HomeMy WebLinkAboutORD 1430 (2013) ORDINANCE NO. 1430
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING CODE AMENDMENT 2013-002,
AMENDING THE TUSTIN SUBDIVISION CODE (ARTICLE 9,
CHAPTER 3 OF THE TUSTIN CITY CODE).
The City Council of the City of Tustin does hereby ordain as follows:
SECTION 1. The City Council finds and determines as follows:
A. That Government Code Section 66411 requires each local agency to adopt an
ordinance to regulate and control the design and improvement of subdivisions
within their jurisdiction.
B. That the Tustin Subdivision Code was adopted in 1952, has been updated on
numerous occasions, but was last comprehensively updated in 1988.
C. That Code Amendment 2013-002 (Ordinance No. 1430) has been prepared as a
comprehensive update of the Subdivision Code.
D. That on May 28, 2013 a copy of proposed Code Amendment 2013-002 was
provided to the Tustin Planning Commission;
E. That on July 9, 2013, a public hearing was duly called, noticed, and held by the
Tustin Planning Commission whereupon the Commission adopted Resolution
No. 4217 recommending that the City Council approve Code Amendment 2013-
002 (Ordinance No. 1430);
F. That a public hearing was duly noticed, called, and held on September 3, 2013
by the Tustin City Council.
G. That Code Amendment 2013-002 (Ordinance No. 1430) is consistent with the
Tustin General Plan. Proposed Code Amendment 2013-002 (Ordinance No.
1430)will further the Land Use Element goals and policies applicable to the long-
term growth, development, and revitalization of Tustin, including:
1. Achieve balanced development.
2. Ensure that compatible and complementary development occurs.
3. Improve city-wide urban design.
4. Promote economic expansion and diversification.
H. That proposed Ordinance No. 1430 is not a "project" under the California
Environmental Quality Act ("CEQA") pursuant to Section 15378(b)(2) and (5) of
the CEQA Guidelines.
SECTION 2. Code Amendment 2013-002 (Ordinance No. 1430) is hereby approved amending
the Tustin Subdivision Code (Article 9, Chapter 3 of the Tustin City Code), as
provided in Exhibit 1.
Ordinance No. 1430
Page 1 of 2
PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this
3rd day of September, 2013.
I' _
WYN 2. MURRAY,
Mayor
ATTE / _
JEF T 'j . PARKER,
City 1J
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN
CERTIFICATION FOR ORDINANCE NO. 1430
JEFFREY C. PARKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council of the
City of Tustin is 5; that the above and foregoing Ordinance No. 1430 was duly and regularly
introduced at a regular meeting of the Tustin City Council, held on the 3rd day of September,
2013, and was given its second reading, passed, and adopted at a regular meeting of the City
Council held on the 17`"day of September, 2013, by the following vote:
COUNCILPERSONS AYES: mr,,,-rny,Yuckett, Nielsen, Gomez, Bernstein (5)
COUNCILPERSONS NOES: None (0)
COUNCILPERSONS ABSTAINED: None (0)
COUNCILPERSONS ABSENT: None (0)
a-
d
JE' F'l' C. PARKER,
Cy
Exhibit 1: Amendments to Article 9, Chapter 3, of the Tustin City Code (Subdivision Code)
Ordinance No 1430
Page 2 of 2
CHAPTER 3
SUBDIVISIONS
PART 1 PURPOSE, INTENT AND APPLICABILITY OF SUBDIVISION CODE
9311 PURPOSE, INTENT AND APPLICABILITY OF SUBDIVISION CODE
A. Title
Article 9, Chapter 3, of the Tustin City Code is and may be cited as the Subdivision Code of
the City of Tustin, hereafter referred to as "the Subdivision Code."
B. Purpose and Intent
The purpose of the Subdivision Code is to implement the Subdivision Map Act related to the
division of land within or partially within the City of Tustin by establishing regulations concerning
the design, improvement, and survey data of subdivisions, the form and content of all required
maps provided under the Subdivision Map Act, and the procedure to be followed in securing the
official approval of the City regarding the maps. To fulfill these purposes, the intent of the
Subdivision Code is to:
1. Promote orderly growth and development to preserve the public health, safety and
general welfare;
2. Promote open space, conservation, protection, and proper use of land; and,
3. Provide for adequate traffic circulation, utilities, and other services in the City.
C. Authority and Relationship to General Plan
The Subdivision Code is enacted based upon authority vested in the City of Tustin by the
State of California, including but not limited to: the State Constitution and the Subdivision Map
Act(Government Code Sections 66410 et seq.).
The Subdivision Code is a tool used by the City of Tustin to implement the goals, objectives
and policies established in the Tustin General Plan.
D. Applicability of Subdivision Code
The Subdivision Code shall apply to all divisions of land within or partially within the City of
Tustin, except as provided in 9312 (Exclusions from the Subdivision Code). In the event that this
chapter is silent or does not address a specific subdivision issue, procedure, or requirement, the
City shall defer to the provisions of the Subdivision Map Act.
Every division of land proposed within or partially within the City of Tustin shall be consistent
with the Tustin General Plan, any applicable Specific Plan, Article 9, Chapter 2 (Zoning Code)
and other applicable provisions of the Tustin City Code.
Ordinance No. 1430
Exhibit 1.
Page 1
The type and intensity of land use as shown on the General Plan, any applicable Specific
Plan, Article 9, Chapter 2, (Zoning Code), or other applicable provisions of the Tustin City Code
shall determine, together with the requirements of the Subdivision Map Act and the Subdivision
Code, the type of streets, roads, highways, utilities, and other public services that shall be
provided by the subdivider.
E. Subdivision Manual
The Director of Community Development ("Director") shall formulate such rules, procedures
and interpretations as may be necessary or convenient to administer the Subdivision Code.
Such rules and procedures shall be referred to as the Tustin Subdivision Manual. The
Subdivision Manual was initially adopted by the Tustin City Council (Resolution No. 98-18). The
Director is hereby authorized to incorporate further amendments into the Subdivision Manual;
provided such amendments are consistent with the Subdivision Map Act and this Subdivision
Code.
F. Standards
All public street improvements to be installed or agreed to be installed in a subdivision shall
conform to the City of Tustin's "Street Design Manual and Standard Plans." The City Engineer
is hereby authorized to amend the City of Tustin's "Street Design Manual and Standard Plans,"
provided such amendments are consistent with this Chapter and the Subdivision Map Act.
G. Responsibility and Delegation of Authority
The following advisory agencies, as that term is used in the Subdivision Map Act, are hereby
authorized to discharge and administer the duties set forth in this Subdivision Code as follows:
1. City Council. The Tustin City Council shall have the responsibility and authority to
conduct public hearings, and approve, conditionally approve or disapprove any
subdivision application involving multiple, interrelated discretionary actions, petitions for
reversion to acreage, and Subdivision Code modifications. The City Council shall also
review and uphold or deny appeals from actions taken in compliance with Section
9321.b (Authority for Subdivision Decisions) of this Code.
2. City Engineer. The City Engineer, or designee, shall be responsible for:
a) Determining if proposed subdivision improvements comply with the Subdivision
Code;
b) Examining and certifying that final maps are in substantial conformance with the
approved tentative maps;
c) Processing and approving subdivision public improvement plans;
d) Establishing design and construction details, standards and specifications for public
improvements;
Ordinance No. 1430
Exhibit 1
Page 2
e) Preparing and approving subdivision improvement agreements;
f) Inspecting, approving and accepting subdivision public improvements;
g) Accepting dedications and conveyances of real property and interests in real
property offered at no cost to the City: and,
h) Amending the City of Tustin's "Street Design Manual and Standard Plans."
3. Director of Community Development. The Director of Community Development, or
designee, shall be responsible for:
a) Processing of tentative maps, final maps, reversion to acreage maps, and amended
maps;
b) Establishing design and construction standards for private improvements;
c) Processing and approving subdivision private improvement plans;
d) Processing and approving proposed street names;
e) Inspecting, approving and accepting subdivision private improvements.
f) Processing and approving, conditionally approving, or disapproving lot line
adjustments, parcel mergers, final maps, certificates of compliance and requests for
extension of a tentative map, and the waiver of the Subdivision Code; and,
g) Interpreting all provisions of the Subdivision Code.
4. Director of Parks and Recreation. The Director of Parks and Recreation, or designee,
shall be responsible for determining if the proposed park land dedications and/or
recreation improvements related to a subdivision comply with the Subdivision Code.
5. Planning Commission. The Planning Commission shall approve, conditionally approve,
or disapprove tentative maps, and review and recommend to the City Council actions,
findings and conditions pertinent to the application for a division of land, any subdivision
application involving multiple interrelated discretionary actions, and review and uphold or
deny appeals from actions taken in compliance with 9321.b (Authority for Subdivision
Decisions).
9312 EXCLUSIONS FROM THE SUBDIVISION CODE
Those activities identified in Sections 66412 (except subsection (d) related to Lot Line
Adjustments), 66412.1, 66412.2, 66412.5, 66412.6 or 66426.5 of the Subdivision Map Act shall
be excluded from the requirements of the Subdivision Code.
9313 WAIVER OF SUBDIVISION REQUIREMENTS
Ordinance No. 1430
Exhibit 1
Page 3
A. Waiver of Tentative Map Requirements
Any subdivider may, upon formal application, request the waiver of one or more of the
111
requirements for a tentative or final map for the following activities:
1. Division of real property or interests therein created by probate, eminent domain
procedures, partition, or other civil judgments or decrees.
2. Divisions of real property resulting from the conveyance of land or any interest therein to
or from the City, public entity or public utility for a public purpose, such as school sites,
public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage,
etc.
3. The unmerger, in accordance with the Subdivision Map Act and the Subdivision Code, of
real property which has been merged pursuant to the Subdivision Code, the Subdivision
Map Act or any prior ordinance of the City.
4. Where tenants purchase a mobile home park subject to the provisions of Section
66428.1 of the Subdivision Map Act.
B. Waiver Findings
After the waiver application is deemed complete pursuant to Government Code Section
65943, the Director shall approve or deny the application within 50 calendar days. The
requirements for a tentative map or final map shall not be waived, in whole or in part, unless the
Director makes a finding that the proposed division of land complies with requirements as to
area, improvement and design, flood water drainage control, appropriate improved public roads,
sanitary disposal facilities, water supply availability, environmental protection, and other
requirements of the Subdivision Map Act, the Subdivision Code and the Tustin General Plan,
any applicable Specific Plan, Article 9, Chapter 2 (Zoning Code) and other applicable provisions
of the Code. The subdivider shall have the right to appeal the decision to the Tustin Planning
Commission in compliance with 9321.h (Appeals).
C. Certificate of Compliance Required
The Director shall file with the County Recorder a Certificate of Compliance for the land to
be divided, in compliance with 9333.c, (Certificate of Compliance), and a plat map showing the
division. The certificate of compliance shall include documentation by the County Tax Collector
in compliance with 9325.b.5 (Tax Certificate).
If the application for a Certificate of Compliance is filed over one (1) year following the
Determination of Compliance, the application for a Certificate of Compliance shall be
accompanied by the current vesting deed(s) and such other information as may be required to
ascertain the status of each parcel included in the application, as well as a map drawn to an
engineer's scale of the subject property with dimensions showing the location and use of all
structures on the property and all streets adjacent to and providing access to the property. The
application shall not be considered as complete until all the application documents, including the
vesting deed(s) and map have been received together with the processing fee.
Ordinance No. 1430
Exhibit 1
Page 4
Conditions may be imposed to provide for, among other things, payment by the subdivider
of parkland dedication, drainage, and other fees that are permitted under the Subdivision Code,
the Subdivision Map Act, or other relevant law.
The decision of the Director shall be considered final unless an appeal is filed in compliance
with 9321.h (Appeals).
9314 MODIFICATION OF SUBDIVISION REQUIREMENTS
A subdivider may request a modification to any Subdivision Code regulation or requirement,
consistent with the following application procedures and findings. This modification procedure
shall not apply to modifications of Zoning Code requirements.
A. Application
An application for a modification shall be made by the subdivider on forms and with such
fees or deposits as may be prescribed by the Department or by resolution adopted by the
City Council. The application shall set forth the nature and extent of the requested
modification, the grounds of the application and the facts relied upon by the applicant for the
request for a modification and be accompanied by a written statement identifying the special
grounds or circumstances that will enable the required findings to be made.
B. Required findings for approval
An application for a modification shall be considered by the City Council concurrently
with the application for a tentative map, vesting tentative map, or other application, following
receipt of a recommendation on the matter from the Planning Commission. To the extent
that provisions of the Subdivision Code conform to the Subdivision Map Act, they may not
be waived. In approving or conditionally approving a modification of the regulations or
requirements included in this chapter, the City Council shall make the following findings:
1. Because the land involved in the subdivision is of an unusual size or shape; or is subject
to title limitations of record that effect or limit its development; or is affected by
topographical location or condition of land involved that affects its development; or the
use to which the land involved will be devoted requires the modification, it is impossible
or impracticable for the subdivider to conform fully to the regulations contained in this
chapter.
2. The subdivision is in conformity with the Subdivision Map Act, the General Plan, any
applicable Specific Plan, Article 9, Chapter 2 (Zoning Code), and other applicable
provisions of the Code.
PART 2 SUBDIVISION PROCESSING
9321 SUBDIVISION AUTHORITY AND APPLICATION PROCESSING
Ordinance No. 1430
Exhibit 1
Page 5
•
A. Introduction
This part provides standard procedures and requirements for the preparation, filing and
processing of applications for divisions of land required by the Subdivision Code.
B. Authority for Subdivision Decisions
Table 2-1 (Review Authority) identifies the City official or body responsible for reviewing and
making decisions on each type of application for divisions of land required by the Subdivision
Code.
Table 2-1
Review Authority
Type of Application Decision Body Appeal Body
Code Interpretation Director Planning Commission'
Certificate of Compliance Director Planning Commission'
Final Maps Director City Council
Lot Line Adjustments Director Planning Commission'
Parcel Mergers _ Director Planning Commission'—
Reversion to Acreage City Council --
Tentative Maps, including Vesting Planning Commission City Council
Extension of Tentative Map Director — Planning Commission'
Acceptance of Dedications or City Engineer Planning Commission'
Improvements
Subdivision Code Waiver Director Planning Commissionf-
' The Planning Commission's decision may be appealed to the Council.
2 The Planning Commission shall make recommendations to the City Council.
C. Application Filing and Fees
Applications for divisions of land shall be processed in compliance with this section and the
City's Subdivision Manual.
1. Application Contents. Applications for divisions of land shall be filed with the
Department. An application shall be considered complete when:
a) All necessary forms, materials and exhibits as identified in the City's Subdivision
Manual have been provided and accepted as adequate; and,
b) All necessary application fees and/or deposits have been accepted.
The tentative map, final map and other drawings which are to be ultimately recorded shall
be prepared by a registered civil engineer or licensed land surveyor. The maps and exhibits
shall be clearly drawn and contain the necessary information as determined by the Department.
The Department may also require additional materials, exhibits, data or information determined
necessary to accomplish the purposes of the Subdivision Map Act and/or the Subdivision Code.
Ordinance No. 1430
Exhibit 1
Page 6
2. Eligibility for Filing. Applications may be made by the owner(s) of the subject property or
by any other person, with the written consent of the property owner.
D. Initial Application Review/Environmental Assessment
Processing of any submitted application will not commence until after all required
information is received and accepted and the Department confirms that the application is
complete. All applications filed with the Department in compliance with the Subdivision Code
and the City's Subdivision Manual shall be initially processed as follows:
1. Review for Completeness. The Department shall review all applications for accuracy
before they are accepted as being complete.
a) Notification of Applicant. The applicant shall be informed, as required by the
Government Code, either that the application is complete and has been accepted for
processing, or that the application is incomplete and that additional information,
specified in a letter, must be provided.
b) Environmental Information. The Department may require the applicant to submit
such additional information as may be deemed reasonably necessary for
environmental review of the project in compliance with 9321.d.3 (Environmental
Assessment) and the California Environmental Quality Act (CEQA).
c) Expiration of Application. If a pending application is not capable of being deemed
complete within six (6) months after the first filing with the Department, the
application shall be deemed withdrawn unless an extension is granted by the
Director. A new application, including fees, plans, exhibits and other materials, will be
required to commence processing of any subdivision on the same property.
2. Referral of Application. At the discretion of the Director, or where otherwise required by
the Subdivision Map Act, any application filed may be referred to any public agency that
may be affected or have an interest in the proposed subdivision.
3. Environmental Assessment. Once the application is determined to be complete, all
subdivision applications shall be reviewed as required by CEQA to determine whether
the proposed subdivision is exempt from the requirements or is not a project as defined
by CEQA, whether the proposed subdivision is covered by a previous environmental
documents, whether a Negative Declaration may be issued, or whether an
Environmental Impact Report shall be required. These determinations and, where
required, the preparation of environmental documents shall be in compliance with CEQA
and other guidelines established by the Department.
E. Concurrent Processing
When a proposed division of land or decision body action requires more than one land use
approval, all applications shall be processed concurrently as interrelated permits for a project
and shall not be bifurcated unless otherwise authorized by the Director upon the request of the
applicant. The highest designated decision body for all such applications shall take final action
Ordinance No. 1430
Exhibit 1
Page 7
on the multiple applications. For example, any division of land determined by the Department to
be inconsistent with the General Plan would require concurrent consideration of an application
to eliminate the inconsistency.
F. Notice of Public Hearing
With five (5) days of determining a tentative parcel or tentative tract map application
complete, the Department shall:
1. Send notice and a copy of the tentative parcel or tentative tract map to the affected
public agencies and utilities which may, in turn, forward to the Department their findings
and recommendations. The agency or utility may send a written report to the Planning
Commission. The report shall indicate the impact of the proposed subdivision on the
agency or utility and shall make recommendations as deemed appropriate. If a written
report is made by an agency or utility, such report may be returned to the City within
fifteen (15) days of receipt of the proposed tentative map. In the event that an agency or
utility fails to respond within the fifteen (15) day period, such failure to respond shall be
deemed approval of the proposed subdivision by the agency or utility; and
2. Send a notice and a copy of the tentative parcel or tentative tract map application by
certified mail to the governing board of the affected public School Districts. The notice
shall contain information about the location of the proposed subdivision, the number of
units, density, and any other information which would be relevant to the affected School
District(s). The governing board(s) of the affected School District(s) may review the
notice and may send a written report to the Planning Commission. The report shall
indicate the impact of the proposed subdivision on the affected public School District and
may make such recommendations as the governing board of the affected School
District(s) deems appropriate. If a written report is made by the governing board, such
report shall be returned to the City within fifteen (15) days of receipt of the proposed
tentative map. In the event that the District fails to respond within the fifteen (15) day
period, such failure to respond shall be deemed approval of the proposed subdivision by
the affected public School Districts.
Whenever a public hearing or meeting is scheduled to be held pursuant to this chapter,
notice of the time and place thereof, including a general description of the location of the
proposed subdivision; the identity of the hearing body; and a general explanation of the matter
to be considered, shall be given at least 10 calendar days before the hearing in accordance with
the provisions of the City's Subdivision Manual and Government Code Sections 65090 and
65091.
A proposed conversion of residential real property to a condominium, community apartment,
or stock cooperative project shall be noticed in accordance with Sections 66452.17 through
66452.20 of the Subdivision Map Act.
Additional noticing time as specified may be required to comply with noticing requirements
of the California Environmental Quality Act. In the event of a conflict between required noticing
times, the longer time shall be given.
Ordinance No. 1430
Exhibit 1
Page 8
The Department may give such other notice that it deems necessary or advisable.
Substantial compliance with these provisions for notice shall be sufficient, and a technical failure
to comply shall not affect the validity of any action taken according to the procedures in the
Subdivision Code.
The decision body shall consider any input received from any interested party, including any
reports from affected agencies, utilities or School Districts prior to approving, conditionally
approving, or disapproving an application for division of land. Notwithstanding the foregoing, it
should be noted that the Subdivision Map Act or other state codes may require additional notice
for certain applications.
G. Public Hearings
Whenever a public hearing is required by the Subdivision Code, and the application for
subdivision and any environmental review has been determined to be complete, and the
application has been determined to be in compliance with this Code, all other applicable Codes,
Specific Plans, General Plan and the City of Tustin's "Standard Drawings and Improvement
Design Standards," in effect as of the filing date, or that includes application(s) that propose
actions that, if approved by the decision body, would correct any noncompliance, the
Department shall set the time, date, and place of the public hearing before the decision body in
accordance with the deadlines for action provided in this Code.
H. Appeals
The subdivider, or any other interested party, may appeal any action of the decision body to
the appeal body as identified in 9321.b (Authority for Subdivision Decisions). Appeals shall be
filed with the City Clerk during normal business hours within 10 calendar days of the date of the
decision and be accompanied by a deposit or fee as required by City Council resolution or
ordinance. All appeals shall be made in writing and shall specify the decision appealed from, the
specific action or relief sought by the appellant in the appeal, and reasons why the action taken
by the decision body should be modified or reversed. Timely filing of a written appeal shall
automatically stay all actions and put in abeyance all approvals or permits which may have been
granted; and neither the applicant nor any enforcing agency may rely upon the decision,
approval, or denial or other action appealed from, until the appeal has been resolved. Failure to
file a written appeal in accordance with this subsection shall constitute a waiver thereof.
The appeal shall be scheduled for consideration by the appropriate appeal body identified in
9321.b (Authority for Subdivision Decisions)within thirty (30) days of receipt of an appeal, with
the same noticing as required by Section 9321.g (Public Hearings), unless otherwise mutually
agreed upon by the Director and the Property Owner/Applicant . If there is no regular meeting
of the appropriate appeal body within the next 30 days for which notice can be given pursuant to
Section 9321,f, the appeal may be heard at the next regular meeting for which notice can be
given, or within 60 days from the date of the receipt of the request, whichever period is shorter.
The hearing shall be de novo and the appeal body may approve, approve with conditions, or
disapprove the matter in accordance with this Code or remand the matter to the decision body
for further proceedings in accordance with directions of the appeal body. A decision of the City
Council on such appeal shall be final.
Ordinance No. 1430
Exhibit 1
Page 9
9322 LOT LINE ADJUSTMENTS
A. Purpose and Applicability
The purpose of this section is to provide for the submittal and processing of a complete
application in compliance with subsection 9321.c(application filing and fees)for a lot line
adjustment of four or fewer adjacent parcels in a manner so that any land taken from one parcel
will be added to an adjoining parcel in compliance with the Subdivision Map Act.
B. Application Processing and Review
Each application shall be analyzed by the Department to ensure that the application is
consistent with the purpose and intent of this section, the Subdivision Map Act and the City's
Subdivision Manual.
1. Application review shall be limited to a determination of the following:
a) Four or fewer existing, adjoining parcels are involved;
b) No greater number of parcels will result from the lot line adjustment;
c) The parcels resulting from the lot line adjustment will conform to the Tustin General
Plan, and any applicable specific plan, zoning and building ordinances.
2. No conditions or exactions shall be imposed on the approval of a lot line adjustment
except to conform the proposal to the City's General Plan, zoning and building
ordinances, and/or to require the prepayment of real property taxes prior to the approval
of the approval of the lot line adjustment, or to facilitate the relocation of existing utilities,
infrastructure or easements.
3. No tentative or final map shall be required as a condition to the approval of a lot line
adjustment,
4. No record of survey shall be required for a lot line adjustment unless required by Section
8762 of the Business and Professions Code.
C. Decision
Upon determining that a complete application has been submitted and that the application
complies with the Subdivision Map Act, Subdivision Code and Subdivision Manual, the Director
shall approve, conditionally approve or disapprove the proposed lot line adjustment.
An approved lot line adjustment shall be reflected in a deed, which shall be recorded with
the office of the County Recorder in accordance with the provisions of Section 66412(d) of the
Government Code. If a Record of Survey is prepared and filed, a Certificate of Compliance
shall also be recorded.
9323 TENTATIVE PARCEL AND TRACT MAPS
Ordinance No. 1430
Exhibit 1
Page 10
A. Purpose
The purpose of this section is to provide for the submittal and processing of a complete
application in compliance with subsection 9321.c (Application Filing and Fees)for tentative
maps for the subdivision of land in compliance with the Subdivision Map Act, all applicable
zoning regulations, the Subdivision Code, and the Subdivision Manual.
B. Applicability and Requirements
Each application shall be consistent with the provisions of this section and the Subdivision
Map Act, Subdivision Code and the City's Subdivision Manual. Proposed divisions of land shall
comply with the following requirements:
1. Divisions of Land; Four or Less Parcels: Tentative Parcel Map Requirements.
a) A tentative parcel map shall be required for all subdivisions creating four(4) or less
parcels or where:
(1) The land before division contains less than five (5) 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;
(2) Each parcel created by the division has a gross area of twenty(20) acres or
more and has an approved access to a maintained public street or highway;
(3) The land consists of a parcel or parcels of land having approved access to a
public street or highway, which comprises part of a tract of land zoned for
industrial or commercial development, and which has the approval of the City as
to street alignments and widths;
(4) Each parcel created by the division has a gross area of not less than forty(40)
acres or is not less than a quarter of a quarter section; or
(5) The land being subdivided is solely for the creation of any environmental
subdivision pursuant to Section 66418.2 of the Subdivision Map Act.
b) A tentative parcel map shall not be required for the following:
(1) Subdivisions of a portion of the operating right-of-way of a railroad corporation,
as defined by Section 230 of the State Public Utilities Code, that are created by
short-term leases (terminable by either party on not more than 30 calendar days
notice in writing).
(2) Land conveyed to or from a governmental agency, public entity or public utility, or
for land conveyed to a subsidiary of a public utility for conveyance to such public
utility for rights-of-way, unless a finding is made by the Director in individual
cases, upon substantial evidence, that public policy necessitates a parcel map.
Ordinance No. 1430
Exhibit 1
Page 11
For purposes of this subsection, land conveyed to or from a governmental
agency shall include a fee interest, an easement or a license.
2. Division of Land; Five or More Parcels: Tentative Tract Map Requirements.
a) A tentative tract map shall be required for all subdivisions creating five (5) or more
parcels, five (5) or more condominiums as defined in Section 783 of the California
Civil Code, a community apartment project containing five (5) or more parcels, or for
the conversion of a dwelling to a stock cooperative containing five (5) or more
dwelling units, except where a parcel map is required pursuant to Section 9323b.1 of
this Code.
b) A tentative tract map shall not be required for the following:
(1) The financing or leasing of apartments, offices, stores, or similar space within
apartment buildings, industrial buildings, commercial buildings, mobile home
parks or trailer parks.
(2) Mineral, oil, or gas leases.
(3) Land dedicated for cemetery purposes under the Health and Safety Code.
(4) The leasing or licensing of a portion of a parcel, or the granting of an easement,
use permit, or similar right on a portion of a parcel, to a telephone corporation as
defined in Section 234 of the Public Utilities Code, exclusively for the placement
and operation of cellular radio transmission facilities, including, but not limited to,
antennae support structures, microwave dishes, structures to house cellular
communications transmission equipment, power sources and other equipment
incidental to the transmission of cellular communications, if the project is subject
to discretionary action by the advisory agency or legislative body.
(5) Leases of agricultural land for agricultural purposes. As used in this subdivision,
"agricultural purposes" means the cultivation of food or fiber or the grazing or
pasturing of livestock.
(6) The financing or leasing of any parcel of land, or any portion thereof, in
conjunction with the construction of commercial or industrial buildings on a single
parcel, unless the project is not subject to review under other local agency
ordinances regulating design and improvement.
(7) The financing or leasing of existing separate commercial or industrial buildings
on a single parcel.
(8) The construction, financing or leasing of dwelling units pursuant to Section
65852.1 or second units pursuant to Section 65852.2, but this Section shall be
applicable to the sale or transfer, but not leasing, of those units. Subdivisions of
four parcels or less for construction of removable commercial buildings having a
floor area of less than 100 square feet. (California Government Code Sections
66412, 66412.1, 66412.2 and 66412.5.)
Ordinance No. 1430
Exhibit 1
Page 12
C. Application Processing and Review
A complete application for a tentative map shall be filed with the Department in compliance
with 9321.c(Application Filing and Fees). Each application shall be analyzed by the Department
to ensure that the application is consistent with the purpose and intent of the requirements of
the Subdivision Map Act, Subdivision Code, Subdivision Manual, Tustin General Plan, any
applicable Specific Plan, Article 9, Chapter 2, (Zoning Code) and other applicable provisions of
the Tustin City Code and state law.
1. Tentative map applications shall be determined to be complete by the Department only
when:
a) All necessary application forms, materials and exhibits as established by the
Department are accepted as adequate;
b) A preliminary soils, geology and seismicity report prepared in accordance with the
California Building Code and City's Grading Manual is accepted as adequate, except
for subdivision for finance and conveyance purposes only;
c) A preliminary title report showing the legal owners and any encumbrances and
easements is accepted as adequate by the City Engineer. Said title report shall be
current within three (3) weeks of the submittal of the final map and be updated every
six (6) months from the date of the original submittal until final action on the
application is taken;
d) All necessary determinations and documents to comply with the California
Environmental Quality Act have been certified or adopted; and,
e) All fees and/or deposits have been submitted and accepted.
2. Tentative maps shall be considered by the Planning Commission in compliance with
9321.b (Authority for Subdivision Decisions), with a noticed public hearing.
3. Tentative map applications which the Department determines are eligible for categorical
exemption from CEQA, or which will rely upon a previously certified environmental
impact report, shall be reviewed and acted upon by the Planning Commission within 50
calendar days of the date when the Department has determined the application
complete.
4. Tentative map applications which the Department determines to be complete but that
require the preparation of an environmental document in compliance with CEQA shall be
reviewed and acted upon by the Planning Commission in conjunction with the
environmental document, except that the Planning Commission shall provide a
recommendation for applications involving multiple, interrelated discretionary actions.
5. The Planning Commission shall, after a public hearing, approve, conditionally approve,
or disapprove a tentative map supported by the following findings:
Ordinance No. 1430
Exhibit 1
Page 13
a) The proposed map is consistent with the Tustin General Plan or any applicable
specific plan, the Zoning Code, this chapter, the Subdivision Map Act, and other
applicable provisions of the Tustin City Code.
b) The design or improvement of the proposed subdivision is consistent with the Tustin
General Plan or any applicable specific plan, the Zoning Code and other applicable
provisions of the Tustin City Code.
c) The site is physically suitable for the proposed type and density of development.
d) The design of the subdivision or the proposed improvements will not cause
substantial environmental damage or substantially and avoidably injure fish or wildlife
or their habitat. However, the City Council may approve or conditionally approve a
tentative map even if it is unable to make this finding if an environmental impact
report was prepared for the project, and a finding was made that specific economic,
social, or other considerations make infeasible the mitigation measures or project
alternatives identified in the environmental impact report that would mitigate damage
to the environment or to fish and wildlife and their habitat.
e) The design of the subdivision or the type of improvements will not cause serious
public health problems.
f) The design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property
111
within the proposed subdivision. In this connection the City Council may approve the
map if it finds that alternative easements for access through, or for use of, the
property will be provided, and that these will be substantially equivalent to ones
previously acquired by the public. This subsection shall apply only to easements of
record or to easements established by judgment of a court of competent jurisdiction.
g) The waste discharge from the proposed subdivision into a community sewer system
will not result in or add to violations of existing requirements prescribed by the
Regional Water Quality Control Board.
h) Corrective measures have been proposed by a civil engineer registered by the State
if the preliminary soils report identifies the existence of critically expansive soils or
other soils problems which, if not corrected would lead to structural defects within the
subdivision. No building permit shall be issued for the construction of any building or
structure within the subdivision which has been found to contain critically expansive
or defective soils unless the approved corrective measure is incorporated in the
construction plans.
i) Any tentative map where residential development of more than 500 dwelling units is
proposed shall include a finding indicating, or a condition requiring, confirmation that
a sufficient water supply is available, based on the submittal to the City of a written
verification of a "Sufficient Water Supply" as that term is defined in Section 66473.7
of the Subdivision Map Act, from the applicable public water utility provider, or that
Ordinance No. 1430
Exhibit 1
Page 14
the proposed subdivision is exempted by Section 66473.7(i)of the Subdivision Map
' Act from providing said verification,
In the event that one or more of the findings included in this section cannot be made to
support approval or conditional approval of the tentative map, the Planning Commission shall
disapprove the tentative map except when the subdivider files a tentative map concurrently with
an interrelated and use application (i.e., zone change, general plan amendment, etc.) intended
to make the development proposal consistent with the above findings, whereupon the Planning
Commission shall provide a recommendation to the City Council.
As a condition of approval of a subdivision map, the subdivider may be required to dedicate
or make an irrevocable offer of dedication to the public, through the appropriate public agency,
of all real property both on and off-site as required for public use or benefit. Any condition
requiring dedication shall specify whether the real property shall be dedicated by easement or in
fee title, as identified in Section 9331 of this code and shall also be so identified upon the
tentative map and final map.
The Planning Commission's action on the tentative map shall be final unless appealed,
except that the Planning Commission shall provide a recommendation for applications involving
multiple, interrelated discretionary actions to the City Council at a public hearing to be held
within 30 calendar days of the Commission's action. Noticing of the public hearing shall be given
in compliance with 9321.g (Public Hearings). All applicable time frames for the Commission to
recommend on the tentative map application specified by the Subdivision Map Act, the
Subdivision Code, or other relevant law, may be extended by mutual consent of the subdivider
and the Commission.
The decision making body shall take action, after a public hearing, to approve, approve with
conditions or disapprove the tentative map. If the decision making body does not approve,
conditionally approve or disapprove the tentative map within the time limits specified in this
section, or any authorized extension thereof, the tentative map as filed, shall be deemed to be
approved, insofar as it complies with other applicable requirements of the Subdivision Map Act,
the Subdivision Code and the City's Subdivision Manual, and it shall be the duty of the City
Clerk to certify its approval. All applicable time frames for the decision making body to act on the
tentative map application specified by the Subdivision Map Act, the Subdivision Code, or other
relevant law, may be extended by mutual consent of the subdivider and the decision making
body.
D. Findings and Decision
The decision making body shall record its decision in writing with the findings upon which
the decision is based. The City Council may approve an application for a tentative map, with or
without conditions, supported by the findings required by Section 9323c, the Subdivision Map
Act and by the findings required by the California Environmental Quality Act. The decision
making body may require, as a condition of its approval that the payment by the subdivider of all
development fees required to be paid be made at the rate for such fees in effect at the time of
permit issuance.
E. Post Approval Procedures
Ordinance No. 1430
Exhibit 1
Page 15
1. Appeals. The decision of the Planning Commission may be appealed to the Tustin City
Council pursuant to Section 9321h. The decision of the City Council is final.
2. Expirations. The approval of a tentative map shall expire within twenty-four (24) months
after its approval or conditional approval, or after any extension of period of time not to
exceed an additional twelve (12) month, or such other period as may be authorized by
State Law. Prior to the expiration of said period, or any extension granted pursuant to
this section, the subdivider shall cause the subdivision, or any part thereof, to be
surveyed, and a final map to be prepared in accordance with the tentative map as
approved, and filed in accordance with Government Code Section 66456 et seq.
3. Extensions. The subdivider may request an extension of the expiration date of the
approved or conditionally approved tentative map by filing a written request with the
Department and paying applicable fees as established by City Council resolution. The
filing of such application automatically extends the map until the extension is acted on.
The Director shall determine whether sufficient evidence was provided in the application
that there are no changed circumstances and/or that the subdivider has made a good
faith effort to establish the subdivision. Extension(s) not exceeding an aggregate total of
36 months may be approved, conditionally approved or disapproved. No extension shall
be granted that would extend the tentative map more than six years beyond the date of
the resolution adopted by the decision making body approving or conditionally approving
the tentative map unless otherwise authorized by State Law. As a condition to granting
an extension of time, the Director or, upon appeal, the City Council may require
compliance with any additional requirements deemed necessary to carry out the spirit
and intent of this Subdivision Code. The period of extension specified in this section
shall be in addition to any extension authorized by Government Code Section
66452.6(a). The subdivider may appeal the decision of the Director if filed with the City
Clerk within 15 calendar days of the date of the action.
9324 VESTING TENTATIVE PARCEL AND TRACT MAPS
A. Purpose
The purpose of this section is to provide for the submittal and processing of a complete
application for vesting tentative parcel and tract maps for the subdivision of land in compliance
with the Subdivision Map Act, the Subdivision Code, and the City's Subdivision Manual.
B. Applicability, Filing and Processing
Whenever a provision of the Subdivision Map Act or the Subdivision Code requires or
authorizes the filing of a tentative map, a vesting tentative map may be filed instead, in
accordance with the provisions herein. The filing of a vesting tentative map, as opposed to a
tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit
for construction, or work preparatory to construction.
Except as provided in this section, a vesting tentative map shall be filed in the same form
and have the same contents, accompanying data and reports and shall be processed in the
Ordinance No. 1430
Exhibit 1
Page 16
same manner as set forth in Section 9323 and shall have printed conspicuously on its face the
words "Vesting Tentative Map."
C. Rights of a Vesting Tentative Map
1. Subject to the time limits established by Section 9323 of this Code, the approval or
conditional approval of a vesting tentative map shall confer a vested right to proceed
with development in substantial compliance with the ordinances, policies, and standards
as described in Section 66474.2 of the Subdivision Map Act . However, if Section
66474.2 is repealed, the approval of a vesting tentative map shall confer a vested right
to proceed with development in substantial compliance with the ordinances, policies, and
standards in effect at the time the vesting tentative map is approved or conditionally
approved.
2. A permit, approval, extension, or entitlement sought after approval of a vesting tentative
map may be conditioned or denied if any of the following are determined:
a) A failure to do so would place the residents of the subdivision or the immediate
community, or both, in a condition dangerous to their health or safety, or both; or
b) The condition or denial is required to comply with state or federal law.
3. The rights referred to herein shall expire if a final map is not approved prior to the
expiration of the vesting tentative map. If the final map is approved, these rights shall
last for the following periods of time:
a) An initial time period of one (1) year beyond the recording of the final map. When
several final maps are recorded on various phases of a project covered by a single
vesting tentative map, the one (1) year initial time period shall begin for each phase
when the final map for that phase is recorded. All of the said final maps must be
recorded within the time period set forth in Section 9323.f. (Post Approval
Procedures) or the vesting tentative map approval shall expire for those parcels for
which final maps are not timely recorded.
b) The one (1) year initial time period shall be automatically extended by any time used
for processing a complete application for a grading permit or for design review, if the
time used by the City to process the application exceeds 30 calendar days from the
date that a complete application is filed. At any time prior to the expiration of the one
(1) year initial time period, the subdivider may apply for a one-year extension. The
Director shall approve, conditionally approve or deny the request. The subdivider
may appeal the decision of the Director, if filed with the City Clerk within 15 calendar
days of the date of the action.
c) If the subdivider submits a complete application for a building permit prior to the
expiration of the vesting tentative map, the rights referred to herein shall continue
until the expiration of that permit, or any extension of that permit.
Ordinance No. 1430
Exhibit 1
Page 17
4. An approved vesting tentative map shall not limit the City from imposing reasonable
conditions on subsequent required approvals or permits necessary for the development
in accordance with subdivision (c(2) of this section.
9325 FINAL MAPS
A. Purpose
The purpose of this section is to provide for the submittal and processing of final maps in
compliance with Subdivision Map Act and the Subdivision Code.
B. Requirements
An application for a final map may be filed with the Department in compliance with 9321.c
(Application Filing and Fees). The final map shall be prepared in a manner acceptable to the
City Engineer and shall contain the information identified in the Professional Land Surveyor's
Act, Subdivision Map Act, the Subdivision Code, and the City's Subdivision Manual, unless
waived by the Director.
Final map submittals shall be accompanied by the following data and reports. The Director,
City Engineer or City Attorney may also require additional materials, exhibits, data or
information as deemed necessary to accomplish the purposes of the Subdivision Map Act,
Subdivision Code, and Subdivision Manual. Final map applications shall be determined to be
complete by the Director, only when the following actions have been completed:
1. Applications Forms. All necessary application forms, materials and exhibits identified in
the City's Subdivision Manual (including a formal "Owner's Consent" form are accepted
by the Department as complete;
2. Improvement Plans. The subdivider has either completed the required improvements, or
entered into an agreement with the City committing to do the required improvements, as
required by Section 9332 (Improvements) of this code and by conditions of the tentative
map;
3. Title Report. The subdivider has submitted a certificate of title, a policy of title insurance,
or title guarantee issued by a title company authorized by the laws of the State to write
the same, showing the names of all persons having any record title interest in the land to
be subdivided, together with the nature of their respective interests therein accepted as
adequate by the Department. Said title report shall be current within three (3)weeks of
the submittal of the final map and be updated every year unless otherwise requested by
the Director from the date of the original submittal until final action on the application is
taken;
4. Survey. Final Maps shall be based on a field survey in conformity with the Professional
Land Surveyor's Act. The survey of the land to be subdivided shall be made by a
registered civil engineer authorized to practice land surveying or licensed land surveyor.
All monuments, property lines, centerlines of streets, alleys and easements adjoining or
within the subdivision shall be tied into the survey. The allowable error of closure on any
Ordinance No. 1430
Exhibit 1
Page 18
portion of the final map shall not exceed 1/10,000 for field closures and 1/20,000 for
calculated closures.
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 readily
retrace the survey. At least one (1) exterior boundary line shall be monumented prior to
recording the final map. Other monuments shall be set prior to recording as required by
the City Engineer.
5. Tax Certificate. The subdivider has submitted a certificate from the County Tax Collector
stating that all taxes or special assessments collected as taxes due have been paid or
that a tax bond or other adequate form of security assuring payment of all taxes or
special assessments which are a lien but not yet payable has been filed with the County;
6. Dedications and Easements. All dedications or easements have been made by
certificate on the final map unless use of a separate instrument for such dedication has
been approved by the City Engineer. Deeds for off-site easements or rights-of-way
required for road or drainage purposes which have not been dedicated on the final rights
of entry or permanent easements across private property outside of the subdivision
permitting or granting access to perform necessary construction work and permitting the
maintenance of the facility have been accepted as adequate;
7. Traverse Closures. Traverse closures for the boundary blocks, lots, easements, street
centerlines and monument lines have been accepted as adequate;
8. Governing Documents. For a common interest development within the meaning of
Sections 1350 et seq. of the State Civil Code, conditions and restrictions containing the
provisions described in Section 1353 of the Civil Code, and all other governing
documents for the subdivision as are appropriate pursuant to Section 1363 of the Civil
Code have been provided. All subdivisions other than a common interest development
shall include any Declaration of Covenants, Conditions and Restrictions proposed in
connection therewith. All documents shall be subject to review and approval by the
Director of Community Development and City Attorney;
9. Guarantee of Title. A guarantee of title, in a form acceptable to the City Attorney, has
been issued by a competent title company to and for the benefit and protection of the
City, which shall be maintained complete up to the instant of recording of the final map,
guaranteeing that the names of all persons who consent is necessary to pass a clear
title to the land being subdivided, and all public easements being offered for dedications,
and all acknowledgements thereto, appear on the proper certificates and are correctly
shown on the map, both as to consents as to the making thereof and affidavits of
dedication where necessary;
10. Improvement Agreement. In the event sewer, water, drainage, grading, paving, or other
required improvements have not been completed prior to the presentation of the final
map, an agreement has been filed for the improvement thereof and accepted as
adequate;
Ordinance No. 1430
Exhibit 1
Page 19
11. Prior to recordation of a final map, street names shall be identified and approved by the
Director in accordance with the Subdivision Manual.
12. In addition to the normal full size plan submittal, the approved version of all final maps
shall be submitted in computer aided design and drafting (CADD) format consistent with
CADD conventions and guidelines established by the City Engineer.
13. Liability Agreement and Insurance. A hold-harmless agreement obligating the subdivider
to hold the City and its officers, agents and employees harmless from any liability for
damages or claims for damages for personal injury or death to any person, and for injury
to property which arise from the operations of the subdivider and/or the subdivider's
subcontractors in connection with the subdivision has been filed and accepted by the
City. A certificate of insurance reporting to the City the amount of insurance the
subdivider carries for the subdividers' own liability for damages or claims for damages for
personal injury or death to any person, and for injury to property which arise from the
operations of the subdivider or subcontractors in connection with the subdivision naming
the City as an additional insured has been filed and accepted by the City. The
agreement and certificate required by this subsection shall be subject to prior review and
approval by the City Engineer and City Attorney;
14. Fees and Deposits. All fees and/or deposits have been submitted and accepted; and
15. Corrections. Any and all corrections and/or additions to the final map have been made
and are acceptable to the City Engineer.
C. Multiple Final Maps
Multiple final maps relating to an approved or conditionally approved tentative map may be
filed prior to the expiration of the tentative map if the subdivider, at the time the tentative map
application is filed, notifies the Director of Community Development in writing of the subdivider's
intention to file multiple final maps on the tentative map. In providing the notice, the subdivider
shall not be required to define the number or configuration of the proposed multiple maps. if the
subdivider did not provide written notice of its intent to file multiple final maps at the time of the
tentative map application was filed, multiple final maps may only be filed with the concurrence of
the Director. The right of the subdivider to file multiple final maps shall not limit the City's
authority to impose reasonable conditions relating to the filing of multiple maps. Each final map
which constitutes a part, or unit, of the approved or conditionally approved tentative map shall
have a separate subdivision number. The subdivision improvement agreement executed by the
subdivider shall provide for the construction of improvements as required to constitute a logical
and orderly development of the whole subdivision.
D. Application Processing, Review and Approval
Each application shall be analyzed by the Department to ensure that the application is
consistent with the purpose and intent of the Subdivision Map Act, the Subdivision Code, the
Subdivision Manual, and any conditions of approval of the tentative map. Upon determination of
a complete final map the Director shall approve or disapprove the final map within the time
frames established by the Subdivision Map Act. The Director shall record the decision in writing
Ordinance No. 1430
Exhibit 1
Page 20
with the findings upon which the decision is based. An approval shall be based upon a finding
that the final map is in substantial compliance with the requirements of the Subdivision Map Act,
the Subdivision Code, the tentative map and all conditions thereof.
In conjunction with Director approval of a final map, the City Engineer shall have the
authority to accept, accept subject to improvement, or reject any offer of dedication. If at the
time the final map is approved, any streets, paths, alleys, public utility easements, rights-of-way
for local transit facilities, or storm drainage easements are not accepted by the City Engineer,
the offer of dedication shall remain open and the City Engineer may at any later date, and
without further action by the subdivider, rescind the action and accept and open the streets,
paths, alleys, rights-of-way for local transit facilities, or storm drainage easements, which
acceptance shall be recorded in the office of the County Recorder.
The City Engineer is also authorized to accept any dedications lying outside the subdivision
boundary which requires a separate grant deed. The acceptance shall be recorded in the office
of the County Recorder.
E. Post Approval Procedures
1. City Engineer Signature. The subdivider shall submit to the City Engineer the original
map and any duplicates per County requirements, corrected to its final form and signed
by all parties required to execute the certificates on the map. Original signatures shall
appear on the original drawing and on the blueline duplicate. Upon receipt of all required
certificates and submittals, the City Engineer shall sign the appropriate certificates and
transmit the original map to the County Recorder.
2. Filing with the County Recorder. Upon approval of the final map by the Director, and
signature by the City Engineer, the City Clerk shall execute the appropriate certificate on
the certificate sheet and shall, subject to the provisions of Section 66464 of the
Subdivision Map Act, transmit the map, or have an authorized agent forward the map, to
the County Recorder. After recordation of the final map, the subdivider shall forward one
electronic copy in PDF (portable document format) of the recorded final map to the City
Engineer.
9326 REVERSION TO ACREAGE
A. Purpose
The purpose of this section is to provide for the submittal and processing of subdivided
property reverted to acreage pursuant to the provisions the Subdivision Map Act, the
Subdivision Code, and the Subdivision Manual. This section shall apply to final maps.
Subdivisions may also be merged and resubdivided without reverting to acreage pursuant to
Section 66499.20- 1/2 of the Subdivision Map Act and the Subdivision Code.
B. Initiation of Proceedings
Ordinance No. 1430
Exhibit 1
Page 21
Proceedings to revert subdivided property to acreage may be initiated by resolution of the
City Council or with the submission of a formal application by all of the owners of record of the
property.
C. Applicability and Requirements
A complete application shall be submitted to the Department that shall contain the
information required by the City's Subdivision Manual and any other information deemed
necessary by the Director or City Engineer to initiate and conduct the proceedings.
D. Application Processing
A complete application for a reversion to acreage shall be scheduled for a public hearing
before the Council following receipt of a recommendation on the matter by the Planning
Commission. Noticing of the public hearing will be given in compliance with 9321.g (Public
Hearings).
E. Findings and Decision
The Council shall record its decision in writing with the findings upon which the decision is
based. The Council may approve the reversion to acreage, with or without conditions, supported
by the findings required by Section 66499.16 of the Subdivision Map Act. The Council shall
require as conditions of the reversion:
1. Dedication or offers of dedication for streets, public rights-of-way or easements
necessary to accomplish the purposes of the Subdivision Code;
2. The retention of all or a portion of previously paid subdivision fees, deposits or
improvement securities if the same are necessary to accomplish any of the purposes or
provisions of the Subdivision Map Act or the Subdivision Code; and,
3. Such other conditions as are necessary to accomplish the purposes or provisions of the
Subdivision Map Act or the Subdivision Code or necessary to protect the public health,
safety or welfare.
F. Post Approval Procedures
1. City Engineer Signature. The subdivider shall submit to the City Engineer the original
tracing of the map and any duplicates per County requirements, corrected to its final
form and signed by all parties required to execute the certificates on the map. Original
signatures shall appear on the original drawing and on the blue line duplicate. Upon
receipt of all required certificates and submittals, the City Engineer shall sign the
appropriate certificates and transmit the original map to the City Clerk. When reversion
becomes effective, all fees and deposits not retained per Section 9326.e (Findings and
Decision) must be returned.
2. Filing with the County Recorder. Upon approval of the final map by the Council, and
signature by the City Engineer, the City Clerk shall execute the appropriate certificate on
the certificate sheet and shall, subject to the provisions of Section 66464 of the
Ordinance No. 1430
Exhibit 1
Page 22
Subdivision Map Act, transmit the map, or have an authorized agent forward the map, to
the County Recorder.
9327 PARCEL MERGERS
A. Purpose
The purpose of this section is to provide for the submittal and processing of a complete
application for parcels to be merged in accordance with the Subdivision Map Act, the
Subdivision Code, and the City's Subdivision Manual.
B. Applicability
Except as provided in Section 66451.11(b)(A) through (E), of the Subdivision Map Act, two
(2) or more contiguous parcels or units of land held by the same owner may be merged, if any
one of the parcels or units of land does not conform to the minimum parcel or lot size required
by the City's Zoning Code and that the merger is otherwise consistent with the purposes of the
Subdivision Code, the Zoning Code, and the general plan, and if all of the following
requirements are satisfied:
1. At least one (1) of the affected parcels or units of land is undeveloped with any structure
for which a building permit was issued or for which a building permit was not required at
the time of construction, or is developed only with an accessory structure or accessory
structures, or is developed with a single structure other than an accessory structure
which is also partially sited on a contiguous parcel or unit of land.
2. With respect to any affected parcel or unit of land, one (1) or more of the following
conditions exists:
a) The parcel comprises less than five thousand (5,000) square feet in area at the time
of the determination of merger;
b) The parcel was not created in compliance with applicable laws and ordinances in
effect at the time of its creation;
c) The parcel does not meet current standards for sewage disposal and domestic water
supply;
d) The parcel does not meet slope stability standards;
e) The parcel has no legal access which is adequate for vehicular and safety equipment
access and maneuverability;
f) The parcel's development would create health or safety hazards; or,
g) The parcel is inconsistent with the General Plan, Zoning Code, and any applicable
specific plan, other than minimum lot size or density standards.
Ordinance No. 1430
Exhibit 1
Page 23
3. The owner of the affected parcels has been notified of the merger proposal pursuant to
Section 66451.13 of the Subdivision Map Act, and is afforded the opportunity for a
hearing pursuant to Section 66451.14 of the Subdivision Map Act. For purposes of
determining whether contiguous parcels are held by the same owner, ownership shall be
determined as of the date that the notice of intention to determine status is recorded in
compliance with 9327.c1 (Notice of Intention to Determine Status). Subsection 2 shall
not apply if any of the conditions stated in Section 66451.11(b)(A) through (E) of the
Subdivision Map Act exist.
C. Parcel Mergers Initiated by the City
1. Notice of Intention to Determine Status
Prior to recording a notice of merger, a notice of intention to determine status shall
be prepared by the Director and delivered to the current owner of record by certified
mail, unless the requirement for notice has been waived by the owner pursuant to
9327b3. The notice shall state that the affected parcels or units of land may be merged
pursuant to the Subdivision Code and that, within thirty (30) calendar days from the date
the notice of intention was recorded, the owner may request a hearing before the
Planning Commission to present evidence that the property does not meet the criteria for
merger. The Notice of Intention to Determine Status shall be filed with the County
Recorder by the Director on the same day that the notice is mailed to the property
owner.
2. Hearing on Determination of Status
The owner of the affected property may file a written request for hearing by the
Planning Commission within thirty (30) calendar days after recording of the notice of
intention to determine status. Upon receipt of the request, the Department shall set a
time, date and place for consideration by the Planning Commission and notify the owner
of such hearing by certified mail. The Planning Commission shall consider the matter
within sixty(60) calendar days following the receipt of the owner's request, or may be
postponed or continued by mutual consent of the Director and the property owner.
The Planning Commission shall provide the property owner with an opportunity to
present any evidence that the affected property does not meet the requirements for
merger specified in the Subdivision Code.
After consideration of the evidence presented, the Planning Commission shall
determine whether the affected parcels are to be merged or are not to be merged and
shall notify the owner of the determination.
3. Determination of Merger
If the Planning Commission makes a determination that the parcels are to be
merged, the Director shall notify the owner in writing by certified mail, and a notice of
merger shall be filed with the County Recorder by the Director within thirty (30) calendar
days of the conclusion of the Commission's action, unless the decision has been
appealed in compliance with 9327.e (Appeal). The notice of merger shall specify the
Ordinance No. 1430
Exhibit 1
Page 24
name of the record owner and a description of the property. The notice of merger under
the Subdivision Code shall be in a form approved by the Director prior to being filed for
record with the County Recorder.
If the Planning Commission makes a determination that the parcels shall not be
merged, a release of the notice of intention to determine status shall be filed with the
County Recorder by the Director within thirty (30) calendar days after the Commission's
determination, unless the decision has been appealed in compliance with 9327.e
(Appeal), and a clearance letter shall be delivered to the owner by certified mail.
4. Determination When No Hearing is Requested
If the owner does not file a request for a hearing pursuant to 9327b3, the Director
shall make a determination that the parcels are or are not to be merged. If they are to be
merged, a notice of merger shall be filed, unless the decision has been appealed in
compliance with 9327.e (Appeal), with the County Recorder by the Director within ninety
(90) calendar days after the mailing of the notice of intention to determine status in
compliance with 9327c1 (Notice of Intention to Determine Status).
D. Parcel Mergers Initiated by the Property Owner
If the merger of contiguous parcels or units of land is initiated by the record owner, the
owner may waive in writing the right for consideration by the Planning Commission and to all
notices required by the Subdivision Code. Upon receipt of such waiver, the Director shall make
a determination that the parcels are or are not to be merged. If they are to be merged, the
Director shall simultaneously file with the County Recorder a notice of intention to determine
status, the waiver of right of hearing and notice, and a notice of merger.
E. Appeal
The decision of the Director or Planning Commission shall be considered final unless an
appeal is filed in compliance with 9321h (Appeals).
9328 CORRECTION AND AMENDMENT OF MAPS
A. Tentative Maps
Prior to final map approval, the City or the subdivider may request amendments to the
approved tentative map, including vesting tentative maps, or conditions of approval. The
Director shall determine whether a proposed amendment is a substantial or a minor
amendment.
1. Substantial Changes Proposed to an Approved Tentative Map
Substantial changes proposed to an approved tentative map shall only be permitted
upon the filing and responsible decision maker approval of a new tentative map, as
specified in the Subdivision Map Act, and the Subdivision Code.
Ordinance No. 1430
Exhibit 1
Page 25
2. Changes in Conditions of Approval, Minor Corrections, and Amendments to an
Approved Tentative Map
Changes in conditions of approval and minor corrections and amendments to an
approved tentative map may be approved by the Director upon the filing of an
application and paying applicable fees, as established by Council resolution provided
that:
a) No lots, units, or building sites or structures are added;
b) The changes are consistent with the intent and spirit of the original tentative map
approval; and
c) There are no resulting violations of the Tustin General Plan, Zoning Code, and
applicable Specific Plan, the Subdivision Code, or the Subdivision Map Act.
A correction or amendment of a map shall be indicated on the tentative map. An
approval of a request for minor corrections and amendments shall not alter the
expiration date of the tentative map unless an application for extension is concurrently
approved.
B. Final Maps
1. After a final map is filed in the office of the County Recorder, the map may be amended
by a certificate of correction or an amending map for any of the following purposes:
a) To correct an error in any course or distance shown thereon; or
b) To show any course or distance that was omitted there from; or
c) To correct an error in the description of the real property shown on the map; or
d) To indicate monuments set after the death, disability, retirement from practice or
replacement of the engineer or surveyor charged with responsibilities for setting
monuments; or
e) To show the proper location or character of any monument which has been changed
in location or character, or originally was shown at the wrong location or incorrectly
as to its character; or
f) To correct any additional information filed or recorded pursuant to Section 66434.2 of
the Subdivision Map Act, if the correction does not impose any additional burden on
the present fee owners of the real property and does not alter any right, title, or
interest in the real property reflected on the recorded map; or
g) To correct any other type of map error or omission as approved by the County
Surveyor or City Engineer that does not affect any property right, including, but not
limited to, lot numbers, acreage, street names, and identification of adjacent record
maps. As used herein, "error" does not include changes in courses or distances
from which an error is not ascertainable from the data shown on the final map; or
Ordinance No. 1430
Exhibit 1
Page 26
111 h) To modify conditions of approval if the Director finds that:
(1) There are changes in circumstances which make any or all of the conditions of
such map no longer appropriate or necessary;
(2) The modifications do not impose any additional burden on the present fee owner
of the property;
(3) The modifications do not alter any right, title or interest in the real property
reflected on the recorded map; and
(4) The map as modified conforms to the required findings of approval specified in
Section 9323c of this code.
2. The amending map or certificate of correction shall be prepared by a registered civil
engineer or licensed land surveyor. The form and contents of the amending map shall
conform to the requirements of the Subdivision Map Act, Subdivision Code, and the
City's Subdivision Manual. The amending map or certificate of correction shall set forth
in detail the corrections made and show the names of the present fee owners of the
property affected by the correction on the date of the filing or recording of the original
recorded map. The City Engineer shall examine the amending map or certificate of
correction within twenty (20) working days of submittal for compliance with the provisions
of the Subdivision Map Act, Subdivision Code, and the City's Subdivision Manual and
shall either certify it and file it with the office of the County Recorder or return it with a
written statement of the changes necessary to make it conform to the requirements of
the Subdivision Map Act, Subdivision Code, or the City's Subdivision Manual. If the
' resubmitted corrections are approved, the City Engineer shall have ten (10) working
days to present it to the County Recorder for recordation.
3. Modifications made pursuant to Section 9328b1(h) shall be set for public hearing before
the responsible decision maker consistent with the noticing provisions of 9321.g (Public
Hearings). The hearing by the responsible decision maker shall be confined to
consideration of, and action on, the proposed modification. Modifications identified in
Section 9328b1(a)through (g), shall be reviewed and certified by the City Engineer.
4. Upon filing of the amending map or certificate of correction by the City Engineer, the
County Recorder shall index the names of the fee owners and the appropriate
subdivision designation shown on the amending map or certificate of correction in the
general index and map index, respectively. Thereafter, the original map shall be deemed
to have been conclusively so corrected, and thereafter shall impart constructive notice of
all such corrections in the same manner as though set forth upon the original map.
PART 3 DEDICATIONS, IMPROVEMENTS AND ENFORCEMENT
9331 DEDICATIONS, RESERVATIONS AND DEVELOPMENT FEES
A. Dedication of Streets, Alleys, Bicycle Paths and Other Public Rights-of-way or Easements
To be consistent with the Circulation Element of the General Plan and to the extent
permitted by Law, the subdivider may be required, as a condition of approval of a tentative map,
Ordinance No. 1430
Exhibit 1
Page 27
to dedicate or make an irrevocable offer of dedication of real property both on and off site
required for public use or benefit, including but not limited to streets and alleys (including access
rights), drainage, public greenways, parks, bicycle paths, trails, scenic easements, public utility
easements, local transit facilities as provided in Section 66475.2 of the Subdivision Map Act,
and other public easements. In addition, the subdivider may also be required to improve or
agree to improve all streets and alleys, including access rights, drainage, public greenways,
bicycle paths, trails, public utility easements, and other public easements. Improvements shall
be made in accordance with 9332 (Improvements).
B. Waiver of Direct Access Rights
The City may require as a condition of approval of a tentative map that dedications or offers
of dedication of streets include a waiver of direct access rights to any such street from any
property within or abutting the subdivision. Upon acceptance of the dedication, such waiver shall
become effective in accordance with its provisions.
C. Dedications/Fee Title
All dedications of property to the City for public purposes shall be made in fee title, except
that, in the City's discretion, a grant of an easement may be accepted for the following
purposes: Open space easements, scenic easements or public utility easements. All
dedications in fee and grants of easements shall be free of liens and encumbrances except for
those which the City, in its discretion, determines would not conflict with the intended ownership
and use. The City may elect to accept an irrevocable offer of dedication in lieu of dedication of
fee title.
D. Parkland Dedication
To implement the Conservation/Open Space/Recreation Element of the General Plan which
contains policies and standards for parks and recreational facilities, the subdivider shall
dedicate land or pay a fee in lieu thereof, or a combination of both, at the option of the City
except as otherwise provided in Government Code Section 66477, for the purpose of
developing new or rehabilitating existing neighborhood or community parks and recreational
facilities to serve the subdivision, and in accordance with the standards and formula contained
in this section.
1. General Provisions
a) Applicability. The provisions of this section shall be applicable to the division of real
property defined as a "subdivision" by Section 66424 of the Subdivision Map Act.
b) Exceptions. Park land dedications or fees in lieu thereof shall not be required for the
following:
(1) Industrial subdivisions.
(2) Commercial subdivisions.
Ordinance No. 1430 111
Exhibit 1
Page 28
(3) Condominium projects or stock cooperatives in an existing apartment building
which is more than five (5) years old and no new dwelling units are added.
(4) Subdivisions containing less than five (5) parcels and not used for residential
purposes.
c) Waiver. Parkland dedication fees may be waived by the City Council in its discretion
upon the submission and approval of agreements for specific projects designed and
guaranteed for low income, senior and handicapped citizen occupants.
2. Standards and formula for land dedication:
a) The public interest, convenience, health, welfare, and safety require that three (3)
acres of usable park land per one thousand (1,000) potential population be devoted
to local park and recreational purposes.
b) When the requirements of this section are complied with solely on the basis of the
dedication of parkland, the minimum amount of land to be provided shall be
computed by multiplying the number of proposed dwelling units by the parkland
acres per dwelling unit in accordance with the appropriate density classification in the
following table:
Dwelling Units Average Persons Per Parkland Acres
Per Gross Acre Dwelling Unit Per Dwelling Unit
0-7 3.39 .0102
7.1-15 2.85 .0086
15.1-25 2.24 .0067
Mobile home Parks 2.24 .0067
Source: Tustin General Plan Land Use Element,as amended
These density ranges, average person per dwelling unit and/or parkland acreage per
dwelling unit shall be used to achieve a parkland dedication rate of three (3) acres of
parkland per one thousand (1,000) persons unless alternate density ranges, average
persons per dwelling unit and/or parkland acreage per dwelling unit are established in an
adopted Specific Plan adopted in compliance with Government Code Section 65450 et
seq., Disposition and Development Agreement in compliance with California Community
Redevelopment Law, or other agreement.
3. Fees in lieu of dedication
When there is no public park or recreational facility required within the proposed
subdivision, the subdivision is less than fifty(50) parcels, or the project is a conversion of
an existing apartment complex to multiple-owner occupancy not exempted herein, the
subdivider shall pay a park fee, on a per unit basis, reflecting the value of land required
for park purposes. The value of the amount of such fee shall be based upon the fair
market value of the amount of land which would otherwise be required for dedication.
The fair market value shall be determined by a Master Appraisal Institute (MAI)
Ordinance No. 1430
Exhibit 1
Page 29
appraiser acceptable to the City and at the expense of the subdivider; and the
determination shall consider the value of a buildable acre of land at the time the final
map is to be recorded, as if otherwise the land would be fully developed to the
residential density shown on the tentative map for which the fees are required. If more
than one (1) year elapses between the appraisal and recording of the final map, the City
will require that a new appraisal be prepared at the expense of the subdivider. For
purposes of this section, the determination of fair market value of a buildable acre shall
consider, but not necessarily be limited to, the approval of and conditions of the tentative
subdivision map, the General Plan, zoning, property location, off-street improvements
facilitating use of the property, and site characteristics of the property.
If a subdivider objects to the fair market value as determined by the MAI appraiser,
an appeal may be made to the Planning Commission. The subdivider shall have the
burden of proof in contesting the appraised value.
Nothing in this section shall prohibit the dedication and acceptance of land for park
and recreation purposes in subdivisions of fifty (50) parcels or less, where the subdivider
proposes such dedication voluntarily and the dedication and land is acceptable to the
responsible decision maker.
For subdivisions in excess of fifty(50) parcels, the responsible decision maker may
elect to receive a fee in lieu of land dedication. The value of the amount of such fee shall
be based upon the fair market value of the amount of land which would otherwise be
required for dedication as determined above.
Notwithstanding the foregoing, dedication of land may be required by the City for a
condominium, stock cooperative, or community apartment project which exceeds fifty
(50) dwelling units, regardless of the number of parcels.
4. Combination of dedication and fees
Whenever the requirements of this section are complied with by both the provision of
parkland and the payment of a park fee, the amount of the park fee shall be computed
by determining the required amount of parkland in accordance with the provision of
subsection d.2, and subtracting the amount of parkland actually provided. The remainder
shall be converted to "fee" on a per unit basis in accordance with the provisions of
subsection d.3.
5. Credit for private open space
Where private open space 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 may be credited against the requirement
for dedication of parkland, as provided for in subsection d.2, provided the responsible
decision maker finds it is in the public interest to do so, and that all of the following
standards are met:
Ordinance No. 1430
Exhibit 1
Page 30
a) That yards, court areas, setbacks and other open areas required to be maintained by
the zoning and building regulations shall not be included in the computation of such
private open space;
b) That the private ownership and maintenance of the open space is adequately
provided for by written agreement;
c) That the use of the private open space is restricted for park and recreational
purposes by recorded covenants which run with the land in favor of the future owners
of property within the subdivision and which cannot be defeated or eliminated without
the consent of the responsible decision maker;
d) 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;
e) The facilities proposed for the open space are in substantial accordance with the
provision of the Recreational Element of the General Plan, and are approved by the
responsible decision maker;
f) That the open space for which one hundred (100) percent credit is given is a
minimum of one (1) acre and provides at least one (1) of the park basic elements
listed below, or a combination of such and other recreation improvements that will
meet the specific recreation needs of future residents of the area:
(1) "Recreational open spaces" which are generally defined as park areas for active
recreation pursuits such as soccer, baseball, softball, and football, and have at
least one (1) acre of maintained turf with less than five (5) percent slope.
(2) "Court areas" which are generally defined as tennis courts, badminton courts,
basketball courts, shuffleboard courts, or similar hard-surfaced areas especially
designed and exclusively used for court games.
(3) "Recreational swimming areas" which are defined generally as fenced areas
devoted primarily to swimming, diving, or both. They must also include decks,
lawn area, bathhouses, or other facilities developed and used exclusively for
swimming and diving and consisting of no less than fifteen (15) square feet of
water surface area for each three (3) percent of the population of the subdivision
with a minimum of eight hundred (800) square feet of water surface area per
pool, together with an adjacent deck and/or lawn area twice that of the pool.
(4) "Recreation buildings and facilities" which means facilities designed and primarily
used for the recreational needs of residents of the development. Partial credit
may be awarded for sites which do not incorporate the required basic elements
or are less than one (1)acre when deemed beneficial to the community by the
responsible decision maker.
Ordinance No. 1430
Exhibit 1
Page 31
Because private common areas meet only a portion of resident needs, the
computed credit value shall not exceed twenty-five (25) percent of the otherwise
required public land dedication or in lieu fees.
The determination of the Planning Commission as to whether credit shall be
given and the amount of credit shall be final and conclusive, unless appealed to the
City Council. The decision of the City Council is final.
6. Credit for public park and recreational facility improvements.
a) A subdivider may elect to provide improvements to land dedicated for public park or
recreational use when a combination of fees and dedications are required. The
responsible decision maker may credit the value of the improvements together with
any equipment located thereon against the payment of fees or dedication of land
required herein.
b) Credit shall not be allowed for single-purpose commercial recreation facilities
whether dedicated to the public or in private ownership.
7. Choice of land dedication, improvement, fees, or combination.
a) Procedure. The procedure for determining whether the subdivider is to dedicate,
improve, pay a fee, or combination of methods shall be as follows:
(1) At the time of filing a tentative map for approval, the subdivider of the property
shall, as a part of such filing, indicate whether the subdivider desires to dedicate
property for park and recreational purposes, improve the parkland, pay a fee in
lieu thereof, or a combination of the foregoing. If the subdivider desires to
dedicate land for this purpose, the subdivider shall designate the area thereof in
the tentative map as submitted.
(2) At the time of the tentative map approval, the responsible decision maker shall
determine as a part of such approval, whether to require a dedication of land
within the subdivision, payment of a fee in lieu thereof, accept improvement, or a
combination of such methods.
(3) Where dedication is required, it shall be accomplished in accordance with the
provision of the Subdivision Map Act, Subdivision Code, and Subdivision Manual.
Where fees are required, the same shall be deposited with the City prior to the
approval of the final map. Open space covenants for private park or recreational
facilities shall be submitted to the City prior to approval of the final map and shall
be recorded contemporaneously with the final map.
b) Determination. When land is proposed to be dedicated, the responsible decision
maker shall determine the appropriateness of the land to be dedicated based upon
the following:
(1) The conservation/Open Space/Recreation Element of the City's General Plan;
and
Ordinance No. 1430
Exhibit 1
Page 32
(2) The topography, geology, access and location of land in the subdivision available
for dedication; and
(3) Size and shape of the subdivision and land available for dedication. The
determination of the Planning Commission as to whether land shall be dedicated,
fees charged, dedicated land improved, or any combination thereof, shall be final
and conclusive, unless appealed to the City Council. In no event, may the
dedications, amount of fees or value of improvements exceed the subdivider's
dedication requirements as set forth in Section 9331.d.2 (Standards and Formula
for Land Dedication) unless the subdivider voluntarily agrees. On subdivisions
involving fifty (50) lots or less, only the payments of fees shall be required. The
determination of the City Council is final.
8. Responsibilities and Enforcement.
a) It is the responsibility of each property owner who proposes to create residential
building sites to provide an equitable portion of parklands as required by this Code.
Dedications for the provision of parklands and/or the payment of fees shall
commence at the earliest possible instance of land development planning. Where
parkland is to be provided, such provisions shall be included, where applicable, in
zone changes, planned community texts and development plans, tentative and final
maps, and conditional use permits.
b) It is the duty of the Director of Parks and Recreation to verify that the requirements of
this part are complied with, and to notify all interested parties and agencies of such
compliance.
c) It is the duty of the Director of Community Development to enforce the provisions of
this part that are applicable to the issuance of a building permit.
d) The Director of Parks and Recreation shall prepare a schedule for approval by the
City Council, specifying how and when it will use the land or fees, or both, to develop
park and recreation facilities. Fees shall be committed within five (5) years of
collection.
e) Any required in-lieu fees for residential development shall be paid on the date of final
inspection or certificate of occupancy, whichever occurs first. The City may require
fees to be paid at the time of building permit issuance for non-residential
development and on residential development (other than low income housing
described in Government Code section 66007(b)(2)) if the fees will be used to
construct a public improvement for which the City has established an account, the
City Council has authorized expenditures from the account and the City has adopted
a proposed construction schedule or to reimburse itself for funds already spent on
the improvement.
9. Limitation of use of land and fees.
Ordinance No. 1430
Exhibit 1
Page 33
The land and fees received under this section shall be used only for the purpose of
providing park and recreational facilities to serve the area from 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, the
community, and the general area from which it is received.
E. Reservations
1. General
Based on the General Plan, or applicable specific plan, as a condition of approval of
a tentative map, the subdivider may be required to 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 this section.
2. Standards for Reservation of Land
Where a park, recreational facility, fire station, library, or other public use is shown on
the General Plan or an adopted specific plan, the subdivider may be required by the City
to reserve sites as so determined by the City in accordance with the policies and
standards contained in the General Plan or the adopted specific 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 economically infeasible. The reserved area shall be consistent
with the General Plan or the adopted specific 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.
3. Procedure
The public agency for whose benefit an area has been reserved shall, at the time of
approval of the final map, enter into a binding agreement to acquire such reserved area
within two (2) years after the completion and acceptance of all improvements, unless the
period of time is extended by the Director upon mutual agreement.
4. Payment to Subdivider
The purchase price for the reserved area shall be the market value thereof at the
time of the filing of the tentative map plus the taxes against the reserved area from the
date of the reservation and any other costs incurred by the subdivider in the
maintenance of the reserved area, including interest costs incurred on any loan covering
the reserved area.
5. Termination
Ordinance No. 1430
Exhibit 1
Page 34
If the public agency for whose benefit an area has been reserved does not enter into
a binding agreement in accordance with this section, the reservation of the area shall
automatically terminate.
F. Local Transit Facilities
As a condition of approval of a tentative map, the subdivider may be required to dedicate, or
make an irrevocable offer of dedication, of land within the subdivision for local transit facilities
such as shelters, benches, bus turnouts, landing pads, park-and-ride facilities, and similar items
which directly benefit the residents of the subdivision, if(a) the subdivision as shown on the
tentative map has the potential for two hundred (200) dwelling units or more if developed to the
maximum density shown on the general plan or contains one hundred (100) acres or more, and
(b) if the City finds that transit services are or will, within a reasonable time period, be made
available to the subdivision. The irrevocable offer may be terminated as provided in
subdivisions (c) and (d)of Section 66477.2 of the Subdivision Map Act.
Only the payment of fees in lieu of the dedication of land may be required in subdivisions
that consist of the subdivision of airspace in existing buildings into condominium projects, stock
cooperatives, or community apartment projects, as those terms are defined in Section 1351 of
the Civil Code.
G. Bridges and Major Thoroughfares
1. Purpose. The purpose of this section is to establish provisions for assessing and
collecting fees as a condition of approval of a final map or prior to issuing a building
permit for the purpose of defraying the actual or estimated cost of constructing bridges
or major thoroughfares pursuant to Section 66484 of the Subdivision Map Act, and in
order to implement the Circulation Element of the General Plan and, in the case of
bridges, the transportation provisions thereof.
2. Definitions. For the purpose of this section, the following words and phrases shall have
the following meanings:
a) "Construction" shall mean design, acquisition of right-of-way, administration of
construction contracts, actual construction and inspections.
b) "Major thoroughfare" shall mean a roadway as shown on the Circulation Element of
the General Plan whose primary purpose is to carry through traffic and provide a
network connecting to the state highway system.
3. Payment of Fees Generally
a) Prior to filing a final map which includes land within an area of benefit established
pursuant to this division, the subdivider shall pay or cause to be paid any fees
established and apportioned to such property pursuant to this section for the purpose
of defraying the actual or estimated cost of constructing bridges over waterways,
railways, freeways or canyons or constructing major thoroughfares.
Ordinance No. 1430
Exhibit 1
Page 35
b) At the time a building permit is issued for construction on any property within an area
of benefit established pursuant to this section, the applicant for such permit shall pay
or cause to be paid any fees established and apportioned pursuant to this section for
the purpose of defraying the actual or estimated cost of constructing bridges over
waterways, railways, freeways or canyons or constructing major thoroughfares,
unless such fees have been paid pursuant to subsection (c)(1)of this section.
c) Notwithstanding the provisions of subsections 3(a) and 3(b) of this section:
(1) Payment of bridge fees shall not be required unless the planned bridge facility is
an original bridge serving the area or an addition to any existing bridge facility
serving the area at the time of adoption of the boundaries of the area of benefit.
(2) Payment of major thoroughfare fees shall not be required unless the major
thoroughfares are in addition to, or a reconstruction of, any existing major
thoroughfares serving the area at the time of the adoption of the area of benefit.
4. Consideration in Lieu of Fees. Upon application by the subdivider or applicant for a
building permit, the City Council may accept consideration in lieu of the payment of fees
required pursuant to this section; provided that the City Council first finds, upon
recommendation of the City Engineer, that the substitute consideration has a value
equal to or greater than the fee; and provided further that the substitute consideration is
in a form acceptable to the City Council.
5. Public Hearing. Prior to establishing an area of benefit, a public hearing shall be held by
the City Council at which time the boundaries of the area of benefit, the costs, whether
actual or estimated, and a fair method of allocation of costs to the area of benefit and fee
apportionment, and the fee to be collected, shall be established. Notice of the public
hearing shall be given consistent with the provisions of Government Code Section 65091
and shall include preliminary information related to the boundaries of the area of benefit,
estimated cost and the method of fee apportionment.
6. Amount. The amount of fees and the areas of benefit established pursuant to this
section may be established by resolution of the City Council.
7. Exemptions. Notwithstanding the provisions of subsection 6, payment of such fees shall
not be required for:
a) The use, alteration or enlargement of an existing building or structure or the erection
of one (1) or more buildings or structures accessory thereto, or both, on the same lot
or parcel of land; provided that the total value, as determined by the Building Official,
of all such alteration, enlargement or construction completed within any one (1) year
period does not exceed one-half(1/2) of the current market value, as determined by
the Building Official, of all existing buildings on such lot or parcel of land, and the
alteration or enlargement of the building is not such as to change its classification of
occupancy as defined by applicable sections of the California Building Code.
b) The following accessory buildings and structures: private garages, children's
playhouses, radio and television receiving antennas, windmills, silos, tank houses,
Ordinance No. 1430
Exhibit 1
Page 36
shops, barns, coops and other buildings which are accessory to one (1)family or two
(2)family dwellings.
8. Protest
a) At any time not later than the hour set for hearing objections to the proposed bridge
facility or major improvement, any person may file a protest against the proposed
bridge facility or major thoroughfare or against the extent of the area to be benefitted
by the improvements or against both of them. Such protests must be in writing and
must contain a description of the property in which each signer thereof is interested,
sufficient to identify such property, and, if the signers are not shown on the last
equalized assessment roll as the owners of such property, must contain or be
accompanied by written evidence that such signers are the owners of such property.
All such protests shall be delivered to the City Clerk and no other such protests shall
be considered. Any protest may be withdrawn, in writing, by the owners making such
protests, at any time prior to the conclusion of the public hearing.
b) If there is a written protest filed with the City Clerk by the owners of more than one-
half( 1/2) of the area of the property to be benefitted by the improvement, and
sufficient protests are not withdrawn so as to reduce the area represented to less
than one-half( 1/2) of that to be benefitted, then the proposed proceedings shall be
abandoned, unless by a four-fifths vote of all the members of the City Council the
protest shall be overruled; and the City Council shall not, for one (1) year from the
filing of that written protest, commence or carry on any proceedings for the same
improvement, or that portion thereof so protested against, under the provisions of
this section.
H. Supplemental Improvement Capacity
1. As a condition of approval of a tentative map, there may be imposed a requirement that
improvements installed by the subdivider for the benefit of the subdivision contain
supplemental size, capacity, number or length for the benefit of property not within the
subdivision and that those improvements be dedicated to the public. However, when
such supplemental size, capacity, number or length is solely for the benefit of property
not within the subdivision, the City shall, subject to the provisions of Sections 66486 and
66487 of the Subdivision Map Act, enter into an agreement with the subdivider to
reimburse the subdivider for that portion of the cost of such improvements equal to the
difference between the amount it would have cost the subdivider to install such
improvements to serve the subdivision only and the actual cost of such improvements.
2. The City Council shall determine the method for payment of the costs required by a
reimbursement agreement, which method may include, but shall not be limited to, the
following:
a) The collection from other persons, including public agencies, using such
improvements for the benefit of real property not within the subdivision, of a
reasonable charge for such use.
Ordinance No. 1430
Exhibit 1
Page 37
b) The contribution to the subdivider of that part of that cost of the improvement(s) that
is attributable to the benefit of real property outside the subdivision and the levy of a
charge upon the real property benefitted to reimburse the City for such costs,
together with interest thereon, if any, paid to the subdivider.
c) The establishment and maintenance of local benefit districts for the levy and
collection of such charge or costs from the property benefitted.
3. No charge, area of benefit or local benefit district shall be established unless and until a
public hearing is noticed and held thereon by the City Council in accordance with the
provisions of Government Code Section 65091 and the City Council finds that the
charge, area of benefit or local benefit district is reasonably related to the cost of such
supplemental improvements and the actual ultimate beneficiaries thereof.
4. In addition to the notice required by Government Code Section 65091, written notice of
the hearing shall be given to those who own property within the proposed area of benefit
as shown on the last equalized assessment roll, and the potential users of the
supplemental improvements insofar as they can be ascertained at the time.
I. Drainage Fees [Reserved]
J. Solar Access Easements [Reserved]
K. Interim School Facilities
1. Authority, Purpose and Intent
a) This section is enacted pursuant to the authority of Section 65970 et seq. of the
Government Code for the purpose of providing interim school facilities to alleviate
conditions of overcrowding caused by new residential development.
2. [Reserved]
3. Action by School Districts. The governing body of an affected School District(s) may,
from time to time, adopt a notice of findings and file the same with the City Clerk for
consideration by the City Council that makes both of the following findings supported by
clear and convincing evidence:
a) That conditions of overcrowding exist in one or more attendance areas within the
district which will impair the normal functioning of educational programs including the
reason for the existence of those conditions.
b) That all reasonable methods of mitigating conditions of overcrowding have been
evaluated and no feasible method for reducing those conditions exists.
The notice of findings shall specify the mitigation measures considered by the school
district, including a completed application to the Office of Public School Construction for
preliminary determination of eligibility under the Leroy F. Greene State School Building
Lease-Purchase Law of 1976, and include a schedule for land use of fees required by
Section 65976 of the Government Code.
Ordinance No. 1430
Exhibit 1
Page 38
P4. Action by City Council. The notice of findings and schedule for land use of fees shall be
made available to the public for 60 calendar days after the date of receipt by the City.
Following the completion of the public review period but not later than 150 calendar days
of the receipt of the notice of findings and schedule for land use of fees, the City Council
shall either concur or not concur, or may extend the period to concur or not to concur for
one 30-day period. Failure to act within the prescribed time period shall not be deemed
as an act of City Council concurrence in the notice of findings. If it concurs in the notice
of findings, the City Council shall not approve an ordinance rezoning property to a
residential use, grant a discretionary permit for residential use, or approve a tentative
subdivision map for residential purposes, unless the City Council makes one of the
following findings
a) That there are specific overriding fiscal, economic, social, or environmental factors
which in the judgment of the City Council would benefit the City, thereby justifying the
approval of a residential development; or,
b) That the dedication of land, the payment of fees in lieu thereof, or a combination of
both, for classroom and related facilities for elementary or high schools are being
required as a condition to the approval of a residential development, in accordance
with the provisions of Section 65974 of the Government Code.
The decision concerning whether to require the dedication of land, payment of fees
of an appropriate combination shall be determined after consultation with the affected
P school district(s) concerning the needs of the school district(s) as they relate to the
impacted school or schools.
The amount of any fee shall be in accordance with the provisions of Chapter 4.9
(commencing with Section 65995) of the Government Code, and shall be prescribed by
resolution of the City Council, and shall be collected at the time of issuance of a building
permit.
5. Use of Fees and Land-Accounting
a) The school districts shall use the land and/or fees solely to alleviate the conditions of
overcrowding within the affected attendance area.
The school districts shall annually provide to the City Council the report required by
Section 65978 of the Government Code. If the report has not been filed as required,
there shall be a waiver of any performance of the payment of fees or the dedication of
land. If it is determined that overcrowding conditions no longer exist, or the period of
time for the dedication of land or the payment of fees has been completed, the City of
Tustin shall cease levying any fee or requiring the dedication of any land pursuant to the
Subdivision Map Act, Subdivision Code, and Subdivision Manual.
6. City's Right to Disapprove Development or Require Other Fees. Nothing in this section
shall be construed to limit the right of the City to disapprove new residential development
for any lawful reason, including, but not limited to, the impact that such development
Ordinance No. 1430
Exhibit 1
Page 39
may have on a school or schools within the school districts which cannot be alleviated by
the provisions of this section.
L. Permanent Classroom Facilities
The City may not require, as a condition of approval of a tentative map for a residential
subdivision, dedication of land or payment of in-lieu fees or a combination of both in order to
provide permanent facilities for school purposes. Nothing in this chapter is intended as a
limitation on the school districts' authority to directly levy a fee, charge, dedication or other form
of requirement against any development project, pursuant to Section 53080 of the Government
Code, in order to provide temporary and permanent facilities for school purposes.
M. Reimbursement to a Telephone Corporation or Cable Television System for Undergrounding
or Relocation.
Whenever the City imposes as a condition to its approval of a tentative map a requirement
that necessitates replacing, undergrounding, or permanently or temporarily relocating existing
facilities of a telephone corporation or cable television system, the subdivider shall reimburse
the telephone corporation or cable television system for all costs for the replacement,
undergrounding, or relocation. All of these costs shall be billed to the subdivider directly by the
telephone corporation or cable television system after they are incurred, and shall include a
credit for any required advance payments and for the salvage value of any facilities replaced. In
no event shall the telephone corporation or cable television system be reimbursed for costs
incurred in excess of the cost to replace the facilities with substantially similar facilities. In no
event shall the City be obligated to pay such reimbursement.
9332 IMPROVEMENTS
A. General
The subdivider shall construct all required improvements, both on and off-site, in
accordance with the standard engineering specifications and other approved standards as
provided by this chapter and by the City Council's resolution or resolutions establishing such
standards.
No final map shall be approved by the Director until the subdivider either completes the
required improvements, or enters into an agreement with the City agreeing to do the work.
B. Required Improvements
1. General. All improvements as may be required as conditions of approval of the tentative
map or by City ordinance or resolution, together with, but not limited to, the required
improvements set forth below shall be required of all subdivisions. Requirements for
construction of on-site and off-site improvements for subdivisions of four(4) or less
parcels shall be noted in the parcel map, or waiver of parcel map or the subdivision
improvement agreement recorded prior to or concurrent with the parcel map. Completion
of improvements shall be in accordance with 9332.k (Completion of Improvements).
Ordinance No. 1430
Exhibit 1
Page 40
2. Frontage Improvements. The frontage of each lot shall be improved to its ultimate
adopted geometric section, including street structural section, curbs, sidewalks, driveway
approaches and transitions.
3. Storm Drainage. Storm water runoff from the subdivision shall be collected and
conveyed by an approved storm drain system. The storm drain system shall be designed
for ultimate development of the watershed and shall be capable of collecting and
conveying runoff generated by a 100 year flood. The storm drain system shall provide for
the protection of abutting and off-site properties that would be adversely affected by any
increase in runoff attributed to the development. Off-site storm drain improvements may
be required to satisfy this requirement.
4. Sanitary Sewers. Each unit or lot within the subdivision shall be served by an approved
sanitary sewer system in accordance with the applicable provisions of this Code.
5. Utilities. Each unit or lot within the subdivision shall be served by gas, electric, telephone
and cablevision facilities.
6. Underground Utilities. The provisions of this Subsection are in addition to, and not a
substitute for other underground provisions of this Code.
a) All existing and proposed utilities within the subdivision and along peripheral streets
shall be placed underground except those facilities exempted by Public Utilities
Commission regulations. Undergrounding shall be required for overhead lines on
either side of peripheral streets.
b) The subdivider may request that the undergrounding requirement along peripheral
streets be waived. The City Engineer may, at his or her discretion, accept a fee in
lieu of the undergrounding upon a determination that the amount of the fee is based
upon the reasonable estimated cost of that portion of a future undergrounding project
attributable to the subdivision. The requirement for undergrounding or payment of an
in-lieu fee shall be a condition of approval of the tentative map. Any failure to include
said condition shall not be deemed as an act of the City Council to waive the
requirement, except as provided in Section 9332b6(c).
c) Undergrounding requirements may be waived or modified by the City Council only
upon finding:
(1) The subdivision is within an area where existing utilities have not been
undergrounded and that deferral will be allowed since undergrounding is
impractical due to physical constraints, or the surrounding neighborhood is
absent of similar improvements; and
(2) Overhead utilities will have no significant visual impact.
(d) If the undergrounding requirements are waived as allowed by findings (c)(1) and (2)
above, the in-lieu fee as established by the City Engineer shall be made a condition
of approval of the tentative map.
Ordinance No. 1430
Exhibit 1
Page 41
(e) In-lieu fees shall be deposited in a special undergrounding account to be used as
approved by the City Council for future undergrounding of utilities throughout the
City.
7. Fencing. Each parcel or lot within the subdivision that is adjacent to property containing
a public facility shall have an approved fence or wall adequate to prevent unauthorized
access between properties.
8. Other Improvements. Other improvements including, but not limited to, grading, street
lights, traffic signals, fire hydrants, signs, street lines and markings, street trees and
shrubs, landscaping, monuments, bicycle facilities and fences, or fees in lieu of any of
the foregoing, shall also be required as determined by the City Engineer in accordance
with this Code, the General Plan and the City standards and specifications.
9. Off-Site Improvements. If the subdivider is required to construct off-site improvements on
land in which neither the subdivider nor the City has sufficient title or interest to allow
construction, the City shall, within one hundred twenty(120) calendar days of recording
the final map, acquire by negotiation or commence condemnation of the land. If the City
fails to meet the one hundred twenty(120) calendar day time limit, the condition for the
construction shall be waived. Prior to approval of the final map, the City may require the
subdivider to enter into an agreement to complete the off-site improvements at the time
the City acquires title or an interest in the land.
The subdivider shall pay the cost of acquiring off-site land or an interest in the land
required to construct the off-site improvements.
C. Deferred Improvement Agreements
1. Subdivisions of Four(4) of Less Parcels. The frontage improvements along peripheral
streets may be deferred when deemed necessary by the City Engineer. When
improvements are deferred, the subdivider and/or the owner of the real property shall
enter into an agreement with the City, in a form acceptable to the City Engineer and City
Attorney, for the installation of all frontage improvements at a time in the future specified
in the agreement. The agreement shall provide for the following:
a) Construction of improvements shall commence within ninety (90) calendar days of
the receipt of the notice to proceed from the City and shall be completed within the
time specified by Section 9332k.
b) That in the event of a default by the subdivider and/or owner, the City is authorized to
cause construction to be done and charge the entire cost and expense to the
subdivider and/or owner, including interest from the date of notice of said cost and
expense until paid.
c) That the agreement shall be recorded with the County Recorder at the expense of
the subdivider and/or owner and shall constitute notice to all successors and assigns
of title to the real property of the obligations set forth therein, and shall also constitute
Ordinance No. 1430
Exhibit 1
Page 42
a lien in such amount necessary to fully reimburse the City, including interest as
provided above, subject to foreclosure in the event of a default in payment.
d) That in event of litigation occasioned by any default of the subdivider and/or owner,
the subdivider and/or owner agree to pay all costs incurred by the City, in
successfully enforcing the obligation, including reasonable attorney's fees, and that
the same shall become a part of the lien against the real property.
e) The terms "subdivider" and "owner" shall include, respectively, not only the
subdivider and the present owner of the real property but also heirs, successors,
executors, administrators and assigns thereof, it being the intent of the parties that
the obligations undertaken shall run with the real property and constitute a lien
against it.
f) Any other improvement security as required by Section 9332h.
g) Any other provisions required by the City as reasonably necessary to effectuate the
purposes and provisions of the Subdivision Map Act and this Code.
The agreement shall not relieve the subdivider or owner from any other specific
requirements of the Subdivision Map Act, this Code or law. The construction of deferred
improvements shall conform to the provisions of this chapter and all applicable articles of
this code in effect at the time of construction.
2. Remainders. Where a remainder is made part of a final map, the subdivider may enter
into an agreement with the City to construct improvements within the remainder at some
future date and prior to the issuance of a permit or other grant of approval for the
development of a remainder. The improvements shall be at the subdivider's expense. In
the absence of such an agreement, the City may require fulfillment of the construction
requirements within a reasonable time following approval of the final map and prior to
the issuance of a permit or other grant of approval for the development of the remainder,
upon finding that fulfillment of the construction requirements is necessary for reasons of:
a) The public health and safety, or
b) The required construction is a necessary prerequisite to the orderly development of
the surrounding area.
D. Design
1. General. The design and layout of all required improvements, both on-site and offsite,
private and public, shall conform to generally accepted engineering standards, standard
engineering specifications, and Subdivision Map Act and applicable provisions of this
code.
2. Energy Conservation. The design of a subdivision for which a tentative map is required
shall provide, to the extent feasible, for future passive or natural heating or cooling
opportunities in the subdivision.
Ordinance No. 1430
Exhibit 1
Page 43
Examples of passive or natural heating opportunities in subdivision design include
design of lot size and configuration to permit orientation of a structure in an east-west
alignment for southern exposure and to permit orientation of a structure to take
advantage of shade or prevailing breezes.
In providing for future passive or natural heating or cooling opportunities in the
design of a subdivision, consideration shall be given to local climate, contour,
configuration of the parcel to be divided, and other design improvement requirements.
The provision shall not result in reducing allowable densities, or the percentage of a lot
which may be occupied by a building or structure under applicable planning and zoning
in force at the time the tentative map is filed.
The requirements of this subsection do not apply to condominium projects which
consist of the subdivision of airspace in an existing building and no new structures are
added.
For the purpose of this subsection, "feasible" means capable of being accomplished
in a successful manner within a reasonable period of time, taking into account economic,
environmental, social and technological factors.
3. Cable Television Service. The design of a subdivision for which a tentative map is
required shall provide one (1) or more City franchised cable television systems an
opportunity to construct, install and maintain, on land identified on the map as dedicated
or to be dedicated to public utility use, any equipment necessary to extend cable
television services to each parcel in the subdivision.
This subsection shall not apply to the conversion of existing dwelling units to
condominiums, community apartments, or stock cooperatives.
E. Access
All lots or parcels created shall have direct access to a public street improved to the
standards set forth in this article. Private streets shall not normally be permitted. However, if the
responsible decision maker determines that the most logical development of the land requires
that lots be created with access to private streets, such a development may be approved. The
subdivider shall submit a development plan showing the alignment, width, grade, and material
specifications of any proposed public or private street, the topography and means of access to
each lot, and the drainage, sewer and water service and fire protection for the lots served by
such private street(s). Private street(s) shall be constructed in accordance with standard
engineering specifications and any other applicable plans and specifications of the City as
approved by the Director of Community Development. Construction of private street(s) shall be
completed prior to the completion of the construction and/or occupancy of the lots. The
subdivider shall be required to provide a feasible method for the maintenance of such private
streets, which method shall be subject to the prior approval of the Director of Community
Development.
Reserved strips, or non-access at the end of streets or at the boundaries of subdivisions,
shall be dedicated unconditionally to the City when required by the City.
Ordinance No. 1430
Exhibit 1
Page 44
F. Improvement Plans
Improvement plans shall be prepared under the direction of and must be signed and sealed
by a registered civil engineer licensed by the State of California. Improvement plans shall
include, but shall not be limited to, all improvements required pursuant to Section 9332b.The
form of all plans shall conform to all requirements identified in the Subdivision Manual and as
may be established by the City Engineer. The final form of all plans shall be approved by the
City Engineer.
G. Improvement Security
1. Any improvement agreement, contract or act required or authorized by the Subdivision
Map Act or this chapter, for which security is required, shall be secured in accordance
with Section 66499 et seq. of the Subdivision Map Act and as provided below.
No final map shall be signed by the City Engineer or recorded until all improvement
securities required by this section have been received and approved.
2. The form of security shall be one (1) or the combination of the following at the option and
subject to the approval of the City Engineer:
a) Bond or bonds by one (1) or more duly authorized corporate sureties in the form
prescribed by the Subdivision Map Act.
b) A deposit, either with the City or a responsible escrow agent or trust company, at the
option of the City Engineer, of money or negotiable bonds of the kind approved for
securing deposits of public monies.
c) Any other form of security, at the option of the City Engineer, as provided in the
Subdivision Map Act.
3. Amount of Security. A performance bond or other security in the amount of one hundred
percent(100%) of the total estimated construction cost to guarantee the construction or
installation of all improvements shall be required of all subdivisions. An additional
amount of fifty percent (50%) of the estimated construction cost shall be required to
guarantee payment to subdivider's contractor, subcontractors, and to persons furnishing
labor, materials or equipment for the construction or installation of improvements. As a
part of the obligation guaranteed by the security and in addition to the full amount of the
security, there shall be included costs and reasonable expenses and fees, including
attorneys' fees, incurred by the City in enforcing the obligations secured. The surities on
the performance bond and payment bond shall not be the same.
The estimate of improvements costs shall be as approved by the City Engineer and
shall provide for:
a) Not less than five percent(5%) nor more than ten percent(10%) of the total
construction cost for contingencies.
Ordinance No. 1430
Exhibit 1
Page 45
b) Increase for projected inflation computed to the estimated midpoint of construction.
c) All utility installation costs or a certification acceptable to the City Engineer from the
utility company that adequate security has been deposited to ensure installation.
4. Warranty Security. Upon acceptance of the subdivision improvements by the City, the
subdivider shall provide security in the amount as required by the City Engineer to
guarantee the improvements against any defective work or labor done or defective
materials used in the performance of the improvements throughout the warranty period
which shall be the period of one (1) year following acceptance of the improvements. The
amount of the warranty security shall not be less than ten percent (10%) of the cost of
the construction of the improvements, including the cash bond which shall be retained
for the one (1) year warranty period.
5. Reduction in Performance Security. The City Engineer may authorize in writing the
release of a portion of the security in conjunction with the acceptance of the satisfactory
completion of a part of the improvements as the work progresses upon application by
the subdivider, but in no case shall the security be reduced to less than ten percent
(10%) of the total improvement security given for faithful performance. The amount of
reduction of the security shall be determined by the City Engineer; however, in no event
shall the City Engineer authorize a release of the improvement security which would
reduce security to an amount below that required to guarantee the completion of the
improvements and any other obligation imposed by the Subdivision Map Act, this code
or the improvement agreement.
6. Release of Improvement Security
a) The performance security shall be released only upon acceptance of the
improvements by the City Engineer and when an approved warranty security has
been filed with the City Engineer. If a warranty security is not submitted, performance
security shall be released twelve (12) months after acceptance of improvements and
correction of all warranty deficiencies.
b) Security given to secure payment to the contractor, subcontractors and to persons
furnishing labor, materials or equipment may, six (6) months after the completion and
acceptance of the improvements by the City Engineer, be reduced to an amount
equal to one hundred twenty-five percent (125%) of the amount of all claims
therefore filed with the City. The balance of the security shall be released upon the
settlement of all claims and obligations for which the security was given.
c) The warranty security shall be released upon satisfactory completion of the warranty
period, provided:
(1) All deficiencies appearing on the warranty deficiency list for the subdivision have
been corrected.
(2) Not less than twelve (12) months have elapsed since the acceptance of the
improvements by the City Engineer.
Ordinance No. 1430
Exhibit 1
Page 46
H. [Reserved]
I. Construction and Inspection
The construction methods and materials for all improvements shall conform to the standard
engineering specifications and all other standard plans and specifications of the City.
Construction shall not commence until all required improvement plans have been approved.
All improvements are subject to inspection in accordance with the City's approved
specifications.
J. Completion of Improvements
1. Subdivisions of Five or More Parcels. The improvements for subdivisions of five (5) or
more parcels shall be completed by the subdivider within twelve (12) months, or such
later time as approved by the City Engineer, not to exceed thirty-six (36) months, from
the recording of the final map, unless an extension is granted by the responsible
decision maker.
Should the subdivider fail to complete the improvements within the specified time,
the City may, by resolution of the responsible decision maker and at its option, cause
any or all uncompleted improvements to be completed and the parties executing the
security or securities shall be firmly bound for the payment of all necessary costs.
2. Subdivision of Four or Less Parcels. The completion of improvements for subdivisions of
four(4) or less parcels shall not be required until a permit or other grant of approval for
the development of any parcel within the subdivision is applied for. The completion of the
improvements may be required by a specified date by the City when the completion of
the improvements are found to be necessary for the public health or safety or for the
orderly development of the surrounding area. This finding shall be made by the City
Engineer or authorized representative. The specified date, when required, shall be
stated in the subdivision improvement agreement. Improvements shall be completed
prior to final building inspection or occupancy of any unit within the subdivision.
3. Extensions. The completion date may be extended by the responsible decision maker
upon written request by the subdivider and the submittal of adequate evidence to justify
the extension. The request shall be made not less than thirty (30) calendar days prior to
expiration of the subdivision improvement agreement.
The subdivider shall enter into a subdivision improvement agreement extension with
the City.
In consideration of a subdivision improvement agreement extension, the following
may be required:
a) Revision of improvement plans to provide for current design and construction
standards when required by the City Engineer;
Ordinance No. 1430
Exhibit 1
Page 47
b) Revised improvement construction estimates to reflect current improvement costs as
approved by the City Engineer;
c) Increase of improvement securities in accordance with revised construction
estimates;
d) Inspection fees may be increased to reflect current construction costs but shall not
be subject to any decrease or refund.
The responsible decision maker may impose additional requirements as
recommended by the City Engineer or as it may deem necessary as a condition to
approving any time extension for the completion of improvements.
The costs incurred by the City in processing the agreement shall be paid by the
subdivider at actual cost plus twenty-five percent(25%) of such cost for overhead
expenses.
4. As-Built Plans. Revisions for as-built drawings are to be made in the Engineering
Division offices. The subdivider or engineering representative may request duplicate
mylars for the subdivider's use.
K. Acceptance of Public Improvements
1. With respect to all subdivisions, when all improvement deficiencies have been corrected
and as-built improvement plans submitted, the completed subdivision public
improvements shall be considered by the City Engineer for acceptance. Acceptance of
the improvements shall imply only that the improvements have been completed
satisfactorily and that public improvements have been accepted for public use.
2. Acceptance. If the subdivision improvements have been accepted by the City Engineer
and public improvements have been dedicated on the final map, the City Clerk shall file
an acceptance of public improvements with the County Recorder.
3. Acceptance of a Portion of the Improvements. When requested by the subdivider in
writing, the City Engineer may consider acceptance of a portion of the improvements.
Such improvements will be accepted by the City Engineer only if the City Engineer finds
that it is in the public interest to do so and such improvements are for the use of the
general public.
Acceptance of a portion of the improvements shall not relieve the subdivider from
any other requirements imposed by this article.
9333 ENFORCEMENT
A. General
The provisions of this chapter shall be enforced by the Director in accordance with the
provisions of the Subdivision Map Act and the Subdivision Manual, as applicable.
Ordinance No. 1430
Exhibit 1
Page 48
B. Certificate of Compliance
1. Any person owning real property or a vendee of such person pursuant to a contract of
sale of such real property may request the Director to determine whether the real
property complies with the provisions of the Subdivision Map Act, the Subdivision Code,
and the Subdivision Manual.
2. If it is determined that the real property complies with the provisions of the Subdivision
Map Act and the Subdivision Code, the Director shall file a Certificate of Compliance
with the County Recorder. The Certificate of Compliance shall identify the real property
and shall state that the division thereof complies with the provisions of the Subdivision
Map Act, the Subdivision Code, and the Subdivision Manual.
3. If it is determined that the real property does not comply with the provisions of the
Subdivision Map Act, the Subdivision Code, or the Subdivision Manual, the Director
may, as a condition to granting a Certificate of Compliance, impose conditions to ensure
compliance. Upon the making such determination and establishing such conditions, the
Director shall file a Conditional Certificate of Compliance with the County Recorder.
Such certificate shall serve as notice to the property owner or vendee who has applied
for the certificate, a grantee of the property owner, or any subsequent transferee or
assignee of the property, that fulfillment and implementation of such conditions shall be
required prior to subsequent issuance of a permit or other grant of approval for
development of the property.
4. A recorded final map shall constitute a certificate of compliance with respect to the
parcels of real property described therein.
5. Subject to the provisions of Section 66499.35 (e)of the Subdivision Map Act, an official
map prepared pursuant to Section 66499.52(b) of the Subdivision Map Act shall
constitute a certificate of compliance with respect to the parcels of real property
described therein.
C. Indemnification/Action Against Map Approvals
In accordance with the provisions of Government Code Section 66474.9(b), the subdivider
shall defend, indemnify and hold harmless the City, its officers, employees and agents from any
claim, action, or proceeding to attack or set aside the map approval.
PART 4 DEFINITIONS
9341 DEFINITIONS.
Words and phrases used in this Chapter are as defined in the Subdivision Map Act and
Chapter 2 (Zoning) of Article 9 of this Code unless set forth below. If any word or phrase is not
defined, the dictionary definition shall prevail.
Ordinance No. 1430
Exhibit 1
Page 49
"Acreage" shall mean any parcel of land which is not a lot, as defined in this chapter, and
those areas where a legal subdivision has not been made previously, or where a legal
subdivision has declared such parcel as acreage.
"Advisory agency" shall mean a designated official or an official body charged with making
investigations and reports on the design and improvement of proposed divisions of real
property, the imposing of requirements or conditions thereon or having authority by the
Subdivision Code to approve, conditionally approve or disapprove subdivisions.
"Appeal board" shall mean a designated board or other official body charged with making
determinations upon appeals with respect to divisions of real property, the imposition of
requirements or conditions thereon, or the kinds, nature and extent of the design or
improvements, or both, recommended or decided by the advisory agency to be required.
"Amending Map" shall mean a map filed in accordance with the Subdivision Code to correct
or amend a recorded final map.
"Block" shall mean the area of land within a subdivision, which area is entirely bounded by
streets, highways or ways, except alleys, or the exterior boundary or boundaries of the
subdivision.
"Business and Professions Code" shall mean the Business and Professions Code of the
State of California.
"City Clerk" shall mean and refer to the City Clerk of the City of Tustin unless otherwise
specified.
"City Engineer" shall mean the City Engineer of the City of Tustin unless otherwise specified.
The City Engineer may delegate land surveying functions to a person authorized to practice
land surveying either with City staff or through a City-contract.
"Community apartment project" shall have the same meaning as provided in Section 1351 of
the Civil Code.
"Condominium" shall have the same meaning as provided in Section 1350 of the Civil Code.
"Council" shall mean and refer to the City Council of the City of Tustin as established by City
Ordinance.
"County" shall mean the County of Orange.
"County Recorder" shall mean the County Recorder of the County of Orange.
"County Surveyor" shall mean the County Surveyor of the County of Orange.
"Conversion" shall mean the creation of separate ownership of existing real property
together with a separate interest in the space within residential, industrial or commercial
buildings.
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"Day" shall mean a calendar day unless otherwise specified.
"Department" shall mean the Community Development Department of the City of Tustin
unless otherwise specified.
"Director" shall mean the Director of the Community Development Department unless
otherwise specified.
"Easement" shall mean a nonpossessory right, interest or privilege that the City, other
public entity or private party has in another's land.
"Environmental impact report (EIR)" shall mean a detailed statement prepared pursuant to
the provisions of the California Environmental Quality Act (CEQA), State Public Resources
Code Sections 21000 et seq., and State and City CEQA Guidelines promulgated pursuant
thereto, describing and analyzing the significant environmental effects of a project and
discussing ways to mitigate or avoid the effects.
"Environmental subdivision" shall have the same meaning as provided in Government
Code section 66418.2(a).
"Fair market value" shall mean the value of property as determined by the Advisory Agency
based upon appraisal by an MAI appraiser acceptable to the City and at the expense of the
subdivider. The determination of"Fair Market Value" shall consider the value of a buildable acre
of land at the time of development. All costs of appraisal shall be paid by the subdivider prior to
the recordation of any final map or the issuance of any building permit.
"Final map" shall mean a final tract or parcel map prepared in accordance with the
provisions of the Subdivision Map Act and this Chapter and designed to be filed for recordation
in the Office of the County Recorder.
"General plan" shall mean the General Plan of the City of Tustin.
"Government Code" shall mean the Government Code of the State of California.
"Improvement" shall mean streets, sidewalks, storm drainage facilities, water and sewer
facilities, utilities, landscaping to be installed, or agreed to be installed, by the subdivider on the
land to be used for public or private streets, highways, ways and easements, as are necessary
for the general use of the lot owners in the subdivision and local neighborhood traffic and
acceptance of the final map thereof.
"Improvement" shall also mean other specific improvements or types of improvements, the
installation of which, either by or by a combination of, the subdivider, public agencies, private
utilities, or any other entity approved by the City, is necessary to ensure consistency with, or
implementation of, the General Plan, or any applicable specific plan. Improvements shall be
constructed in accordance with standard engineering specifications, where applicable.
"Legislative body" shall mean and refer to the City Council of the City of Tustin.
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"Lot" shall mean a unit or portion of land separate from other units or portions by
description, as on a final map, or by such other map approved by the County or by the City
under the provisions of the Subdivision Map Act and the City ordinances in effect at the time of
such approval, for the purposes of sale, lease, or financing.
"Lot line adjustment" shall mean a modification of a lot boundary line or lines between two
or more existing adjacent lots or parcels where a greater number of parcels than originally
existed is not created.
"Merger" shall mean the joining of two (2) or more contiguous parcels of land under one (1)
ownership into one (1) parcel.
"Notice of Findings" shall mean a statement adopted by a School Board, and forwarded to
the Advisory Agency, declaring the existence of an impacted school or schools, in accordance
with the findings and other requirements of Section 65971 of the Government Code. The
declaration of impact may include the schedule required by Section 65976 of the Government
Code.
"Parcel" See "Lot".
"Parcel map" shall mean a map showing a subdivision of four(4) or less parcels as required
by the Subdivision Map Act and this Chapter, prepared in accordance with the provisions of the
Subdivision Map Act and this Chapter and designed to be filed for recordation in the Office of
the County Recorder.
"Park" shall mean a parcel, or contiguous parcels of land which is owned, operated, and
maintained by a public agency or private association and which provides recreational land and
facilities for the benefit and enjoyment of the residents and visitors of the City. The City of Tustin
designates parks within the Tustin General Plan and the Subdivision Manual.
"Person" shall mean any individual, firm, partnership, joint venture, association, club, social
club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, the
County, this and any other city or county, municipality, district, or other political subdivision, or
any other group or combination acting as a unit.
"Planning Commission" shall mean and refer to the Planning Commission of the City of
Tustin as established by City Ordinance.
"Remainder" shall mean that portion of an existing parcel which is not designated on the
required map as part of the subdivision. The remainder shall not be considered as part of the
subdivision but shall be shown on the required map as part of the area surrounding the
subdivision. A remainder of five (5) acres or more need not be shown on the map and its
location need not be indicated as a matter of survey, but only by deed reference to the existing
boundaries of the remainder.
"Right-of-way" shall mean a specifically defined area or strip of land, either public or private,
on which an irrevocable right of passage or use has been recorded.
"Standard engineering specifications" shall mean those standard subdivision public
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improvement plans and specifications as prepared and/or approved by the City Engineer and
those standard subdivision private improvement plans and specifications as prepared and/or
approved by the Director of Community Development.
"Stock cooperative" shall be defined as provided in Section 1351 of the Civil Code.
"Street--Private" shall mean any street, access way, or the like, lying in whole or in part
within a subdivision for which dedication and ownership is privately held and is utilized as
access to a development. Private streets shall be constructed in accordance with standard
engineering specifications.
"Street--Public" shall mean any duly dedicated street, avenue, or the like which the City
has accepted and regularly maintains, or which the County duly accepted and regularly
maintained prior to the incorporation of the City, or upon which public funds have been
expended for improvements or rights-of-way used by the public generally.
"Subdivider" shall be as defined in the Subdivision Map Act.
"Subdivision" shall be as defined in the Subdivision Map Act.
"Subdivision Map Act" shall mean the Subdivision Map Act of the State of California as
provided in Government Code Sections 66410 et seq., inclusive.
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