HomeMy WebLinkAboutORD 1177 (1997) 1
ORDINANCE NO. 1177
2
3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
4 OF TUSTIN, CALIFORNIA, APPROVING COMPREHENSIVE
AMENDMENTS 'TO ARTICLE 9, CHAPTER 3,
5 SUBDIVISIONS, OF THE TUSTIN CITY CODE
6
The City Council of the City of Tustin does hereby ordain
7 as follows:
8
Section 1 Findinqs.
9
The City Council finds and determines as follows:
10
11 A. That comprehensive amendments to Article 9,
Chapter 3, entitled Subdivisions, have been
12 prepared.
13
B. That a public hearing was duly noticed, called
14 and held on said application on November 12,
1996 and continued to November 25, 1996,
15 December 9, 1996 and January 13, 1997 by the
Planning Commission and December 2, 1996 and
16 continued to January 6, 1997, January 20,
1997, February 3, 1997 and February 18, 1997
17 by the City Council.
18
C. It has been determined that this project would
19 not have a significant effect on the
environment and a Negative Declaration has
20 been prepared.
21
D. Proposed amendments are regulatory in nature
22 and would provide local subdivision
regulations to implement the Tustin General
23 Plan, Zoning Code and Subdivision Map Act of
the State of California.
24
25 Section 2 Amendment to Tustin City 'Code.
26 The City Council hereby repeals Article '9, Chapter
3, Subdivisions, of the Tustin City Code in its
27 entirety and approves a new Article 9, Chapter 3,
Subdivisions, to read as follows:
28
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TABLE OF CONTENTS
3
ARTICLE 9
4 CHAPTER 3
SUBDIVISIONS
5
6 ~ART I PURPOSE, INTENT AND APPLICABILITY OF
SUBDIVISION CODE
7
9311 Purpose, Intent and Applicability of
8 Subdivision Code
9 A. Title
B. Purpose and Intent
10 C. Authority and Relationship to General
Plan
11 D. Applicability of Subdivision Code
E. Responsibility and Delegation of'
12 Authority
F. Modification of Local Requirements
13 G. Effective Date of Subdivision Code
H. Partial Invalidation of Subdivision Code
14
9312 Maps Required
15
A. Divisions of Land; Five (5) or More
16 Parcels
B. Divisions of Land; Four (4) or Less
17 Parcels
18 9313 Exemptions from Subdivision Requirements
19 A. Exemptions from the Subdivision Code
B. Exemptions from Tentative Tract Map
20 Requirements
C. Exemptions from Tentative Parcel Map
21 Requirements
22 9314 Waiver of'Subdivision Requirements
23 A. Waiver of Tentative Tract, Tentative
Parcel Map and Final Map Requirements
24 B. Waiver Findings
C. Certificate of Compliance Required
25
26 PART II SUBDIVISION PROCESSING
27 9321 Subdivision Authority and Application
Processing
28
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A. Introduction
3 B. Authority for Subdivision Decisions
C. Application Filing and Fees
4 D. Initial Application Review/Environmental
Assessment
5 E. Notice to Affected Agencies and Utilities
F. Public Hearings
6 G. Appeals
H. Time Extensions
7
9322 Lot Line Adjustments
8
A. Purpose
9 B. Applicability
C. Application Processing and Review
10 D. Findings and Decision
E. Post Approval Procedures
11
9323 Tentative Parcel and Tentative Tract Maps
12
A. Purpose
13 B. Applicability
C. Application Processing and Review
14 D. Findings and Decision
E. Conditions of Approval
15 F. Post Approval Procedures
16 9324 Vesting Tentative Parcel and Vesting Tentative
Tract Maps
17
A. Purpose
18 B. Applicability
C. Application Processing and Review
19 D. Findings and Decision
E. Conditions of Approval
20 F. Post Approval Procedures
21 9325 Final Maps
22 A Purpose
B Applicability
23 C Multiple Final Maps
D Application Processing and Review
24 E Findings and Decision
F Conditions of Approval
25 G Post Approval Procedures
26 9326 Reversion To Acreage
27 A. General
B. Initiation of Proceedings
28 C. Contents of Petition
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D. Submittal of Petition to the City
3 Engineer
E. Findings and Decision
4 F. Post Approval Procedures
5 9327 Parcel Mergers
6 A. Purpose
B. Applicability
7 C. Notice of Intention to Determine Status
D. Hearing on Determination of Status
8 E. Determination of Merger
F. Appeals
9 G. Determination When No Hearing is
Requested
10 H. Request to Merge by Property Owner
11 9328 Correction and Amendment of Maps
12 A. Requirements
B. Form and Contents
13 C. Submittal and Approval by City Engineer
D. Filing with the County Recorder
14
15 PART IiI DEDICATIONS, IMPROVEMENTS ANDENFORCEMENT
16 9331 Dedications, Reservations and Development Fees
17 A. Dedication of Streets, Alleys, Bicycle
Paths' and Other Public Rights-of-Way or
18 Easements
B. Waiver of Direct Access Rights
19 C. Dedications/Fee Title
D. Parkland Dedication
20 E. Reservations
F. Local Transit Facilities
21 G. Bridges and Major Thoroughfares
H. Supplemental Improvement Capacity
22 I. Drainage Fees [Reserved]
J. Solar Access Easements
23 K. Interim Classroom Facilities
L. Permanent Classroom Facilities
24 M. Reimbursement to a Telephone Corporation
or Cable Television System for
25 Undergrounding or Relocation
26 9332 Improvements
27 A. General
B. Required Improvements
28 C. Deferred Improvement Agreements
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D. Design
3 E. Access
F. Improvement Plans
4 G. Improvement and Subdivision Monument
Agreement
5 H. Improvement Security
I. Construction and Inspection
6 J. Completion of Improvements
K. Acceptance of Improvements
7
9333 Enforcement
8
A. Prohibition
9 B. Remedies
C. Certificate of Compliance
10 D. Notice of Violation
E. Appeal to City Council
11 F. Violation as a Misdemeanor
G. Indemnification/Action Against Map
12 Approvals
13
PART IV DEFINITIONS
14
9341 Definitions
15
16
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20
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ARTICLE 9
3 CHAPTER 3
SUBDIVISIONS
4
5 PART I
6 PURPOSE, INTENT AND APPLICABILITY OF SUBDIVISION CODE
7
9311 Purpose, Intent and Applicability of Subdivision
8 Code
9
A. Title
10
Article 9, Chapter 3, of the Tustin City Code is and may
11 be cited as the Subdivision Code of the City of Tustin,
hereafter referred to as "the Subdivision Code."
12
B. Purpose and Intent
13
The purpose of the Subdivision Code is to implement the
14 Subdivision Map Act of the State of California related to
the division of land within or partially within the City
15 of Tustin by establishing regulations concerning the
design, improvement, and survey.data of subdivisions, the
16 form and content of all required maps provided under the
Subdivision Map Act, and the procedure to be followed in
17 securing the official approval of the City regarding the
maps. To fulfill these purposes, the intent of the
18 Subdivision Code is to:
19 1. Promote orderly .growth 'and development to
preserve the public health, safety and general
20 welfare;
21 2. Promote open space, conservation~ prgtection,
and proper use of land; and,
22
3. Provide for adequate traffic circulation~
23 utilities, and other services in the City.
24 C. Authority and Relationship to General Plan
25 The Subdivision Code is enacted based upon authority
vested in the City of Tustin by the State of California,
26 including but not limited to: the State Constitution and
the Subdivision Map Act (Government Code Sections 66410
27 et seq.).
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The Subdivision Code is a tool used by the City of Tustin
3 to implement the goals, objectives and polices
established in the Tustin General Plan.
4
D. Applicability of SubdiVision Code
5
The Subdivision Code shall apply to all divisions of land
6 within or partially within the City of Tustin, except as
provided in 9313 (Exemptions from Subdivision
7 Requirements).
8 Every division of land proposed within or partially
within the City of Tustin shall be consistent with the
9 Tustin General Plan, any applicable Specific Plan,
Article 9, Chapter 2 (Zoning Code) and other applicable
10 provisions of the Tustin City Code.
11 The type and intensity of land use as shown on the
General Plan, any applicable Specific Plan, Article 9,
12 Chapter 2 (Zoning Code), or other applicable provisions
of the Tustin City Code shall determine, together with
13 the requirements of the Subdivision Map Act and the
Subdivision Code, the type of streets, roads, highways,
14 utilities,· and other public services that shall be
provided by the subdivider.
15
E. Responsibility an~ Delegation of Authority
16
The Subdivision Code shall be administered by the Tustin
17 City Attorney, City Council, City Engineer, Community
Development Director, Community Services Director and
18 Planning Commission as follows:
19 1. City Attorney. The City Attorney shall be
responsible for approving as to form all
20 subdivision improvement agreements and
security, all governing documents for a common
21 interest development, Covenants, Conditions
and Restrictions. The City Attorney shall
22 also have the authority to make legal
interpretations of the Subdivision Code.
23
2. City Council. The City Council shall be the
24 ILegislative Body as identified in the
Subdivision Map Act and shall have the
25 responsibility and authority to conduct public
hearings, and approve, impose conditions or
26 disapprove subdivisions in compliance with
9321.B (Authority for Subdivision Decisions).
27
3. City Engineer. The City Engineer shall be
28 responsible for:
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a) Determining if proposed subdivision
3 improvements comply with the Subdivision
Code;
4
b) Examining and certifying that final maps
5 are in substantial compliance with the
approved tentative maps;
6
c) Processing and approving subdivision
7 public improvement plans;
8 d) Establishing design and construction
standards for public improvements;
9
e) Preparing subdivision improvement
10 agreements;
11 f) Inspecting, approving and accepting
subdivision public improvements; and,
12
g) Processing of Lot Line Adjustments.
13
4. Community Development Director. The Community
14 Development Director shall be responsible for:
15 a) Processing of tentative tract and
tentative parcel maps, final maps,
16 reversion to acreage maps, certificates
of compliance, mergers, and amended maps;
17
b) Establishing design and construction
18 standards for private improvements;
19 c) Processing and approving subdivision
private improvement plans;
20
d) Processing and approving proposed street
21 names; and,
22 e) Inspecting, approving and accepting
subdivision private improvements.
23
5. Community Services Director. The Community
24 Services Director shall be responsible. for
determining if the proposed park land
25 dedications and/or recreation improvements
related to a subdivision comply with the
26 Subdivision Code.
27 6. Planning Commission. The Planning Commission
shall be the Advisory Agency as identified in
28 the Subdivision Map Act and shall have the
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responsibility to review and recommend to the
3 City Council actions, findings and conditions
pertinent to the application for a division of
4 land in compliance with 9321.B (Authority for
Subdivision Decisions).
5
F. Modification of Local Requirements
6
Whenever the land involved in any subdivision is of a
7 size or shape, subject to title limitations of record,
affected by topographical location or conditions, or to
8 be devoted to a use that is impossible or impracticable
in the particular case for the subdivider to conform
9 fully to the. local regulations contained in the
Subdivision Code, the Community Development Director may
10 approve modifications to the local provisions of the
Subdivision Code as are reasonably necessary or expedient
11 to ensure conformity with 'the Subdivision Map Act.
Except that the Director has no authority to waive
12 provisions of the Subdivision Map Act. To the extent
that provisions of the Subdivision Code conform, to the
13 Subdivision Map Act, they may not be waived.
14 G. Effective Date of Subdivision Code
15 The provisions of the Subdivision Code are applicable as
of the adoption of,the Code by Ordinance of the City
16 Council.
17 H. Partial Invalidation of Subdivision Code
18 If any Part, Section, Subsection, paragraph,.
subparagraph, sentence, clause, phrase or portion of the
19 Subdivision Code is held to be invalid, unconstitutional
or unenforceable by a court of competent jurisdiction,
20 these decisions shall not affect the validity of the
remaining portions of the Subdivision Code. The Tustin
21 City Council hereby declares that the Subdivision Code,
and each Part, Section, Subsection, paragraph,
22 subparagraph, sentence, clause, phrase and portion
thereof would have been adopted irrespective of the fact
23 that one or more portions of the Subdivision Code may be
declared invalid, unconstitutional or unenforceable.
24
25 9312 Maps Required-
26 A. Division of Land; Five (5) or More Parcels
27 A tentative and final tract map shall be required for all
divisions of land when determined by the Community
28 Development Department that such land may be divided into
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five (5) or more parcels, five (5) or more condominiums,
3 a community apartment project,containing five (5) or more
parcels, or for the conversion of a dwelling to a stock
4 cooperative containing five (5) or more dwelling units,
unless the subdivision .activity is listed in 9313
5 (Exemptions from Tentative Tract Map Requirements).
6 B. Divisions of Land; Four (4) or Less Parcels
7 A tentative and final parcel map shall be required for
all divisions of land when determined by the Community
8 Development Department that such land may be divided into
four (4) orless parcels, unless the subdivision activity
9 is listedin 9313.C (Exemptions from Tentative Parcel Map
Requirements). In the interest of ensuring compliance
10 with the'Tustin General Plan, Zoning Code, and any
applicable specific plan, the Director may require, at
11 the Director's discretion, a tentative tract map where a
tentative parcel map is required.
12
13 9313 Exemptions from Subdivision Requirements
14 A. Exemptions. from the SubdiviSion Code
15 The following activities shall be exempt from the
requirements of the Subdivision Code:
16
1. Those activities identified in Sections 66412
17 (except subsection (d) related to Lot Line
Adjustments), 66412.1, 66412.2 or 66426.5 of
18 the Subdivision Map Act; and,
19 2. The subdivision of four (4) parcels or less
for construction of removable commercial
20 buildings having a floor area of less than one
hundred (100) square feet.
21
B. Exemptions from Tentative Tract Map Requirements
22
A tentative tract map and final tract map shall not be
23 required under any of the following circumstances:
24 1. The land before division contains less than
five-(5) acres, each parcel .created by the
25 division abuts upon a maintained public street
or highway and no dedications or improvements
26 are required by the City;
27 2. Each parcel created by the division has a
gross area of twenty '(20) acres or more and
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has an approVed access to a maintained public
3 street or highway;
4 3. The land consists of a parcel or parcels of
land having approved access to a public street
5 or highway which comprises part of a tract of
land zoned for industrial or commercial
6 development, and which has the approval of the
City as to street alignments and widths-;
7
4. Each parcel created by the division has a
8 gross area of not less than forty (40) acres
or is not less than a quarter (1/4) of a
9 quarter (1/4) section; or
10 .5. The land is subdivided, prior to January 1,
2003, solely for the creation of an
11 environmental subdivision pursuant to Section
66418.2 of the Subdivision Map Act.
12
A tentative parcel map and final parcel map shall be
13 required unless waived by the Director in compliance with
9314 (Waiver of Subdivision Requirements).
14
C. Exemption from Tentative Parcel Map Requirements
15
The following activities shall be exempt from the
16 requirements of a tentative parcel and final parcel map:
17 1. Subdivisions of a portion of the operating
right-of-way of a railroad corporation,
18 defined by Section 230 of the State Public
Utilities Code, which are created by short-
19 term leases (terminable by either party on not
more than thirty (30) days notice in writing).
20
2. Land conveyed to or from a governmental
21 agency, public entity or public utility, or
for land conveyed to a subsidiary of a public
22 utility for conveyance to such public utility
for rights-of-way, unless a finding is made by
23 the Director in individual cases, upon
substantial evidence, that public policy
24 necessitates a parcel map. For purposes of
this Subsection, land conveyed to or from a
25 governmental agency shall include a fee
interest, an easement or a license.
26
27
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9314 Waiver of Subdivision Requirements
3
A. Waiver of Tentative Tract, Tentative Parcel Map and
4 Final Map Requirements
5 The requirements for a tentative tract'map, tentative
parcel map or final map may be waived, in whole or part,
6 at the discretion of the Director and after consultation
with the City Engineer, for the following activities:
7
1. Division of real property orinterests therein
8 created by probate, eminent domain procedures,
partition, or other civil judgments or
9 decrees.
10 2. Divisions of real property resulting from the
conveyance of land or any interest therein to
11 or from the City, public entity or public
utility for a public purpose, such as school
12 sites, public building sites, or rights-of-way
or easements for streets, sewers, utilities,
13 drainage, etc.
14 3. The unmerger~ in accordance with the
Subdivision Map Act and the Subdivision Code,
15 of real property which has been merged
pursuant to the Subdivision Code, the
16 Subdivision Map Act or any prior ordinance of
the City.
17
B. Waiver Findings
18
The requirements for a tentative tract map, tentative'
19 parcel map or final map shall not be waived, in whole or
part, unless the Director makes a finding that the
20 proposed division of land complies with requirements as
to area, improvement and design; flood water drainage
21 control, appropriate improved public ..roads, sanitary
disposal facilities, water supply availability,
22 environmental protection, and other requirements of the
Subdivision Map Act, the Subdivision Code and the Tustin
23 General Plan, any applicable Specific Plan, Article 9,
Chapter 2 (Zoning Code) and other applicable provisions
24 of the Tustin City Code.
25 C. Certificate of Compliance Required
26 The Director shall file with the County Recorder a
Certificate of Compliance for the land to be divided, in
27 compliance with 9333.C, (Certificate of Compliance), and
a plat map showing the division. The Certificate of
28 Compliance shall include a documentation by the County
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Tax Collector in compliance with 9325.B.4 (Tax
3 Certificate).
4 Conditions may be imposed to provide for, among other
things, payment by the subdivider of parkland dedication,
5 drainage, and other fees that are permitted under the
Subdivision Code, the subdivision map Act, or other
6 relevant law.
7 The decision of the Director shall be considered final
unless an appeal is filed in compliance with 9321.G
8 (Appeals). The decision of the Directorl or any
condition of approval, is appealable to the Commission.
9 The decision of the Commission, or any condition of
approval, is appealable to the Council.
10
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PART II
3
SUBDIVISION PROCESSING
4
5 9321 Subdivision Authority and Initial Application Filing
6 A. Introduction
7 This Part provides procedures and requirements for the
preparation, filing and processing of applications for
8 divisions of land required by the Subdivision Code.
9 B. Authority for Subdivision Decisions
10 Table 2-1 (Review AuthOrity) identifies the City official or
body responsible for reviewing and making decisions on each
11 type of application for divisions of land required by the
Subdivision Code.
12
13
14 Table 2-1
Review Authority
15
Type of division Decision Appeal
16 Body Body
17 Certificate of Compliance Director Commission*
Final Maps Council -
18 Lot Line Adjustments Council -
Parcel Mergers Commission Council
19 Reversion to Acreage Council -
Tentative Maps, including Council** -
20 Vesting '
21 * The Commission's decision may be appealed to the
Council.
22 ** - The Planning Commission shall make recommendations to
the City Council.
23
24 In the case of concurrent review of other Land Use Approvals
required by Article 9, Chapter 2 (Zoning), final determination
25 shall be made at the highest level of review authority.
26 C. Application Filing and Fees
27 1. Application Contents. Applications for divisions
of land shall be filed with the Department. The
28
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Department will consider an application complete
3 when:
4 a) All necessary forms, materials and exhibits as
identified in the City's Subdivision Manual
5 have been provided and accepted as adequate;
and,
6
b) All necessary application fees and/or deposits.
7 have been accepted.
8 The tentative tract map, tentative parcel map,
final map and other drawings which are to be
9 ultimately recorded shall be prepared by a
registered civil engineer or licenses land
10 surveyor. The maps and exhibits shall be clearly
drawn and contain the necessary information as
11 determined by the Department. The Department may
also require additional materials, exhibits, data
12 or information determined necessary to accomplish
the purposes of the Subdivision Map Act and/or the
13 Subdivision Code.
14 2. Eligibility for Filing. Applications may be made
by the owner of the subject property or by any
15 other person, with the written consent of the
property owner.
16
D. Initial Application Review/Environmental Assessment
17
All applications filed with the Department in compliance with
18 the Subdivision Code shall be initially processed as follows:
19 1. Review for Completeness. The Department shall
review all applications for accuracy before they
20 are accepted as being complete.
21 a) Notification of Applicant. The applicant
shall be informed, as required by the
22 Government Code, either that the application
is complete and has been accepted for
23 processing, or that the. application is
incomplete and that additional information,
24 specified in the letter, must be provided.
25 b) Environmental Information. The Department may
require the applicant to submit such
26 additional information as may be deemed
reasonably necessary for environmental review
27 of the project in compliance with 9321.D.3
(Environmental Assessment).
28
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c) Expiration of Application. If a pending
3 application is not capable of being deemed
complete within six months after the first
4 filing with the Department, the application
shall be deemed withdrawn unless an extension
5 is granted by the Director. A new
application, including fees, plans, exhibits
6 and other materials, will be required to
commence processing of any subdivision on the
7 same property. ~
8 2. Referral of Application. At the discretion'of the
Director, or where otherwise required by the
9 Subdivision Map Act, any application filed may be
· referred to any public agency that may be affected
10 or have an interest in the proposed subdivision.
11 3. Environmental Assessment. All subdivision
applications shall be reviewed as required by the
12 California Environmental Quality Act (CEQA) to
determine whether the proposed subdivision is
13 exempt from the requirements or is not a project as
defined by CEQA, whether a Negative Declaration may
14 be issued, or whether an Environmental Impact
Report shall be required. These determinations
15 and, where required, the preparation of
environmentaldocuments shall be in compliance with
16 CEQA and other guidelines established by the
Department.
17
E. Notice to Affected Agencies and Utilities
18
'Within five (5) days of determining a tentative parcel or
19 tentative tract map application complete, the Department
shall:
20
1. Send notice and a copy of the tentative parcel or
21 tentative tract map to affected public agencies and
utilities which may, in turn, forward to the
22 Department their findings and recommendations. The
agency or utility may send a written report to the
23 Planning Commission. The report shall indicate the
impact of the proposed subdivision on the agency or
24 utility and shall 'make recommendations as deemed
appropriate. If a written report is made by an
25 agency or utility, such report may be returned to
the City within fifteen (15) days of receipt of the
26 proposed tentative map. In the event that an
agency or utility fails to respond within the
27 fifteen (15) day period, such failure to respond
shall be deemed approval of the proposed
28 subdivision by the agency or utility; and
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2. Send a notice and a copy of the tentative parcel or
3 tentative tract map application by Certified Mail
to the governing board of the affected public
4 School District(s). The notice shall contain
information about the location of the proposed
5 subdivision, the number of units, density, and any
other information which would be relevant to the
6 affected School District(s). The' governing
board(s) of the affected School District(s) may
7 review the notice and may send a written report to
the Planning Commission. The report shall indicate
8 the impact of the proposed subdivision on the
affected public School District(s) and may make
9 such recommendations as the governing board of the
affected public School Districts deem appropriate.
10 If a written report is made by the governing board,
such report shall be returned to the City within
11 fifteen (15) days of receipt of the proposed
tentative map. In the event that the District
12 fails to respond within the fifteen (15) day
period, such failure to respond shall be deemed
13 approval of the proposed subdivision by the
affected public School Districts.
14
The Planning Commission shall consider any reports from
15 affected agencies, utilities or School Districts in approving,
conditionally approving, or denying the tentative map
16 application.
17 F. Public Hearings
18 When a subdivision application requires a public hearing, the
public shall be provided with notice of the hearing(s) in
19 compliance with State law (Government Code Sections 6.5090 and
65091). Additional noticing time as specified may be required
20 to comply with noticing requirements of the California
Environmental Quality Act. In the event of a conflict between
21 required noticing times, the longer time shall be given.
22 A proposed conversion of residential real property to a
condominium, community apartment, or stock cooperative project
23 shall be noticed in accordance with Sections 66452.8 through
66452.10 of the Subdivision Map Act.
24
Notice shall also be given by mail or personal delivery to any
25 person who has filed a written request with the City. A
request may be submitted at any time during the calendar year
26 and shall apply for the balance of the calendar year.
27 The Department may give such other notice that it deems
necessary or advisable. Substantial compliance with these
28 provisions for notice shall be sufficient, and a technical
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failure to comply shall not affect the validity of any action
3 taken according to the procedures in the Subdivision Code.
4 G. Appeals
5 The subdivider, or any other interested party, may appeal any
action of the Decision Body to the Appeal Body as identified
6 in 9321.B (Authority for Subdivision Decisions). Appeals
shall be submitted in writing and filed with the Department.
'7 The appeal shall specifically state the.pertinent facts of the
case and the basis for the appeal. Appeals shall be filed
8 with the Department within ten (10) calendar days of the
Decision body's action. Appeals shall be accompanied by the
9 filing fee set by Resolution of the Council.
10 The appeal shall be scheduled for consideration by the
appropriate Appeal Body identified in 9321.B (Authority for
11 Subdivision DeciSions) within thirty (30) days of receipt of
an appeal, with the same noticing as required by Section
12 9321.F (Public Hearings).
13 At the hearing, the appeal body shall conduct a de novo
review, may consider any issue involving the matter that is
14 the subject of the appeal, and shall not be limited to a
consideration of the specific grounds listed in the appeal.
15
1. The appeal body may, affirm, affirm in part, or
16' reverse the action or determination of the decision
making body that is the subject of the appeal.
17
2. When reviewing an appeal, the appeal body may adopt
18 additional conditions of approval that may address
other issues or concerns than the subject of the
19 appeal.
20 3. If new or different evidence is presented on
appeal, the appeal body may, but shall not be
21 required to, refer the matter to the decision
making body for further consideration.
22 ;
Any action taken by the appeal body shall be supported by
23 appropriate findings~
24 H. Expirations/Time Extensions
25 1.. Expirations The approval of a tentative parcel or
tentative tract map shall expire twenty-four (24)
26 months from the date of its approval. However,
where the subdivider is. required to expend an
27 amount as prescribed in Section 66452.6 of the
Subdivision Map Act to construct, improve or
28 finance the construction'or improvement of public
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improvements outside the boundaries of the
3 tentative map, excluding improvements of public
rights-of-way which abut the property being
4 subdivided, or if the tentative map is on property
subject to a development agreement authorized by
5 Section 65864 et seq. of the Government Code, then
the expiration of the tentative tract or parcel map
6 shall be governed by Section 66452.6 of the
Subdivision Map Act.
7
2. Time Extensions
8
a. Request by Subdivider. The subdivider may
9 request an extension of the expiration date of
the approved tentative parcel or tentative
10 tract map by filing a written request with the
Department and paying applicable fees as
11 established by Council resolution. The
application shall be filed not less than
12 .thirty (30) days before the map is scheduled
to expire and shall state the reason(s) for
13 request. The filing of such application
automatically extends the map for 60 days or
14 until the extension is acted on, whichever
occurs first. The decision making body shall
15 determine whether the subdivider has made a
good faith effort to establish the
16 subdivision. The burden of proof is on the
subdivider to establish, with substantial
17 evidence, why the tentative tract or tentative
parcel map should be extended. If the
18 decision making body determines that the
permittee has proceeded in good faith and has
19 exercised due diligence in seeking to
establish the subdivision, the time extension
20 shall be granted. The decision making body
may, if appropriate findings are made, impose
21 new conditions and may require that the
applicant pay any new or increased development
22 fees which have been imposed since.the date of
the original approval of the tentative parcel
23 or tentative tract map.
24 b. Hearinq on Time Extension. If the matter
originally required a noticed public hearing,
25 the decision making body shall hold a public
hearing on the proposed time extension and
26 give notice in compliance with 9321 F. (Public
Hearings).
27
c. Time Limit of Extensions. The time for which
28 a tentative parcel or tentative tract map may
Ordinance 1177
Page 20
1
2
be extended by discretionary approval of the
3 decision making body shall not exceed a total
of five (5) years beyond the original
4 expiration date.
5 d. Appeals. The subdivider, or any other
interested party, may appeal any action of the
6 decision making body with respect to the time
extension, or any new condition or development
7 fee imposed, to'the appeal body in compliance
with 9321.G (Appeals).
8
9 9322 Lot Line Adjustments
10 A. Purpose
11 The purpose of this Section is to provide for the submittal
and processing of Lot Line Adjustments for the modification of
12 existing property lines between two or more existing
properties in compliance with the Subdivision Code.
13
.B. Applicability
14
An application for a Lot Line Adjustment shall be filed with
15 the Department in compliance with 9321.C (Application Filing
and Fees). The Lot Line Adjustment shall be prepared in a
16 manner acceptable to the City Engineer and shall be prepared
by a registered civil engineer or licensed land surveyor. The
17 Lot Line Adjustment shall be clearly and legibly drawn and
shall contain the information identified in the. City's
18 Subdivision Manual, unless waived by the City Engineer. The
City Engineer may also require additional materials exhibits,
19 data, or information as deemed necessary to accomplish the
purposes'of the Subdivision Map Act and the Subdivision Code.
20 Lot Line Adjustment applications shall be determined to be
complete by the Engineering Division only when:
21
1. All necessary application forms, materials, and
22 exhibits as established by the Public Works
Department/Engineering Division are accepted as
23 adequate;
24 2. A legal description of the parcels with proposed
adjustments, signed by a California Registered
25 Civic Engineer or Licensed Land Surveyor is
accepted as adequate;
26
3. Traverse with closures for proposed adjustments are
27 accepted as adequate;
28
Ordinance 1177
Page 21
1
2
4. A Preliminary Title Report showing the legal owners
3 and any encumbrances and easements is accepted as
adequate. Said title report shall be updated every
4 six (6) months from the date of the original
submittal until final action is ~aken on the
5 application;
6 5. A site plan of the parcels showing all existing and
proposed structures and site improvements with the
7 adjustments to ensure compliance with applicable
zoning and building codes is accepted as adequate;
8 and
9 6. All fees and/or deposits have been submitted and
accepted.
10
Lot Line Adjustments may be considered by the Council in
11 compliance with 9321.B (Authority for Subdivision Decisions),
without a public hearing.
12
An application for approval of a Lot Line Adjustment in
13 compliance with this Part shall be submitted prior to or
concurrently with all applications for .other necessary
14 discretionary approvals for the development.
15 Any request which would create a greater or fewer number of
properties shall require the filing of a tentative parcel or
16 tentative tract map in compliance with 9323 (Tentative Parcel
and Tentative Tract Maps), or as may otherwise be provided by
17 the Subdivision Code.
18 C. Application Processing and Review
19 Each application shall be analyzed by the Department to ensure
that the application is consistent with the purpose and intent
20 of this Section.
21 Upon determination of a complete Lot Line Adjustment
application, the Public Works Department/Engineering Division
22 shall forward the matter to the Council. The Council shall
take action to approve, approve with conditions, or deny the
23 Lot Line Adjustment. Any action taken by the Council, and any
conditions imposed, shall ensure compliance with applicable
24 zoning and building codes.
25 D. Findings and Decision
26 The Council shall record its decision in writing with the
findings upon which the decision is based. The Council may
27 approve an application' for a .Lot Line Adjustment, with or
without conditions, if the following findings are made:
28
Ordinance 1177
Page 22
1
2
1. A greater or fewer number of properties would not
3 be created with the approval of the Lot Line
Adjustment;
4
2. The proposed adjustments to the existing properties
5 result in compliance with applicable zoning and
building codes; and,
6
3. The proposed adjustments are in compliance with the
7 City's Subdivision Code and the Subdivision Map
Act.
8
E. Post Approval Procedures
9
1. Appeals. The decision of the Council is final.
10
2. Expiration/Extensions. Upon approval, and
11 satisfaction of any conditions imposed, the Public
Works/Engineering Division shall transmit the
12 approved Lot Line Adjustment to the County
Recorder's Office. A Lot Line Adjustment shall be
13 recorded within two years from the date of approval
or other time frame that may be established with
14 the Lot Line Adjustment approval. Time extensions
may be granted in compliance with 9321.H (Time
15 Extensions). If a Lot Line Adjustment is not
exercised within the established time frame, and a
16 time extension is not granted, the Lot Line
Adjustment shall be deemed to have expired.
17
18 9323 Tentative Parcel and Tentative Tract Maps
19 A. Purpose
20 The purpose of this section is to provide for the submittal
and processing of tentative parcel and tentative tract maps
21 for the subdivision of land in compliance with the Subdivision
Code.
22
B. Applicability
23
An application for a tentative parcel.or tentative tract map
24 shall be filed with the Department in.compliance with 9321.C
(Application Filing and Fees). In addition, the tentative
25 parcel or tentative tract map shall be prepared in a manner
acceptable to the Community Development Department and shall
26 be prepared by a registered civil engineer or licensed land
surveyor. The tentative parcel map or tentative tract map
27 shall be clearly and legibly drawn and shall contain the
information identified in the City's Subdivision Manual,
28 unless waived by the Director or City Engineer. The
Ordinancell77
Page 23
1
2
Department may also require additional materials, exhibits,
3 data or information as deemed necessary to accomplish the
purposes of the Subdivision Map Act and the Subdivision Code.
4 Tentative parcel and tentative tract map applications shall be
determined to be complete by the Department only when:
5
1. All necessary application forms, materials and
6 exhibits as established .by the Department are
accepted as adequate;
7
2. A preliminary soils, geology and seismicity report
8 prepared in accordance with the Uniform Building
Code and City's Grading Manual is accepted as
9 adequate;
10 3. A preliminary title report showing the legal owners
and any encumbrances and easements is accepted as
11 adequate by the City Engineer. Said Title Report
shall be updated every 6 months from the date of
12 the original submittal until final action is taken
on the application;
13
4. All necessary determinations and documents to
14 comply with the California Environmental Quality
Act have been certified or adopted; and,
15
5. All fees and/or deposits have been submitted and
16 accepted.
17
Tentative parcel and tentative tract shall be considered by
18 the Commission and Council in compliance with 9321.B
(Authority for Subdivision Decisions), with a noticed public
19 hearing.
20 An apptication for approval of a tentative parcel or tentative
tract map in compliance with the Subdivision Code shall be
21 submitted prior to or concurrently with all applications for
other necessary discretionary City approvals for the
22 development.
23 C. Application Processing
24 Each application shall be analyzed by the Department to ensure
that the proposed subdivision is consistent with the
25 requirements of the Subdivision Map Act, Subdivision Code,
Tustin General Plan, any applicable Specific Plan, Article 9,
26 Chapter 2 (Zoning Code) and other applicable provisions of the
Tustin City Code and state law.
27
An application for a tentative parcel or tentative tract map.
28 will be scheduled for a public hearing before the Commission
.Ordinance 1177
Page 24
1
2
when the Department has determined the application complete.
3 Noticing of the public hearing will be given in compliance
with 9321.F (Public Hearings).
4
The Commission shall recommend to the Council, after a public
5 hearing, actions, findings, and conditions related to the
tentative parcel or tentative tract map within the time frames
6 established by the Subdivision Map Act or other relevant law.
All applicable time frames for the Commission to recommend on
7 the tentative parcel or tentative tract map application
specified by. the Subdivision Map Act, or other relevant law,
8 may be extended by mutual consent of the subdivider and the
Commission.
9
After a recommendation has been made by the Commission, the
10 tentative parcel or tentative tract map application will be
scheduled for a public hearing before the City Council.
11 Noticing of the public hearing will be given in compliance
with 9321.F (Public Hearings).
The Council shall take action, after a public hearing, to
13 approve, approve with conditions or deny the tentative parcel
or tentative tract map within the time frames established by
14 the Subdivision Map Act or other relevant law. All applicable
time frames for the Council to act on the tentative parcel or
15 tentative tract map application specified by the SubdivisiOn
Map Act, or other relevant law, may be extended by mutual
16 consent of the subdivider and the Council.
17 D. Findings and Decision
18 The Council shall record its decision in writing with the
findings upon which the decision is based. The Council may
19 approve an application for a tentative parcel or tentative
tract map, with or without conditions, supported by the
20 findings required by the Subdivision Map Act and by the
findings required by the California Environmental Quality Act.
21
E. Conditions of Approval
22
In approving a tentative parcel or tentative tract map, the
23 decision making body may impose conditions deemed necessary to
ensure that the approval will be in compliance with the
24 findings required by 9323.D (Findings and Decision).
25 The decision making body may require, as a condition of its
approval, that the payment by the subdivider of all
26 development fees required to be paid be made at the rate for
such fees in effect at the time of permit issuance.
27
28
Ordinance 1i77
Page 25
2
F. posts Approval Procedures
3
1. Appeals. The decision of the Council is final.
4
2. Time Extensions. Time extensions may be granted in
5 compliance with 9321.H (Time Extensions). If a
tentative parcel or tentative tract map is not
6 recorded within the established time frame, and a
time extension is not granted, the tentative parcel
7 or tentative tract map shall be deemed to have
expired.
8
9 9324 Vesting Tentative'Parcel and Vesting Tentative Tract Maps
10 A. Purpose
11 The purpose of this section is to provide for the submittal
and processing of vesting 'tentative parcel and vesting
12 tentative tract maps for the subdivision of land in compliance
with the Subdivision Code.
13
B. Applicability
14
Whenever a provision of the Subdivision Map Act or the
15 Subdivision Code requires or authorizes the filing of a
tentative parcel or tentative tract map, a vesting tentative
16 parcel or vesting tentative tract map may be filed instead.
The filing of~a vesting tentative parcel or vesting tentative
17 tract map, as opposed to a tentative tract map or parcel map,
shall not be a prerequisite to any approval for any proposed
18 subdivision, permit for construction, or work preparatory to
construction.
19
An application for a vesting tentative parcel or vesting
20 tentative tract map shall be filed with the Department in
compliance with 9321.C (Application Filing and Fees). The
21 vesting tentative parcel or vesting tentative tract map shall
be prepared in a manner acceptable to the Department and shall
22 be prepared by a registered civil engineer or licensed land
surveyor. The vesting tentative parcel map or vesting
23 tentative tract map shall be clearly and legibly drawn and
shall contain the information identified in the City's
24 Subdivision Manual, unless waived by the Director. The
Department may also require additional materials, exhibits,
25 data or information as deemed necessary to accomplish the
purposes of the Subdivision Map Act and the Subdivision Code.
26 Vesting tentative parcel and vesting tentative tract map
applications shall be determined to be complete by the
27 Department only when:
28
Ordinance 1177
Page 26-
2
1. All necessary application forms, materials and
3 exhibits as established by the Department are
accepted as adequate;
4
2. A preliminary soils, geology and seismicity report
5 prepared in accordance with the Uniform Building
Code and City's Grading Manual is accepted as
6 adequate;
7 3. A preliminary title report showing the legal owners
and any encumbrances and easements is accepted as
8 adequate by the City Engineer. Said Title Report
shall be updated every 6 months from the date of
9 the original submittal until final action on the
application is taken;
10
4. All necessary determinations and documents to
11 comply wi.th the California Environmental Quality
Act have been certified or adopted; and,
12
5. AI1 fees and/or deposits have been submitted and
13 accepted.
14 Vesting tentative parcel and vesting- tentative tract maps
shall be considered by the Commission and Council in
15 compliance with 9321.B (Authority for Subdivision Decisions),
with a noticed public hearing.
16
An application for approval of a vesting tentative parcel or
17 vesting tentative tract map in compliance with the Subdivision
Code shall be submitted concurrently with all applications for
18 other necessary discretionary City approvals for the
development.
19
C. Application Processing
20
Each application shall be analyzed by the Department to ensure
21 that the proposed subdivision is consistent with the
requirements of the Subdivision Map Act, Subdivision Code,
22 Tustin General Plan, any applicable Specific Plan, Article 9,
Chapter 2 (Zoning Code) and other applicable provisions of the
23 Tustin City Code and state law.
24 An application for a vesting tentative parcel or vesting
tentative tract map will be processed in compliance with 9323
25 (Tentative Parcel and Tentative Tract Maps).
26 D. Findings and Decision
27 The decision making body shall record its decision in writing
with the findings upon which the decision is based. The
28 Council may approve an application for a vesting tentative
Ordinance i177
Page 27
1
2
parcel or vesting tentative tract map, with or without
3 conditions, supported by the findings required by the
Subdivision Map Act and by the findings required by the
4 California Environmental Quality Act.
5 E. Conditions of Approval
6 In approving a vesting tentative parcel or vesting tentative
tract map, the Council may impose conditions. deemed necessary
7 to ensure that the approval will be in compliance with the
findings required by 9324.D-(Findings and Decision).
8
The Council may require, as a condition of its approval, that
9 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
10 time of permit issuance.
11 F. Post Approval Procedures
12 1. Appeals. The decision of the Council is final.
13 2. Time Extensions. Time extensions may be granted in
compliance with 9321.H (Time Extensions). If a
14 vesting tentative parcel or vesting tentative tract
map is not recorded within the established time
15 frame, and a time extension is not granted, the
vesting tentative parcel or vesting tentative tract
16 map shall be deemed to have expired.
17 G. Rights of a Vesting Tentative Map
18 1. The approval of a vesting parcel map or vesting
tentative map shall confer a vested right to
19 proceed with development in substantial compliance
with the ordinances, policies, and standards as
20 described in Section 66474.2 of the Subdivision'Map
Act. However, if Section 66474.2 is repealed, the
21 approval of a vesting. tentativeparcel or vesting
tentative map shall confer a vested right to
22 proceed with development in substantial compliance
with the ordinances, policies, and standards in
23 effect at the time the vesting tentative parcel or
vesting tentative tract map is approved or
24 conditionally approved.
25 2. A permit, approval, extension, or entitlement
sought after approval of a vesting tentative tract
26 map or vesting tentative parcel map may be
conditioned or denied if any of the following are
27 determined:
28
Ordinance 1177
Page 28
1
2
a. A failure to do so would place the 'residents
3 of the subdivision or the immediate community,
or both, in a condition dangerous to their
4 health or safety, or both; or
5 I~ b. The condition or denial is required to comply
with state or federal law.
6
3. The rights referred to herein shall expire if a
7 final map is not approved prior to the expiration
of the vesting tentative parcel or tentative tract
8 map. If the final map is approved, these rights
shall last for the following periods of time:
9
a. An initial time period of one (1) year beyond
10 the recording of the final parcel map or final
tract map. Where several final maps are
11 recorded on various phases of a project
covered by a single vesting tentative parcel
12 or vesting tentative tract map, this one (1)
year initial time period shall begin for each
13 phase when the final map for that phase is
recorded. All of said final parcel maps or
14 final tract maps must be recorded within the
time period set forth in Section 9321.H (Time
15 Extensions) or the vesting tentative parcel
map or vesting tentative tract map approval
16 shall expire for those parcels for which final
parcel maps or final tract maps are not timely
17 recorded.
18 b. The one (1) year initial time period shall be
automatically extended by any time used for
19 processing a complete application for a
grading permit, if the time used by the City
20 to process the application exceeds 30 days
from the.date that a complete application is
21 filed.
22 c. If the subdivider submits a complete
application for abuilding permit prior to the
23 expiration of the vesting tentative tract map
or vesting tentative parcel map, the.rights
24 referred to herein shall continue until the
expiration of that permit, or any extension of
25 that permit.
26 4. An approved vesting tentative parcel or vesting
tentative map shall not limit the City from
27 imposing reasonable conditions on subsequent
required approvals or permits necessary for the
28
Ordinance 1177
Page 29
1
2
development in accordance with subdivision (G)(2)
3 of this Section.
4
9325 Final Maps
5
A. Purpose
6
The purpose of this Section is to provide for the submittal
7 and processing of Final Parcel and Final Tract Maps in
compliance with the Subdivision Map Act and the Subdivision
8 Code.
9 B. Applicability and Exceptions
10 An application for a Final Parcel or Final Tract Map may be
filed with the Department in compliance with 9321.C
11 (Application Filing and Fees). The final parcel or final
tract map shall be prepared in a manner acceptable to the City
12 Engineer and shall be prepared by a registered civil engineer
or licensed surveyor. The final map shall be legibly drawn,
13 printed, or reproduced by a process guaranteeing a permanent
record in black on polyester base film and shall contain the
14 information identified in the City's Subdivision Manual,
unless waived by the City Engineer. In addition to the normal
15 full size.plan submittal, the approved version of all Final
Maps' shall be submitted to the Public Works
16 Department/Engineering Division in Computer Aided Design and
Drafting (CADD) format consistent with CADD conventions and
17 guidelines established by the Engineering Division. The City
Engineer may also require additional materials, exhibits, data
18 or information as deemed necessary to accomplish the purpose
of the Subdivision Map Act and the Subdivision Code.
19
In addition, final parcel or final tract maps shall be
20 accompanied by the following data and reports. The City
Engineer or City Attorney mayI also require additional
21 materials, exhibits, data, or information as deemed necessary
to accomplish the purposes of the Subdivision Map Act and the
22 Subdivision Code. Final Map applications shall be determined
to be complete by the Public Works Department only when the
23 following actions have been completed:
24 1. Application Forms. .All necessary application
forms, materials and exhibits identified in the
251 City's Subdivision Manual as established by the
Public Works Department/Engineering Division are
26 accepted as adequate;
27 2. Improvement Plans - Improvement plans as required
by 9332 (Improvements) and by conditions of the
28
Ordinance 1177
Page 30
1
2
tentative parcel or tentative tract map are
3 accepted as adequate;
4 3. Title Report - A title report showing the legal
owners and any encumbrances and easements accepted
5 as adequate by the City Engineer. Said Title
Report shall be updated every 6 months from the
6 date of the original submittal until final action
on the application ms take;
7
4. Tax Certificate - A certificate from the County Tax
8 Collector stating that all taxes due have been paid
or that a tax bond or other adequate form of
9 security assuring payments of all taxes which are a
lien but not yet payable has been filed with the
10 County;
11 5. Deeds for Easements or Rights-of-Way - Deeds for
off-site easements or rights-of-way required for
12 road or drainage purposes which have not been
dedicated on the final rights of entry or permanent
13 easements across private property outside of the
subdivision permitting or granting access to
14 perform necessary construction work and permitting
the maintenance of the facility have been accepted
15 as adequate;
16 6. Traverse Closures - Traverse closures for the
boundary blocks, lots, easements, street
17 centerlines and monument lines have been accepted
as adequate;
18
7. Governing Documents - For a common interest
19 development within the meaning of Sections 1350 et
seq. of the State Civil Code, Conditions and
20 Restrictions containing the provisions described in
Section 1353 of the Civil Code, and all other
21 governing documents for the subdivision as are
appropriate pursuant to Section 1363 of the Civil
22 Code have been provided. All subdivisions other
than a common interest development shall include
23 any Declaration of Covenants, Conditions and
Restrictions proposed in connection therewith. All
24 documents shall be subject to review and approval
by the Director of Community Development and City
25 Attorney;
26 '8. Guarantee of Title - A guarantee of title, in a
form acceptable to the City Attorney, has been
27 issued by a competent title company to and for the
benefit and protection of the City, which shall be
28 maintained complete up to the instant of recording
Ordinance 1177
Page 31
1
2
of the final map, guaranteeing that the names of
3 all persons whose consent is necessary to pass a
clear title to the land being subdivided, and all
4 public easements being offered for dedications, and
all acknowledgements thereto, appear on the proper
5 certificates and are correctly shown on the map,
both as to consents as to the making thereof and
6 affidavits of dedication where necessary;
7 9. Improvement Agreement - In the event sewer, water,
drainage, grading, paving, or other required
8 improvements have not been completed prior to the
presentation of the final map, an agreement has
9 been filed for the improvement thereof and accepted
as adequate;
10
10. Liability Agreement and Insurance - A hold-harmless
11 agreement obligating the subdivider to hold the
City and its officers, agents and employees
12 harmless from any liability for damages or claims
for damages for personal injury or death to any
13 person, and for injury to property which arise from
the operations of the subdivider and/or the
14 subdivider's subcontractors in connection with the
subdivision has been filed and accepted by the
15 City. A certificate of insurance' reporting to the
City the amount of insurance the subdivider carries
16 for the subdivider's own liability for damages or
claims for damages for personal injury or death
17 any person, and for injury to property which .arise
from the operations of the 'subdivider or
18 subcontractors in connection with the subdivision
naming the City as an additional insured has been
19 filed and accepted by the City. The agreement and
certificate required by this Subsection shall be
20 subject to prior review and approval by the City
Engineer and City Attorney;
21
11. Fees and Deposits. All fees and/or deposits have
22 been submitted and accepted; and
23 12. Corrections. Any and all corrections and/or
additions to the final map have been made and are
24 acceptable to the City Engineer.
25 C. Multiple Final Maps
26 Multiple final maps relating to an approved or conditionally
approved tentative parcel or tentative tract map may be filed
27 prior to the expiration of the tentative map if the
subdivider, at the time the tentative map application is
28 filed, notifies the Director of Community Development in
Ordinance 1177
Page 32
1
2
writing of the subdivider's intention to file multiple final
3 maps on the tentative map. In providing the notice, the
subdivider shall not be required to define the number or
4 configuration of the proposed multiple maps. If the
subdivider did not provide written notice of its intent to
5 file multiple final maps at the time the tentative map
application was filed, multiple final maps may only be filed
6 with the concurrence of the Director. The right of the
subdivider to file multiple final maps shall. not limit the
7 City's authority to impose reasonable conditions relating to
the filingjof multiple maps.
8
Each final map which constitutes a part, or unit, of the
9 approved or conditionally approved tentative map shall have a
separate subdivision number. The subdivision improvement
10 agreement executed by the subdivider shall provide for the
construction of improvements as required to constitute a
11 logical and orderly development of the whole subdivision.
12 D. Application Processing and Review
13 Each application shall be analyzed by the Department to ensure
that the application is consistent with the purpose and intent
14 of the Subdivision Map Act and the Subdivision Code.
15 Upon determination of a complete final parcel or tract map,
the Community Development Department shall forward the matter
16 to the Council. The Council shall take action to approve,
approve with conditions or deny the final parcel or tract map
17 within the time frames established by the Subdivision Map Act.
18 E. Findings and Decision
19 The Council shall record its decision in writing with the
findings upon which the decision is based. The Council shall
20 approve the final map if the City has previously approVed a
tentative parcel or tentative tract map for the proposed
21 subdivision and if the Council finds that the final map is in
substantial compliance with the requirements of the
22 Subdivision Map Act, the Subdivision Code, the tentative
parcel or tentative tract map and all conditions thereof.
23
F. Conditions of Approval
24
If the Council approves the final map, it shall also accept,
25 accept subject to improvement, or reject any offer of
dedication. The City Clerk shall certify on the final map the
26 action by the Council. If at the time the final map is
approved, any streets, paths, alleys, public utility
27 easements, rights-of-way for local transit facilities, or
storm drainage easements are not accepted by the Council, the
28 offer of dedication shall remain open and the Council may, by
Ordinance 1177
Page 33
1
2
resolution adopted at any later date, and without further
3 action by the subdivider, rescind its action and accept and
open the streets, paths, alleys, rights-of-way for local
4 transit facilities, or storm drainage easements, which
acceptance shall be recorded in the office of the County
5 Recorder.
6 The City may accept any dedications lying outside the
subdivision boundary which requires a separate. grant deed.
7 The acceptance shall be recorded in the office of the County
Recorder.
8
G. Post Approval Procedures
9
1. City Engineer Signature. The subdivider shall
10 submit to the City Engineer the original tracing of
the map and any duplicates per County requirements,
11 corrected to its final form and signed by all
parties required to execute the certificates on the
12 map. Original signatures shall appear on the
original drawing and on the blueline duplicate.
13 Upon receipt of all required certificates and
submittals, the City Engineer shall sign the
14 appropriate certificates and transmit the original
map to the City Clerk.
15
2. Filing with the County Recorder. Upon approval of
16 the final map by the Council, and signature by the
City Engineer, the City Clerk shall execute the
17 appropriate certificate on the certificate sheet
and shall, subject to the provisions of Section
18 66464 of the Subdivision Map Act, transmit the map,
or have an authorized agent forward the map, to the
19 County Recorder.
20 3. Survey Required. An accurate and complete survey
of the land to be subdivided shall be made by a
21 registered civil engineer authorized to practice
land surveying or licensed land surveyor. All
22 monuments, property lines, centerlines o'f streets,
alleys and easements adjoining or within the
23 subdivision shall be tied into the survey. The
allowable error of closure on any portion of the
24 final map shall not' exceed 1/10,000 for field
closures and 1/20,000 for calculated closures.
25
At the time of making the survey for the final map,
26 the engineer or surveyor shall set sufficient
durable monuments to conform with the standards
27 described in Section 8771 of the Business and
Professions Code so that another engineer or
28 surveyor may readily retrace the survey. At least
Ordinance 1177
Page 34
1
2
one (1) exterior boundary line shall be monumented
3 prior to recording the final map. Other monuments
shall be set prior to recording as required by the
4 Director of Public Works.
5
9326 Reversion to Acreage
6
A. Purpose
7
The purpose of this section is to provide for the submittal
8 and processing of subdivided property reverted to acreage
pursuant to the provisions of Section 66499.11 et seq. of the
9 Subdivision Map Act and the Subdivision Code. This section
shall apply to final parcel and final tract maps.
10
Subdivisions may also be merged and resubdivided without
11 reverting to acreage pursuant to Section 66499.20-1/2 of-the
Subdivision Map Act and the Subdivision Code.
12
B. Initiation of Proceedings.
13
1. Proceedings to revert subdivided property to
14 acreage may be initiated by petition of all of the
owners of record of the property. The petition
15 shall be in a form prescribed by the City Engineer.
The petition shall contain the information required
16 by the City's Subdivision Manual and any other
information deemed necessary by the City Engineer
17 to initiate and conduct the proceedings.
18 2. The City Council, at the request of any person or
on its own motion may, by resolution, initiate
19 proceedings to revert property to acreage. The
City Council may direct the City Engineer to obtain
20 the necessary information to initiate and conduct
the proceedings. Reversions to acreage may be
21 considered by the Council in compliance with 9321.B
(Authority for Subdivision Decisions) with a
22 noticed public hearing.
23 C. Contents of Petition
24 In addition to other information required by the City, a
petition shall contain, or be accompanied by, but not be
25 limited to, the following:
26 1. Evidence of title to the real property;
27 2. At least one of the following:
28
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2
a. Evidence of the consent of all of the owners
3 of an interest in the property;
4 b. Evidence that none of the improvements
required to be made have been made within two
5 (2) years from the date the final or parcel
map was filed for record, or within the time
6 allowed by agreement for completion of the
improvements, whichever is later; or
7
c. Evidence that no lots shown on the final or
8 parcel map have been sold within five (5)
years from the date~such final or parcel map
9 was filed for record;
10 3. A final parcel or final tract map. in the form, and
with the contents, in compliance with 9325 (Final
11 Maps) and which delineates dedications which will
not be vacated and dedications required as a
12 condition to reversion. Final parcel or final
tract maps shall be conspicuously designated with
13 the title, "The Purpose of this Map is a Reversion
to Acreage."; and,
14
4. Fees and/or deposits in accordance with adopted fee
15 schedules.
16 D. Submittal of Petition to the City Engineer
17 An application for a reversion to acreage shall be scheduled
for a public hearing before the Council after the City
18 Engineer has determined the application complete. Noticing of
the public hearing will be given in compliance with 9321.F
19 (Public Hearings).
20 E. Findings and Decision
21 The Council shall record its decision in writing with the
findings upon which the decision is based. The Council may
22 approve the reversion to acreage, with or without conditions,
supported by the findings required by Section 66499.16 of the
23 Subdivision Map Act. The Council shall require as conditions
of the reversion:
24
1. Dedication or Offers of Dedication for streets,
25 public rights-of-way or easements necessary to
accomplish the purposes of the Subdivision Code;
26
2. The retention of all or a portion of previously
27 paid subdivision fees, deposits or improvement
securities if the same are necessary to accomplish
28
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1
2
any of the purposes or provisions of the
3 Subdivision Map Act or the Subdivision Code; and,
4 3. Such other conditions as are necessary to
accomplish the purposes or provisions of the
5 Subdivision Map Act or the Subdivision Code or
necessary to protect the public health, safety or
6 welfare.
7 F. Post Approval Procedures
8 1. City Engineer Signature. The subdivider shall
submit to the City Engineer the original tracing of
9 the map and any duplicates per County requirements,'
corrected to its final form and signed by all
10 parties required to execute the certificates on the
map. Original signatures shall appear on the
11 original drawing and on the blueline duplicate.
Upon receipt of all required certificates and
12 submittals, the City Engineer shall sign the
appropriate certificates and transmit the original
13 map to the City Clerk.
14 When reversion becomes effective, all fees and
deposits not retained per Section 9326.E (Findings
15 and Decision) must be returned.
16 2. Filing with the County Recorder. Upon approval of
the final map by the Council, and signature by the
17 City Engineer, the City Clerk shall execute the
appropriate certificate on the certificate sheet
18 and shall, subject to the provisions of Section
66464 of the Subdivision Map Act, transmit the map,
19 or have an authorized agent forward the map, to the
County Recorder.
20
21 9327 Parcel Mergers
22 A. Purpose
23 The purpose of this section is to provide for the submittal
and processing of parcels to be merged in accordance with the
24 Subdivision Map Act and the Subdivision Code.
25 B. Applicability
26 Except as provided in Section 66451.11 (A) - (E) of the
Subdivision Map Act, two or more contiguous parcels or units
27 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
28
Ordinance 1177
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1
2
parcel or lot size required by the City's Zoning Code, and if
3 all of the following requirements are satisfied:
4 1. At least one of the affected parcels or units of
land is undeveloped with any structure for which a
5 building permit was issued or for which a building
permit was! not required at the time of
6 construction, or is developed only with an
accessory structure or accessory structures, or is
7 developed with a single structure other than an
accessory structure which is also partially sited
8 on a contiguous parcel or unit of land.
9 2. With respect to any affected parcel or unit of
land, one (1) or'more of the following conditions
10 exists:
11 a. The parcel comprises less than five thousand
(5,000) square feet in area at the time of the
12 determination of merger;
13 b. The parcel was not created in compliance with
applicable laws and ordinances in effect at
14 the time of its creation;
15 c. The parcel does not meet current standards for
sewage disposal and domestic water supply;
16
d. The parcel does not meet slope stability
17 standards;
18 e. The parcel has no legal access which is
adequate for vehicular and safety equipment
19 access and maneuverability;
20 f. The parcel's development would create health
or safety hazards; or,
21
g. The parcel is inconsistent with the General
22 Plan and any applicable specific plan, other
than minimum lot size or density standards.
23
3. The owner of the affected parcels has been notified
24 of the merger proposal pursuant to Section 66451.13
of the Subdivision Map Act, and is afforded the
25 opportunity for a hearing pursuant to Section
66451.14 of the Subdivision Map Act. For purposes
26 of determining whether contiguous parcels are held
by the same owner, ownership shall be determined as
27 of the date that the notice of intention to
determine status is recorded in compliance with
28 9327.B (Notice of Intention to Determine Status).
Ordinance 1177
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2
Subsection 2 shall not apply if any of the conditions stated
3 in Section 66451.11(b)(A), (B), (C) or (D) of the Subdivision
Map Act exist.
C. Notice of Intention to Determine Status
5
Prior to recording a notice of'merger, a notice of intention
6 to' determine status shall be prepared by the Director and
delivered to the current owner of record by certified mail.
7 The notice shall state that the affected parcels or units of
land may be merged pursuant to the Subdivision Code and that,
8 within thirty (30) days from the date. the notice of intention
was recorded, the owner may request a hearing before the
9 Planning Commission to present evidence that the property does
not meet the criteria for merger. The Notice of Intention to
10 Determine Status shall be filed with the County Recorder by
the Director on the same day that the notice is mailed.to the
11 property owner.
12 D., Hearing on Determination of Status
13 The owner of the affected property may file a written request
for consideration by the Planning Commission within thirty
14 (30) days after recording of the notice of intention to
determine status. Upon receipt of the request, the Department
15 shall set a time, date and place for consideration by the
Planning Commission and notify the owner of such hearing by
16 certified mail. The Planning Commission shall consider the
matter within sixty (60) days following the receipt of the
17 owner's request, or may be postponed or continued by mutual
consent of the Director and the property owner.
18
The Planning Commission shal.1 provide the property owner with
19 an opportunity to present any evidence that the affected
property does not meet the requirements for merger specified
20 in the Subdivision Code.
21 After consideration of the evidence presented', the Planning
Commission shall determine whether the affected parcels are to
22 be merged or are not to be merged and shall notify the owner
of the determination. The determination of the Planning
23 Commission shall bemailed to the property owner within five
(5) days of the date of the Commission's action.
24
E. Determination of Merger
25
If the Planning Commission makes a determination that the
26 parcels are to be merged, a notice of merger shall be filed
with the County Recorder by the Director within thirty (30)
27 days of the conclusion of the Commission's action, unless the
decision has been appealed in compliance with 9327.F (Appeal).
28 The notice of merger shall specify the name of the record
Ordinance 1177
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2
owner and a description of the property. The notice of merger
3 under the Subdivision Code shall be in a form approved by the
Director prior to being filed for record with the County
4 Recorder.
5 If the Planning Commission makes a determination that the
parcels shall not be merged, a release of the notice of
6 intention to determine status shall be filed with the County
Recorder by the Director within thirty (30) days after the
7 Commission's determination, and a clearance letter shall be
delivered to the owner by certified mail.
8
F. Appeal
9
The decision of the Commission shall be considered final
10 unless an~appeal is filed in compliance with 9321.G (Appeals).
The decision of the Commission, or any condition of approval,
11 is appealable to the Council.
12 G. Determination When No Hearing is Requested
13 If the owner does not file a request for a hearing within
thirty (30) days after the recording of the notice of
14 intention Ito determine status, the Director may, at any time
thereafter, make a determination that the parcels are or are
15 not to be merged. If they are to be merged, a notice of
merger shall be filed with the County Recorder by the Director
16 within ninety (90) days after the mailing of the notice of
intention to determine status in compliance with 9327.C
17 (Notice of Intention to Determine Status).
18 H. Request to Merge by Property Owner
19 If the merger of contiguous parcels or .units of land is
initiated by the record owner, the owner may waive in writing
20 the right for consideration by the Planning Commission and to
all notices required by the Subdivision Code. Upon receipt of
21 such waiver, the Director shall simultaneously file with the
County Recorder a notice of intention to determine status, the
22 waiver of right of hearing and notice, and a notice of merger.
23
9328 Correction and Amendment of Maps
24
A. Tentative Parcel or Tentative Tract Maps
25
Prior to final tract or final parcel map approval, minor
26 amendments to the approved tentative parcel or tentative tract
map, including vesting tentative maps, or conditions of
27 approval may be approved by the Director upon filing of an
application and paying applicable fees, as established by
28
Ordinance 1177
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2
Council resolution, by the subdivider or on the Department's
3 own initiative, provided that:
4 1. No lots, units, or building sites or structures are
added;
5
2. The changes are consistent with the intent and
6 spirit of the original tentative map approval; and,
7 3. There are no resulting violations of the Tustin
General Plan, Zoning Code, any applicable Specific
8 Plan, the Subdivision Code,. or the Subdivision Map
Act. ~
9
The amendment shall be indicated on the approved tentative
10 parcel or tentative tract map and certified by the Director..
Amendments to the tentative parcel or tentative tract map, or
11 conditions of approval which, in the opinion of'the Director,
are not minor, shall be presented to the original decision
12 body for consideration. Processing of amendments shall be
same as originally processed for the applicable subdivision
13 type. Any approved amendment shall not alter the expiration
date of the tentative parcel or tract map.
14
B. Final Maps
15
1. After a final tract or parcel map is filed in the
16 office of the County Recorder, it may be amended by
a certificate of correction or an amending map for
17 the purposes specified-in Section 66469 of the
Subdivision Map Act.
18
2. In addition to the provisions of Subsection (1)
19 above, a final tract or parcel map may be amended
by a certificate of correction if there are changes
20 which make any of the conditions of the map no
longer appropriate or necessary and that the
21 modifications do not impose any additional burden
on the present fee owner of the property, and if
22 the modifications do not alter any right, title or
interest in the real property reflected on the
23 recorded map, and that the map as modified conforms
to the provisions of Section 66474 of the
24 Subdivision Map Act.
25 The amending map or certificate or correction shall
be prepared ,by a registered civil engineer or
26 licensed land surveyor. The form and contents of
the amending map shall conform to the requirements
27 of City's Subdivision Manual. The certificate of
correction shall set forth in detail the
28 corrections made and show the names of the present
Ordinance 1177
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1
2
fee owners of the property affected by the
3 correction.
4 3. Modifications made pursuant to this Subsection
shall be set for public hearing before the Council
5 consistent with the noticing provisions of 9321 F
(Public Hearings). The hearing by the Council
6 shall be confined to consideration of, and action
on, the proposed modification.
7
4. The amending map or certificate of correction
8 certified by the City Engineer shall be filed in
the office of the County Recorder. Upon such
9 filing, the County Recorder shall index the names
of the fee owners and the appropriate subdivision
10 designation shown on the amending map or
certificate of correction in the general index and
11 map index, respectively. Thereafter, the original
map shall be deemed to have been conclusively so
12 corrected, and thereafter shall impart constructive
notice of all such corrections in the same manner
13 as though set forth upon the original map.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Ordinance 1177
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1
2
PART III
3
DEDICATIONS, IMPROVEMENTS AND ENFORCEMENT
5 9331 Dedications, Reservations and Development Fees
6 A. Dedication of Streets, Alleys, Bicycle Paths and Other
Public Rights-of-Way or Easements.
7
To be consistent with the Circulation Element of the General
8 Plan and to the extent permitted by Law, the subdivider may be
required, as a condition of approval of a tentative map, to
9 dedicate or make an irrevocable offer of dedication of land
within the subdivision needed for streets and alleys
10 (including access rights), drainage, public greenways, parks,
bicycle paths, trails, scenic easements, public utility
11 easements, local transit facilities as provided in Section
66475.2 of the Subdivision Map Act, and other public
12 easements. In addition, the Subdivider may also be required
to improve or agree to improve all streets and alleys,
13 including access rights, drainage, public greenways, bicycle
paths, trails, public utility easements, and other public
14 easements.
15 Improvements shall be made in accordance with 9332
(Improvements).
16
B. Waiver of Direct Access Rights.
17
The City may require as a condition of approval of a tentative
18 map that dedications or offers of dedication of streets
include a waiver of direct access rights to any such street
19 from any property within or abutting the subdivision.
20 Upon acceptance of the dedication, such waiver shall become
effective in accordance with its provisions.
21
C. Dedications/Fee Title.
22
All dedications of property to the City for public purposes
23 shall be made in fee title, except that, in the City's
discretion, a grant of an easement may be accepted for the
24 following purposes: open space easements, scenic easements or
public utility easements. All dedications in fee and grants
25 of easements shall be free of liens and encumbrances except
for those which the City, in its discretion, determines would
26 not conflict with the intended ownership and use. The City
may elect to accept an irrevocable offer of dedication in lieu
27 of dedication of fee title.
28
Ordinance 1177
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1
2
D. Parkland Dedication.
3
To implement the Conservation/Open Space/Recreation Element of
4 the General Plan which contains policies and standards for
parks and recreational facilities, the subdivider shall
5 dedicate land or paya fee in lieu thereof, or a combination
of both, at the option of the City (except as otherwise
6 provided in Government Co'de Section 66477(g), for the purpose
of developing new or rehabilitating existing neighborhood or
7 community parks and recreational facilities to serve the
subdivision, and in accordance with the standards and formula
8 contained in this Section.
9
1. General Provisions
10
(a) Applicability. The provisions of this Section
11 shall be applicable to the division of real
property defined as a "subdivision" by Section
12 66424 of the Subdivision Map Act.
13 (b) Exceptions. Park land dedications or fees in
lieu thereof shall not be required for the
14 following:
15 i. Industrial subdivisions.
16 ii. Commercial subdivisions.
17 iii. Condominium projects or stock
cooperatives in an existing apartment
18 building which is more than five (5)
years old and no new dwelling units are
19 added.
20 iv. Subdivisions containing less than five
(5) parcels and not used for residential
21 purposes.
22 (c). Waiver. Parkland dedication fees may be
waived by the City Council in its discretion
23 upon the submission and approval of agreements
for specific projects designed and guaranteed
24 for low income, senior and handicapped citizen
occupants.
25
2. Standards and formula for land dedication:
26
(a) The public interest, convenience, health, welfare,
27 and safety require that three (3) acres of usable
park land per one thousand (1,000) potential
28
Ordinance 1177
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1
2
population be devoted to local park and
3 recreational purposes.
(b) When the requirements of this section are complied
5 with solely on the basis of the dedication of park
land, the minimum amount of land to be provided
6 shall be computed by multiplying the number of
proposed dwelling units by the parkland acres per
7 dwelling unit in accordance with the appropriate
density classification in the following table:
8
9
Dwelling Units Average Persons Parkland Acres
10 Per Gross Acre Per Dwelling Unit Per Dwelling Unit
1i 0 7 3.25 .0098
7.1 - 15 2.73 .0082
12 15.1 - 25 2.15 .0065
Mobilehome Parks 2.15 .0065
13
source: Tustin General Plan Land Use Element
14
15
These density ranges, average persons per dwelling
16 unit and/or parkland acreage per dwelling unit
shall be used to achieve a parkland dedication rate
17 of three (3) acres of parkland per 1,000 persons
unless alternate density ranges, average persons
18 per dwelling unit and/or parkland acreage per
dwelling unit are established in an adopted
19 Specific Plan adopted in compliance with Government
· Code Section 65450 et. seq., Disposition and
20 Development Agreement in compliance with California
Community Redevelopment Law, or other agreement.
21
22 3. Fees in lieu of dedication.
23 When there is no public park or recreational facility
required within the proposed subdivision, thesubdivision
24 is less than fifty (50) parcels, or the project is a
conversion of an existing apartment complex to multiple-
25 owner occupancy not exempted herein, the subdivider shall
pay a park fee, on a per unit basis, reflecting the value
26 of land required for park purposes. The+value of the
amount of such fee shall be! based upon the fair market
27 value of the amount of land which would otherwise be
required for dedication. The fair market value shall be
28
Ordinance 1177
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1
2
determined by a Master Appraisal Institute (MIA)
3 appraiser acceptable to the City and 'at the expense of
the developer; and the determination shall consider the
4 value of a buildable' acre of land at the time the final
map is to be recorded, as if otherwise the land would be
5 fully developed to the residential density shown on the
tentative tract map for which the fees are required. If
6 more than one (1) year elapses between the appraisal and
recording of the final map, the City will require that a
7 new appraisal be prepared at the expense of the
developer. For purposes of this Section, the
8 determination of the fair market value of a buildable
acre shall consider, but not necessarily be limited to,
9 the approval of and conditions of the tentative
subdivision map, the General Plan, zoning, property
10 location, off-street improvements facilitating use of the
property, and site characteristics of the property.
11
If a subdivider objects to the fair market value as
12 determined by the MAI appraiser, an appeal may be made to
the Planning Commission. The subdivider shall have the
13 burden of proof in contesting~the appraised value.
14 Nothing in this Section shall prohibit the dedication and
acceptance of land for park and recreation'purposes in
15 subdivisions of fifty (50) parcels or less, where the
subdivider proposes such dedication voluntarily and the
16 dedication and land is acceptable to the Planning
Commission.
17
For subdivisions in excess of fifty (50) parcels, the
18 Planning Commission may elect to receive a fee in lieu of
land dedication. The value of the amount of such fee
19 shall be based upon the fair market value of the amount
of land which would otherwise be required for dedication
20 as determined above.
21 Notwithstanding the foregoing, dedication of land may be
required by the City for a condominium, stock
22 cooperative, or community apartment project which exceeds
50 dwelling units, regardless of the number of parcels.
23
4. Combination of dedication and fees.
24
Whenever the requirements of this Section are complied
25 with by both the provision of parkland and the payment of
a park fee, the amount of the park fee shall be computed
26 by determining the required amount of parkland in
accordance with the provision of Subsection (b) and
27 subtracting the amount of parkland actually provided.
The remainder shall be converted to "fee" on a per unit
28
Ordinance 1177
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1
2
basis in accordance with the provisions of Subsection
3 (c).
4 5. Credit for private open space.
5 Where private open spaces for park and recreational
purposes is provided in a proposed subdivision and such
6 space is to be privately owned and maintained by the
future residents of the subdivision, such areas may be
7 credited against the requirement for dedication of
parkland, as provided for in Subsection (D.2), provided
8 the Planning Commission finds it is in the public
interest to do so, and that all of the following
9 standards are met:
10 (a) That yards, court areas, setbacks and other open
areas required to be maintained by the zoning and
11 building regulations shall not be included in the
computation of such private open space;
12
(b) That the private ownership and maintenance of the
13 open space is adequately provided.for by written
agreement;
14
(c) That the use of the private open space is
15 restricted for park and recreational purposes by
recorded covenants which run with the land in favor
16 of the future owners of' property within the tract
and which cannot be defeated or eliminated without
17 the consent of the Planning Commission. or City
Council;
18
(d) That the proposed private open space is reasonably
19 .adaptable for use for park and recreational
purposes, taking into consideration such factors
20 as size, shape, topography, geology, access,
including provisions for bicyclists, and location
21 of the private open space land;
22 (e) The facilities proposed for the open space are in
substantial accordance with the provision of the
23 Recreational. Element of the General Plan, and are
approved by the Planning Commission or City
24 Council;
25 (f) That the open space for which one hundred (100)
percent credit is given is a minimum .of one (1)
26 acre and provides at least one of the park basic
elements listed below, or a combination of such and
27 other recreation improvements that will meet the
specific recreation needs of future residents of
28 the area:
Ordinance 1177
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1
2
i. "Recreational open spaces" which are generally
3 defined as park areas for active recreation
pursuits such as soccer, baseball, softball,
4 and football, and have at least one (1) acre
of maintained turf with less than five (5)
5 percent slope.
6 ii. "Court areas" which are generally defined as
tennis courts, badminton courts, shuffleboard
7 courts, or similar hard-surfaced areas
especially designed and exclusively used for
8 court games.
9 iii. "Recreational swimming areas" which are
defined generally as fenced areas devoted
10 primarily to swimming, diving, or both. They
must also include decks, lawned area,
11 bathhouses, or other facilities developed and
used exclusively for swimming and diving and
12 consisting of no less than fifteen (15) square
feet of water surface area for each three (3)
13 percent of the population of the subdivision
with a minimum of eight hundred (800) square
14 feet of water surface area per pool, together
with an adjacent deck and/or lawn area twice
15 that of the pool.
16 iv. "Recreation buildings and facilities" which
means facilities designed and primarily used
17 for the recreational needs of residents of the
development. Partial credit may be awarded
18 for sites which do not incorporate the
required basic elements or are less than one
19 (1) acre when' deemed beneficial to the
community by the Planning Commission.
20
Because private common areas meet only a portion of
21 residen~ needs, the computed credit value shall not
exceed twenty-five (25) percent of the otherwise required
22 public land dedication or in lieu fees.
23 The determination of the Planning Commission as to
whether credit shall be given and the amount of credit
24 shall be final and conclusive, unless appealed to the
City Council as provided in Section 9321.G (Appeals).
25
6. Credit for public park and recreational facility
26 improvements.
27 (a) A subdivider may elect to provide improvements to
land dedicated for public park or recreational use
28 when a combination of fees and dedications are
Ordinance 1177
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1
2
required. The Planning Commission may credit the
3 value of the improvements together with any
equipment located thereon against the payment of
4 fees or dedication of land required herein.
5 (b) Credit shall not be allowed for single-purpose
commercial recreation facilities whether dedicated
6 to the public or in private ownership.
7 7. Choice of land dedication, improvement, fees, or
combination.
8
(a) Procedure. The procedure for determining whether
9 the subdivider is to dedicate, improve, pay a fee,
or combination of methods shall be as follows:
10
i. At the time of filing a tentative tract map
11 for approval, the subdivider of the property
shall, as a part of such filing, indicate
12 whether the subdivider desires to dedicate
property for park and recreational purposes,
13 improve the parkland, pay a fee in lieu
thereof, or a combination of the foregoing.
14 If the subdivider desires to dedicate land for
this purpose, the subdivider shall designate
15 the area thereof in the tentative tract map as
submitted.
16
ii. At the time of the tentative tract map
17 approval, the Planning Commission shall
determine as a part of such approval, whether
18 to require a dedication of land within the
subdivision, payment of a fee in lieu thereof,
19 accept improvement, or a combination of such
methods.
20
iii. Where dedication is required, it shall be
21 accomplished in accordance with the provision
of the Subdivision Map Act. Where fees are
22 required the same shall be deposited with the
City prior to the approval of the final tract
23 or parcel map. Open space covenants for
private park or recreational facilities shall
24 be submitted to the City prior to approval of
the final tract map and shall be recorded
25 contemporaneously with the final tract map.
26 (b) Determination. When land is proposed to be
dedicated, the Planning Commission shall determine
27 the appropriateness of the land to be dedicated
based upon the following:
28
Ordinance 1177
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1
2
i. The conservation/Open Space/Recreation Element
3 of the City's General Plan; and
4 ii. The topography, geology, access and location
of land in the subdivision available for
5 dedication; and
6 iii. Size and shape of the subdivision and land
available for dedication. The determination
7 of the Planning Commission as to whether land
shall be dedicated, fees charged, dedicated
8 land improved, or any combination thereof,
shall be final and conclusive, unless appealed
9 to the City Council as provided in Section
9321.G (Appeals), provided that in no event,
10 may the dedications, amount of fees or value
of improvements exceed the subdivider's
11 dedication requirements as set forth in
Section 9331.D.2 (Standards and Formula for
12 Land Dedication) unless the subdivider
voluntarily agrees. On subdivisions involving
13 fifty (50) lots or less, only the payments of
fees shall be required.
14
8. Responsibilities and Enforcement.
15
(a) It is the responsibility of each property owner who
16 proposes to create residential building sites to
provide an equitable portion of parklands as
17 required by this Code. Dedications for the
provision of parklands and/or the payment of fees
18 shall commence at the earliest possible instance of
land development planning. Where parkland is to be
19 provided, such provisions shall be included, where
applicable, in zone changes, planned community
20 texts and development plans, tentative and final
tract maps, division of land and parcel maps and
21 conditional use permits.
22 (b) It is the duty of the Director of Community
Services to verify that the requirements of this
23 Part are complied with, and to notify all
interested parties and agencies of such compliance.
24
(c) It is the duty of the Director of Community
25 Development to enforce the provisions of this Part
that are applicable to the issuance of a building
26 permit.
27 (d) The Director of Community Services shall prepare a
schedule for approval by the Planning Commission,
28 specifying how and whenit will use the .land or
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2
fees, or both, to develop park and recreation
3 facilities. Fees shall be committed within five
(5) years of collection.
4
(e) Any required in-lieu fees shall be paid prior to
5 recording the final tract map. When improved sites
are accepted, an improvement agreement shall be
6 approved by the City prior to recording the final
map.
7
9. Limitation of use of land and fees.
8
The land and fees received under this Section shall be
9 used only for the purpose of providing park and
recreational facilities to serve the area from which
10 received, and the location of the land and amount of fees
shall bear a reasonable relationship to the use of the
11 park and recreational facilities by the future
inhabitants of the subdivision, the community, and the
12 general area from which it is received.
13 E. Reservations.
14 1. General.
15 Based on the General Plan, or applicable Specific Plan,
as a condition of approval of a tentative map, the
16 subdivider may be required to reserve sites, appropriate
in area and location, for parks, recreational facilities,
17 fire stations, libraries or other public uses according
to the standards and formula contained in this Section.
18
2. Standards for Reservation of Land.
19
Where a park, recreational facility, fire station,
20 library, or other.public use is shown on the General Plan
or an adopted specific plan, the subdivider may be
21 required by the City to reserve sites as so determined by
the City in accordance with the policies and standards
22 contained in the General Plan or the adopted specific
plan. The reserved area must be of such size and shape
23 as to permit the balance of the property within which the
reservation is located to develop in an orderly and
24 efficient manner.
25 The amount of land to be reserved shall not make
development of the remaining land held by the subdivider
26 economically infeasible. The reserved area shall be
consistent with the General Plan or the adopted specific
27 plan and shall be in such multiples of streets and
parcels as to permit an efficient division of the
28
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2
reserved area in the event that it is not acquired.within
3 the prescribed period.
4 3. Procedure.
5 The public agency for whose benefit an area has been
reserved shall, at the time of approval of the'final map
6 or parcel map, enter into a binding agreement to acquire
such reserved area within two (2) years after the
7 completion and acceptanceof all improvements, unless the
period of time is extended by mutualagreement.
8
4. Payment to Subdivider.
9
The purchase price for the reserved area shall be the
10 market value thereof at the time of the filing of.the
tentative map plus the taxes against the reserved area
11 from the date of the reservation and any .other costs
'incurred by the subdivider in the maintenance of the
12 reserved area, including interest costs incurred on any
loan covering the reserved area.
13
5. Termination.
14
If the public agency for whose benefit an area has been
15 reserved does not enter into a binding agreement in
accordance with this section, the reservation of the area
16 shall automatically terminate.
17 F. LoCal Transit Facilities.
18 As a condition of approval of a tentative map, the subdivider may
be required to dedicate, or make an irrevocable offer of
19 dedication, of land within the subdivision for local transit
facilities such as shelters, benches, bus turnouts, landing pads,
20 park-and-ride facilities, and similar items which directly benefit
the residents of the subdivision, if (a) the subdivision as shown
21 on the tentative map has the potential for two hundred (200)
dwelling units or more if developed to the maximum density shown on
22 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
23 reasonable time period, be made available to the subdivision.
24 The provisions of this Section do not apply to condominium projects
or stock cooperatives which consist of the subdivision of airspace
25 in an existing apartment building which is more than five (5) years
old when no new dwelling units are added.
26
G. Bridges and Major Thoroughfares.
27
1. Purpose. The purpose of this.section is to establish
28 provisions for assessing and collecting fees as a
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2
condition of approval of a final map or prior to issuing
3 a building permit for the purpose of defraying the actual
or estimated cost of constructing bridges or major
4 thoroughfares pursuant to Section 66484 of the
Subdivision Map Act, and in order to implement the
5 Circulation Element of the General Plan and, in the case
of bridges, the. transportation provisions thereof.
6
2. Definitions. For the purposes of this section, the
7 following words and phrases shall have the following
meanings:
8
(a) "Construction" shall mean design, acquisition of
9 right-of-way, administration of construction
contracts, actual construction and inspections.
10
(b) "Major thoroughfare" shall mean a roadway as shown
11 on the Circulation Element of the General Plan
whose primary purpose is to carry through traffic
12 and 'provide a network connecting to the state
highway system.
13
3. Payment of Fees Generally.
14
(a) Prior to filing a final map which includes land
15 within an area of benefit established pursuant to
.this division, the subdivider shall pay or cause to
16 be paid any fees established and ~apportioned to
such property pursuant to this section for the
17 purpose of defraying the actual or estimated cost
of constructing bridges over waterways, railways,
18 freeways or canyons or constructing major
thoroughfares.
19
(b) At the time a building. permit is issued for
'20 construction on any property within an area of
benefit established pursuant to this section, the
21 applicant for such permit shall pay or Cause to be
paid any fees established and apportioned pursuant
22 to this section for the purpose of defraying the
actual or estimated cost of constructing bridges
23 over waterways, railways, freeways or canyons or
constructing major thoroughfares, unless such fees
24 have been paid pursuant to Subsection .(c)(1) of
this section.
25
(c) Notwithstanding the provisions of Subsections
26 (3)(a) and (3)(b) of this section:
27 i. Payment of bridge fees shall not be required
unless the planned bridge facility is an
28 original bridge serving the area or an
Ordinance 1177
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1
2 addition to any existing bridge facility
3 serving the area at the time of adoption of
the boundaries of the area of benefit.
ii. Payment of major thoroughfare fees shall not
5 be required unless the major thoroughfares are
in addition to, or a.reconstruction of, any
6 existing major thoroughfares serving the area
at the time of the adoption of the area of
7 benefit.
8 4. Consideration in Lieu of Fees. Upon application by the
subdivider or applicant for a building permit, the City
9 Council may accept consideration in lieu of the payment.
of fees required pursuant to this section; provided that
10 the City Council first finds, upon recommendation of the
City Engineer, that the substitute consideration has a
11 value equal to or greater than the fee; and provided
further that the substitute consideration is in a form
12 acceptable to the City Council.
13 5. Public Hearinq. 'Prior to establishing an area of
benefit, a public hearing shall be held by the City
14 Council at which time the boundaries of the area of
benefit, the costs, whether actual or estimated, and a
15 fair method of allocation of costs to the area of benefit
and fee apportionment, and the fee to be collected, shall
16 be established. Notice of the public hearing shall be
given consistent wit the provisions of Section 9304.06
17 and shall include preliminary information related to the
boundaries of the area of benefit, estimated cost and the
18 method of fee apportionment.
19 6. Amount. The amount of the fees and the areas of benefit
established pursuant to this Section may be established
20 by resolution.
21 7. Exemptions. Notwithstanding the provisions of Subsection
(6), payment of such fees shall not be required for:
22
(a) The use., alteration or enlargement of an'existing
23 building or structure or the erection of one (1) or
more buildings or structures accessory thereto, or
24 both, on the same lot or parcel of land; provided
that the total value, as determined by the Building
25 Official, of all such alteration, enlargement or
construction completed within any one (1) year
26 period does not exceed one-half (1/2) of the
current market value, as determined by the Building
27 Official, of all existing buildings on suuh lot or
parcel of land, and the alteration or enlargement
28 of the building is not such as to change its
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2
classification of occupancy as defined by
3 applicable Sections of the Uniform Building Code.
4 (b) The following accessory buildings and structures:
private garages, children's playhouses, radio and
5 television receiving antennas, windmills, silos,
tank houses, shops, barns, coops and other
6 buildings which are accessory to one (1) family or
two (2) family dwellings.
7
8. -Protest.
8
(a) 'At any time not later than the hour set for hearing
9 objections to the proposed bridge facility or major
improvement, any person may file a protest against
i0 the proposed bridge facility or major thoroughfare
or against the extent of the area to be benefitted
11 by the improvements or against both of them. Such
protests must be in writing and must contain a
12 description of the property in which each .signer
thereof is interested, sufficient to identify such
13 property, and, if the signers are not shown on the
last equalized assessment roll as the owners of
14 such property, must contain .or be accompanied by
written evidence that such signers are the owners
15 of such property. All such protests shall be
delivered to the City Clerk and no other such
16 protests shall be considered. Any protest may be
withdrawn, in writing, by the owners making such
17 protests, at any time prior to the conclusion of
the public hearing.
18
(b) If there is a written protest filed with the City
19 Clerk by the owners of more than one-half (1/2) of
the area of the property to be benefitted by the
20 improvement, and sufficient protests are not
withdrawn so as to-reduce the area represented to
21 less than one-half (1/2) of that to be benefitted,
then the proposed proceedings shall be abandoned
22 and the City Council shall 'not, for one (1) year
from the filing of that written protest, commence
23 or carry on any proceedings for the same
improvement, or that portion thereof so protested
24 against, under the provisions of this section.
25 H. Supplemental Improvement Capacity.
26 1. As a condition of approval of a tentative map, there may
be imposed a requirement that improvements installed by
27 the subdivider for the benefit of the subdivision contain
supplemental size, capacity, number or length for the
28 benefit of property not within the subdivision and that
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2
those improvements be dedicated to the public. However,
3 when such supplemental size, capacity, number or length
is solely for the benefit of property not within the
4 subdivision, the City shall, subject to the provisions of
Sections 66486 and 66487 of the Subdivision Map Act,
5 enter into an agreement with the subdivider to reimburse
the subdivider for that portion of the cost of such
6 improvements equal to the difference between the amount
it would have cost the subdivider to install such
7 improvements to serve the subdivision only and the actual
cost of such improvements.
8
2. The City Council shall determine the method for payment
9 of the costs required by a reimbursement agreement, which
method may include, but shall not be limited to, the
10 following:
11 (a) The collection from other persons, including public
agencies, using such improvements for the benefit
12 of real property not within the subdivision, of a
reasonable charge for such use.
13
(b) The contribution to the subdivider of that part of
14 that cost of the improvement(s) that is
attributable to the benefit of real property
15 outside the subdivision and the levy of a charge
upon the real property benefitted to reimburse the
16 City for such costs, together with interest
thereon, if any, paid to the subdivider.
17
(c) The establishment and maintenance of local benefit
18 districts for the levy and collection of such
charge or costs from the property benefitted.
19
3. No charge, area of benefit or local benefit district
20 shall be established unless and until a public hearing is
noticed and held thereon by the City Council in
21 accordance with the provisions of Government Code Section
65091 and the City Council finds that the charge, area of
22 benefit or local benefit district is reasonably related
to the cost of such supplemental improvements and the
23 actual ultimate beneficiaries thereof.
24 4. In addition to the notice required by Government Code
Section 65091, written notice of the hearing shall be
25 given to those who own property within the proposed area
of benefit as shown on the last equalized assessment
26 roll, and the potential users of the supplemental
improvements insofar as they can be ascertained at the
27 time.
28 I. Drainage Fees [Reserved].
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2
J. Solar Access Easements [Reserved].
3
K. Interim Classroom Facilities.
1. Authority, Purpose and Intent.
5
(a) This section is enacted pursuant to the authority
6 Of Section 65970 et seq. of the Government Code for
the purpose of providing interim school facilities
7 to alleviate conditions of overcrowding caused by
new residential development.
8
(b) The City Council finds:
9
i. Public education in the primary and secondary
10 grades is provided in the City by the Irvine,
Santa Ana, and Tustin Unified School
11 Districts.
12 ii. From time to time, new residential development
may cause overcrowding in one (1) or more'
13 schools in the School Districts.
14 iii. It is necessary that a method be available to
provide the School Districts with interim
15 classroom facilities when conditions of
overcrowding exist, in order that education
16 not be adversely affected.
17 3. Action by School Districts. An affected School
District(s) may, from time to time, adopt a declaration
18 of impact and file the same with the City Clerk for
consideration by the City Council.
19
4. Actionby City Council. Upon receipt of a declaration of
20 impact from one or more School Districts and the schedule
required by Section 65976 of the Government Code, the
21 City Council shall, if it concurs in the findings set
forth in the declaration of impact, withhold approval of,
22 or order the appropriate officer, employee or commission
within the City to withhold approval of, new residential
23 development within the attendance area of the impacted
school or schools pending compliance with Subsection (5)
24 below.
25 5. Mitiqation Measures.
26 (a) The City Council may require, as a condition of
approval of new development within the attendance
27 area of an impacted school, either the dedication
of land, the payment of fees in lieu thereof, or a
28
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.2
combination of both, in accordance with the
3 provisions of Section 65974 of the Government Code.
4 (b) The decision concerning whether to require the
dedication of land, payment of fees of an
5 appropriate combination shall be determined after
consultation with the affected School District(s)
6 concerning the needs of the School District(s) as
they relate to the impacted school or schools.
7
(c) The amount of any fee shall be in accordance with
8 the provisions of Chapter 4.9 (commencing with
Section 65995) of the Government Code, shall be
9 prescribed by resolution of the City Council, and
shall be collected at the time of issuance of a
10 building permit.
11 6. Use of Fees and Land-Accountinq.
12 (a) The School Districts shall use the land and/or fees
solely to alleviate the conditions of overcrowding
13 within the affected attendance area.
14 (b) The School Districts shall annually provide to the
City Council the report required by Section 65978
15 of the Government Code.
16 7. City's Riqht to Disapprove Development or Require Other
Fees. Nothing in this Section shall be construed to
17 limit the right of the City to disapprove new residential
development for any lawful reason, including, but not
18 limited to, the impact that such development may have on
a school or schools within the School Districts which
19 cannot be alleviated by the provisions of this section.
20 L. Permanent Classroom Facilities.
21 The City may not require, as a condition of approval of a tentative
map for a residential subdivision, dedication of land or payment of
22 in-lieu fees or a combination of both in order to provide permanent
facilities for school purposes. Nothing in this Chapter is
23 intended as a limitation on the School Districts' authority to
directly levy a fee, charge, dedication or other form of
24 requirement against any development project, pursuant to Section
53080 of the Government Code, in order to provide temporary and
25 permanent facilities for school purposes.
26 M. Reimbursement to a Telephone Corporation or Cable Television
System for Undergrounding or Relocation.
27
Whenever the City imposes as a condition to its approval of a
28 tentative map or a parcel map a requirement that necessitates
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2
replacing, undergrounding, or permanently or temporarily relocating
3 existing facilities of a telephone corporation or cable television
system, the subdivider shall reimburse the telephone corporation or
4 cable television system for all costs for the replacement,
undergrounding, or relocation. All these costs shall be billed to
5 the subdivider directly by the telephone corporation or cable
television system after they are incurred, and shall include a
6 credit for any required advance payments and for the salvage value
! of any facilities replaced. In no event shall the telephone
7 corporation or cable television system be reimbursed for costs
incurred in excess of the cost to replace the facilities with
8 substantially similar facilities. In no event shall the City be
obligated to pay such reimbursement.
9
10 9332 Improvements
11 A. General.
12 The subdivider shall construct all required improvements, both on
and off-site, in accordance with the standard engineering
13 specifications and other approved standards as provided by this
Chapter and by the City Council's resolution or resolutions
14 establishing such standards.
15 No final map shall be presented to the Council for approval until
the subdivider either completes the required improvements, or
16 enters into an agreement with the City agreeing to do the work.
17 B. Required Improvements.
18 1. General All improvements as may be required as
conditions of approval of the tentative map or by City
19 ordinance or resolution, together with, but not limited
to, the required improvements set forth below shall be
20 required of all subdivisions.
21 Requirements for construction of on-site and off-site
improvements for subdivisions of four (4) or less parcels
22 shall be noted in the parcel map, or waiver of parcel map
or the subdivision improvement agreement recorded prior
23 to or concurrent with the parcel map.
24 Completion of improvements shall be in accordance with
9332.K (Completion of Improvements).
25
2. Frontage Improvements - The frontage of each lot shall be
26 improved to its ultimate adopted geometric section~
including street structural section, curbs, sidewalks,
27 driveway approaches and transitions.
28
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2
3. StormDrainage - Storm'water runoff from the subdivision
3 shall be collected and conveyed by an approved storm
drain system. The storm drain system shall be designed
4 for ultimate development of the watershed and shall be
capable of collecting and conveying runoff generated by
5 a 100 year flood. The storm drain system shall provide
for the protection of abutting and off-site properties
6 that would be adversely affected by any increase in
runoff attributed to the development. Off-site storm
7 drain improvements may be required to satisfy this
requirement.
8
4. Sanitary Sewers - Each unit or lot within the subdivision
9 shall be served by an approved sanitary sewer system in
accordance with the applicable provisions of this Code.
10
5. Utilities - Each unit or lot within the subdivision shall
11 be served by gas, electric, telephone and cablevision
facilities.
12
6. Underground Utilities - The provisions of this Subsection
13 are in addition to, and not a substitute for other
underground provisions of this Code.
14
(a) All existing and proposed utilities within the
15 subdivision and along peripheral streets shall be
placed underground except those facilities exempted
16 by Public Utilities Commission regulations.
Undergrounding shall be required for overhead lines
17 on either side of peripheral streets.
18 (b) The developer may request that the undergrounding
requirement along peripheral streets be waived.
19 The City may, at its discretion, accept a fee in
lieu of the undergrounding. The amount of the fee
20 shall be determined by the City Engineer and shall
be based upon the reasonable estimated cost of that
21 portion of a future undergrounding project
attributable to the subdivision. The requirement
22 for undergrounding or payment of an in-lieu fee
shall be a condition of approval of the~ tentative
23 map.
24 (c) Undergrounding requirements may be waived or
modified by the City Council only upon finding:
25
i. The subdivision is within an area where
26 existing utilities have not been undergrounded
and that deferral will be allowed since
27 undergrounding is impractical due to physical
constraints, or the surrounding neighborhood
28 is absent of similar improvements; and
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2
ii. Overhead utilities will have no significant
3 visual impact.
4 ' (d) If the undergrounding requirements are waived as
allowed by findings (c)(i) and (ii) above, the in-
5 lieu fee as established by the City Engineer shall
be made a condition of approval of the tentative
6 map.
7 (e) In-lieu fees shall be deposited in a special
undergrounding account to be used as approved by
8 the City Council for future undergrounding of
utilities throughout the City.
9
7.. Fencing - Each parcel or lot within the subdivision that
10 is adjacent to property containing a public facility
shall have an approved fence or wall adequate to prevent
11 unauthorized access between properties.
12 8. Other Improvements - Other improvements including, but
not limited to, grading, street lights, traffic signals,
13 fire hydrants, signs, street lines and markings, street
trees and shrubs, landscaping, monuments, bicycle
14 facilities and fences, or fees in lieu of any of the
foregoing, shall also be required as determined by the
15 City Engineer in accordance with this Code, the General
Plan and City standards and specifications.
16
9. Off-Site Improvements - If the subdivider is required to
17 construct off-site improvements on land in which neither
the subdivider nor the City has sufficient title or
18 interest to allow construction, the City shall, within
one hundred twenty (120) days of recording the final map,
19 acquire by negotiation or commence condemnation of the
land. If the City fails to meet the one hundred twenty
20 (120) day time limit, the condition for the construction
shall be waived. Prior to approvalof the final map, the
21 City may require the subdivider to enter into an
agreement to complete the off-site improvements at the
22 time the City acquires title or an interest in the land.
23 The subdivider shall pay the cost of acquiring off-site
land or an interest in the land required to construct the
24 off-site improvements.
25 C. Deferred Improvement Agreements.
26 1. Subdivisions of Four (4) or Less Parcels - The.frontage
improvements along peripheral streets may be deferred
27 when deemed necessary by the City Engineer. When
improvements are deferred, the subdivider and/or owner of
28 the real property shall enter into an agreement with the
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2
City, in form acceptable to the City Engineer and City
3 Attorney, for the installation of all frontage
improvements at a time in the future specified by the
4 City. The agreement shall prQvide for the following:
5 (a) Constructionof improvements shall commence within
ninety (90) days of the receipt of the notice to
6 proceed from the City and shall be completed within
the time specified by Section 9310.10.
7
(b) Thatin the-event of a default by the subdivider
8 and/or owner, the City is authorized to cause
construction to be done and charge the entire cost
9 and expense to the subdivider and/or owner,
including interest from the date of notice of said
10 cost and expense until paid.
11 (c) That the agreement shall be recorded with the
County Recorder at the expense of the subdivider
12 and/or owner and shall constitute notice to all
successors and assigns of title to the real
13 property of the obligations set forth therein, and
shall also constitute a lien in such amount
14 necessary to fully reimburse the City, including
interest as provided above, subject to foreclosure
15 in the event of a default in payment.
16 (d) That in event of litigation occasioned by any
default of the subdivider and/or owner, the
17 subdivider and/or owner agree to pay=all costs
incurred by the City, including reasonable
18 attorney's fees, and that the same shall become a
part of the lien against the real property.
19
.(e) That the terms "subdivider" and "owner" shall
20 include, respectively, not only the subdivider and
the present owner of the real property but also
21 heirs, successors, executors, administrators and
assigns thereof, it being the intent of the parties
22 that the obligations undertaken shall run with the
real property and constitute a lien against it.
23
(f Any other improvement security as required by
24 Section 9310.08.
25 (g) Any other provisions required by the City as
reasonably necessary to effectuate the purposes and
26 provisions of the Subdivision Map Act and this
Code.
27
The agreement shall not relieve the subdivider or owner
28 from any other specific requirements of the Subdivision
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2
Map Act, this Code or law. The construction of deferred
3 improvements shall conform to the provisions of this
Chapter and all applicable articles of this Code in
4 effect at the time of construction.
5 2. Remainders - Where a remainder is made part of a final or
parcel map, the subdivider may enter into an agreement
6 with the City to construct improvemenUs within the
remainder at some future date and prior to the issuance
7 of a permit or other grant of approval for the
development of a remainder. The improvements shall be at
8 the subdivider's expense. In the absence of such an
agreement, the' City may require fulfillment of the
9 construction requirements within a reasonable time
following approval of the final or parcel map and prior
10 to the issuance of a permit or other grant of approval
for the development of the remainder, upon a finding that
11 fulfillment of the construction requirements is necessary
for reasons of:
12
(a) The public health and safety, or
13
(b) The required construction is a necessary
14 prerequisite to the orderly development of the
surrounding area.
15
16 D. Design.
17 1. General - The design and layout of all required
improvements, both on and off-site, private and public,
18 shall conform to generally accepted engineering
standards, standard engineering specifications, and
19 Subdivision Map Act and applicable provisions of this
Code.
20
2. Energy Conservation - The design of a subdivision for
21 which a tentative map is required shall provide, to the
extent feasible, for future passive or natural heating or
22 cooling opportunities in the subdivision.
23 Examples of passive or natural heating opportunities in
subdivision design include design of lot size and
24 configuration to permit orientation of a structure in an
east-west alignment for southern exposure and to permit
25 orientation of a structure to take advantage of shade or
prevailing breezes.
26
In providing for future passive or natural heating or
27 cooling opportunities in the design of a subdivision,
consideration shall be given to local climate, contour,
28 configuration of the parcel to be divided, and other
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1
2
design and improvement requirements. The provision shall
3 not result in reducing allowable densities, or the
percentage of a lot which may be occupied by a building
4 or structure under applicable planning and zoning in
force at the time the tentative map is filed.
5
The requirements of this SUbsection do not apply to
6 condominium projects which consist of the subdivision of
airspace in an existing building and no new structures
7 are added.
8 For the purpose of this Subsection, "feasible" means
capable of being accomplished in.a successful manner
9 within a reasonable period of time, taking into account
economic, environmental, social and technological
10 factors.
11 3. Cable Television Service - The design of a subdivision
for which a tentative map or parcel map is required shall
12 provide one (1) or more City franchised cable television
systems an opportunity to construct, install and
13 maintain, on land identified on the map as dedicated or
to be dedicated to public utility use, any equipment
14 necessary to extend cable television services to each
residential parcel in the subdivision.
15
This Subsection shall not apply to the conversion of
16 existing dwelling units to condominiums, community
apartments, or stock cooperatives.
17
E. Access.
18
All lots or parcels created.shall have direct access to a public
19 street improved to the standards set forth in this article. Private
streets shall not normally be permitted. However, if the City
20. Council determines that the most logical development of the land
requires that lots be created with access to private streets, such
21 a development may be approved. The subdivider shall submit a
development plan showing the alignment, width, grade, and material
22 specifications of any proposed public or private street, the
topography and means of access to each lot, and the drainage, sewer
23 and water service and fire protection for the lots served by such
private street(s). Private street(s) shall be constructed in
24 accordance with standard engineering specifications and any other
applicable plans and specifications of the City as approved by the
25 Director of Community Development. Construction of Private
street(s) shall be completed prior to the completion of the
26 construction and/or occupancy of the lots. The subdivider shall be
required to provide a feasible method for the maintenance of such
27 private streets, which method shall be subject to the prior
approval of the Director of Community Development.
28
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1
2
Reserved strips, or non-access at the end of streets-or at the
3 boundaries of subdivisions, shall be dedicated unconditionally to
the City when required by the City.
4
G. Improvement Plans.
5
1. General - Improvement plans shall be prepared under the
6 direction of and must be signed and sealed by a
~.registered civil engineer licensed by the State of
7 California.
8 Improvement plans shall include, but shall not be limited
to, all improvements required pursuant to Section
9 9310.02.
10 2. Form - Plans, profiles and details shall. be legibly
drawn, printed or reproduced on 24" x 36" reproducible 4
11 mil thick mylar. A border shall be made on each sheet
providing 1/2" at top, bottom and right side and 1-1/2"
12 on the left side.
13 A City of Tustin Public Works Department Engineering
Division Title Block shall be placed in the lower right
14 corner of each sheet.
15 Plans and profiles shall be drawn to the scale of 1" =
20' unless approved otherwise by the City Engineer.
16 Details shall be drawn to such scale that clearly shows
the facility being constructed. The scales for various
i7 portions of the plans shall be shown on each sheet.
18 Avicinity map shall be shown on the first sheet of all
sets of plans.
19
A north arrow shall be shown on each sheet when
20 applicable..
21 Plans shall be laid out to orient north to the top or
right edge of the sheet unless approved otherwise by the
22 Public Works Director.
23 All lettering shall be 1/8" minimum.
24 If the. plans include two (2) or more sheets, a cover
sheet showing the streets, lots, easements, storm drains,
25 index and vicinity map shall be included.
26 In addition to normal full size plan submittals, all
final development plans, including but not limited to,
27 right-of-way maps, records of survey, public and private
improvements, final grading and site plans, shall be
28 'submitted to the Public Works Department/Engineering
Ordinance 1177
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1 ~
2
Division in Computer Aided Design and Drafting (CADD)
3 format consistent with the CADD conventions 'and
guidelines.established by. the Engineering Division.
4
The form of all plans shall conform to additional
5 requirements as may be established by the City Engineer.
The final form of all plans shall be approved by the City
6 Engineer.
7 3. Contents - The improvement plans shall show complete
plans, profiles and details for all required improvements
8 to be constructed, both public and private, including
common areas.
9
Reference may be made to City of Tustin or State Standard
10 Plans in lieu of duplicating the drawings.
11 4. Supplementary Plans and Calculations - Hydrology,
hydraulic plans and calculations,.bond or other security
12 estimates and any structural calculations as may be
required, shall be submitted with the improvement plans
13 to the City Engineer. All calculations shall be legible,
systematic and signed, sealed and dated by a registered
14 civil engineer licensed by the State of California and in
a form approved by the City Engineer.
15
5. Review by the City Engineer - The subdivider shall submit
16 the improvement plans and all computations to the City
Engineer for review. Upon completion of the review, one
17 (1) set of the preliminary plans, with any required
revisions indicated, will be returned to the subdivider.
18
6. Approval by the City Engineer - After completing any
19 required revisions, the subdivider shall transmit the
originals of the improvement plans to the City Engineer
20 for signature.
21 Upon finding that any required revisions have been made
and that the plans conform to all applicable City
22 ordinances and plans, design requirements and conditions
of approval of the tentative map, the City Engineer shall
23 sign and date the plans. The subdivider or engineering
representative may request duplicate mylars of signed
24 originals for subdivider use.
25 Approval of the improvement plans shall not be construed
as approval of the gas, electric, telephone and cable
26 television service construction plans.
27 Approval by the City Engineer shall in no way relieve the
subdivider or the subdivider's engineer from
28 responsibility for the design of the improvements and for
Ordinance 1177
Page 66
1
2
any deficiencies resulting from the design or from any
3 required conditions of approval of the tentative map.
4 7. Revision to Approved Plans
5 (a) Requests by the subdivider for revisions to the
approved plans appearing n~cessary or desirable
6 during construction shall be submitted in writing
to the City Engineer or the City Engineer's
7 authorized representative and shall be accompanied
by revised drawings showing the proposed revision.
8 If the revision is acceptable to the City Engineer
and consistent with the tentative map, the
9 subdivider shall revise the plans in the
Engineering Division office. Construction of any
10 proposed revision'will not be permitted to commence
until revised plans have been received and approved
11 by the City Engineer.
12 (b) When revisions are deemed necessary by the City
Engineer to protect the public health and safety,
13 or as field conditions may require, a request in
writing shall be made to the subdivider. The'
14 subdivider shall revise the plans in the
Engineering Division office within the time
15 specified by the City Engineer.
16 The subdivider may appeal revisions required by the
City Engineer to the City Council by filing an
17 appeal in writing with the City Engineer within
fifteen (15) days following receipt of the request
18 to revise the plans.
19 (c) Costs incurred by the City for checking of plans or
calculations or inspectionas a result of revisions
20 to the approved plans shall be borne by the
subdivider at actual cost. A deposit, when
21 required, shall be submitted with the.revised plans
and applied toward the actual costs.
22
G. Improvement and Subdivision Monumentation Agreement.
23
The Improvement and Subdivision Monumentation agreements shall be
24 prepared by the City Engineer and approved as to form by the City
Attorney. The agreements shall provide for:
25
1. Construction of all improvements required pursuant to
26 Section 9310.02, including any required off-site
improvements, according to the approved plans and
27 specifications on file with the City Engineer.
28
Ordinance 1177
page 67
1
2
2 completion of improvements within the time specified by
3 Section 9310.10.
4 3 Right of the City to modify plans and specifications and
to require the subdivider to pay for modifications.
5
4 Warranty by the subdivider that construction will not
6 adversely affect any portion of adjacent properties.
7 5 Payment of inspection fees in accordance with the City's
resolution.
8
6 Payment of in-lieu fees for undergrounding of utilities
9 of peripheral streets.
10 7 Payment of planned drainage facility fees.
11 8. Improvement security as required by Section 9310.08.
12 9. Maintenance and repair of any defects or failures and
their causes.
13
10. Release and indemnification of the City from all
14 liability incurred in connection with the development and
payment of all reasonable attorneys' fees that the City
15 may incur because of any legal action or other proceeding
arising from the development.
16
11. Any other deposits, reimbursements, fees or conditions as
17 required by City ordinance or resolution and as may be
required by the City Engineer.
18
12. Any other provisions required by the City as reasonably
19 necessary to effectuate the purposes and provisions of
the Subdivision Map Act and this Code.
20
13. Monumentation of the subdivision.
21
J. Improvement Security.
22
1. Any improvement agreement, contract or act required or
23 authorized by the Subdivision Map Act or this Chapter,
for which security is required, shall be secured in
24 accordance with Section 66499 et seq. of the Subdivision
Map Act and as provided below.
25
No final map or parcel map shall be signed by the City
26 Engineer or recorded until all improvement securities
required by this section have been received and approved.
27
28
Ordinance 1177
Page 68
1
2
2. The form of security shall be one or the combination of
3 the followingat the option and subject to the approval
of the City:
4
(a) Bond or bonds by one or more duly authorized
5 corporate sureties. Duly authorized corporate
sureties must be admitted sureties. The form of
6 the bond or bonds shall be in accordance with
Sections 66499.1, 66499.2, 66499.3 and 66499.4 of
7 the Subdivision Map Act.
8 (b) A deposit, either with the City or a responsible
escrow agent or trust company, at the option of the
9 City, of money or negotiable bonds of the kind
approved for securing deposits of public monies.
10
(c) Any other form of security as provided in Section
11 66499 of the Subdivision Map Act.
12 3. Amount of Security - A performancesbond or othersecurity
in the amount of one hundred (100%) of the total
13 estimated construction cost to guarantee the construction
or installation of all improvements shall be required of
14 all subdivisions. An additional amount of fifty percent
(50%) of the estimated construction cost shall be
15 required to guarantee payment to subdivider's contractor,
subcontractors, and to persons furnishing labor,
16 materials or equipment for the construction or
installation of improvements. As a part of the
17 obligation guaranteed by the security and in addition to
the full amount of the security, there shall be included
18 costs and reasonable expenses and fees, including
attorneys' fees, incurred by the City in enforcing the
19 obligations secured.
20 The estimate of improvements costs shall be as approved
by the City Engineer and shall provide for:
21
(a) Not less than five percent (5%) nor more than ten
22 percent (10%) of the total construction cost for
contingencies. ,
'23
(b) Increase for projected inflation computed to the
24 estimated midpoint of.construction.
25 (c) All utility installation costs or a certification
acceptable to the City Engineer from the utility
26 company that adequate security has been deposited
to ensure installation.
27
4. Monumentation Bond - A performance bond or other security
28 in the amount of one hundred percent (100%) Of the total
Ordinance 1177
Page 69
1
2
estimated cost to guarantee the installation of the
3 subdivision monumentation as determined by the registered
civil engineer or surveyor responsible for setting the
4 monuments.
5 5. Warranty Security - Upon acceptance of the subdivision
improvements by the City, the subdivider shall provide
6 security in the amount as required by the City Engineer
to guarantee the improvements against any defective work
7 or labor done or defective materials used in the
performance of the improvements throughout the warranty
8 period which shall be the period of one (1) year
following acceptance of the improvements. The amount of
9 the warranty security shall not be less than ten percent
(10%) of the' cost of the construction of the'
10 improvements, including the cash bond which shall be
retained for the one (1) year warranty period.
11
6. Reduction in Performance Security - The City Engineer may
12 authOrize.in writing the release of a portion of the
security in conjunction with the acceptance of the
13 satisfactory comple~ion of a part of the improvements as
the work progresses upon application'by the subdivider,
14 but in no case shall the security be reduced to less than
ten percent (10%) of the total improvement security given
15 for faithful performance. The amount of reduction of the
security shall be determined by the City Engineer~
16 however, in no event shall the City engineer authorize a
release of the improvement security which would reduce
17 security to an amount below that required to guarantee
' the completion of the improvements and any other
18 obligation imposed by the Subdivision Map Act,. this Code
or the improvement agreement.
19
7. Release of Improvement Security
20
(a) The performance security shall be released only
21 upon acceptance of the improvements by the City and
when an approved warranty security has been filed
22 with the City Engineer. If a warranty security is
not submitted, performance security shall be
23 released twelve (12) months after acceptance of
improvements and correction of all warranty
24 deficiencies.
25 (b) Security given to secure payment to the contractor,
subcontractors and to persons furnishing labor,
26 materials or equipment may, six (6) months after
the completion and acceptance of the improvements
27 by the City, be reduced to an amount equal to 125
percent of the amount of all claims therefor filed
28 with the City. The balance of the security shall
Ordinance 1177
Page 70
1
2
be released upon the settlement of all claims and
3 obligations for which the security was given.
4 (c) The warranty security shall be released upon
satisfactory completion of the warranty period,
5 provided:
6 i. All deficiencies appearing on the warranty
deficiency list for the subdivision have been
7 corrected.
8 ii. Not less than twelve (12) months have elapsed
since the acceptance of the improvements by
9 the City.
10 J. Construction and Inspection.
11 The construction methods and materials for all improvements shall
conform to the standard engineering specifications and all other
12 standard plans and specifications of the City.
13 Construction shall not commence until all required improvement
plans have been approved. All improvements are subject to
14 inspection in accordance with the City's approved'specifications.
15 K. Completion of Improvements.
16 1. Subdivisions of Five (5) or More Parcels - The
improvements for subdivisions of five (5) or more parcels
17 shall be completed by the subdivider within twelve (12)
months, or such later time as approved by the City
18 Engineer, not to exceed thirty-six (36) months, from the
recording of the final map, unless an extension is
19 granted.by the City Council.
20 Should the subdivider fail' to complete the improvements
within the specified time, the City may, by resolution of
21 the City Council and at its option, cause any or all
uncompleted improvements to be completed and the parties
22 executing the security or securities shall be firmly
bound for the payment of all necessary costs.
23
2. Subdivision of Four (4) or Less Parcels - The completion
24 of improvements for subdivisions of four (4) or less
parcels shall not be required until a permit or other
25 grant of approval for the development of any parcel
within the subdivision is applied for. The completion of
26 the improvements.may be required by a specified date by
the City when the completion of the improvements are
27 found to be necessary for the public health or safety or
for the orderly development of the surrounding area.
28 This finding shall be made by the City Engineer or
Ordinance 1177
Page 71'
1
2
authorized representative. The specified date, when
3 required, shall be stated in the subdivision improvement
agreement. Improvements shall be completed prior to
4 final building inspection or occupancy of any unit within
the subdivision.
5
3. Extensions - The completion date may be extended by the
6 City Council upon written request by the subdivider and
the submittal of adequate evidence to justify the
7 extension. The request shall be made not less than
thirty (30)days prior to expiration of the subdivision
8 improvement agreement.
9 The subdivider shall enter into a subdivision improvement
agreement extension with the City.
10
In consideration of a subdivision improvement agreement
11 extension, the following may be required:
12 (a) RevisiOn of improvement plans to provide for
current design and construction standards when
13 required by the City Engineer;
14 (b) Revised improvement construction estimates to
reflect current improvement costs as approved by
15 the City Engineer;
16 (c) Increase of improvement securities in accordance
with revised construction estimates;
17
(d) Inspection fees may be increased to reflect current
18 construction costs but shall not be subject to any
decrease or refund.
19
The City Council may impose additional requirements as
20 recommended by the City Engineer or as it may deem
necessary as a condition to approving any time extension
21 for the completion of improvements.
22 The costs incurred by the City in processing the
agreement shall be paid by the subdivider at actual cost
23 plus twenty-five percent (25%)'of such cost for overhead
expenses.
24
4. As-Built Plans - Revisions for as built drawings are to
25 be made in the Engineering Division offices. The
subdivider or engineering representative may request
26 duplicate mylars for the subdividers use.
27
28
Ordinance 1177
Page 72
1
2
L. Acceptance of Improvements.
3
1. With respect to all subdivisions, when all improvement
4 deficiencies have been corrected and as-built improvement
plans submitted, ~the completed subdivision improvements
5 shall be considered by the City Engineer for acceptance.
Acceptance of the improvements shall imply only that the
6 improvements have been completed satisfactorily and that
public improvements have been accepted for public use.
7
2.' Acceptance - If the subdivision improvements have .been
8 accepted by the City Engineer and public improvements
have been dedicated on the final map or parcel map, the
9 City Clerk shall file an Acceptance of Public
Improvements with the County Recorder.
10
3. Acceptance of a Portion of the Improvements - When
11 requested by the subdivider in writing, the City Engineer
may consider acceptance of a portion of the improvements.
12 Such improvements will be accepted by the City Engineer
only if the City Engineer finds that it is in the public
13 interest to do so and such improvements are for the use
of the general public.
14
Acceptance of.a portion of the improvements shall not
15 relieve the subdivider from any other requirements
imposed by this article.
16
17 9333 Enforcement
18 A. Prohibition
19 1. No person shall sell, lease, or finance any parcel or
parcels of real property or commence construction of any
20 building for sale, lease or financing thereon, except for
model homes, or allow occupancy thereof, for which a
21 final or parcel map is required by the Subdivision Map
Act or the Subdivision Code,' until such a map, in full
22 compliance with the provisions of the Subdivision Map Act
and the Subdivision Code, has been filed with the County
23 Recorder.
24 2. Conveyances of any part of a division of real property
for which a final or parcel map is required by the
25 Subdivision Map Act or the Subdivision Code shall not be
made by parcel or block number, letter or other
26 designation, unless and until such map has been filed
with the County Recorder.
27
3. This section does not apply to any parcel or parcels of
28 a subdivision offered for sale or lease, contracted for
Ordinance 1177
Page 73
1
2
sale or lease, or sold. or leased in compliance with or
3 exempt from any law, including the Subdivision Code,
regulating the design and improvement of subdivisions in
4 effect at the time the subdivision was established.
5 4. Nothing contained in subsection.(a) shall be deemed to
prohibit an offer or contract to sell, lease or finance
6 real property or to construct improvements thereon where
such sale, lease or financing, or the commencement of
7 such construction, is expressly .conditioned upon the
approval and filing of a final map or parcel map, as
8 required under the Subdivision Map Act or the Subdivision
Code.
9
B. Remedies
10
1. Any deed of conveyance, sale or contract to sell real
11 property which has been divided, or which has resulted
from a division, in violation of the provisions of the
12 Subdivision Map Act or the Subdivision Codelis voidable
at the sole option of the grantee, buyer or person
13 contracting to purchase, any heirs, personal
representative, or trustee in insolvency or bankruptcy
14 thereof for a period of one (1) year after the date of
discovery of such violation. The deed of conveyance,
15 sale or contract to sell is binding upon any successor in
interest of the grantee, buyer or person contracting to
16 purchase, other than those above enumerated, and upon the
grantor, vendor or person contracting to sell, or his or
17 her assignee, heir or devisee.
18 2.. Any grantee, or successor in interest thereof, of real
property which has been divided, or which has resulted
19 from a division, in violation of the provisions of the
Subdivision Code or the Subdivision Map Act may, within
20 one (1) year of the date of discovery of such violation,
bring an action in the superior court to recover any
21 damages suffered by reason of such division of property.
The action may be brought against the person who divided
22 the property in violation of the provisions of the
Subdivision Map Act or the Subdivision Code and against
23 any successors in interest who have actual or
constructive knowledge of such division of property.
24
3. The provisions of this section shall not apply to the
25 conveyance of any parcel of real property identified in
a certificate of compliance filed pursuant to Section
26 66499.35 of the Subdivision Map Act or identified in a
recorded final map or parcel map, from and after the date
27 of recording.
28
Ordinance 1177
Page 74
1
2
The provisions of this section shall not limit or affect
3 in any way the rights of a grantee or successor in
interest under any other provision of law.
4
4. This section does not bar any legal, equitable or summary
5 remedy to which the City or other public agency, or any
person, firm or corporation may otherwise be entitled,
6 and the City or other public agency, or such person, firm
or corporation may file a suit in the superior court to
7 restrain or enjoin any attempted or proposed subdivision
or sale, lease, or financing in violation of the
8 Subdivision Map Act or the Subdivision Code.
9 5. The City shall not issue a permit or grant any approval
necessary to develop any real property which has been
10 divided, or which has resulted from a division, in
violation of the provisions of the Subdivision Map Act or
11 the Subdivision Code if it finds that development of such
real property is contrary to the public health or the
12 public safety. The authority to deny such a permit or
approval shall apply whether the applicant therefor was
13 the owner of record at the time of such violation or
whether the applicant therefor is either the current
14 owner of record or.a vendee thereof with, or without,
actual or constructive knowledge of the violation at the
15 time of the acquisition of an interest in such real
property.
16
If the City issues a permit or grants approval forthe
17 development of any real property and subsequently
determines that the real property was not legally
18 subdivided, the City may reconsider the permit or
approval for the development and may impose those
19 additional conditions which would have been applicable to
the division .of the property at the time the current
20 owner of record acquired the property. If the property
has the same owner of record as at the time of the
21 initial violation, the City may impose conditions
applicable to a current division of the property. If a
22 conditional certificate of compliance has been filed for
record, only those conditions stipulated in that
23 certificate shall be applicable.
24 C. Certificate of Compliance
25 1. Any person owning real property or a yendee of such
person pursuant to a contract of sale' of such real
26 property may request the Director to' determine whether
the. real property complies with the provisions of the
27 .Subdivision Map Act and the Subdivision Code.
28
Ordinance 1177
Page 75
1
2
2. If it is determined that the real property complies with
3 the provisions of the Subdivision Map Act and the
Subdivision Code, the Director shall file a Certificate
4 of Compliance with the County Recorder. The Certificate
of Compliance shall identify the real property and shall
5 state that the division thereof complies with the
provisions of the Subdivision Map Act and the Subdivision
.6 Code.
7 3. If it is determined ~that the real property does not
comply with the provisions of the Subdivision Map Act or
8 the Subdivision Code, the Director may, as a condition to
granting a Certificate of Compliance, impose conditions
9 in accordance with Section 9323.E (Conditions of
Approval). Upon the Director making such a determination
10 and establishing such conditions, the Director shall file
a Conditional Certificate of Compliance with the County
11 Recorder. Such certificate shall serve as notice to the
property owner or yendee who has applied for the
12 certificate, a grantee of the property owner, or any
subsequent transferee or assignee of the property, that
13 the fulfillment and implementation of such conditions
shall be required prior to subsequent issuance of a
14 permit or other grant of approval for development of the
property.
15
4. A recorded final map or parcel map shall constitute a
16 Certificate of Compliance with respect to the parcels of
real property described therein.
17
5. Subject to the provisions of Section 66499.35(e) of the
18 Subdivision Map Act, an official map prepared pursuant'to
Section 66499.52(b) of .the Subdivision Map Act shall
19 constitute a Certificate of Compliance with respect to
the parcels of real property described therein.
20
D. Notice of Violation
21
If the City of Tustin has knowledge that real property has been
22 divided in violation of the provisions of the Subdivision Map Act.
or the Subdivision Code, a Notice of Intention to Record a Notice
23 of Violation shal.1 be prepared by the Director and delivered to the
current owner of record by certified mail. The notice shall
24 describe the property in detail, name the owners, describe the
violation and state that the owner will be given the opportunity to
25 present evidence. The notice shall also contain an explanation as
to why the subject parcel is not lawful under Section 66412.6(a) or
26 (b) of the Subdivision Map Act. The notice shall specify the date,
time and place for a meeting at which the owner may present
27 evidence to the Commission why a notice of violation should not be
recordedl
28
Ordinance 1177
Page 76
1
2
The meeting shall be held no sooner than thirty (30) days and no
3 later than sixty (60) days from the date of mailing of the Notice
of Intention to Record a Notice of Violation. If, within fifteen
4 (15) days of receipt of the notice, the owner fails to file with
the Community Development Department a written objection to
5 recording the Notice of Violation, a Notice of Violation shall be
filed with the County Recorder by the Director. If after the owner
6 has presented evidence and the Planning Commission determines that
there has been no violation, and after a ten (I0) day appeal period
7 has elapsed,. a clearance letter shall be delivered to the then
current owner of record by certified mail, unless an appeal is
8 filed in compliance with 9333.E (Appeal to Council). If after the
owner has presented evidence and the Planning Commission
9 determines that the property has in fact been illegally divided,
and after a ten (10) day appeal period has elapsed, a Notice of
10 I.Violation .shall be filed with the County Recorder by the Director,
unless an appeal is filed in compliance with 9333.E (Appeal to
11 Council).
12
The notice of violation, when recorded, shall be deemed to be
13 constructive notice of the violation to all successors in interest
in such property~
14
E. Appeal to Council
15
The owner, or other interested party may appeal the determination
16 of the Commission to the Council by filing a written notice and
paying applicable fees, as established by resolution, to the
17 Community Development Department within ten (10) days of the
Commission determination. The Council shall hear the appeal within
18 sixt9 (60) days from the date of appeal. If the. Council makes a
determination that the property has in fact been illegally divided,
19 a Notice of Violation shall be filed with the County Recorder by
the Director within thirty (30) days of the conclusion of the
20 hearing.
21 If the Council determines that the property has not been illegally
divided, a clearance letter shall be delivered to the owner by
22 certified mail within thirty (30) days of the conclusion of the
hearing.
23
F. Violation as a Misdemeanor
24
In addition to the remedies and procedures provided in the
25 Subdivision Map Act, the Subdivision Code, or any other state or
local statue or regulation, any person violating any of the
26 provisions or failing =to comply with any of the regulatory
requirements of Subdivision Map Act and the Subdivision Code shall
27 be guilty of a misdemeanor.
28
Ordinance 1177
Page 77
1
2
G. Indemnification/Action Against Map Approvals
3
In accordance with the provisions of Government Code Section
4 66474.9(b), the subdivider shall defend, indemnify and hold
harmless City, its officers, employees and agents from any claim,
5 action, or proceeding to attack or set aside the map approval.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Ordinance 1177
Page 78
1
2
PART IV
3
DEFINITIONS
4
9341 Definitions.
5
Words and phrases used in this Chapter are as defined in the
6 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,
7 the dictionary definition shall prevail.
8
"Acreaqe" shall mean any parcel of land which is not a lot, as.
9 defined in this Chapter, and those areas where a legal subdivision
has not been made previously, or where a legal subdivision has
10 declared such parcel as acreage.
11 "Advisory Aqency" shall mean and refer to the Planning
Commission of the City of Tustin.
12
"Appeal Board" shall mean and refer to the City Council of the
13 City of Tustin.
14 "Block" shall mean the area of land within a subdivision,
which area is entirely bounded by streets, highways or ways, except
15 alleys, or the exterior boundary or-boundaries of the subdivision.
16 "Business and Professions Code" shall. mean the Business and
Professions Code of the State of California.
17
"City Clerk" shall mean and refer to the City Clerk of the
18 City of Tustin unless otherwise specified.
19 "City Enqineer" shall mean the City Engineer of the City of
Tustinunless otherwise specified.
20
"Community Apartment pro~ect" shall have the same meaning as
21 provided in Section 1351 of the Civil Code.
22 "Condominium" shall have the same meaning as provided in
Section 1350 of the Civil Code.
23
"Council" shall mean and referto the City Council of the City
24 of Tustin as established by City Ordinance.
25 "County" shall'mean the County of Orange.
26 "County Recorder" shall mean the County Recorder of the County
of Orange.
27
"County Surveyor" shall mean the County Surveyor of~the.County
28 of Orange.
Ordinance 1177
Page 79
1
2
"Conversion" shall mean the creation of separate ownership of
3 existing real property together with a separate interest in the
space within residential, industrial or commercial buildings.
4
"Day" shall mean a calendar day unless otherwise specified.
5
"Declaration of Impact" shall mean a statement adopted by a
6 Scho61 Board, and forwarded to the Advisory Agency, declaring the
existence of an impacted school or schools, in accordance with the
7 findings and other requirements of Section 65971 of the Government
Code. The declaration of impact mayinclude the schedule required.
8 by Section 65976 of the Government Code.
9 "Department" shallmean the Community DeveIopment Department
of the City of Tustin unless otherwise specified.
10
"Director" shall mean the Director of the. Community
11 Development Department unless otherwise specified.
12 "Easement" shall mean a nonpossessory right, interest or
privilege that the City, other public entity or private party has
13 in another's land.
14 "Environmental Impact Report (EIR)" shall mean a detailed
statement prepared pursuant to the provisions of the California
15 Environmental Quality Act (CEQA), State Public Resources Code
Sections 21000 et seq., and State and City CEQA Guidelines
16 promulgated pursuant thereto, describing and analyzing the
significant environmental effects of a project and discussing ways
17 to mitigate or avoid the effects.
18 "Fair Market Value" shall mean the value of property as
determined by the Advisory Agency based upon appraisal by an MAI
19 appraiser acceptable to the City and at the expense of the
developer. The determination of "Fair Market Value" shall consider
20 the valueof a buildable acre of land at the time of development.
All costs of appraisal shall be paid by the developer prior to the
21 recordation of any final map or the issuance of any building
permit.
22
"Final Map" shall mean a map showing a subdivision of five (5)
23 or more parcels for which a tentative and final map are required by
the Subdivision Map Act and this Chapter, prepared in accordance
24 with the provisions of the Subdivision Map Act and this Chapter and
designed to be filed for recordation in the Office of the County
25 Recorder.
26 "General Plan" shall mean the General Plan of the City of
Tustin.
27
"Government Code" shall mean the Government Code of the State
28 of California.
Ordinance 1177
Page 80
1
2
"Improvement" shall mean streets, sidewalks, storm drainage
3 facilities, water and sewer facilities, utilities, landscaping to
be installed, or agreed to be installed, by the subdivider on the
4 land to be used for public or private streets, highways, ways and
easements, as are necessary for the general use of the lot owners
5 in the subdivision and local neighborhood traffic and acceptance of
the final map thereof. "Improvement" shall also mean other
6 specific improvements.or types of improvements, the installation of
which, either by or by a combination of, the subdivider, public
7 agencies, private utilities, or any other entity approved by the
City, is necessary to ensure consistency with, or implementation
8 of, the General Plan, or any applicable specific plan.
Improvements shall be constructed in accordance with standard
9 engineering specifications, where applicable.
10 "Legislative Body" shall mean and refer to the City Council of
the City of Tustin.
11
"Lot" shall mean a unit or portion of land separate from other
12 units or portions by description, as on a final map or parcel map,
or by such other map approved by the County or by the City under
13 the provisions of the Subdivision Map Act and of City ordinances in
effect at the time of such approval, for the purposes of sale,
14 lease, or financing.
15 "Lot Line' Adjustment" shall mean a minor shift or rotation of
an existing lot line' or other adjustment where a greater or fewer
16 number of parcels than originally existed is not created.
17 "Merger" shall mean the joining of two (2) or more contiguous
parcels of land under one ownership into one (1) parcel.
18
"Parcel" See "Lot"
19
"Parcel Map" shall mean a map showing a subdivision of four
20 (4) or less parcels as required by the Subdivision Map Act and this
Chapter, prepared in accordance with the provisions of the
21 Subdivision Map Act and this Chapter and designed to be filed for
recordation in the Office of the County Recorder.
22
"Park" shall mean a parcel, or contiguous parcels of land
23 'which is owned, operated, and maintained by a public agency or
private association and which provides recreational land and
24 facilities for the benefit and enjoyment of the residents and
visitors of the City. The City of Tustin designates parks in the
25 following classifications:
26
27
28
Ordinance 1177
Page 81
1
2
"Park - Community" shall mean those parks that serve a minimum
13 population of ten thousand (10,000) and are generally eight (8)
acres in size, or more, excluding greenbelts and school grounds.
4 Typical facilities include community centers, athletic facilities,
large multi-use swimming pools, picnic areas or cultural centers.
5 "Community parks" are owned and maintained by the City and serve
residents of the entire City.
6
"Park - Neiqhborhood Private" shall mean those parks that
7 serve the immediate subdivision or development or specific
neighborhood in which they are located and are a minimum of one (1~
8 acre in size. Typical facilities include passive and active play
areas, swimming pools, spas, tennis courts and club houses.
9 "Private neighborhood parks" are owned and maintained by a
homeowner's association.
10
"Park - Neiqhborhood Public" shall mean those parks that serve
11 a minimum population of two thousand five hundred (2,500) and are
a minimum of three (3) acres in size, excluding greenbelts and
12 school grounds. Typical facilities include active and passive open
space, playground equipment, sports fields and picnic areas.
13 "Public neighborhood parks" are owned and maintained by the City
and serve residents of the entire City.
14
"Park Improvements - Extraordinary" shall mean park and
15 recreation improvements over and above those minimum improvements
· ' described in Subsection (z) above and may include, but not be
16 limited to, playground. equipment, picnic facilities, community
centers, sports fields, swimming pools, and tennis courts.
17
"Park Improvements - Minimum" shall mean any public
18 improvement as deemed necessary by the City to develop land for
park and recreation facilities, and may include, but not be limited
19 to, grading, automatic irrigation systems, adequate drainage, lawn
shrubs, trees, concrete walkways and walkway lighting.
20
"Person" shall mean any individual, firm, partnership, joint
21 venture, association, club, social club, fraternal organization,
corporation, estate, trust, business trust, receiver, syndicate,
22 the County, this and any other City or county, municipality,
district, or other political subdivision, or any other group or
23 combination acting as a unit.
24 "Planninq Commission" shall mean and refer to the Planning
Commission of the City of Tustin as established by City Ordinance.
25
"Remainder" 'shall mean that portion of an existing parcel
26 which is not designated on the required map as part of the
subdivision. The remainder shall not be considered as part of the
27 subdivision but shall be shown on the required map as part of the
area surrounding the subdivision. A remainder of five (5) acres or
28 more need not be shown on the map and its location need not be
Ordinance 1177
Page 82
1
2
indicatedas a matter of survey, but only by deed reference to the
3 existing boundaries of the remainder.
4 ,'Riqht-of-Way" shall mean a specifically defined area or strip
of land, either public or private, on which an irrevocable right of
5 passage or use has been recorded.
6 "Standard Enqineerinq Specifications" shall mean those
standard subdivision public improvement plans and specifications as
7 prepared and/or approved by the City Engineer and those standard
subdivision private improvement plans and specifications as
8 prepared and/or approved by the Director of Community Development.
9 "Stock Cooperative" shall be defined as provided in Section
1351 of the Civil Code.
10
"Street - Collector" shall mean a street, intermediate in
11 importance between a local street and either a major or secondary
thoroughfare, which has the purpose of collecting local traffic and
12 carrying it to a thoroughfare.
13 "Street - Peripheral" shall mean an existing street whose
right-of-way is contiguous to the exterior boundary of a
14 subdivision.
15 "Street - Private" shall mean any street, access way, or the
like, lying in whole or in part within a subdivision for which
16 dedication and ownership is privately held and is utilized as
access to a development. Private streets shall be constructed in
17 accordance with standard engineering specifications.
\
18
"Street - Public" shall mean any duly dedicated street,
19 avenue, or the like which the City has accepted and regularly
maintains, or which the County duly accepted and regularly
20 maintained prior to the incorporation of the City, or upon which
public funds have been expended for improvements or rights-of-way
21 used by the public generally.
22 "Subdivider" shall be as defined in the Subdivision map Act.
23 "Subdivision" shall be as defined in the Subdivision Map Act.
24 "Subdivision Map'Act" shall mean the Subdivision Map Act of
the State of California as provided in Government Code Sections
25 66410 et seq., inclusive.
26
27
28
Ordinance 1177
Page 83
1
2
Section 3 Severability.
3
If any section, subsection, sentence, clause, phrase or
4 portion of this ordinance is for any reason held out to be
invalid or unconstitutional by the decision of any court of
5 competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. The
6 City Council of the City of tustin hereby declares that it
would have adopted this ordinance and each section,
7 subsection, sentence, clause, phrase or portion thereof
irrespective of the fact that any one or more sections,
8 subsections, sentences, clauses, phrases, or portions be
declared invalid or unconstitutional.
9
PASSED AND ADOPTED by the City Council of the City of Tustin at a
10 regular meeting held on the 18th of February 1997.
13
PAMELA STOKER
15 City Clerk
16 STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
17 CITY OF TUSTIN )
18 CERTIFICATION FOR ORDINANCE NO. 1177
19 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council
of the City of Tustin, California, does hereby certify that the
20 whole number of the members of the City Council of the City of
Tustin is five; that the above and foregoing Ordinance No. 1177 was
21 duly adopted at a regular meeting of the Tustin City Council, held
on the 18th day of February, 1997.
22
COUNCILMEMBER AYES: WORLEY, THOMAS, DOYLE, SALTARELLI
23 COUNCILMEMBER NOES: NONE
COUNCILMEMBER ABSTAINED: NONE
24 COUNCILMEMBER ABSENT: POTTS
25
26
~,,~, ,
PAMELA STOKER
27 City Clerk
28