The URL can be used to link to this page

Home My WebLink AboutORD 651 (1975)_ ~~%~ ~~ ~` t li I~ 1~ I i` I II ~. ~ ~ ~, ~. ., ~y ~. 6 b ~# ~0 rr~r~r. v ORDINANCE NO. 651 SUBDIVISION ORDINANCE Sections Page Part I - General 9210 General Provisions and authority ............... 1 9211 Compliance required ............................ 1 9212 Conformity to general plan and waiver.......... 1 9213 Definition s ................... ................ 1 9214 Powers and duties of the .Planning Agency........ 4 9215 Powers and duties of the City Council.......... 4 9216 Exceptions ..................................... 4 9217 .- .Appeals ... ..................................... 4 9218 Penalties and remedies ......................... 4 Part II - I~1aps - General 1Y f 1 9220 Applicability .................................. 5 l2 ! 9221 Required maps .................................. 5 9222 Condominium project and community apartment.... 5 x 9223 Parcel maps .................................... 5 ~ ~ 9224 Recordation of maps- ........................... 6 ~~~ ; 9225 Required consent of property owners............ 6 ; 9226 Annexation of subdivided land .................. 6 ~5 f I I Part III - Tentative Tract I.1ap s.6 17~ xs x9 ~ 20 f I 2I, 23 2~ 25 2~ 2'7 75 29 30 31 3~ '~ 9230.0 ~'~ 9230.1 ~ 9230.2 ~ 9230. 3 9231.0 9231.1 9231.2 9231. 3 ~ 9231.4 9240.0 9240.1 9240. 2 9240.3 9240.4 9241. 9?.41.1 9241.2 9242. 9243. 9243.1 9?_43.2 9243. 3 9243.4 9'143.5 Content and form ............................... 6 Iv1ap size ....................................... 6 Map scale ...................................... 6 Graphic and linear representation .............. 7 Required information ........................... 7 A title block containing the following information? Descriptive information ........................ 7 Location and boundary delineation .............. 7 Supplemental information ....................... 8 Part IV - Final Tract Ma Content ai-d form...... ....................... 9 Preparation requirements ....................... 9 P•~ap size ....................................... 10 I~lap scale ...................................... 10 Graphic and linear representation .............. 10 Required information ........................... 10 Title block .................................... 10 Descriptive information ........................ 10 Additional material to be filed with map...-.... 1?_ Certificates and acknowledgments ............... 13 A certificate(owners) .......... ............... 13 Dedications of or offers to dedicate........... 14 City clerk's e}:ecution ......................... 14 Engineer or surveyor's certificate .............. 14 City Engineer's certificate ..................... 14 e. a7 x 7 S 4 b 6 7 s 9 xo xr xL x~ ~.4 15 xs x7 x8 19 2Q 21 22 23 2~ 26 27 29 30 31 32 Sections Pace Part V - Tentative and Parcel Mans 9250.0 Filing requirements ......................... 15 9251.0 Content and form - tentative parcel map..... 15 9251.1 Tentative parcel map size .............. 15 9251.2 ..... Map scale ........................ . 15 9251.3 . ......... Graphic and linear representation.....,,,,,, 16 925'1.0 Required information ........................ I6 9252.1 A title block containing the follow info.... 16 9252.2 Descriptive information ............... . 16 9252.3 . .... Location and boundary delineation........... 16 9252.4 Supplemental information ............... 17 9253.0 ..... Content and form - final parcel map......... 18 9253.1 Final parcel map size ....................... 18 9253.2 clap scale ................................... 18 9253.3 Graphic and linear representation........... 19 9254.0 Required information ........................ .19 9254.1 Title sheet . 19 9254.2 ................................ Descriptive information .............. 19 9254.3 ....... Supplemental information ............. .. 19 Part VI - Administrative Procedures and Fees 9260.0 Tentative, parcel, ar.d final maps........... 9260.1 Preliminary review .......................... 9261.0 Filing of tentative maps .................... 9261.1 Action on tentative map ..................... 9261.2 Planning Agency ......................... 9261.3 .... Council action ... . . 9262.0 . . ....................... Processing of final maps .................... 9262.1 Plan check 9262.2 .................................. Filing of final maps ................. 9263.0 ....... Action on final map ..................... 9263.1 .... Approval by City Engineer ................... 9263.2 Approval by the Planning Agency ............. 9263.3 Subdivisions partly in city and county...... 9263.4 Approval by City Council .................... 9264.0 Fees 9264.1 ........................................ Tentative map fees .......................... 9264.2 Final map fees ........... ........... 9264.3 ....... Improvement plan check and inspection fees.. 9264.4 Reversion to acreage fees . .......... ........ PartVII - Standards and Requirements 9270.1 Dedications . 9270.1 ................................ Elementary school sites ..................... 9270.2 Park and recreational sites ................. 9270.30 Reservation requirements ................. .. 9270.31 Standards and formula for resErvation of land 9270.32 Procedure ................................... 9270.33 Payment ..................................... 9270.34 Ter~.i.nation ................................. 9270.40 Public streets, highways, alleys, easements.. 9270.50 Private streets, alleys or ways .............. 9270.60 Utility easements ............................ 9270.70 Drainage easements ........................... 9270.80 Exemptions ................................... 9270.90 Effective date of dedications ................ 9271.0 Correctiotz and amendment of maps ............. 20 20 20 21 21 21 22 22 22 22 22 23 23 23 24 24 24 24 24 ~5 25 26 26 26 27 27 27 27 27 28 28 28 28 28 r / / , J J~ .~ i Sections ~- - 1 ,~9272.0 Soils report ............................... +9272.1 Requirements ............................... ~ ~~9272.2 Rddition~l requirements............ ...... • • X19273.0 Monuments .......................... ~ ..... ... ~~ I~ 9273, 1 Exterior boundary monufi~ents • . 9273.2 :::::::::::::: Interior montuments. ~~ 9273.3 Completion of setting of monuments......... I I 9273.4 Payment to Engineer or Surveyor............ u X9273.5 Substitute engineer or surveyor............ 7 i 9274.0 t 9274.1 Improvement standards ...................... Compliance ~,~ith zoning ordinance........... Part VIII - Bonding and Improvement ~ I ~ ~ Security ~i I9280.0 Required.documents ......................... ~ ~9280.1 Improvement agreement ......... ... ~~ 9280.2 Subdivision improvement bonds. ... ::::::: ::: 19280.3 Faithful performance bond, monuments....... ~1 9280.4 Surety company requirements ................ 19280.5 Cashdeposits and negotiable bonds........... f '92.81.0 Improvement security: Release ............. ~~~ 1 4 Part IX - Reversion to ,acreage ~`~I ~929G. Reversions to acreage by final map......... , 19290.1 Initiation of proceedings by owners........ ~-~ I ~ 9"190.2 Initiation of proceedings by City Council, . ~ i 9290.3 Data for reversion to acreage. 1~~ i9290.~1 Fees ....................................... i 9290.5 Proceedings before the City Council........ I ~rj 9290.6 Release of securities ...................... ~ '9290.7 Delivery of final map ...................... ~~ ' ;9290.8 Effect of filing reversion map with the c ~ county recorder ........................... ~~ J 20 ~ f ~ ~ 21 ( i i 22 , ~ 23 ! ~ 2= ~ 2..~ ~ i ! j . 26 ~ j 27 j 28 29 se 31 32 III II . i (~ I~ - PagE~ 29 29 29 29 29 29 30 30 30 31 31 31 31 31 32 3 ?_ 32 32 33 33 '3 J 33 33 33 34 34 34 1 ORDINANCE NO. 651 P. AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, PROVIDING FOR THE PROCESSING OF SUBDIVISIONS The City of Tustin ordains that Chapter 9 of the Tustin City Code be amended to read as follows: CHAPTER 9 SUBDIVISIONS Part I-- General 8 .9.2,10 General Provisions and Authority 9 This ordinance is adopted pursuant to, to supplement, and 10 implement the Subdivision Map Act of the State of California and may be cited as the Subdivision Ordinance 11 of the City of Tustin. 1~ 92.11 Compliance Required '-~ ---~- . ~:~ .--_, 13 It shall be unlawful for any person, as a principle, agent, or otherwise to sell, offer for sale or cause or permit to 14 be sold or offered for sale any portion of any .subdivision "" or parcel of land in the city unless and until'all.-the re- "" :.'~/~ ....! ....15 ..... /./TM -quirements of this ordinance have been complied-with. -1..; .~ .....;, :-:-__: - , . - . · .-. .... .' _~:::- ... ..--: ~' ,_t.:.-v.,../,:r. ......16 9212: ConfOrmity to 'General Plan andf Walve~"-"-:" 1? (a) A report by the Planning Agency as to conformity to the general plan, required pursuant'to Section 65402 of 18 the Government Code as the result of a proposed divisio2 of land may be included as part of the Resolution of 19 the Planning Agency on the action taken on such ....... 0 ..-- . division of land. . - . - -.-- -~ .,_ .. : ::: .-- (b) Such report is not required for a proposed subdivision 21 which involves (1) the disposition of the remainder of a larger. parcel which was acquired and used in part 22 for street purposes; (2) acquisitions, disportions or abandonments for str.eet widening; or (3) alignment 2~ projects, provided that the advisory agency expressly finds that any such disposition for street purposes, PJ acquisitions, dispositions, or abandonments for street widening, or alignment projects is of a minor 25 nature. 26 9'213 Definitions 27 (a) Whenever any words orphrases as used in this ordinance are not defined herein but are defined in the Sub- -- ?J division Map Act as last amended, such definitions ar~ incorporated herein and shall be deemed to apply as ~9 though set forth in this ordinance. 80 (b) For the purposes of this ordinance, the following words and phrases shall have the meanings as herein ascribed 81 to them: ADVISORY AGENCY - The Planning Commission and/or Planning Agency as established by City Ordinance shall be the advisor..v agency for review of tentative and final maps. APPEAL BOARD - The City Council of the City of Tustin. 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. ARTERIAL HIGHWAY - A thoroughfare not less than eighty feet in width that forms an important unit in the cityf county or state highways system, and shown as a major highway on any master plan of streets and highways approved by City Council. DESIGN- "Design" means: (1) street alignmentsr 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) such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to of specific plan implementation of the general plan. FINAL MAP - A map prepared in accordance with the provisions of this ordinance and designed ~'to be placed on record in'the loffice .of the.. county recorder. FREEWAY - A thoroughfare which provides for the move- ment 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 CoLuncil. 'i- LOCAL STREET - A street of minor-importance in the city county of state highway system~ and intended wholly or principally for local traffic. MAP ACT - The Subdivi'sion 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 proprie- tary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this ordinance, and while used herein in the masculine gender and singular number, it shall be deemed to mean the feminine and neuter gender and plural number whenever required. PARCEL MAP - A map prepared and submitted for any sub- division creating 4 parcels or less and for those sub- divisions containing 5 or more parcels under those conditions contained in Sec. 9121 a. (1) Para. (4) . -2- ~ ......... .~ -'-, .... ~ .... ~ beautlfled ~ - tings ~ an' the pleasure of those who use it, with sign controls, and shown as a scenic highway ,on any general or specifi~ plans of streets and highways approved by the City Council. PLANNING AGENCY - The Planning Agency shall be the Planning Commission, City Council, or Community Development Director, 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 plant- ing 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 · ngress to or egress from a lot or lots which may or may not have frontage on a public street. COLLECTOR STREET ' A thoroughfare having a~Wid~h'of less than sixty feet of secondary importance in the city, county or state highway system, and shown as a collector street on any general streets and highways approved by SERVICE ROAD -.ThatI porti ~ ~ ' i h lying 'outside o'f' the principal roadway lthe~eof, separa~ 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, ship or associate who proposed to divide, divides or causes to be divided real property into a subdivision_ for himself or for others. Subdivision means the division of any improved or un- improved land, 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. Property shall be considered as continuous units, even if it is separated by roads, services, utility easement or railroad rights-of-way. Subdivision included a condominium project, as defined in Section 1350 of the Civil Code or a community apart- ment project, as defined in Section 11004 of the Business and Professions Code. The conveyance of land ~- to a governmental agency, public entity or public utility could not be considered a division of land for purposes of computing the number of parcels. TENTATIVE MAP - A map made for the purpose of showing the design of a proposed subdivision and need not be based on an accurate or detailed final survey .of the proper ty. -3- 9214 POw~ ~na Duties of tb~ P?an~.ing Agency The Planning Agency (Commission) shall. have all the powers and duties with respect to tentative and final maps and the procedure relating thereto which are specified by law and- by this ordinance. 9215 Powers and Duties of the City Council The City Council shall have the final approving authority for tentative and final maps as specified by law and by this ordinance and upon all matters filed. as an appeal from the decision of staff and/or advisory agency. 9216 Exceptions This ordinance and the procedures contained herein shall be inapplicable to: (a) Short term leases (terrainable by either party on not more than 30 days notice in writing) of a portion of the operating right of way of a railroad corporation defined as such by Section 230 of the Public Utilities Code; ~ ' -(b) The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobilehome parks or trailer parks; ' (c) Mineral, oil or gas leases; (d) Land dedicated for cemetery purposes under the Health- - - and Safety Code of the State of California. 9217 Appeals Appeal to the City Cotn~cil. may be made by any~individual concerning any decision, determination or requirement of the Planning Agency-or City staff by filing a notice thereof in writing with the Community Development Departmen~ within ten days after such decision or requirement is made. Such notice shall Set"forth in detail the action and grounds upon which the subdivider or interested party deems aggrieved. The rfght of appeal to the City Council shall be exercised by the payment of a filing fee and filing of an appeal pursuant to the requirements for notice and public hearing as specified by the Zoning Ordinance for appeals to the City Council. 9218 Penalties and Remedies The imposition of any penalty for the violation of this ordinance shall be deemed not to bar any legal equitable 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 superior court of the state, in and for the county, to restrain or enjoin any attempted or proposed subdivision or sale in violation of this ordinance. -4- Part II -- MAPS - GENERAL 9220 Applicability The necessity for tentative, final and parcel maps shall be governed by the provisions of this ordinance. 9221 Required Maps (a) A tentative and final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of Civil Code, or a community apartment project containing five or more parcels, except where: (1) The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the City Council, or (2) Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway, or (3) The land consists of a parcel or parc~ls~of land having approved access to a public street or high- way which comprises part of a tract of land zoned for industrial or commercial development, and. which has the approval of the City Council "aS to s.treet .~-.~ '..._ alignments and widths, or "~ .. ~- . .... :" .... ' area of 40 acres or more. -.. (b) A parcel map shall be required for those-subdivisions described in subparagraphs (a) (1) , (2) , (3)', and (4) above. 9222 Condominium Project and Community Apartment ~ . ._-.. (a) A tentative and final map shall be required for a condominium 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 in- cluded in the project, including those parcels or lots shown in common ownership. (b) Tentative and final maps for initial construction or conversion of existing structures for residential occupancy shall conform to the criteria of the Zoning Ordinance (Ordinance No. 157, as amended) for the Residential Planned Development (RPD) District. 9223 Parcel Maps (a) A parcel map shall be filed and recorded for any sub- division 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 Sub- division Map Act and of this ordinance and shall. 'show all dedications or offers of dedication thereon. The Planning Agency may require that such dedications or offers. of dedication be made by deed in lieu of or in addition to appearing on the map. -5- 9224 Recordation of Maps (a) Of the maps required by this ordinance, only final and parcel maps may be recorded in the office of the county recorder. (b) Failure to file a final map with the County Recorder within sixty days from the approval or conditional approval of such map shall terminate all proceedings. Any subdivision of the same land shall require the filing of a new map. 9~25 Required Consent of Property Owners No map required by this ordinance which creates a sub- division shall be filed with the City of Tustin without the written consent of all parties having any record title interest in the real property proposed to be subdivided, except as otherwise provided by this ordinance. 92~6 Annexation of Subdivided Land (a) When any area is a subdivision as to which a final map has been finally approved by the board of supervisors and filed for record pursuant to the State Map Act is thereafter annexed to the City of Tustin~! the final map and any agreements relating to such SUbdivision shall continue to govern such subdivision. (b) When any area in a subdivision or proposed subdivision as to which a tentative map has been filed but a final .... map has not been finally approved by the icounty, or as to which a' parcel map is required by this 'ordinance " - but the final act required to make such parcel map - effective has not been taken, is annexed -'to the city all procedures and regulations required by this ordinance shall be deemed to commence as ~of the effective date of the annexation and the map shall comply with the requirements of the ordinances of the City of Tustin. Part III- TENTATIVE ~RACT. MAP 9230. Content and Form The content and form of. tentative tract maps shall be governed by the provisions of this ordinance and shall be prepared in accordance with the following criteria: '9~'30..71 Map Size (a) The minimum 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. 9230~2 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. -6- Graphic ~nd iLkear represer~tation Proposed lines and features within the tentative tract shall be represented 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 remamn er to be quit-claimed. (e) Water lines, sewers, storm drains, etc. - heavy dashed line and labeled as to intended use; whether existing or proposed and whe~er to remain or to be removed. (f) Existing contours - light dashed line with elevations denoted. Required Information A title block containing the following information: (a) The tentative tract n~er. -~. ~...k-~'~" .... (b) Names, addresses, property owner or .the pers0n.and. i firm that propoSed._ the map~.~f~]~q/~./r.~ ~ Descriptive Information , 7 ~,.~-,.~ .'.-.-,=~' , (a) North ~rrow, scale, date, n~er of lots, ~'gross' area, and contour interval. Location and boundary delineation = -:::'::--t-.:.-r:. · ~' .- (a) The tentative tract map boundary lines shall be to the centerline of any existing abutting local public street if any portion of the street or highway is not fee by the subdivider (person certifying ownership in Sec. 524.4) the owner of such street or highway shall be identified on the map, but approval for filing is no~ 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." (b) 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 ~e tentative tract. (c) A description of the tentative tract bo~dary 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. -7- Supplemental Information (a) The lot layout, including the approximate dimensions of each lot or parcel. (b) A lot number of each proposed building site. (c) An alphabetical identification for each parcel not proposed as a building site and an explanation as to its intended use. (d) The width and approximate locations of all existing or proposed easements or rights-of-way, whether public' or private, for roads, drainage, sewers, or flood control, slope maintenance or recreation purposes. (e) The locations, widths and approximate grade of all existing and 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 shown on the tentative map. (f) The locations and widths of all' existing'~street and highway improvements, including. street intersections, medians, driveways, alleys, curbs and gutters, side- walks and edges of pavement within two hundred (200) feet of the boundaries of the proposed tract. (g) 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~. (h) 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. (i) The location of any excavations within~ the subdivision i or within 200 feet of any portion of the subdivision, the location of any existing wells, cesspools, sewers, culverts, storm drains, and und. erground Structures within the subdivision, and a statement nothing whether or not such uses are to be abandoned, to be -. removed, or to remain. (j) 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. (k) Type and extent of proposed street improvements, and diagrams of typical street sections. (1) Approximate radius of all centerline curves on high- ways, streets, alleys, and vehicular accessways. (m) Proposed method of sewage disposal and the name of the sewering agency, and the capacity of the collector and the sewage treatment facility. -8- (n) Name of proposed water supplier. (o) Type of other utilities which are proposed to serve the subdivision, including but not limited to gas, electricity, communications, ~nd cable television; the name of the utility company or agency that will provide the service~ and a notation as to whether the _h utilities will be above ground or underground. (p) The drainage area tributary t0 the Subdivision and a statement setting forth in detail, but not quantitati- vely, the manner an which storm runoff will enter the subdivision, the manner in which it will be carried through the subdivision and the manner in which disposal beyond the subdivision boundaries will be assured, and, where applicable, with reference ~to any duly adopted Master Plan of Drainage. (q) A statement certifying to one of the following hand signed by the subdivider or his authorized agent; (1) That the ~,subdivider is the property owner of record; or (2) That the property owner of record con~ents' to the filing of the tentative tract map. (r) 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. ~.~ ~.. (s)' The height.,-area-= and , configuration' '0'f"man~d'e_'~.Siopes shall be clearly shown. All slope areas shall be shown by type - .- · (t) The approximate location of all trees standing within the boundaries of the proposed map. (u) A copy of any ~restrictive ~convenants' prop~='~ea 'shall be appendixed to the map. (v) A ="Revision Block" shall be placed on each revised map and all changes shall be clearly indicated. Part IV - FINA~ TRACT- MA~p Content and Form The content and 'form of the final tract maps shall be governed by the provisions of this ordinance and shall be prepared in accordance with the following criteria: Preparation Requir.ements (a) The final tract map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, and shall be based upon a survey. (b) The hydrology and drai'nage plans shall be prepared by a licensed civil engineer. -9- I 9240 ~ 2 Map Size ~ The map size of each sheet shall be 18" x 26". ~ 9240.3 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 eighty feet. 9240.4 Graphic and Linear Representation (a) The final tract map shall ba legibly drawn, printed 8 or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base 9 film. Certificates, affidavits and acknowledgments may be legibly stamped or printed upon the map with 10 opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable ~l substance to assure' permanent legibility. {b) A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. ' ~ (c) The boundary line of a subdivision shall ~--~De indicated 14 by a border of light blue ink approximately one- sixteenth (1/16) of an inch in width applied on the 15 reverse side of the tracing and outside Such bo~Lndary line. Such ink shall be of such density I-=as to be __ i6 transferred to a blue line print of such map and not to obliterate any line, figure or other data appearing 17 on the map. . 18 (d) Proposed streets and lot lines - heavy s0'lid line. 19 (e) Existing lot lines - light solid line. ~0 (f) Easements - light dashed line and labeled as to intended use, whether existing or proposed, public or ~1 private, and whether to remain or to be-quit-claimed. ¢ ~2 924'I.. Required Information The final tract map shall contain the required information as specified herein. 924T. 1" Title Block 25 The Final tract number and legal description. 9241'.2' Descriptive Information (a) Every sheet comprising the map Shall bear:'a north ~8 arrow, scale, date, number of lots, gross area, sheet ~' number and number of sheets comprising the map. (b) When the final map consists of more than two sheets, ~0 a key map showing the relation of the sheets shall be placed on one sheet. 81 -10- 1 (c) All survey and mathematical information and data nece~sa/~y ~o i~Le all n-toi'~unients and ~ ~oc~e 2 retrace any and all interior and exterior boundary lines appearing thereon shall be shown, including 8 bearings and distances of straight lines, and radii, and arc length or Chord bearings and length for all 4 curves, and such information as may be necessary to determine the location of the centers of curves and 5 ties to existing monuments used to .establish the sub- division boundaries. Sufficient data must be shown ~ to determine readily the bearing a~d length of every lot line, block line and boundary line. Dimensions of ~ lots must be given as to net dimensions to the boundaries of adjoining streets, and shall be shown in 8 feet and hundredths of feet.- No ditto marks shall be used. Lots containing one acre or more shall show net1 9 acreage to nearest hundredths. Bearings and distances of straight lines, and radii and arc lengths for all ~0 curves as may be necessary to determine the loc~tion of the centers of curves. shall be .shown. 11 (d) Each building lot shall be numbered and each 'block may be numbered or lettered. Each street shall be named. (e) The exterior-boundary of" the fland-included .within the " subdivision shall be indicated by distinctive symbols 1~ and clearly so designated. The map shall show the definite location of the subdivision,- and-particularly -- 15 ' '- its relation to surrounding surveys. Th~ adjoining ~!' ' ' ' corners of all adjoining subdivisions shall be identi-j_' !~ fied by lot and block numbers, tract name and-place < "' ' ',-1~ record or other proper.' designation. !~-- ~ - '- li~ ~ = ~" ~ (f) Whenever the city engineer has established the center .... 18 line of a street or alley adjacent to or ~in th'e pro- posed subdivisions, the data shall be shown on the 19 final map, indicating all monuments found making ref- erence to a field book or map. If the points were ~0 reset by - ties, that fact shall be stated. ~1 (g) The final map shall show the location and description of all monuments found in making the survey of the ~ s~bdivision. (h) The map shall show ,the line of high water, inCase the subdivision is adjacent to a stream, and the areas subject to periodic inundation by flood waters. ~5 =(i) The map shall show the center and side lines ~f 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 pJ~ appearing on the map. . ....... ~9 (j) 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 of ~0 record, its recorded reference given. If any easement is not definitely located of record, a statement of 8! such easement must appear on the title sheet. Ease- ments for storm drain, sewers and other purposes -11- shall be indicated by dotte~ lines of the same width as the lines d~u~.in~ strcct boundarie~ The w~d.t_h of the easement and the lengths and bearings of the lines thereof and sufficient ties thereto to defini- tely locate the easement with respect to the sub- , division 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° (k) City boundary lines crossing or abutting the sub- division shall be clearly designated and referenced. (1) Lot numbers shall begin with the number "1" and shall continue consecutively through the tract, with., no omissions or duplications. (m) The final map shall particularly define, delineate and designate all lots intended for sale or reserved for private purposes, all parcels offered for dedica- tion for any purpose, public or private, and any . private streets permitted under the provisions of th~S article, with all dimensions, boundaries courses clearly shown and defined in every case. Parcels offered for dedication but not accepted shall be designated by letter, and private streets offered, but not accepted for dedication shall have inserted the words, "Not a Public Street. ". (n) Maps filed for the purpose of reverting subdivided land to acreage shall be conspicuously titled "The Purpose of the Map .is a Reversion to Acreage." ~o) When a soils report has been prepared~ this fact shall be noted on the final map, together with the- date of the report and the name of the engineer making. the report, (p) The map shall also show all other=. data that is or may be required by law. ~"=~-. Additional Material to be Filed with Map At the time of the filing of the final map with the City of Tustin, the subdivider shall also file therewith the following: (a) In the event any dedication is to be made for the public use, a preliminary subdivision report, in the name of the owner of the land, issued to or for the benefit and protection of the city, showing all parties whose consent is necessary to pass clear titl to the land being subdivided, together with the natur of their interests therein, except where the land embraced in such subdivision is registered under the Land Registration Act (Torrens Act). If the land is so registered, a certified copy of the certificate of title shall be furnished. (b) The instrument prohibiting traffic over the side lin~ of an arterial highway, when and if the same is required pursuant to-~ this ordinance. -12- 1 9243. Certificates and Acknowledgments Prior to filing, those certificates and acknowledgments set forth in this ordinance shall appear on the final map and may be combined where appropriate. 4 9'243.1 A certificate, signed a'n'd acknowledged by all parties having any record title interest in the real property 5 ~ ~ded, consenting to the preparation and recordation of the final map is required, except as follows: (a) Neither a lien for State, county, municipal, or local taxes, nor for special assessments, nor beneficial interest under trust deeds, nor a trust interest 8 under bond indentures, nor mechanics' liens constitute a record title interest in land for the purpose of 9 this ordinance. 10 (b) Signatures of parties owning the following types of · interests may be omitted if their names and the nature~- Lt' of their respective interests are stated on the final Map: --~ .....' ="-=~-~:.-..:,!~ (1) R'ights-of-way, easements or other interests which cannot' ripen in~o'a.~!fee, =exCept "those~!6~ed~'~'by a ': public entity or public utility unless it is !4 determined by the City Council that division and ~ development of the property in the manner set fort' ' ~" :~.I.' --· ... _ entity or public ~ · - - utility right of way ~or .easement~ ' '-~ '~- - provided that such Omission 'shal'l.be'indicat'ed .by "?-'~ :'-'~.--1~ " ' a reasonable statement Of the 'circumstances '·--":' .... " ' = 'venting the procurement-of the signatures sh~ll .. . . - be ~endorsed on the map~ As a further ~requirement~ the subdivider shall send by certified mail, a 19 sketch of the proposed final map, together with a 20 ·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 public utility objects to recording the final map without the signature of each public entity or 22 public utility, it shall so notify the subdivider 9.~ and the City Council within 30 days after receipt thereof, otherwise the signature may be omitted. Failure of the public entity or public utility to 2~I object to recording the final map without its signature shall in no way affect its rights under ~5 the right of way or easement. 9_~ (2) Rights of way, 'easements or reversions, which by ~? reason of changed conditions, long disuse or laches appear to be no longer of practical use or pJ value and signatures are impossible or impractical to obtain. A statement of the circumstances pre- venting the procurement of the signatures shall 29 also be stated on the map. S0 (3) Interests in or rights to minerals, including but not limited to oil, gas or other hydrocarbon sub- ~i stances, if (i) the ownership of such interests ~Z or rights does not include a right of entry 0n the -13- surface of the land, or (ii) the use of the land, ownership of such interests or rights, is pro- hibited by zoning or other city ordinances or regulations. (c) Real property originally patented by the United State.~ or by the State of California, which original patent reserved interest to either or both of such entities, may be included in the final map without the consent c6f the United States or the State of California thereto or to dedications made thereon. 9243.2 Dedications of or offers to dedicate interests in real property for specified public purposes shall be made by a certificate on the final map, signed and acknowledged by those parties having any record title interest in the real property being subdivided, subject to the provisions of this ordinance. In the event any street shown on a subdivision map is not offered for dedication~ the certificate may contain a st'a~ement to this effect. ~pf '~' such statement appears on the map and if the map is a roy d by the City Co~cil~ the use of any such street or streets by the public shall be permissive only. An offer of dedication of real property for street or public utility easement purposes shall be deemed not to include any public utility facilities located'on or under such real property unless and only to the extent and inten~ to dedicate such facilities is expressly stated in the certificate, 9243.3 A certificate for execution by the City Clerk'Stating the City Council approved the map and accepted, accepted subject to improvement, or rejected, on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. 9)-43.4 A certificate by the engineer or surveyor responsible for the survey and final" map is required. His certificate shall give the date of the survey, state that the survey and final map were made by him or under his direction, and that the survey is true and complete as shown. The certificate shall also state that all the monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before a specified later date. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced. 9~43.5 A certificate by the City Engineer stating: (a) He has examined the map. (b) The subdivision as shown is s~bstantially the same as it appeared on the tentative map, and any approved alterations thereof. -14- Part V - TENTATIVE AND PARCEL MAP 9250 0 Filing tY · Requirements owner or his r e n ro d d parcel of land for any purpose which will result ~n the creation of four parcels or less, or five parcels or more under the conditions listed in Section 9221. 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. When a tentative map is required, an approved or conditi- onally approved tentative map shall expire 18 months after its app'roval or conditional approval. (a) The expiration of the approved or conditionally approved tentative map shall .~erminate all proceedings and no parcel map of all or any portion of the real property included within~ such tentative map shall be '~ . '~. ' filed without . first- processing a new ten .~ative?~map. (b) Upon application of the subdivider .filed Prior~o the expiration of "the approved or conditionally apprOved tentative map, the time at which such mapi~expires may be extended by the Planning Agency for a period or periods not exceeding a total of two years. If the '.--~'= ' Planning Agency denies a subdivider's application for '~'~-,-I.I'~ '-extension, the'"subdivider may appealto ~hel'e~islati~.~ body within 15 days after the Planning Agency ~a~s denied the extension. 9-251.0 Content and Form - Tentative Parcel Map The content and form of the tentative parcel map.~shall be ....... - governed by the provisions of' this ordinance and shall be prepared in accordance with the following criteria: 925i..1 Tentative Parcel Map Size (a) The minimum 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. 9251.2 Map Sdale 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. -15- 9251.2 Graphic and Linear Representation -~ ~ ........ within ~h~ +~n+~t~T~ map. shall be represented on the tentative map as fotlows.~ '(&) Parcel map boundary - heavy, double-width solid line. (b) Proposed streets and parcel lines - heavy solid line. (C) i Existing parcel 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 o - heavy dashed line and labeled as to intended use, whether existing or proposed and whether to remain or to be removed. (f) Existing contours - light dashed line with elevations denoted 9'j52..0' Required Information 9252~.-f- A title block containing' the. following'information: Names, addresses, and telephon'e'numbers of the property owner or owners of record, the subdivider, and the person and firm that proposed the map. ~.. 9'252~. 2 Descriptive Information _ ~ North arrow, scale, date, number of parcels, gross area,,. - and contour interval. 925'2'.3'f Location and boundary delineation (a) The tentative parcel map boundary lines shall be to th~ centerline of any existing abutting local public street or any existing or proposed arterial highway. However if any portion of the street or highway i's not owned in fee by the subdivid&r ' '- the owner of such street or highway shall be identified on the map, but approval for filing is not required from such owner. The final parcel map boundary. lines shall be to the limits of fee ownership within such streets or highways and this small be deemed to be '.'in conformance with the tentative parcel map." (b) A general location diagram showing the location of the tentative parcel map in relation to existing and proposed arterial highways, including the closest approximate distance from each highway to the tentative tract. (c) A description of the tentative 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 may be shown on a separate sheet accompanying the tentative map. -16- 4252_4 Supplemental Information (a) 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 parcell or parcels has not been shown on such recorded parcel map or recorded tract map, or has not been shown on a record of survey map,'II a conveyance or conveyances legally dividing such parcel or parcels from surrounding parcels shall be attached to the tentative map application. (b) The parcel layout, including the approximate d enslonB ~m of each parcel and a number for each proposed parcel. (c) The proposed use of parcels.. (d) The width and approximate locations of all existing ' or proposed easements or rights-of-way,-whether public or private, for roads, drainage, sewers or flood controls or slope m~intenance. ' .......... (e)-.-The -loca.tions,~widths~=.!and~!a.pproximate~Lgrades~©f~!--=all '~? ,, .i~ .. ,'~ proposed streW[ ~land highway' lmprovements,~inclUding street intersections',medians,'driveways,~'allevs.,'i..'~i curbs and gutters, sidewalks,'andpave~ent within"the proposed tractiSaid l~cation~may~.bei'~'r-~ shown either i~plan or by reference to a~ cross-section{ tentative map...'_ highway improvements, including streetinterseCtions; medians, driveways, alleys, curbs and gutters, side- walks-and edges of pavement within tWochundred (200).'?'fi feet of the boundaries of the proposed parcel map. (g) The locations ofall areas subject to inundation or flood hazard and the locations, widths a~d'directionsl=-...:~ of flow of all watercourses and flood control channels (h) 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 st. ructure is to be removed from or remain in the development of the subdivision. (i) The location of any excavations within the subdivision or within 200 feet of any portion of the subdivision, the location-of any existing wells, cesspools, sewers, culverts, storm drains, and underground structures within the subdivision, and a statement noting whether or not such uses are to be abandoned., to. be removed, or to remain. (j) 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 project: the proposed number of units shall be stated. -17- (k) Approximate radius of all centerline curves on 1 highways, streets, alleys, and vehicular accessways. (1). Proposed method of sewage disposal and the name of the sewering agency, and the capacity of the collector and the sewage treatment facility. 4 (m) Name of proposed water supplier. ~ ~ (n) Type of other utilities which are proposed to serve the subdivision, including but not limited to gas, electricity, communications, and cable television; the name of the utility company or agency that will ~ provide the service; and a notation as to whether the utilities will be above ground or underground. 8 9 (o) The drainage area tributary to the shbdivision and a statement setting forth in detail, but not quantita- tively, the manner in which storm runoff will enter ~0 the subdivision, the manner in which it will be carried through the subdivision and-the ,manner in 11 which disposal beyond the subdivision boundaries will be assured, and, where applicable, with reference to any .duly adopted Master Plan of Drainage. ...... 13 (p) A statement certifying the '.fol~owing~ and · signed by the s~Ddivider or his authorized agent; 15 (1) That the subdivider is the property owner of !' record; or ~.:~ . ~'"- 16 (2) That the property owner of record consents to the ..~ ~ filing of-'the tentative parcel map .... -. 18 (q) The height, area and configuration of man-made slopes ~I.. shall be clearly shown. ~11 slope areas'-sha!! be 19 shown by type. ' (r) The approximate location of all trees standing within the boundaries of the proposed map. (s) A copy of any restrictive covenants proposed shall be appendixed to the map. (t) A "Revision Block" shall be placed on each revised map and all changes. shall be clearly indicated. 9253.0 Content and Form - Final Parcel Map The content and form of the final parcel map shall be governed by the provisions of this ordinance and shall be prepared in accordance with the following criteria. 9253.1 Final Parcel Map Size _, 28 Each sheet shall be 18" x 26" including a 1 inch blank 29 margin around the entire sheet. ~0 9253.2 M_~ Scale Each map shall be drawn to an engineer's scale large enough to clearly show the details of the plan hereon. The minimum scale shall be one inch equals 80 feet. 9~5'~.-3" Graphic and Linear Representation (a) All lines, letters, figures, certificates and acknowledgments may be legibly stamped or printed with black opaque ink. (b) The boundary of a subdivision shall be indicated by border of light blue ink approximately one-sixteenth (1/16) of an inch think on the reverse side of tracing cloth and outside such boundary. (c) The final parcel map shall be clearly and legibly drawl on tracing cloth or polyester base film and in ~con- formity to accepted engineering practices. 925~.0 Required Information 9254.1 Title Sheet shall show the following (a) The appropriate certificates and acknoWledg~Lents. in an acceptable form as required in the Subdivision Map Act. (b) Certificates signed and~acknowledged by~-all parties ..... having any recordv~title interest in th'~ii'~eal property to be subdivide~, will.-not be_required, ._.excep.~ when dedications or offers of dedication are-~made (c) The provisions of Sections 6647711, 66477.2 and 66477.3 of the Subdivision Map Act relating to ' dedication on final maps shall apply .to..dedications offers of dedication on parcel maps. 9254.2 Descriptive Information' ' ~f -"-!~' .... (a) North arrow, scale, date, number of parcels and · gross area. (b) If more than one (1) map sheet iS used, there shall:De an index map showing the general plan of the sub- division and portions thereof included on each map sheet. 9254.3 Supplemental Information' (a) The bearing and length of each parcel line shall be drawn on the map. (b) The basis of bearing shall be shown on One map sheet of each parcel map. (c) Parcels containing one acre or more shall show the ' net acreage to the nearest one-hundredth (1/100) of an acre. (d) Each parcel shall be numbered consecutively commencj with the number 1. -19- (e) 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° (f) The final parcel map shall show the centerline data, width and side lines of all easements to which the parcels in the subdivision are subject. (g) The final parcel map shall show th'e 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 beir~g subdivided. (h) 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. (i) Any city or county boundary' ~ine adjoining the sub- '~ division shall be clearly designated and-tied in upon the final parcel map. Part VI - ADMINISTRATIVE PROCEDURES AND FEES 9260.0 Tentative Tract Maps, Parcel Maps, and Final Maps shall be processed in accordance with the procedures of this ordinance. 9260.1 Preliminary Review j (a) Preliminary maps for tentative subdivisions may be submitted to the Community Development Department in - - ten (10) copies., for preliminary staff review to determine compliance with the terms and criteria of this ordinance. (b) 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. 9261.0 Filing of Tentative Maps o(a) Thirty (30) copies of a tentative tract map shall be filed with the Community DeVelopment Department thirty (30) days prior to the date of the scheduled meeting of the Planning Agency, at which time the proposed map will be considered, or. such longer period as may be required pursuant 'to the California Environmental Quality Act. (b) In addition to the 30 copies of the m.ap, a 8~" x 11" transparency of each map sheet shall be submitted by an applicant. -20- (c) A filing fee, as required by this ordinance, ·.shall be paid to the Ci~-' ~ at the time of submittin~ t~hc- map for filing. (d) The processing of. subdivision maps, as related to time and procedures shall be in compliance with _ the California EnviQrnmental Quality Act. 9261.1. Action on Tentative Map Staff Review (a) Upon receipt of a copy of such tentative tract maps, 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 Community Development Department _ten days in ladvance of scheduled consideration for transmitteL1 to th.e Planning Agency and subdivider. (c) The subdivider shall be. furnished a copy of the 9261.2 Planning Agency -~' - '" .... '.-. ' -~'' ~ .·.~l~' !~.~'---- i~., -I . · (a) The Planning Agency shall determin~ whether the tentative map is in conformity with the provisions .'~-.' ...... State law, ordinances and policies of the City=- -~ ~ ...... Council, and upon that basis. within t~irty days. after the scheduled review of the map, the Agency , shall disapprove or recommend approval' to the City Council, with conditions by resolution.'! (b) The Planning Agency, through the Community Develop- ment Department, shall 'report such aCtsion directly to 'the subdivider and'~shatl" "transmit't6. the Council a copy of the tentative map and a resolution setting forth the recommendations of the Planning Agency. (c) In the case of a .Planning Agency disapproval of a tentative map, the subdivider, within 10 days of the adoption of the Planning Agency Resolution may appeal the decision to the City Council by the payment of a fee and filing an appeal with the Community Development Department pursuant to the requirements for notice and public hearing as specified by the Zoning Ordinance for appeals to the City Council. 9261.3 Council Action (a) Within not more 'than 30 days after action by I=the Planning Agency, the City Council ahall consider the~ recommendations of the Planning Agency and may or reject any or all, or a part of, the conditions and recommendations of the Planning Agency. -21- (b) The City Council shall approve, disapprove, or conditionally approve th~ tenkative map within thirty (30) days of the scheduled date of considera- tion. The action of the City Council is final. (c) An approved or conditionally approved tentative map shall expire 18 months after its approval or condi- tional approval. (d) The subdivider may 'request an extension of the tentative map approval or conditional approval by written application to the Planning Agency, stating the reasons for the extension request. Such applica- tion to be filed at least 30 days before the approval or conditional approval is due to expire. 9262.0 Processing of Final Maps Final Tract maps shall be submitted in accordance with the procedures outlined in this ordinance. 9262.1 Plan Check '(a) Final 'tract maps shall be submitted to the Community Development Department in~ ten (10) copies for preliminary plan check by staff and for' deter- mination of compliance with the terms and conditions of the approved tentative tract map. (b) A plan check fee, as required by this ordinance, shall be paid to the City at the time of submitting the map for plan check. (c)A copy of the check prints of the final tract map ' '- ' shall be returned' to 'the 'subdivider with required corrections noted. 9262.2 Filing of Final Maps (a) Upon completion of corrections, if any, of the map, final tract maps shall be submitted to the Community Development Department in ten (10) copies ' for ~ertifiCations and approval. . .-_~ (b) In addition to the ten (10) copies of the final tract map, an 8½" x 11" transparency of each map sheet shall be submitted to the city by the applicant. (c) Concurrently with the filing of a final tract map wit/~ the City, the subdivider shall submit the map to the Office of the Orange County Surveyor for boundary check. 9263.0 Action on Final Map 9263.1 Approval by City+ Engineer Upon receipt of the final map and other data submitted therewith, the city engineer shall examine such to determine that the subdivision as shown is substantially the same as it appeared on the tentative map and any approved alterations thereof, that .all provisions cf this ordinance and of any local ordinance applicable at the time of approval of the tentative map have been complied with and that he is satisfied that the map is technically correct. If the city 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 shall afford the subdivider -22- an opportunity to make such changes or additions. If the city engineer shall determine that full conformity therewi'th has been made, he shall so certify on such map and notify the Com~m. unity Development Department for agendizing at the next regular meeting of the Planning Agency. 9263'.2 Approval by the Planning Agency Upon receipt of the final map, the Planning Agency shall examine the same to determine g~hether such map conforms ! with the tentative map and with all changes permitted and all requirements, imposed as a condition to its acceptance· and if the Planning Agency shall thereupon determine that such map is in conformity therewith and determines to recommend such map, it shall certify its approval thereon, and notify the City Clerk· for its presentation to the City Council. If the Planning Agency! it s ' shall determine not to recommend such-map hall advl · sei the s.ubdivider of the changes or additions that must be made for such purpose, 'and·. ·shall accord him an opportUnit..v'~ to make the same. 9263.3 Subdivisions partly in City and County. - ..- In the event a SubdiVision is" partly in the' Ci~y~'and/i~'c- - partly in ~he County, the county ,Surveyor and the city engineer shall enter into an agreement· by and_with-l. the. - consent of their respective governing bodies~ providing that the county surveyor shall perform the duties pre- ' scribed for the city engineer in the next preceding paragraph or providing for such an app6rtionment between .--,_-~.!i.~.~ --them of such duties., Th.e county.~Surveyor, when ~by such agreement all such duties devolve'upon him, may, after:-'. his performance thereof, make the aforementioned certifi- cation upon such map. When, by such agreement· such duties are apportioned between the county surveyor and the city engineer· it shall be sufficient if each shall after the performance thereof, make a certification :on . such map, ·touching the duties performed by each. 9263.4 Approval by City Council At its first regular meeting followin~ the filing of such map with the City Clerk as a foresaid or within ten days following the filing thereof, the City Council shall consider such map, the plan of subdivision and the offers of dedication. The City Council may reject any offers of dedication. If the City Council shall determine that such map is in conformity with the requirements of this chapter, that is satisfied with the plan of subdivision and shall accept all offers of dedication, it shall approve such map, and the City Clerk shall thereupon so c~rtify upon such ma~. If the City Council shall determin~ either that such map is not in conformity with the ! requirements of this chapter or that it is not satisfied with the plan of subdivision· it shall disapprove such map, specifying the reasons therefor~ and the City Clerk shall in writing advise the subdivider of such disapproval and of the reasons for such disapproval. Within thirty· -23- 1 days after the City Council has disapproved any map, the subdivider may fi]~ w~th +h~ D1 ~g Agency a map s H altered to me ta p oj .i V "aity co cil. In ~ such case, the subdivider shall conform to all' the re- ~ quirements imposed upon him by this ordinance when filing the first final map with the Planning Agency. No map "' 4. shall have any force or effect until the same has been approved by the City Council, and no title to any 5 property described in any offer of dedication shall pass until the city engineer has recorded such map with the ~ county recorder. ~ 7 9264.0 Fees ~ Fees for the processing of subdivisions shall be paid to the city at the time of submission of applications, in 9 accordance with the schedule as herein setforth. 10 9'264.1 Tentative Map Fees ~ A filing fee for filing a tentative tract map or tentative parcel map is hereby established to partially defray the 1~ cost of processing. Such fee shall be collected by the 1~ Community Development Department and shall be deposited to the Tustin General Fund .... · ,.. ,~ ~:-. ~,~.~ ...~:,. . ,!. ........ 1~ (a) Fee is set at $250!.00 per'.tentatiVe tract'or'parcel ~ ' - map plus $1. O0 ~per ' each numbered 'or lettered' io~ or --- ,'one tract number, the fee shall be calculated on the basis of one tentative tract-mpa and the sum-of all -' 1~ the lots shown thereon. ' " -' ' I8 (c) When additional property is added to a ~en~ative tract map previously filed, the fee for such added property shall be $1.00 for each numbered or lettered I9 lot so added. 90 9264.2 Final MaD Fees : . A"~fiilng~ fee for filing a final tract or final parcel ~1 map xs hereby established to partially defray the cost of processing and checking the map. Such fee shall be 22 collected by the Community Development Department and' shall be deposited to the Tustin General Fund. 9.~ (a) A filing fee is set at $50.00 per final tract map and $50.00 per final'parcel .map. 2~ (b~ A plan check fee for final maps is set at $3.00 per lot or parcel on each type of map filed. ~3 9264.3 Improvement Plan Check and Inspection Fees Xt the'~ime~_the plans, profiles and specifications of the proposed subdivision improvements are submitted to L>? the City Engineer for approval, the subdivider shall pay to the City as fees for engineering plan check and 28 inspection as set forth in the Handbook for Planning, ~"' Zoning and Development adopted ,May 17 1973 as amended. ~9 ' , 9264.4 Reversion to Acreage Fees ~0 A filing fee of $250 shall be paid to the city upon presenting a petition to revert property to acreage. 8Z -24- 1 Part VII - STANDARDS AND REQUIREMENTS 9270.01 Dedications 8!9270.1 Elementary School Sites ~ (a) Any subdivider who develops or completes the development of one or more subdivisions in a specified school district maintaining an elementary 5 school shall be required to dedicate to the ~cbool district such land, as deemed necessary by the 6 legislative body, for the purpose of constructing' thereon such elementary school or schools as are 7 necessary to assure residents of the subdivision 8 adequate public school service. 9 (1) In no case shall the amount of l~nd required to be dedicated be such as to make the development of the remaining land held by the subdivider 10 economically unfeasible or which. would exceed I1 the amount of land ordinarily allowed under the procedures of the State Allocation Board. 1~ (2) The requirements of this section shall not be 1~ applicable to a subdivider who has.owned the . - land being subdivided for more than. ten-(10') 1~' years prior to the filing of the tentative This exemption is notap~licabie~when fee~is - '~ ~- retained by owner of ~record andssubdiVision.is'!:~I 15 processed by assignee, contractor or subsidiaryTM 16 Of owner of record. (b).The requirement of dedication shall be imposed at 1~ ~ "' time of approval'of the tentative map.i~If, within 18 30 days after the requirement of dedication is imposed by the City, the school district does not 19 offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement ~0 shall be automatically terminated. The required dedication may be made any time before, concurrently ~1" ' - with, or up to60 days-after, the--~filing oflthe final map on an~! portion of the subdivision. The 22 scho01.di'~trictI-~hall;--ih-the~event that it acdepts 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 24 following amounts:' (1) The cost of any improvements to the dedicated land since acquisition by the subdivider. (2) 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. (3) Any other costs incurred by the subdivider in ' maintenance of such dedicated land, including interest costs incurred on any loan covering such land. gI -25- (c) If the land is not used by the school district, as a school site, within 10 years after dedication, the subdivider shall have th~ option LO repurchase the property from the district for the amount paid therefor. (d) The school district to which the property is dedicate shall record a certificate with the county recorder in the county in which the property is located~ The certificate shall contain the following information: _ (1) The name and address of the subdivider dedicating the property. (2) A legal description of the real property dedicated. (3) 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 compel 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 subdivide~. 9270.2 Park and Recreational Sites Pursuant to Section 66477 of the Sub6ivis~0n Map Act, 'the City shall require the dedication of land.-for Park and recreational purposes or the payment of fees in lieu of in accordance with City Ordinance No.- 635. 9270.30 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 formul~ contained in the applicable specific or General Plan Element. 9270.31 Standards and formula for reservation of land. Where a park, recreational facility, fire station, library, or other public use is shown on an adopted specific plan or adopted general plan containing a com- munity 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 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 -26- I shall not make development of the remaining land held by the subdiVider economically unfeasible. The reserved 9~ area shall conform to the adopted specific plan or general plan and shall be in sudh multiples of streets 8 and parcels as to permit an efficient division of the reserved area in the event that it is not acquired · _L 4 within the prescribed period. 5 9270.32 Procedure 6 The public agency for whose benefit an area has been reserved shall. at the time of approval of the final map 7 or parcel map enter into a binding agreement to acquire such reserved area within two years after the completion 8 and acceptance of all improvements, unless such period of time is extended by mutual agreement. 9 9270.33 =~ayment 10 The purchase price shall 'not exceed the market value ther~o 11 at the time of the filing of the tentative map plus the taxes against such reserved 'area from the date of the 1~ reservation and any other costs incurred by.. the s~Lb- 9~- ~0.34 Termination -.. 15 -- If the public agency for whose benefit an area has been ~'.' ..-~' '716 .- reserved does not. enter into such a binding= agreement, ~-~-r I~....I ~_...: the reservation'of such' area shall aUtomat~da'l'ly'i.. ,""'. ,'. I7 terminate'. -'~'" ' ....... '~_'~ ~! =. .,, .. , ,, -'.~' = . ', - -" ,~ .... "'-'.. - =.'.- ' :.'-"',~' == ,., i~_-~' ._' f "' "':'~' .....' ....18 92~0,40 Public Streets;' high~ays;'- all/~y'~'~' easernan't~;''': '.'L' 19 (a) All streets, highways, alleys, ways, easements, -,.. ....- rights-ofTway, and parcels of land shown on the ~'~ ~"::v-"- ~0 ""'~ ' final tract map or parcel map and intended-for~' public use shall be offered-for dedication for use ~1 by appropriate certificate on the title page or by separate document. (b) When vehicular access rights from any lot or parcel · 9~ to any highway or s'treet are restricted, such rights shall be offered for dedication to the City of Tustin ~4 by the appropriate certificate on the title sheet, and a note stating "VEHICULAR ACCESS RIGHTS DEDICATED P~5 TO THE CITY OF TUSTIN"-shall ~e lettered along the highway or street adjacent to the lots or parcels ~6 affected on the final map. 9~ 9270.50 Private Streets, alleys or ways 28 PF-ivate streets, alleys, or ways will be permitted only when the welfare of the occupants of the subdivision will 9~9 be better served and that the public's welfare will not be impaired through the use thereof or the kinds of 80 improvements thereon. Such private street, alley, or way shall not be offered for dedicatiDn and shall be B1 shown on the final tract or parcel map as parcels lettered alphabetically. -27- 9270.60 Utility Easements Any public or private utility easements required by '-the various utilities shall be shown. on the final tract map or parcel map and dedicated to the appropriate agency by separate doctnment. 9270.70 Drainage Easements (a) When storm drains are necessary f~r 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 sub- divider shall offer to dedicate upon the final tract or parcel map thereof the necessary rights-of-way for such facility. (b) 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 for the d. rainage of such adjoining property, the~ subdivider sha~! dedicate drainage rights of way adequate to provide in the future for the ultimate drainage of the adjoining property. (c) Where the property being subdivided, or any portion thereof, is traversed by an Orange County Flood Control District facility, either existing and requiring additional-right. of way~ or proposed and requiring full right of way, which has been approved by the Board 6f Supervisors of the Orange County Flood Control District, the subdivider shall dedicate such rights of way. Such rights of way shall be shown as lots lettered alphabetically on the final tract or parcel map and such dedication shall be offered by appropriate certificate on the title page of the final .tract or parcel map. 9270.80 Exemptions : Dedication will not be required on any final tract or parcel 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. '9270.90 Effective date of dedications Acceptance of offers of dedication on a final map shall not 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. 92 71.0 Correction and amendment of maps All final or parcel maps requiring amendments shall be in accordance with Sections 66469 through 66472 of the Subdivision Map Act as amended and all pertinent sections of this ordinance. -28- ~2~'2.0 Soils Report R,~,--,,; 9272 .i · ~'-~ A preliminary soils report, prepared by a civil' engineer registered in the State of California and based upon· adequate test borings, shall be required for every division for which a final map is required. -- (a) The preliminary soils report may be waived if sufficient knowledge exists with the city as to the soils qualities of the soils of the subdivision. 927'2.2 ' 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 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 exists. (a) The subdivision or any: Such"'-~, soils problems-existmay'beapproved if ·it is '~....: -' determined that the recommended actio~is .likely prevent structural damage to "each structure EO be constructed and that the issuance of any building permit shall be conditioned to include this recommended action within the construction of'each . - ~ structure involved. - - -: ,.. ,. -.: --· ;·~i~,~'l./·: _. · .. 9 2 7 3.0 Monuments At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable -='- . monuments to conform with the standards described in Section 8771 of the Business and-ProfessiOns 'Code so that another engineer or surveyor may r'eadily retrace the survey. 9273.1 Exterior Boundary Monuments Prior to recordation' of the final map, the exterior boundary of the land being subdivided shall be ~adequately monumented- (a) Boundary monuments shall show durable monuments of not less than two (2) inch iron pipe at leaS'.t eighteen (18) inches long found or set at each boundary corner. 9273.2 Inter ior Monuments (a) Parcel second lot corners shall be monumented wi~ not less than one-half (1/2) inch iron pipe. In condominium-type projects where walls or structures define the parcel lines no corner monuments need be set. -29- (b) Additional interior monumentation shall be indicated on the back edge of the adjacent sidewalk by scored line in the fresh concrete. (c) Centerline monuments shall be set at the inter- sections streets, alleys and ways, the beginning and ends of curves and the points of intersections of tangents when such points fall within the paved roadway. Monuments shall be spikes not less than 8 inches long. (d) All monuments set as required herein shall be permanently marked or tagged with the registration or license number of the engineer or surveyor under whose supervision the survey was made. (e) Interior monuments need not be set at the time the final map is record..ed, if the engineer or surveyor certifies on the map that the monuments will be set on or before a specified later date, and if the subdivider furnishes to the legislative body security guaranteeing the payment of the cost of setting such monuments. 9h73.3' Completion of Setting of Monuments _ Within five days after the final setting of all monuments has been completed by the engineer or surveyor, 'written notice shall be given the subdivider 'and City Engineer that the final monuments have been set. 9273.4~ Payment to Engineer or Surveyor After payment to' t~e Eneineer%or Surveyor for betting the final monuments, the subdivider shall present to the city evidence of such payment and receipt thereof by the engineer or surveyor. In the case of a cash deposit, the city may pay the engineer or surveyor for the setting of the final monuments from said cash deposit, if so requested by the. depositor. :.: .... . In the event the subdivider does not present evidence to the city that he has paid the engineer or surveyor for the setting of the final monuments, and if the engineer or surveyor notifies the city that he has not been paid by the subdivider for .the setting of the final monuments, the city may within three months from the date of sa'id notification, pay to the engineer or surveyor from any deposit the amount due. 9273.5 Substitute Engineer or Surveyor' In the event of the death, disability or retirement from practice of the engineer or surveyor charged with the responsibility for setting monuments, or in the event of his refusal to set such monuments, the City may direct the City Engineer, or such engineer or surveyor as it may select, to set such monuments. When the monmments are so set, the substitute engineer or surveyor shall amend any map filed pursuant to the Subdivision MaD Act in accordance with Sections 66469 and 66472 inclusive. -30- 9274.0 Improvement Standards Standards for design and improvement of subdivisions · ,shall be in accordance with applicable sections of the Handbook for Planning, Zoning and Development (Council Resolution No. 73-35) , as amended. 9274.1 Compliance with Zoning Ordinance The size and dimensions of all lots or parcels shall conform to the standards of the Zoning Ordinance . (Ordinance No. 157) as now adopted or hereafter amended. Part VIII - BONDING AND IMPROVEMENT SECURITY 9280.0 Required Documents 9280.1 Improvement Agreement Prior to the approval by the City Council of the finial map the subdivider shall execute and file an agreement between~ himself and the city, specifying the period within which he shall complete all improvement work to the satisfaction! of the City Engineer, and providing that if he shall fail "'" "to complete such work'lwith~n such' ~eriOd~:th~:~'~Ci~ty~ may -l'~. complete the same and recover the 'full ~cost and exoense~'~'li'~ thereof from the sub. divider. This agreement shali~also .!~r~l~'~ provide for inspection of all improvements by the City-~'''-~ Engineer and reimbursement of th~ City for' the cost'of such inspection by the subdivider. Such agreement may also provide: . ........ . ' ~ (a) For the construction of · the impro~emen.tS "in .units; ' '; ' (b) For an extension o'f time under conditions' therein I._~-. specified; ' · · '~ ' ' I .; (c) For the termination of the agreements Upon the' c0mple- tion of proceedings under an assessment district act for the construction of improvements deemed by the City Engineer to be at least the equivalent of .t~he improvements specified. in such agreement and required to be constructed by 'the subdivider; and (d) For progress payments to the subdivider. or his order, from any deposit money which the subdivider may have made in lieu of providing a surety bond; provided, that no such progress payment shall be made for more than ninety percent-of the value of any installment of work; and provided further, that each such install- ment of work shall be completed to the satisfaction of the City Engineer. 9280.2 Subdivision Improvement Bonds ~a) To guarantee the performance of any action or agreement with regard to the proposed subdivision, security shall be furnished in the following amounts: (1) An amount determined by the City 'Engineer to be not less than one hundred percent (100%) of 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 -31- (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. 9280.3 Faithful performance bond, monuments The monumentation agreements shall be accompanied by a faithful performance bond in a sum equal to the cost of setting such monuments, guaranteeing the faithful per- formance of all such work of setting monuments and furnishing notes. 9280.4 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. 9280.5 Cash deposits and negotiab!ebonds~ ~ ' ~""Ir'~.~l~"_ ~I~".,.I~ 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 tor ~he required amount of such bond or security for the faithful performa thereof. - 9281.0' ~ The improvement security required hereunder, shall be released' in the following manner: (a) 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 provis ions of subparagraph (b) hereof ."' - (b) The City Council upon recommendation of the City Engineer may release a portion of the security in conjunction with the acceptance o'f the per. formance of the act or work .as it progresses upon application therefor by the subdivider; provided, however, that no such release shall be for an amount more than 75 percent of the total improvement security given for faithful performance of the act or work.until final completion and acceptance of the act or work. In no event shall the City Council authorize a releas of the improvement security which would reduce such security to an amount below that required to guarante~ the completion of the act or work and any other obligation ir~posed by this ordinance, the Subdivision Map Act or the improvement agreement. -32- Part IX - REVERSION TO ACREAGE 9290. Reversions to acreage by final map. Subdivided property may be reverted to acreage pursuant to provisions of this ordinance. 9290.1 Initiation of proceedings by owners Proceedings to revert subdivided property to acreage may be initiated by petition of all of the owners of record of the property. The petition shall-be in a form pre- scribed by the City Engineer. The petition shall contain the information required by Section 9290.3 and such other information as required by the City Engineer. 9290.2 Initiation of proceedings by City Council The City Co~nncil at the request of any person or on its own motion may by Resolution initiate proceedings to revert property to acreage. The City Council shall direct the City Engineer to obtain the necessary information to initiate and conduct the proceedings. 9290 3 Data for reversion to acreage Petitioners shall file the following: , (a) Evidence of title tothe real property; ~.and " -' (b) Evidence of the' consent of all of the owners of an-j_ I~ interest(s) in the e t s e the final map or parcel map was .filed for record, or'. within the time allowed by agreement for~' completion of the improvements, whichever is later; (d) Evidence that no lots shown .on 'the final or parcel map have been sold within five (5) years fro'~thed'ate such final or parcel map Was filed for record. (e) A tentative map in the form prescribed by Sec. 9230; o (f) A final map in the form prescribed by Sec. 9240. which delineates dedications which will not be vacated-and dedications required as a condition to reversion. 9290.4 Fees Petitions to revert property to acreage shall be accompanied by a fee in accordance with the schedule contained in Section 9264. 9290.5 Proceedings before the City Council A public hearing shall be held before the City Council on all petitions for intiations for reversion to acreage. Notice of the public hearing shall be given as provided in Section 66451,3 of the Government Code, The City Council may give such other notice that it deems necessary or advisable. -33- The City Council may appLuve a ~eversion to acreage only if it finds and records in writing, pursuant to the requirements of Section 66499.16-of the Government Code. 9290.6 Release of securities Upon filing of the final map for reversion of acreage with the count.y recorder, all improvement securities shall be released by the City Council. 9290.7 Delivery of final map After the hearing before the City Council and approval of the reversion, the final map shall be delivered to the co~ty recorder. 9290.8 Effect of filing reversion map with the co~ty recorder Reversion shall be effective upon the final map being filed for record by the co~ty recorder. Upon filing, all dedications and offers of dedication not shown on the final map for reversion shall be of no further force and effect. as an urgency measure PASSED AND ADOPTED/at a regular meeting of ~2the'City Council, City of Tustin, California, held on the 19th day of May, 1975. ATTEST: ~IT~RK -34- STATE OF ~L!FOP~NIA) COUNTY OF ORAR~E ) SS CIT~' OF TUSTIN ) RO~H C. POE, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of members of the City Council of the City of Tustin is five; that ~dle above and foregoing Ordinance No. 651 was duly and regularly introduced and read at a regular meeting of the City Council held on the 19th day of May, 1975 and was given its second reading and duly passed and. adopted as an urgency measure at a regular meeting held on the 19th day of May, 1975, by the following vote: AYES: COUNCILMEN: SAL~ARELLI, EDGAR, S~L~t~P, WELSH ABSE~NT: COUNCI!~4EN: S UTCLIFF .... Ruth C. P6e~--...Cit~ Clerk~ Tustin, . · "'-': '-.- . - . , ...... Publish Tustin News biay 29, 1975