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HomeMy WebLinkAboutORD 773 (1978) ORDINANCE NO. 773 AN ORDINANCE 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, does hereby ordain that Article 9, Chapter 3, of the Tustin City Code is hereby amended as follows: ' - - Section '1: Section 9311 is hereby amended to read: "9311 PROHIBITION AND PENALTY 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 stole, lease.or financing thereon, except for model homes or L' 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 recording 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, initial or other designation, unless and until such map has been filed for record by the Orange County Recorder. d Any person who violates any provision of this division shall be guilty of a misdemeanor." Section 2: Section 9313 is hereby amended to read: "9313 DEFINITIONS a Whenever any words or phrases as used in this chapter are not defined berein but are defined in the Subdivision Map Act as last amended, such definitions are incorporated herein and shall be deemed to apply as .though set forth in this ordinance. b For the purposes of this Chapter, the following words and phrases shall have the meanings as herein ascribed to them: "~.~sory Agency" - The Planning Commission and/or Planning Agency as established by 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 Cit, County or state highway system, and sho~m as a collector street on any general or specific plan of streets and highways approved by the City Council. "Design" means:r (1) 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 configuration; (6) traffic access; (7) grading; (8) land to be dedicated for park or recreational purposes; and (9) shch 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 implementation 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 he 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 street and highways approved by the City Council. "Improvement" - (1) Improvement refers to such street work and utilitie to be installed, or agree~ to be ins~l~ed, by the subdivider on the land to be used: for public or private ~sLreets, -2- 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 the final map thereof, (2) Improvement also refers t~-- suchother specific improvements or types of improvements, the installation of which, either by the 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 ~mplementation 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 under this Chapter, and while used herein in 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 Sec. 9321(a)(1) and ( 4 )- "Planning Agency" - The Planning Agency shall be the Planning Commission, City Council, or Community Development Department, as 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 propert~ and of controlling access to the public right of way. -3- "Private Street" - Any parcel of land not dedicated as a public street and used or intended to be used for ingress or egress from a lot or lots which may 6r 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 therefrom 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. "Subdivider" means a person, firm, corporation', partnership or association who proposes to divide, divides or causes to be divided real property 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 contiguous 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 easements or railroad right-of-ways. Subdivision includes a con- dominium project, as defined in Section-1350 of the Civil Code or a community apartment project, as defined in Section 11004 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 1 ives t o ck. "Tentative Map" - A map made for the purpose of showing tLc design and improvement of a proposed subdivision and the existing -4- conditionsin and.~around it and need not be based upon an accurate or detailed final Survey of the property." Section 3. Section 9316 is hereby amended to read: "9316 EXCEPTIONS ~ ,~! This Chapter and the procedures contained herein shall be inapplicable to: = a Short term leases (terminable by either party on not more than 30 days notice in writing) of a portion of the operating right of w~y of a railroadcorporation defined as such by Section 230 of the Public Utilities Code; or for land conveyed to or from a governmental agency, public'entity or public utility, or to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made in individual cases, substantial evidence, that public policy necessitates a parcel map. b The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks; c Mineral, oil or gas leases; d Land dedicated for cemetery purposes under the Health & Safety Code of the State of California. e A lot line adjustment between two or more adjacent parcels, where the land taken from one parcel is added to an adjacent parcel,' and where a greater number of parcels than originally existed is not thereby created, provided the lot line adjustment is approved by resolution of the City Council. f Subdivisions of Four parcels or less for construction of removable commercial buildings having a floor area of less than i00 square feet." Section 4. Section 9317 is hereby amended to read: "9317 APPEALS a An appeal may be made to the City Council by any subdivider o~ any interested person adversely affected concerning any decisiof~ ~ determination, or requirement of the planning agency or city staff filing a notice thereof in writing with the City Clerk within 15 daya 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 bases his appeal. 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 fi].ing fee and filing of an appeal pursuant to the requirements for notice and public hearing as specified by the Zoning Ordinance for appeats"to the City Council. Such public hearing -5- 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. (1) A final map shall be disapproved only for failure to meet or perform requirements or conditions which are applicable to the subdivision at the time of approval of the tentative map. Such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed. (2) A final or tentative map shall be disapproved for failure to comply with the findings required by Section 9361(4) of this chapter. Section 5. Section 9318 is hereby amended to read:' "9318 REMEDIES AND PEDIIT DENIAL a Pursuant to Section 66499.32 of the Subdivision Map Act, a grantee, buyer or person contracting to purchase, his heirs, personal representative, or trustee may take action to void the sale of property divided in violation of this chapter. b The imposition of any penalty for the violation of this chapter shall be deemed not t~ bar any legal, equitable or summary remedy to which the City or any other political subdivision or any person may otherwise be entitled. The City or any other political subdivision or person may file a suit in the Orange County Superio~ Court to restrain or enjoin any attempted or proposed subdivision or sale in violation of this chapter, pursuant to Section 66499.32 of the Subdivision Map Act. c The City shall not issue any permit nor grant any approval necessary to develop any real property which has been divided or which has resulted from a division, in ~iolation of.the provisions -of this chapter, if it finds that development of such real property is contrary to the public health or the public safety. The authority to deny such permit. or such approval shall apply whether the applicant therefore was the owner of record at the time of such violation or whether the applicant therefore is either the current owner of record pursuant to a contract of sale of the real property with, or without, actual or constructive knowledge of th~ violation at the time of the acquisition of his interest in such real property. -6- If the City issues a permit or grants approval of the deveIopment of any such real property, it will impose those conditions that would have been applicable to the division of the property at the time the applicant acquires his interest in such real property, and which b=~- been established at such time by this chapter, When a conditiona.~_ certificate of compliance has been filed for record, the conditions stated therein shall be applicable." Section 6. Section 9322 is hereby amended to read: "9322 CONDOMINIUM PROJECT AND COMMUNITY APARTMENT (a) A tentative and final map shall be required for a condo- minium project and community apartment project, and fees shall be imposed on the basis of parcels or lots of the surface of the land shown thereon as included in the project, including those parcels ~ lots shown in common ownership. (b) Tentative and final maps for initial construction or con- version'of existing structures for residential occupancy shall conform to the criteria of the Zoning Ordinance for the Residential Planned Development (RPD) District. (Ordinance'No. 651) (c) The City Council shall not approve a final map for a sub- division to be created from the conversion of residential real property into a condominium project or a community apartment proj unless it finds both that: (1) Each of the tenants of the proposed condominium or community apartment house project has been or will be given 120 days written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion- The provisions of this subdivision shall not alter or abridge the rights or obligations'of the parties in performance of their covenance, including, but not limited to the provision of services, payment of rent or the obligations imposed by Sections 1941, 1941.1 and 1941.2 ~ the Civil Code, and (2) Each of the tenants of the proposed condominium or community apartment house project has been or will be given notice of an exclusive right to contract for the purchase of the respective units upon the same terms and conditions that such units will be initially offered to the general public terms more favorable to the tenant. The right shall run ~ a period of not less than 60 days from date of issuance of the s~bdivision public report pursuant to Section 1.1018.2 of the Business and Professions Code, unless a tenant gives prio written notice of his intention not to exercise the right." -7- Section 7. Section 9323 is hereby amended to read: "9323 PARCEL MAPS a A parcel map shall be filed and recorded for any subdivision for which a tentative and final map is not required by the Subdivision Map Act. b Such maps shall meet all the requirements of the Subdivision Map Act and of this Chapter and shall show all dedications or offers of dedication thereon. The Planning Agency may require~ that such dedications or irrevocable offers of dedication be made by deed, in lieu of or in addition to appearing on the map. c The requirement for a parcel map may be waived by the Planning Agency subject to the following procedure: (1) A tentative map is filed by the subdivider, with drawings and such other information as may be required by the Planning Agency to substantiate required findings. (2) The Planning Agency finds and determines that the propose division of land complies with the requirements of the City as to: (aa) area (bb) improvement and design (cc) floodwater drainage control (dd) appropriate improved public roads (ee) sanitary disposal facilities (ff) water supply availability (gg) environmental protection (hh) all other requirements of the Subdivision Map Act and any applicable provisions of this Code. (3) Required dedications or irrevocable offers of dedication shall be made by deed. Section 8. Section 9343 is hereby amended to read: "9343 CERTIFICATES AND ACKNO~LEDGMENTS a Certificate of Record Title Interest Parties A certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the final map is required, except as follows: (1) Neither a lien for State, County, Municipal, or local taxes, nor for special assessments, nor beneficial interest under trust deeds, nor a trust interest under bond indentures, nor mechanics liens constitute a record title interest in land for the purpose of this chapter. (2) The signature of either the holder of beneficial interests under trust aeeds or the trustee under such trust deeds, but not both, may be omitted. The signature of either shall constitute a full and complete subordination of the lien of the deed of trust to the map and any interest created by the map. -8a- (3) Signatures of parties owning the following types of interest may be omitted if their names and the nature of their respective interests are stated on the final map. (a) Rights-of-way, easements or other interest~ which cannot ripen into fee, except those owned by a public entity or public utility. If, however, the legislative body or advisory agency determines that the division and development of the property in the manner set forth on the approved or conditionally approved tentative map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement, the signature of such public entity or public utility may be omitted. Where such determination is made, the subdivider shall send, by certified mail, a sketch of the proposed final map, together with a copy of this section, to any public entity or public utility which has previously acquired a right-of-way or easement. If the public entity or utility objects to either (i) recording the final map without its signature; or (ii) the determination of the legislative body or advisory .agency that the division and development Of the property will not ~nreasonably interfere with the full and complete exercise of its right-of-way or easement, it shall so notify the subdivider and the legislative body or advisory agency within 30 days after receipt of the materials from the subdivider. If the public entity or utility objects to recor- ding the final map without its signature, the public entity or utility so objecting may affix its signature to the final map within 30 days of filing its objection with the legislative body or advisory agency. If the public entity or utility either (i) does not file an objection with the legislative body or advisory agency; or (ii) fails to'affix its signature within 30 days Of filing its objection to recording the map without its signature, the local agency may record the final map without such signature. If the public entity or utility files an objection to the determination of the legislative body or advisory agency that the division and developme~ of the property will not unreasonably interfere with the free and complete exercise of the objector's right-of-way or easement, -9- the legislative body or advisory agency shall set the matter for public hearing to be held not less than 10 nor more than 30 days of receipt of the objection. At such hearing, the public entity or public utility shall present evidence in support of its position tltat the division and development of the property will unreasonably interfere with the free and complete exercise of the objector's right-of-way or easement. If the legislative body or advisory agency finds, following such hearing, that the development and division will in fact unreasonably interfere with the free and complete exercise of the objector's right-of-way or easement~ it ~ai1 set forth those conditions whereby such unreasonabt~ interference will be eliminated and upon compliance with suc~ conditions by the subdivider, the final map may be recorded with or without the signature of the objector. If the legislative body or advisory agency finds that the developmen~ and division will in fact not unreasonably interfere with the free and complete exercise of the objector's right-of- way or easement, the final map may be recorded without the signature of the objector, notwithstanding its objections thereto. Failure of the public entity or public utility to file an objection pursuant to this Section shall in no way affect its rights under a right-of-way or easement. (b) Rights-of-way, easements or revisions, which by reason of changed conditions, long disuse or laches appear to be no longer of practical use or value and signatures are impossible or impractical to obtain. A statement of the circumstances preventing the procurement of the signatures shall also be stated on the map. (c) Interests in or rights to minerals, including not limited to oil, gas, or other hydrocarbon substances. (4) Real property originally patented by the United States by the State of California, which original patent reserved interest to either or both of such ent~.ties, may be included in the final map without the consent of the Unite~ States or the State of California thereto or to dedication! made thereon. Certificate by City Engineer A certificate by the City Engineer is'required stating that (1) He has examined the map. -10- (2) The subdivision as shown is substantially the same as it appeared on the tentative map, and any approved alterations thereof. (3) All provisions of this chapter and'applicable ordinances of the City of Tustin at the time of approval of the tentative map have been complied with. (4) He is satisfied that the map is technically correct. c Filing of Certificate ~e City Engineer, or his designated agent, shall complete and file his certificate with the City Council within 20 days from the time the final map is submitted to him by the subdivider for approval." Section 9: Section 9350 is hereby amended to read: "9350 FILING REQUIREMENTS A.parcel map shall be filed and recorded ~en any property owner or his authorized agent proposes to subdivide any parcel of land for any purpose which will result in the creation of four parcels or less, or five parcels or more under'the conditions listed in Section 9321, except as waived pursuant to Section 9323(c) of this chapter. The requirement for a tentative map may be waived by the Planning Agency for the creation of not more than two parcels of less than 5 acres abutting upon a public street or highway, and for lot line readjustments." Section' 10. Section 9353 is hereby amended to read: "9353 CONTENT AND FORM OF FINAL PARCEL MAP The content and form of the final parcel map shall be governed by the provision of this Chapter and shall be prepared in accordance with the provisions of this Part." Section 11. Section 9354'is hereby amended to read: "9354 MAP DATA SOURCE A parcel map shall be based upon a field survey made in conformity with the Land Surveyors Act." Section 12. Section 9355 is hereby added tO read: "9355 PREPARATION REQUIREMENTS The final parcel map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, and shall show the location of streets and property lines bounding the property in accordance' with the following specifications: a Graphic and Linear Representati~ (1) It shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing -11- Cloth or polyester fiber. (2) All lines, letters, figures, certificates and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. (3) The boundary of a subdivision shall be indicated by a light ink border approximately one-sixteenth (1/16) of an inch wide on the reverse side of the tracing cloth and outside such boundary. b Final Parcel Map Size Each sheet shall be 18" x 26", including a one (1) inch blank margin around the entire sheet. c 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 80 feet. d Number of Map Sheets Enough map sheets shall. be used to show all details clearly. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly sho~n. When more than one (1) map sheet is used, there shall be an index map showing the general layout of the subdivision and portions thereof included on each map sheet." Section 13. Section 9356 is hereby added to read: "9 356 REQUIRED INFORMATION a Title Sheet (1) An Engineer's (surveyor's) certificate shall be prepared in substantially the following form: 'This map was prepared by me or under my direction (and was compiled from record data) (and is based upon a field survey) in conformance with the requirements of the Subdivision Act at the request of (name of person authorizing map) on (date). I hereby state that 'the parcel map procedures of the City of Tustin have been complied with and that this parcel map conforms to the approved tentative map and the conditions of approval thereof which were required to -12- be fulfilled prior to the filing of the parcel map. (Signed) R,C.E. (or L.S.) No. " (2) A Recorder's certificate shall be prepared in substantially the following form: "Filed this day of , 19.. ., at .m. in Book of.. , at page , at the request of (Signed) Orange County Recorder" (3) A City Engineer's Certificate shall be prepared in substantially the following form: "The parcel map shall be submitted to the City Engineer for his examination prior to filing. Within 20 days after receiving the parcel map, the City Engineer shall examine it for the survey information shown thereon, and if satisfied that it is technically correct, the following certification shall be placed on the map. 'This map conforms with the Subdivision Map Act and City of Tustin Ordinance.' Dated: (Signed) City Engineer" (4) Property O~mer's Certificate: Pursuant to the requirements of Section 9343 of this chapter, a certificate shall be.signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to tbe preparation and recordation of the parcel map. Where the division of land is into four or fewer parcels and dedications or offers of dedication are not required, the certificate shall be signed and acknowledged by the subdivider only. (5) Certificates of dedication or offers of dedication: The provisions of Section 66477.1, 66477.1~ and 66477.3 of the Subdivision Map Act relating tlo dedication certificates for Final Subdivision Tract Maps shal~ ~p~iy -13- to dedication or offers of dedication on parcel maps. b Descriptive Information A North arrow, scale, date, number of parcels and gross area are required. c Supplemental Information (1) The bearing and length of each parcel line shall be drawn on the map. -13a- (2) The basis of bearing shall be' shown on one map sheet of each parcel map. (3) Parcels containing one acre or more shall show the net acreage to the nearest one-hundredth (1/100) of an acre. (4) Each parcel shall be numbered consecutively commencing with the Number 1. (5) The length, radius and total central angle and bearings of terminal radii of each curve and the bearing of each radial line to each parcel corner on each curve, and the central angle of each segment within each parcel shall be shown thereon. (6) The final parcel map shall show the centerline data, width and side lines of all easements to which the parceIs in the subdivision are subject. (7) The final parcel map shall show the centerline and total width of each highway, street or alley to be dedicated. The border of the map shall be shown along the centerline of any street or highway that defines a limit of the parcel being subdivided. (8) When vehicular access rights from any parcel to any highway or street are restricted, such rights shall be offered for dedication to the City of Tustin by the appropriate certificate on the title sheet, and a note stating ,"VEHICULAR ACCESS RIGHTS DEDICATED TO THE CITY OF TUSTIN" shall be lettered along the highway or street adjacent to the parcels affected on the final parcel map. (9) Any city or county boundary line adjoining the subdivision shall be clearly designated and tied in upon the final parcel map. (10) The location of each parcel and its relation to surrounding surveys. The location of any remainder of the original parcel shall be indicated, but need not be indicated as a matter of survey but only by deed of reference to the existing record boundaries of such remainder if such remainder has a gross area of five acres or more." Section 14. Section 9361 is hereby amended to read: "9361 PROCESSING OF TENTATIVE MAPS a Preliminary Review. (1) Preliminary maps for tentative subdivisions may be submitted to the City Engineer in ten (10) copies, f~r preliminary staff review to determine compliance with the terms and criter~.a this chapter. -14- (2) A copy of the preliminary map shall be returned to the subdivider with corrections noted, in not more than 30 days from date of submission. b Filing of Tentative Maps ' (1) Ten (10) copies of a tentative tract map shall be filed with the City Engineer 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) dopies of the map, 8~'' 11" a ~ x transparency of each map sheet shall be submitted by a~: applicant. (3) A filing fee, as required by this ordinance, shall be paid to the City at the time of submitting the map for filing. (4) The processing of subdivision maps, as related to time and procedures shall be in compliance with the California Environmental"Quality Act, and no-map shall'be accepted for filing until satisfaction of the requirement for Environmental Documents as approved by the Community Development Director. -- c Action on Tentative Map (1) Staff Review (a) Upon receipt of a copy of such tentative tract maps from the City Engineer, 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. (b) Departmental written comments shall be provided the City Engineer ten (10) days in advance of scheduled consider- ation by the Planning Agency. (c) The City Engineer shall furnish a copy of tb~ 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. (2) Review by Other Agencies Within ten (10) days of the filing of a tentative map, the Community Development Director shall send a notice of the filing of the tentative map to the governing board of the Tustin Un%£ied School District. Such notice shall also contain ~nformation about the location of the proposed subdivision, the number of units, density, -15 - and any other information which would be relevant to the affected school district. Such governing board may review the notice and may send a written report .thereon to the agency required by law to approve such tentative map. If a written report is made by the governing board the report shall indicate the impact of the proposed subdivision on the affected school district and shall make such recommendations as the governing board of the district deems.' appropriate. If a written report is made by the governing board, such report shall be returned within 20 working days of the date on which the notice was mailed to the school district for comment. In the event that the school board fails to respond within the 20 day period, such failure to respond shall be deemed approval of the proposed subdivision. (3) Planning Agency Review (a) The Planning Agency shall determine whether the tenta- tive map is in conformity with the provisions of State law and the ordinances and policies of the City Council. and upon that basis within fifty (50) days after the filing thereof with'the City~ .'Engineer, the Agency shall recommend disapproval, approval, Or approval with conditions by resolhtion to the City Council. (b) The Planning Agency shall find, as a condition of recommending approval, that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan.required by the State Planning and Zoning Law and/or any specific plan adopted pursuant thereto. (c) The Planning Agency shall find, as a condition of recommending disapproval of a final or tentative map: (1) That the proposed map is not consistent ~ith applicable general and specific plans. (2) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. (3) That the site is not physically suitable for the type of development. (4) That the site is not physically suitable for the proposed density of development. (5) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably in~.re f~sh or ~ildlife or their habitat. (6) That the design of the subdivision or the type of improvements is likely to cause serious public health -16- 1 problems. Z . '(7) That the design of the subdivision or the type of improve/rents will conflict with easements accpm~red by the 5 public at large, for access through or use of, property 4 within the proposed subdivision. 5 (d) The Planning Agency shall find and determine, as a condition of reconnending disapproval, approval, or approval with conditions, that the impact of the proposed subclivision upon the 7 environmenti has been reviewed and the requirements of the California 8 Environrental Quality Act have (or have not) been satisfied, with specific findings related thereto. 9 (e) The Planning Agency, through the Conmunity Develop- 10 ment Department, shall report such action directly to the subdivide 11 and shall transmit to the City Council a copy of the tentative map and a resolution setting forth the recommendations of the Planning 1Z Agency. 15 (4) Council Action 14 (a) At the next regular meeting of the City Council, following the filing of the Planning Agency's report, the Council 15 will set a date within thirty (30) days thereafter for consideratior 16 of the tentative map. 17 (b) Not later than thirty (30) days fr~ the filing of the Planning Agency ' s report, the City Council shall approve, 18 conditionally approve or disapprove such map. The City Council shall 19 consider the reconm~ndations of the Planning Agency and may reject 20 any or all, or a part of, the conditions and recommendations of the Planning Agency. The action of the City Council is final. 21 (C) The City Council shall find, as a condition precedent 2~ to the approval of a tentative maD, and UDOn the recu~fendation of 25 the Planning Agency, that the proposed subdivision, together with the provisions for its design improver, is consistent the Tustin Area General Plan and any applicable specific plan. 25 (d) The City Council shall deny approval of a tentative 26 or final map, if it makes any of the following findings. 27 (1) That the proposed map is not consistent with applicable general and specific plans. 28 (2) That the design or improvement of the proposed" 29 subdivision is not consistent with applicable general or ~50 specific plans. (3) That the site is not physically suitable for the 51 type of development. 5~, (4) ~at the site is not physically suitable for the -17- proposed density of development. (5) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental wildlife or their habitat. (6) That the design of the subdivisions or the type of improven~nts is likely to cause serious public health prob lens. (7) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. (e) The City Council' shall determine whether the dis- charge or waste fr~n the proposed subdivision into the existing 'ccrmnunity sewer system ~Duld result in violation of existing requirements prescribed by the Regional Water Quality Control Board .pursuant to Division 7 (Sec. 13000 et. S...eq.~) of the Water Code. In the event that the City Council finds that the proposed waste discharge would result in or add to violation of requiren~nts of such board~ it may disapprove the tentative map or maps of the subdivision. (f) Approval of tentative maps shall be conditioned upon the satisfaction of the Standards and Requirements as specified in Part 7 of this Chapter. (g) Tne City Council shall not approve a tentative map without satisfaction of the requirements of the California EnviroNmental Quality Act. (5) Time l.~mits (a) An approved or conditionally approved tentative map shall expire 12 months after i.ts approval or conditional approval. The period of time herein specified shall not include any period of time during which a water or ss~er moratorium, imposed after approval of the tentative map, is in existence, provided hwoever, that the length of such moratorium does not exceed 5 years. Once such a moratorium is terminated,. the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium ~dS imposed; provided, hcxvever, that if' such renmining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium. (b) The expiration of the approved or conditionally tentative map shall terminate all proceedings and ~o final map or parcel map of all or any portion of ~]e real property included within such tentative. map shall be filed without first. processing a -18- 1 new tentative map. 2 (c) The subdivider may request an extension of the tentative map approval or conditional approval by written ~ application to the City Council. Such application to be filed at ~ least 30 days before the approval or conditional approval is due 5 to expire and shall include a waiver of the one year time limit s~ ified by Section 65950 of the Govenm~nt Code. 6 Section 15. Section 9362 is hereby amended to read: 7 "9362 PROCESSI~,~ OF FINAL MAPS 8 Final Tract maps and Parcel Maps shall be submitted in accordance with the procedures outlined ~n this Chapter. 9 a Plan Check 10 (1) Final tract r~ps shall be submitted to the City 11 Engineer in ten (10) copies for preliminary plan check by staff and for determination of conpliance with the terms and 12 conditions of the approved tentative tract map. 15 (2) A plan check fee, as required by this Chapter, shall ~1~ 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 16 shall be r~turned to the subdivider with required ~7 corrections no~ed. 18 b Filing of Final Maps (1) Upon oDnloletion of corrections, if any, of the map, 19 final tract maps shall-be filed with the City Engineer in 20 ten (10) copies for certifications and approval. 21 (2) In addition to the ten (10) copies of the final tract map, an 8-1/2" x 11" transparency of each map sheet shall be submitted to the City by the applicant. 25 (3) Concurrently with the filing of a final tract Fap Z~ With the City, the subdivider shall submit the map to thc~ Office of the Orange. County Surveyor for boundary check. c Action on Final Map (1) Approval by City Engineer Upon receipt of the final map and other data submitte therein, the City Engineer shall examine such to determint_' that the subdivision as shown. is substantially the same a~ S9 appeared on the tentative map and any approved alterations- ~0 thereof, that all provisions of this Chapter and of any 51 local ordinance applicable at the time of approval of the te~tative map have been complied with and that he is -19- _1 satisfied that the map is technically correct. If the City 2 Engineer shall determine that full conformity therewith has not been made, he shall advise the subdivider of the changes or additions that must be made for such purposes, and 4 shall afford the subdivider an opportunity to make such 5 changes or additions. If the City Engineer shall determine that full conformity therewith has been made, he shall .so 6 certi~ on such map and notify the City Clerk for agendizing 7 at the next regular meeting of the City Council. 8 (2) Subdivision Partly in City and County In the event a subdivision is partly in the County,. 9 the County Surveyor and the City Engineer shall enter into 10 an agreement, by and with the consent of their'respective I1 governing bodies, providing that the County Surveyor shall perform the duties prescribed for the City Engineer in the preceding paragraph or providing for such an apportionment ~3 between them of such duties. The County Surveyor, when by ~ such agreement all such duties devolve upon him, may, after his performance thereof, make the aforementioned -15 certification upon such maD. When, by such agreement, such -16 duties are apportioned be~veen the County Surveyor and the ~7 City Engineer, it shall be sufficient if each shall, after the performance thereof, make a certification-on such map, ~8 touching the duties perfo~ by each. (3) Approval by City Council 20 (a) At its first regular meeting following the 21 filing of such map with the City Clerk as aforesaid or within ten (10) days following the filing thereof, the' City ~ Council shall consider such map, the plan of subdivision p~ and the offers of dedication. The City Council may reject 24 any offers of dedication. If the City Council shall determine that such map is in conformity with the require- 25 ments of tb~s Chapter, that it is .satisfied with the plan of Z6 subdivision and shall accept all offers of .dedication, it ~7 shall approve such map, and the City Clerk shall thereupon so certify upon such map. If the City Council shall ~8 determine either that such map is not in conformity with 29 the reqLd. rements of this Chapter or that it is not satisfied with the plan of subdivision, it shall disapprove such map, specifying the reasons therefor, and tLe City Clerk shall, 31 ja] writing, advise the subdivider of such disapproval and 3~ of the reasons for such disapproval. Within thirty -20- ~ days after the City .Council has disapproved any map, the Z subdivider may file with the City Engineer a map altered to meet the approval of '.the City Council. In such case, the 5 subdivider shall conform to all the requirements imposed 4 upon him by this ordinance when filing the first final 5 map with the City Engineer. No map shall have any force or effect until the same has been approved by the City 6 Council, and no title to any property described in any q offer of dedication shall pass ~til the City Engineer has 8 recorded such map with the County Recorder. (b) A final map shall be disapproved only for 9 failure to m~et or perform requirements or conditions which ~0 were applicable to the subdivision at the time of approval! ~1 the tentative map; and provided further that such disappr<~ shall be acccnloanied by a f~nding identifying the require- n~nts or conditions which have not been ma.t or .performed. ~5 The City Council may approve a final map when the failure ~ of the map is the result of a technical and ]_nadvertent which does not materially affect the validity of the map, and corrections are made to the satisfaction of the City ~6 Engineer prior to recording. · 7 (c) The City Council shall not deny approval of a final map pursuant to Section 9361c [4) (d) if it has previously approved a tentative map for the proposed sub- division and it finds that the final map is in substantial compliance with the previously approved tentative map. (d) If the City Council does not approve or disapprove the final map within the prescribed time, or any authorized extensions thereof, and the map conforms to all said requirements and rulings, it shall be deemed approved, and the City Clerk shall certify its approval thereon. Z4 (4) Improvement Agreements ~5 (a) If, at the tima of approva? of th~ final ~6 by the City Council, any public improvements r.equired by ~ the City of Tustin pursuant to this Chapter or other City ordinance have not been completed and accepted in ~8 accordance with the standards of the City applicable at t~ ~9 time of the approval or conditional approval of the ~0 tentative map, the City Council, as a condition precedent to the approval of the final map, shall require the sub- 5~. divider to enter into one of the following agreemen~q as 5~ specified by the City: (1) An agreement with the City upon -21- mutually agreeable terms to thereafter ccmplete such improvements at the subdivider's expense. (2) An agreement with the City to there- after initiate and consunmate proceedings under an appro- priate special assessment act for the financing and cc~letion of all such improvements, or if not completed under such special assessment act, to complete such improvements at the subdivider's expense. (b) The City shall require that performance of such agreements be guaranteed by the security specified by Part 8 of this Chapter. (5) Record~ing with County Recorder (1) After the approval by the City of a final or parcel map of a subdivision, the City Clerk shall transmi~ the map to the Clerk of the Orange Coun.ty Board of Supervisors for ultimate transmittal to the County Recorder. (2) The subdivid_er shall present to the County Recorder evidence that, at the time of the filing of the final or parcel map in the office of the County Recorder, the parties consenting to such filing are all of the parties having a record to the interest in the real property being subdivided whose signatures are required by the Subdivision Map Act, as shown by the records in the office of the Recorder, otherwise the map shall not be filed. Section 16. Section 9363 is hereby amended to read: "9363 FEES Fees for the processing 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 ~p 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 collected by the City Engineer and shall be deposited to the Tustin General Fuhd. (1) Fee is set at $300.00 per tentative tract or parcel map plus $5.00 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 the lots shown thereon. (3) When additional property is added too a tentative tract map previously filed, the fee foi- such added property -22- a final tract or final parcel 4 processing the reap. Such fee shall be 6 ' ,<,:.,~::~ <,' - . ::: --":' (I). !. is set at $150.00 peE final tract rea V and $150..00 ~ reap; - · ::i'-:-: - 8 (2) A : for £inal maps ls se~' 9 pe$ lot or --' .~ ~ .. ~.: .. ~.:,-.. !., -..- ' . 'i~!::i ~ . ~0 c Inprovenent PlanCheck and inspection Fees ._- .' At the tiine the;pians, pro£iies and speci£1cations o£ 11 proposed S~division.:improvements are submi~t~a=to the lZ city Engineer" for approval, the subdivider shaii"payto. the; set forth in the Handbook for Planning, Zoning and Development, 14 adopted May 17, 1973 as amendedl · 15 d Reversion of Acreage Fees '~' 16 A filing fee of $250.00 shall be paid to the City upon 37 presenting a petition to invert pro.perty to acreage." Section 17. Section 9370 is hereby ended to read: 18 "9370 DEDICATICNS 19 a Elementary School Sites '-' ~0 (1) Any subdivider who develops or completes the develop-' ment of one or more subdivisions in a specified school 21 diskriCt maintaining an elementary school shall be required to 22 dedicate to the school district such land, as deemed necessary 25 by the legislative body, for the purpose of constructing thereon such elementary school or schools as are necessary to 24 assure residents of the subdivision adequate public school 25 service. 26 (a) In no case shall the amount of land required to be dedicated .be such as to reake the development of the remainin, land held by the subdivider economically unfeasible or which 28 would exceed the arepunt of land ordinarily allowed under the 29 procedures of' the State ~llocation Board. (b) The requirements of Se6tion 9370a shall not be 50 applicable to a subdivider who has c~ned the lm~d being 51 sv, b~-i~ed for more than ten (10) years prior to the filing of ~Z "" the tentative reap. This exemption is not applicable when fee -23- iS retained by owner of record and subdivision is processed by assignee, contractor or subsidiary of owner of record. (2) -~ne requirement of dedication shall be imposed at the time of approval of the tentative map. If, within 30 days after the requirement of dedication is imposed by the City, the school district does not offer to enter into a binding comnit~ent with the subdivider to accept the dedication, the requirements shali be automatically terminated. The required dedication may be made any time before, concurrently with, or up to 60 days after the filing of the final map on any portion of the subdivision. ~e school district shall, in the event that it accepts the dedication, repay to the subdivider or his successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts: (a) ~ne cost of any improvements to the dedicated land since acquisition by the subdivider. - - (b) The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication. (c) Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land. (3) If the land is not used by the school district as a school site within 10 years after dedication, the subdivider shall have the option to repurchase the property frc~ the districk for the amount paid therefor. (4) The school district to which the property is dedicated shall record a certificate with the County Recorder in the county in which the property is lccated. The certificate shall contain the following information: (a) The name and address of the subdivider dedicating the property. (b) A legal description. of the real property dedicated. (c) A statement that the subdivider dedicating the property has an option to repurchase the property if it is not' used by the school district as a'school site within 10 years after dedication. The subdivider shall have the right to ccmpel the school district to record such certificate, but until such certificate is recorded, any rights acquired by any third party dealing in good faith with the school district shall not be impaired or otherwise affected by the option right of the subclivider. -24- b Dedication of School Facilities 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 re~nbursemen~-- as a condition of map approval or the request of fees, subject to the recp~red findings of overcrowding by the Board of the .Tustin Unified School DistriCt. c Reservation Requirements 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 or General Plan Element. (1) Standards for Reservation of Land Where a park, recreational facility, fire station, .library, or other public use is shc~qn on an adopted specific plan or adopted general plan containing a~ conmunity facilities element, recreation and parks element and/or a public building element, the 'subdivider may be recp~red by the City to .reser~ sites as so determined by the City in accordance with the definite principles and standards contained in the specific plan or general plan. The reserved area must be of such size and shape as to permit the balance of the property within which. the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider 'econc~ically unfeasible. The reserved area shall conform to the adopted specific plan or general plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period. (2) Procedure The public agency for whose benefit an area has ba~ reserved shall at the time of approval. of the final map or parcel map enter into a binding agreement to acquire such reserved area within t~K)years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreemeg.,t. (3) Payment The purchase price shall not exceed the market value -25- there at the time of the filing of the tentative map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area. ( 4 ) Termination If the public agency for whose benefit an area has been reserved does not enter into such a binding agr~t, the reservaticn of such area shall automatically terminate. d Dedications or Irrevocable Offers of Dedication for Public Use (1) Dedications or irrevocable offers of dedication for public streets, alleys, ways, easements, rights-of way, and parcels of l~ld shown on the final tract map and parcel map and intended for public use shall be made by appropriate certificate on the title page or by separate document. (2) When vehicular access rights from any lot or .parcel to any high~cay or street are restricted, such rights shall be offered for dedication to the City of Tustin by the appropriate certificate on the title sheet, and a note stating "VEHICt!LAR AC~SS RIG[r~S DEDIC~fFION TO THE CITY OF TUSTIN" shall be lettered along the highway or street adjacent to the lots or parcels affected on the final map. (3) Whenever a subdivider is required to dedicate road- ways to the public, he may also be required 'to dedicate such additional land as may be necessary and feasible to provide bicycle paths for the use and safety of the residents of the subdivision, if the subdivision contains 200 or more parcels. (4) ~henever a tentative map has the potential for 200 dwelling units or more if developed to the maximum density shown on the Tustin Area General Plan or contains 100 acres or more, au~d the City Council finds that transit services are or will, within a reasonable time period be made available to such subdivision, the City Council may recp~.~re dedication or irrevocable offer of dedication of land ~zLthin the subdivision for local transit facilities such as bus turnouts, benches, shelters, and similar items which directly benefit the residents of the subdivision. e Private Streets, Alleys or Ways Private streets, alleys, or ways will be permitted only when the welfare of the occupants of the subdivision will be -26- better served and that 'the public's welfare will not be impaired through the use thereof or the kinds of improvements thereon° Such private street, alley, or way shall not be offered for dedication aid shall be shown on the final tract or parcel map as parcels lettered alphabetically. f Utility EaseTents Any public or private utility easements req,~red by the various utilities shall be shown on the final tract map or parcel map and dedicated to the appropriate agency by separate document. g Drainage Easements (1) When storm drains are necessary for the general use of lot or parcel owners in the subdivision and such storm drains are not to be installed in the streets, alleys, or ways of such subdivision, then the subdivider shall offer to dedicate upon' the final tract or parcel map thereof the necessary rights-of-way for such facility. (2) When the property being subdivided, or any portion thereof, is so situated as to be in the path of the natural drainage from adjoining unsubdivided property and no street, alley, or way within the subdivision is planned to provide i,I the drainage of such adjoining property, the subdivider shall dedicate drainage rights of way adequate to provide in the future for the ultimate drainage of the adjoining property. (3) Where the property being subdivided, or any portion thereof, is traversed by an Orange County Flood Control District facility, either existing and recg~ring additional right of way or proposed and recovering full right of way, which has been approved by the Board of Supervisors of the Orange County Flood Control District, the subdivider shall dedicate such rights of way. Sud~ rights of way shall be shc~n as lots lettered al~abetically on the final tract or pareel map and such dedication shall be offered by appropriate certificate on the title page of the final tract or parcel map° h Exemptions Dedication will not be required on any final tract or paro' map when the sole purpose is for establishing land title boundaries, provided such existing land title boundaries were not established in violation of this or any other law. i Effective Date of Dedications Acceptance of offers of dedication on a final map shall not -27- be effective until the final tract .map or parcel map is filed in the Office of the County Recorder or a resolution of acceptance by the City Council is filed in such office. j Delayed Improvements - Parcel Fsps (1) Regarding dedications and improvements for a division of land ~nich is not a subdivision of five or more lots, such reqn~reJrents are limited to the dedication of rights-of-way, easements, and the construction of reasonable offsite and 'on-site improvements for the parcels being created. Requiren~nts for the constructio~ of such offsite and on-site improvements shall be noticed by certificate on the parcel map, on the instrument waiving a parcel map, or by .separate. instrument and shall be recorded on, concurrently with, or prior to the parcel map or irs~t of waiver ofI a parcel map being 'filed for record. (2) Fulfillment of construction requirements shall not be recovered until such time as a .permit for development is issued by the City, or until such time as the construction of such improvements is required pursuant to an agreement bet~en the City and the subdivider. In the absence of such an agreer~nt, the City may require the completion of improve- ments within a reasonable time following approval of the parcel 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 surrounding area. k Termination of Dedications or Offers of Dedication (1) If at the tires the final map is approved, any streets, paths, alleys, rights-of-way for local transit facilities such as bus turnouts, benches, shelters, and similar items which directly benefit the residents of a subdivisicn, or storm drainage easements are rejected, the offer of dedication shall remain open and the City Council may by resolution at any later date, and without further act/on by the subdivider, rescind its action and accept a open the street, paths, alleys, right-of-way for local transit facilities, or storm drainage easen~_nt for public use, which acceptance shall be recorded in the office of the Orange County Recorder. (2) Offers of dedication which are covered by subsection (1) above may be terminated and abandoned in the same manne;~- as prescribed for the abandonment or vacation of streets by Part 3 of Division 9, or Chapter 2 of Division 2 of the Streets and Highways Code, whichever is applicable." Section 18. Section 9376 is hereby amended to read: "9376 PARK AND RECREATIONAL LAND a Subdividers Must Provide Park and Recreational Facilities Every subdivider who subdivides land shall dedicate a porticn of such land, pay a fee, or do both, as set forth in this Section for the purposes of providing park and ' recreational facilities to serve future residents of s~ subdivision. b Application The provisions of this Section shall apply to all subdivisions, except as exempted as follows: (1) Industrial subdivisions (2) Condominium projects which consist of the subdivision of air space in an existing apartment building which is rare than five years old when no new ~,elling units are added. (3) Parcel maps for-a subdivision containing lesl~. than five (5) parcels for a shopping center containing more than 300,000 square feet of gross leaseable area and no residential development or uses. (4) Subdivisions containing less than five (5) parcels and not used for residential purposes; provided hcwever, that a condition shall be placed on the approw Of such parcel n~p that if a building permit is requested for construction of a residential structure or structures on one or more parcels within four years the fee shall be required to be paid by the awner of each such parcel as a condition to the issuance of such permit." -29 - c Responsibility and Enforcement The City Council hereby declares that it is the duty and the responsibility of th~ public and of all levels of government, including Federal, State, County, City and special districts, to preserve and enhance the quality of the physical environmant, and further, that it is the duty and the responsibility of the City to provide local park facilities for the residents of the City. (1) It is the responsibility of each property owner who proposes to establish a d~lling unit or units, or increase the number of dwelling units, on his property, and of each person who proposes to create residential building sites to provide an equitable .portion of the necessary park lands as requested by this Section. Preparations for the provision of .park lands and the payment of fees shall cc~,,~ence at the earliest possible instance of land development planning. Where park land is to be provided, such provisions shall be included, where applicable, in zone changes, planned .ccmmunity texts and development plans, tentative and final tract maps, division of land and parcel maps, and conditional use permits. (2) It is the duty of the Conmunity Development Director to verify that the requirements of this Section are complied with, and to notify all interested parties and agencies of such cont01iance. (3) It is the duty of the Building Official to enforce the provisions of this Section that are applicable to the issuance of a building permit. d Genera]. Provisions (1) Any person who proposes to divide real property for the purpose of creating residential building3 sites, shall pay a park fee or provide park land in accordance with ~be .~equ]re- -30- 1 m~nts of this Secticn. Z (2) Any person who proposes to construct or establish ~ residential dwelling units on a building site as a result - ~[ increase in permitted density as authorized by the Planning 5 Commission and/or City Council, shall pay a park fee or provide 6 .park land in accordance with the requirements of this Section. 7 (3) The public interest, convenience, health, welfare 8 and safety require that approximately 7 acres of property, for 9 each one thousand (1,000) persons residing with the City be 10 devoted to public park and recreational purposes. 11 (4) Said requirement will be satisfied in part by 12 cooperative arrangements between the City and the local school 15 districts to make available three (3) acres of property for 14 each 1,000 persons residing within the community for park and 15 recreational purposes. 16 (5) The remaining four (4) acres of the required seven ~7 (7) acres shall be supplied by the recf_~rements of this Section. ~8 (6) It is the intent of the City Council whenever feasibl~ ~9 to develop local parks within 1/2 mile of the residential 20 properties from which the funds for such development were 21 derived. e Calculations - Subdivision and Division of land 25 Except as modified and or except as provi~.ed in this S,~I=.~ 24 the requirements of this Section may be cc~plied with by the ~5 provisicn of park land, the payment of a park fee, or a 26 combination of park land and park fee, in accordance with the Z7 provisions of the following: 28 (1) Amount of Park land Required - P~qen the requirements 29 of this Section are complied with solely on the basis of 50 providing park land, the minimum amount of land to-be provided H1 shall be computed by multiplying the number of' proposed ~ dwelling units by the park land acres per dwelling unit in -31- accordance with the appropriate density classification in the following table: 5 [x~elling Units Persons Per Park Land A~res ~' Per Gross Acre Dwelling Unit Per [X~elling Unit Up to 6.5 3.75 .015 5 6.6 to 15.5 3.20 .0128 6 15.6 to 25.5 2.10 .0084 V 25.6 and up 1.90 .0076 8 (2) Amount of Park Fees Re~.35red - Whenever the r_equire- ments of this Section are complied with solely on the basis 9 of the payment of park fees, the amount of such fees shall be 10 ccr~u..ted by multiplying the number of proposed dwelling units 11 by the acres per dwelling unit shown in the table in ~Z subsection ~ (1) above and by multiplying the resultant acreage amount by the full cash value of the land being developed, per 13 acre as determined by the latest equalized assessment roll. ThE ~t4. assessed value sh~q in the equalized assessment roll Shall be 15 deemed to be 25 percent of the full cash value. ~- (3) Amount of Park Iand and Park Fees Combined - ~enever 16 the req~ir~ts of this Section are cc~nplied with by both the 17 provision of park land and the payment of a park fee, the ~8 amount of the park fee shall be computed by determining the required amount of park land in accordance with 'the provisions 19 of subsection e(1) above and subtracting the arepunt of park 20 land actually provided. The remainder shall be converted to 21 "fee" in accordance with the provisions of subsect/on e (2). 22 f Calculations - Unsubdivided and Previously Subdivided 25 Whenever a propercy owner or builder pr.oposes to build, 24 place, or otherwise establish dwelling units on a building site created prior to the adoption of this Section, or created by 25 parcel map subsequent to the adopt/on of this Section, and the 26 authorized density is increased by action of the Plar~ing ~7 Commission and/or City Council above that authorized by the ~. Zoning Ordinance at the effective date of this Section, he shal] pay a .park fee in accordance with the following schedule: Duplexes $225. per dhvelling u~it 50 Multiple family dwellings $100. l~r d~lling ~nit 51 For bedrooms over one 50. per bedroom Mobileh~ Park Pads 100. per pad -32- g Credit for Private Open Space Where private openspace for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the__ subdivision, such areas Shall be credited against the requiz~ ment of dedication for park and recreational purposes, as set forth in Subsection e(1) above, or the payment of fees in lieu thereo~, as set forth in Subsection e(2) above, provided the City Council finds it is in the public interest to do so, and that the following standards are met: (1) That yards, court areas, setbacks and other. open areas required to be maintained by the zoning and building regulaticns shall not be included in the computation of such private open space; and (2) That-the private ownership and maintenance of the space is adequately provided for by written agreement; and (3) That the use of the private open space is restricted 'for park and recreational purposes by recorded convenants which run with the land in favor of the future owners of property within the tract and ~,~hich cannot be defeated or eliminated without the consent of the City Council; and. (4) That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, including provisions for bicyclists, and location of the private open space land; and (5) That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the general plan, and are approved by the City Council; and (6) That the area for which credit is granted shall be minimum of two acres and provide at least five of the lcc~it~ park basic elements listed below or a combination of sud~ a~ other recreational improvemsqts that will meet the specific recreation-park needs of the future residents of t~he project: (a) children's play apparatus area; (b) landscape park-hike and quiet area; (c) family picnic area; (d) g~ne court area (basketball, volleyball, tenniS) (9,600 square feet minimum); (e) turf playfield (180' x 240' minimumJ; (f) swinrning pool (30' x 60' minimum pool size); -33- ~ (g) recreation center building (1,200 square feet minimum); 2 (h) jogging (par) course or a suitable pathway for jogging. ~- ~ Areas less than two acres may receive some credit on a prorated basis, provided at least four of the above elexents ~ are included. 5 h Choice of land or Fee 6 (1) Procedure. The procedure for determining whether the 7 subdivider is to dedicate land, pay a fee, or both, shall be as follows: 8 (a) Subdivider. At the ~ of filing a tentative 9 tract map for approval, the owner of the property shall, as a 10 part of such filing, indicate whether he desires to dedicate property for park and recreational purposes, or whether he ~11 desires to pay a fee in lieu thereof. If he desires to dedicate ~IZ land for this purpose, he shall designate the area thereof on 15 the tentative tract map as submitted. (b) Action of City. At the time of the tentative tract map approval, the Planning Commission shall determine as a 15 part of such approval, whether to require a dedication of land -16 within the subdivision, payment of a fee in lieu thereof, or a combination of both. 17 (c) Prerequisites for Approval of Final Map. Where 18 dedication is required it shall be accomplished in accordance ~9 with the provisions of the Subdivision Map Act. Where fees are required the same shall be deposited with the City prior to the ~0 approval of the final tract map. OF_n space covenants for Z1 private park or recreational facilities shall be submitted to ~2 the City prior to approval of the final tract map and shall be recorded contentDoraneously with the final tract map. (2) Determination. ~nether the City Council accepts land ~4 dedication or elects to require paymsnt of a fee in lieu ~5 thereof, or a combination of both, shall be determined by consideration of the following: S6 (a) Recreational elCt of the City's general plan;-and ~7 (b) Topography, geology, access and location of land in E8 the subdivision available for dedication; and -- ~9 (c) Size and shape of the ~subdivision and land available for dedication. 50 The deten~ination of the City Council as to whether land shall ~1 be dedicated, or ~ether a fee shall be charged, or a ~2 combination thereof, shall be final and conclu~i~;e. On -34- subdivisions involving fifty (50) lots or less, only ~he payme~J~ of fees shall be required. i. · Time of Commencement At the time ~e final tract map is approved, the City Council shall designate the time When developTent of the pa~ and recreational facilities shall be conm]enced. When fees are paid in lieu of park land dedication, initial development of local park facilities shall begin at such time as there are sufficient funds available. to the City Council to accfdire the land, to install the necessary improvements and facilities, and to maintain them in a neat and orderly manner. j. n~mitation on Use of Land and Fees The land and fees received under this Section shall be used only for the purpose of providing park and recreational facilities to serve the subdivision for which received and the location of the land and amount of fees shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. -35- Section 19. Section 9392 is hereby amended to read: "9392 REVERSICN TO ACREAGE BY PARCEL A subdivider may file a parcel map, pursuant to the procedures of Section 9391, for the purpose of reverting to acreage land previously subdivided and consisting 'of four or less ccntiguous parcels under the same c~nership. Any map so submitted shall be accompanied by evidence of title and non-use or lack of necessity of any streets or easements ~nich are to be vacated or abandoned.' Any streets or easements to be left in effect after the reversion shall be adequately delineated on the map. After approval of the reversion by the City Council, the. map shall constitute legal reversion to acreage of the land affected thereby, and shall also constitute abandonment of all streets and easements not shown on the map. The filing of the map shall also constitute a merger of the separate parcels into one parcel for the purposes of this Chapter. Except as provided in subsection a(4) of Section 9356, on any parcel map used for ~reverting acreage, a certificate .shall appear signed and ackncxvledged by all parties having any record title interest in the lard being reverted, consenting to the prep- aration and filing of the parcel map." Section 20. Section 9393 is hereby. amgnded to read: "9393 PRDCEEDiNGS BEFORE THE CITY COUNCIL A public hearing shall be held before the City Council on all petitions for -ihiti~tion for reversion to acreage. No~ice of the public hearing shall be given as provided in Section 66451.3 of the Government Ccde. The City Council may give such other notice that it deems necessary or advisable. The City Council may approve a reversion to acreage only if it makes the requisit~ fin~tihg, pursuant to Section 66499.16 of the Government Ccde." Section 21. Section 9394 is hereby amended to read: "9394 DELIVERY OF FINAL After the hearing before the City Council end approval of the reversion, the final mad shall be delivered to the County Recorder." Section 22. Section 9395 is hereby amended to read: "9395 F~ECT OF FILING REVERSION MAP WI%~t COb~VlY R~CORDER Reversion shall be effective upon the final map being filed for record by the County Recorder. Upon filin~ all dedications and offers of dedication not shown on the final map for reversion shall be of no further force and effect." -36- Section 23. Secticn 9396 is hereby added to read: "9396 REI.PASE OF SECURITIES Upon' filing of the final map for reversion of acreage with the County Recorder, all improvement securities shall be released..__ by the City Council." Section 24. Section 9397 is hereby added to read: "9397 .~ERGER AND RESUBDM SION (a) Subdivided lands may be merged and resubdivided without reverting to acreage by complying with all the applicable require- ~nts for the subdivision of land as provided by the Subdivision · ',~p 'Act and Ordinances of the City of Tustin adopted pursuant thereto. (b) The filing of the final map or parcel map pursuant to the procedures of this Chapter shall constitute legal merging of the separate parcels into one parcel and the resubdivision of such parcel. (c)' Any unused fees or deposits previously made pursuant to thi~ Chapter pertaining to the property shall'. be credited pro rata towards any requirements for the same purposes which are applicable at the time of resubdivision. (d) Any streets or easements to be left in effect after resubdivision shall be adequately delineated on the map. (e) After approval of the merger and resubdivision by the City Council the map shall be delivered to the County Recorder. (f) The filing of the' map with the County Recorder shall constitute legal merger and resubdivision of the land affected thereby, and shall also constitute abandonment of all streets and easements not shown on the map." Section 25. Part 10 is hereby added to read: " PAR~ 10 CERTIFICATE OF C~LIANCE 9398 CERTIFICATE OF CCMPLIANCE WITH SUBDM SION ORDID~ANCE (a) Any person owning real property or a yendee of suds. 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, acconpanied by the follc~ing: -37- .1 (1) Record of survey. ~ (2) Date and circumstances of divisior~ (3) Location Iof utilities. -- (4) Location and description of private and public 4 improvements on and adjoining the property. 5 (5) Zoning, character, and density of use and development. 6 '(6) The width and approximate location of all existing 7 easements or right-of-ways for roads, drainage, 8 sewers, flood controls, or slope maintenance. (7) Drainage acccx~:~dations. 9 (8) Processing fee in the amount of $100.00. · 0 (c) Upon acceptance of the application for a Certificate ~1 of Compliance, the City Engineer will distribute copies of the application to other departments for conment and revi~q as applicable. ~5 '(d) The City Engineer, on the basis of departmental ~ recc~ndations, shall prepare a~d submit a report t6 the City Clerk for placing on the City C6uncil agenda. ... (e) Upon. making a determination that the division of the ~16 property complies with the provisions of this Chapter, the City ~7 Council shall cause the City Engineer to issue a Certificate of Compliance to be filed for record with the recorder of Orange 18 County. ~0 9399 CO~DITICNAL CERTIFICATE OF CCIMPLTANCE ~1 (a) If the City Council determines that 'such real property does not conply with the provisions of the Subdivision Map Act and ~ City of Tustin Ordinances, it may as a condition to granting a Z5 Certificate of Compliance, impose such conditions as would have been applicable to the division of the property at the time the applicant acquired his interest therein, and Which had been established at ~5 such time by the Subdivision Map Act. and City of Tustin Ordinance. ~6 (b) Upon making such determination and est_ablishing such conditions, the City Co~cil shall cause a conditional Certificate of Compliance to be filed for record with the Orange County "" ~8 Recorder. Such ce~ificate shall serve as notice to the property ~9 uwner or yendee who has applied for the certificate, a grantee of the property owner, or any subsequent transferee or assignee of the 50 property that the fulfilln~nt and implementation of such conditions ~1 shall be required prior to subsequent issuance. of a permit or other ~ grant of approval for development of the propert.V -38- ~ Compliance with such conditions shall not be required 2 until such time as a permit or other grant of approval for development of such property .'is issued by the City. ~ (c) A Certificate of Ccmpliance shall be issued for any 4 real property which has been approved for development pursuant 5 Section 9318 (c) of this Chapter. (d) A recorded final map or p~cel map shall constitute a Certificate of Compliance with respect to the parcels of real 7 property described therein." 8 PASSED AND ADOPTED at a regular meeting of the City Council, City of Tustin, California, held on the 19th day of June, 1978. 11 " ' /Mayor- 15 ATIE ST: 15 city Cl~kk-- 16 18 19 27 29 50 5 2 ~J~'~/3 lm: D: 3/29/78 -39- STATE OF CALIFOP~NIA) . COUNTY OF OP~NGE ) SS CITY OF TUSTIN ) RUTH C. POE, City Clerk and ex-officio Clerk of the City. Council of the City of Tustin, California, does hereb~ certify that the w~ole n~ber of members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 773- 'was duly and regularly' introduced and read at a regular meeting of the City Council held on the 5th day of June , 1978 and was given its second reading ~nd duly passed and adopted at a regular meeting held on the 19th day of June 1978, by the following vote: AYES: COUNCILMEN: WELSH ~ SCHUSTER, SHARP, SALTARELLI , KENNEDY NOES: COUNCILMEN: NONE ABSENT: COUNCILb~EN: NONE City Clerk, ~ity of Tustin, California