) Map Scale Each map shall be drawn to an engineer's scale large enough to clearly show the details of the plan thereon. The minimum scale shall be one inch equals 100 feet unless otherwise approved, and in no case shall the scale be smaller than one inch equals 200 feet." Draft Ordinance Chapter 3 Page -6- (c) Graphic and Linear Representation Proposed lines and features within the tentative tract shall be rep- resented on the tentative map as follows: a. Tract boundary - heavy, double-width solid line b. Proposed streets and lot lines - heavy solid line c. Existing lot lines - light solid line· d. 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. e. Water lines, sewers, storm drains, etc. - heavy dashed lined and labeled as to intended use, whether existing or proposed and whether tn remain or to be removed. f. Existing contours - light dashed line with elevations denoted. (Ord. No.651). 9331 REQUIRED INFORMATION (a) A Title Block Containing the Following Information: a. The tentative tract number b. Nm~es, 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 i~terval. Location ami Boundary Delineation (1) The tentative tract map boundary lines shall be to the centerline of mny existing abutting local public street or any existing or proposed arterial highway. However, if any portion of the street or highway is not o~ed 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, including the approximate dimensions of each lot or parcel. (2) A lot number 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. Draft Ordinance Chapter 3 Page -7- (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 purposes. (5) The locations, widths and approximate grade of all existing and proposed street and hgihway 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 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 gutters, 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 hazard and 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, 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 amy portion of the subdivision, the location of any existing wells, cessooo!s, 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. (i0) Use er u~e$ proposed in the tentative tract as specified by appliaabi~ or pending zoning district regulations. If for multiple family dwelling uses (including condominitnn and community apartment projects) the proposed number ~f ~i~ shall be stated. (11) Type amd 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 ~tilities 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 a 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 which disposal beyond the subdivsdion boundaries will be assured, and, where applicable, with reference to any duly adopted Master Plan of Drainage. (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 the property owner of record consents to the filing of Draft Ordinance Chapter 3 Page -8- of tentative tract map. (18) The park location, dimensions, net area, and access if a park is to be provided; and a statement setting forth, in detail, how the requirements of the Local Park 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 standing 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 indicated. (Ord. No. 651). PART 4 FINAL MAPS 9340 CONTENT k%~ 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. (a) Sufficient ~ata must be shown to readily determine the bearing and length or every !ct 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 sho~ in feet and hundredths of feet. No ditto marks shall be used. Lots con[aining one acre or more shall show net acreage to nearest hundrednhs. Lots ccn5aiaing less thaa one acre shall show net area in square feet. Bearings and distances of straight lines, radial lines, and all arc leng~ data for curves shell be shown. (b) Whenever the Ci=y 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 map shall show th~ 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 must be clearly labeled and identified, and if already or record, its recorded reference given. If any easement is not definitely located of record, a statement of such easement must appear on the title sheet. Easements for storm drain, sewers and other purposes shall be indicated by dotted lines of the same width as the lines denoting street boundaries. The width of the easement and the 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 shall be properly set out in the owner's certificate of dedication. Draft Ordinance Chapter 3 Page -9- (g) City boundary lines crossing or abutting the subdivision shall be clearly designated and referenced. (h) Lot numbers shall begin with the number "1" and shall continue consecutively through the tract, with no omissions or duplications. (i) The final map shall particularly define, delineate and designate all lots inteneded 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 clearlyshown and defined in everybcase. Parcels offered for dedication byu 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) Maps filed fo the purpose of reverting subdivided land to acreage shall be conspicuously titled "The Purpose of the Map is a Reversion to Acreage." PART 5 PARCEL MAPS 9350 CONTENT AND FO~M (66444) ~addition to the requirements of Division 2, Chapter 2, Article 3 of the Subdivision Map Ac~, 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 represente~ on the map as follows: (i) Farc~i map boundary - heavy, double-width solid line (2) Proposed streets and parcel line - heavy solid line. (3) Existing parcel line - light solid line. (A) 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 as to intended use, whether existing or proposed and whether to remain or to be removed. (6) Existing contours - light dashed line with elevations denoted. 9351 REQUIRED INFORMATION (a) Title Block Names, addresses, and telephone numbers of the property owner or owners of record, the subdivider, and the person and firm that proposed the map. (b) Descriptive Information North arrow, scale, date, number of parcels, gross area, and contour interval. (c) Location and Boundary Delineation Draft Ordinance Chapter 3 Page -10- (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, if any portion of the street or highway is not owned in fee by the subdivider, the owner of such street or highway shall 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 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. (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 survep~ap, 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 ~mber for eaai~ proposed parcel. (3) ~ne oroposed use of parcels. (4) The wiJ~h and locations of all existing or proposed easements or rights-of-way, whe:her 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 improvements, including street intersections, medians, driveways, alleys, curbs and gutters, sidewalks and edges of pavement within two hundred (200) feet of the boundaries of the proposed parcel map. (7) The locations of all areas subject to inundations or flood hazard amd 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 remain in the development of the subdivision. Draft Ordinance Chapter 3 Page -11- (9) The location of any excavations within the subdivision of 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 (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. (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, com_~nications, 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 beys, nd the subdivision bounaries 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 tee subdivider ~or his authorized agent; (a) (b) I~at the subdivider is the property owner of record; or That the property owner of record consents to the filing of the tentative parcel map. (16) clealy shown. Ail slope areas shall be shown by type. (17) The approximate location of all trees standing within the boundaries of the proposed map. (18) A copy of an~ restrictive covenants proposed shall be appendixed to the map. (19) A "Revision Block" shall be placed on each revised map and all changes shall be clearly indicated. ~Wne height, area and configuration of man-made slopes shall be Draft Ordinance Chapter 3 Page -12- PART 6 PROCEDURES AND FEES 9360 PROCEDURES IN GENERAL (66451) Tentative Tract Maps, Parcel Maps, and Final Maps shall be processed in accordance with Division 2, Chapter 3 of the Subdivision Map Act and the procedures of this chapter. 9361 PROCESSING OF TENTATIVE MAPS (66452) (a) Preliminary Review (1) Preliminary maps for tentative subdivisions may be submitted to the Co~maunity Development Department in ten (10) copies, for preliminary staff review to determine compliance with the terms and criteria of this Chapter. (2) A copy of the preliminary map shall be returned to the sub- divider with corrections noted, in not more than 30 days from date of submission. (b) Filing of Tentative Maps (t) Ten (I0) copies of a tentative tract.map shall be filed with the Co--unity 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 Environ~en~ai Quality Act, not to exceed fifty (50) days from date ~2) In addition to the ten (10) copies of the map, a 8 1/2" x 11" transparency of eaa~ 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 map shall be accepted for filing until satisfaction of the requirement for Environmental Documents as approved by the Community Development Director. (c) Action on Tentative Map Staff Review (a) Upon receipt of a copy of such tentative tract maps from the Community Development Department, each department to whom or to which the same has been transmitted shall examine the map to ascertain if the same conforms to the requirements coming within the authoritative scope of such department. Cb) Departmental written comments shall be provided the Community Development Director, ten (10) days in advance of scheduled consideration of the Planning Agency. (c) The Community Development Director shall furnish a copy of the staff report, recommendations, and environmental status to the Planning Agency and the subdivider not less than three days prior to the scheduled action on such map. Draft Ordinance Chapter 3 Page -13- (d) Expiration Date (66452.6) An approved or conditionally approved tentative map shall expire 18 months after its approval or conditional approval. 9362 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 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 co~oletion of corrections, if any, of the map, final tract maps shall be filed ~inh 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 aooiicant. (~) Concurr~n~!y with the filing of a final tract map with the City, the subdivider s!~ali supmit the map to the office of the Orange County Surveyo~ for boundary check. 9363 PROCESSING ~F FA~.CEL MAPS (656463) Parcel maps shall be processed pursuant to the procedures for tenative and final maps. 9364 FEES (66451.2) Fees for the procassing of subdivisions shall be paid to the City at the time of submission of applications, in accordance with the schedule as herein set forth. (a) Tentative Map Fees A filing fee for filing a tentative tract map or tentative parcel map is hereby established to partially defray the cost of processing. Such fee shall be colleted by the Community Development Department and shall be deposited to the Tustin General Fund. (1) Fee is set at $300 per tentative tract or parcel map, plus $5 per each numbered or lettered lot or parcel. (2) 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 the sum of all lots shown thereon. (3) When additional property is added to a tentative tract map previously filed, the fee for such added property shall be $5 for each n~mbered or lettered lot so added. Draft Ordinance Chapter 3 Page 14 (b) Final Map Fees A filing fee for filing a final tract or final parcel map is hereby established to partially defray the cost of processing and checking the map. Such fee shall be collected by the Community Development Department and shall be deposited to the Tustin General Fund. (1) A fi~fYing fee is set at $250 per final tract map and $150 per final parcel map. (2) A plan check fee for final maps is set at $7 per lot or parcel each type of map filed. (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 Development, adopted May 17, 1973 as amende~ subdivider shall submit three (3) sets of improvement plans for plan check to the City Engineer. (d) Reversion to Acreage Fees A filing fee of $250 shall be paid to the City upon presenting a petition to revert property to acreage. (e) Certificate of Compliance Fees A proces~in~ fee of $250 shall be paid to the City upon the presentation of an ~o?lication for a certificate of compliance. (f? Lot line Adius~ment Fees A processing fee of $50 shall be paid to the City upon the presentation of an application for lot line adjustment. P~RT 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 fees, subject to the required findings of over-crowding by the Board of the Tustin Unified School District. Draft Ordinance Chapter 3 Page -15- (c) Dedications or irrevocable offers of dedications for public use (66575).~s a condition of approval of 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 public easements. (2) Whenever a subdivider is required to dedicate roadways to the public, he may also be requ~ed 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. (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. 84!. 9371 RESERVATIONS (66479) la) Reservatiens Required fo Public Uses As a condition of approval of a map, the subdivider shall reserve $ite~, appropriate in area and location, for parks, recreational facilities, fire stations, !i~raries or other public uses according to the standards and formula contained in the applicable specific of Generl Plan Element. b Standards for Eeservation 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 containlng a co--unity 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 IMPROVE~NTS (a) Improvements Required Every subdivider who subdivides land shall cause public improvements to be made to such land as specified by the City Council pursuant to the Subdivision Map Act. (b) Standards (66462(b)) Standards for design and improvement of land divisions shall be in accordance with applicable sections of the Handbook for Planning, Zoning and Development as adopted and amended by resolution of the City Council. (c) Delayed Improvements (66424.6) (66411.1) Required improvements for a division of land which is not a subdivision of five or more lots, and for parcels of subdivisions designated as a remainder portion which is not divided for the purpose of sale, lease, or financing, may be delayed until such time as a permit for development is Draft Ordinance Chapter 3 Page -16- 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 improvements within a reasonable time following approval of the final map and prior to the issuance of a permit for development, subject to a finding that the construction requirements are necessary for reasons of the public health and safety or the required construction is a necessary prerequisite to the orderly development of the surrrounding 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. (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 te City Council for the basic size of the various species of trees. A greater price may be negotiated for the planking of larger or more expensive species, with the concurrence of the subJivider and the Maintenance Superintendent. (3) City shai~ be responsible for the installation and maintenance of parkway trees in the manner and type specified herein, with the planting to be approximat~iy at the ti~e structures are occupied but not later than the date of acceptance of the improvements of the tract. SOILS REPORT 9380 SOILS REPOR% ~QUi~D 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 quali~ies 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 soils 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 which is likely to prevent structural damage to 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 constructed and that the issuance of any building permit shall be conditioned to include this reco~nended action within the construction of each structure involved. Draft Ordinance Chapter 3 Page -17- 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 satisfaction of the City Engineer, and providing that if he shall fail to complete such work within such period, the City may complete the same and recover the full cost and expense thereof from the subdivider. This agreement shall also provide for inspection of all improvements by the City Engineer and reimbursement of the City for the cost of such inspection by the subdivider. Such agreement may also provide: (1) (2) (3) For the construction of the improvements in units; For an extension of time under conditions therein specified; 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 nosey which the subdivider may have made in lieu of providing a surety bond; provided, nha~ no such progress payment shall be made for more than ninety p~rcent of ~he value of any installment of work; and provided further, that each such in~taklment of work shall be completed to the satisfaction of the City Engineer. (b) Subdivision i~provement Bonds To guaraztee the performance of any action or agreement with regard to the proposed subdivision, security shall be furnished in the following amounts: (1) An z~ount determined by the City Engineer to be not less than one hundred percent (100%) of the total estimated 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 (50%) 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 completion and acceptance thereof against any defective work or labor done, or defective materials furnished. (c) Faithful Performance Bond, Monuments The monu~menation agreements shall be accompanied by faithful performance bond in a sum equal to the cost of setting such monuments, guaranteeing the faithful performance of all such work of setting monuments and furnishing notes. Draft Ordinance Chapter 3 Page -18- (d) Surety Company Requirements All faithful performance bonds referred to in this section shall be · furnished by a surety company rated A and AA and authorized to write the same in the State of California and shall be subject to the approval and acceptance by the City Attorney and City Council. (e) Cash Deposits and Nego~able 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). 9391 RELEASE OF IMPROVEMENT SECURITY The improvement security required hereunder shall be released in the following manner: (I) 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 th 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 ac~ ~r work until final completion and acceptance of the act or work. In no event shall the City Council authorize release of the improvement security ~hich would reduce such security to an amount below that requireJ to guarante.~ the completion of the act or work and any other obligation imposed by tbs ordinance, the Subdivision Map Act or the improvenen~ agreement. P~RT 10 REVERSION TO ACREAGE 9392 REVERSION TO ACREAGE BY FINAL MAP Pursuant to the requirements of Division 2 , Chapter 6, Article 1 of the Subdivision Map Act, subdivided property may be revert to acreage. 9393 REVERSION TO ACREAGE BY PARCEL MAP A subdivider may file a parcel map under the provisions of the above cited authority for the purpose of reverting to acreage land 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 occupied by a fee in accordance with the schedule contained in Section 93~(~. Draft Ordinance Chapter 3 Page -19- PART 11 CERTIFICATE OF COMPLIANCE 9395 CERTIFICATE OF COMPLIANCE WITH SUBDIVISION ORDINANCE (a) Pursuant to Section 6649.~5(a) of the Subdivision Map ~.ny 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. (b) An application for a Certificate of Compliance shall be submitted in ten (10) copies to the City Engineer, accompanied by the following: (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 adjoixing the property. (5) Zoning, character, and density of use and development. (6) %he width and approximate location of all existing easements cr rights of way for roads, drainage, sewers, flood control, or slope maintenance. (7) Drainage acco~v~nodations. (8) Processing fee in the amount of $150.00. 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. Draft Ordinance Chapter 3 Page -20- 9396 CONDITIONAL CERTIFICATE OF COMPLIANCE Pursuant to. Section 66499.35(b) of the Subdivision Map Act, a conditional certificate of compliance may be issued subject to the procedures specified in Section 9395. PASSED AND ADOPTED at a regular meeting of the City Council held on the day of , 1981. Donald J. Saltarelli Mayor Mary E. Wynn City Clerk