Tustin Municipal Code Part 1 Purpose, Intent and Applicability of Subdivision Code

a

Title

Article 9, Chapter 3, of the Tustin City Code is and may be cited as the Subdivision Code of the City of Tustin, hereafter referred to as "the Subdivision Code."

b

Purpose and Intent

The purpose of the Subdivision Code is to implement the Subdivision Map Act related to the division of land within or partially within the City of Tustin by establishing regulations concerning the design, improvement, and survey data of subdivisions, the form and content of all required maps provided under the Subdivision Map Act, and the procedure to be followed in securing the official approval of the City regarding the maps. To fulfill these purposes, the intent of the Subdivision Code is to:

1. Promote orderly growth and development to preserve the public health, safety and general welfare;

2. Promote open space, conservation, protection, and proper use of land; and

3. Provide for adequate traffic circulation, utilities, and other services in the City.

c

Authority and Relationship to General Plan

The Subdivision Code is enacted based upon authority vested in the City of Tustin by the State of California, including, but not limited to: the State Constitution and the Subdivision Map Act (Government Code Sections 66410 et seq.).

The Subdivision Code is a tool used by the City of Tustin to implement the goals, objectives and policies established in the Tustin General Plan.

d

Applicability of Subdivision Code

The Subdivision Code shall apply to all divisions of land within or partially within the City of Tustin, except as provided in 9312 (Exclusions from the Subdivision Code). In the event that this chapter is silent or does not address a specific subdivision issue, procedure, or requirement, the City shall defer to the provisions of the Subdivision Map Act.

Every division of land proposed within or partially within the City of Tustin shall be consistent with the Tustin General Plan, any applicable Specific Plan, Article 9, Chapter 2 (Zoning Code) and other applicable provisions of the Tustin City Code.

The type and intensity of land use as shown on the General Plan, any applicable Specific Plan, Article 9, Chapter 2, (Zoning Code), or other applicable provisions of the Tustin City Code shall determine, together with the requirements of the Subdivision Map Act and the Subdivision Code, the type of streets, roads, highways, utilities, and other public services that shall be provided by the subdivider.

e

Subdivision Manual

The Director of Community Development ("Director") shall formulate such rules, procedures and interpretations as may be necessary or convenient to administer the Subdivision Code. Such rules and procedures shall be referred to as the Tustin Subdivision Manual. The Subdivision Manual was initially adopted by the Tustin City Council (Resolution No. 98-18). The Director is hereby authorized to incorporate further amendments into the Subdivision Manual; provided such amendments are consistent with the Subdivision Map Act and this Subdivision Code.

f

Standards

All public street improvements to be installed or agreed to be installed in a subdivision shall conform to the City of Tustin's "Street Design Manual and Standard Plans." The City Engineer is hereby authorized to amend the City of Tustin's "Street Design Manual and Standard Plans," provided such amendments are consistent with this Chapter and the Subdivision Map Act.

g

Responsibility and Delegation of Authority

The following advisory agencies, as that term is used in the Subdivision Map Act, are hereby authorized to discharge and administer the duties set forth in this Subdivision Code as follows:

1. City Council. The Tustin City Council shall have the responsibility and authority to conduct public hearings, and approve, conditionally approve or disapprove any subdivision application involving multiple, interrelated discretionary actions, petitions for reversion to acreage, and Subdivision Code modifications. The City Council shall also review and uphold or deny appeals from actions taken in compliance with Section 9321.b (Authority for Subdivision Decisions) of this Code.

2. City Engineer. The City Engineer, or designee, shall be responsible for:

a) Determining if proposed subdivision improvements comply with the Subdivision Code;

b) Examining and certifying that final maps are in substantial conformance with the approved tentative maps;

c) Processing and approving subdivision public improvement plans;

d) Establishing design and construction details, standards and specifications for public improvements;

e) Preparing and approving subdivision improvement agreements;

f) Inspecting, approving and accepting subdivision public improvements;

g) Accepting dedications and conveyances of real property and interests in real property offered at no cost to the City: and,

h) Amending the City of Tustin's "Street Design Manual and Standard Plans."

3. Director of Community Development. The Director of Community Development, or designee, shall be responsible for:

a) Processing of tentative maps, final maps, reversion to acreage maps, and amended maps;

b) Establishing design and construction standards for private improvements;

c) Processing and approving subdivision private improvement plans;

d) Processing and approving proposed street names;

e) Inspecting, approving and accepting subdivision private improvements.

f) Processing and approving, conditionally approving, or disapproving lot line adjustments, parcel mergers, final maps, certificates of compliance and requests for extension of a tentative map, and the waiver of the Subdivision Code; and,

g) Interpreting all provisions of the Subdivision Code.

4. Director of Parks and Recreation. The Director of Parks and Recreation, or designee, shall be responsible for determining if the proposed park land dedications and/or recreation improvements related to a subdivision comply with the Subdivision Code.

5. Planning Commission. The Planning Commission shall approve, conditionally approve, or disapprove tentative maps, and review and recommend to the City Council actions, findings and conditions pertinent to the application for a division of land, any subdivision application involving multiple interrelated discretionary actions, and review and uphold or deny appeals from actions taken in compliance with 9321.b (Authority for Subdivision Decisions).

(Ord. No. 1430, Sec. 2, 9-17-13)

Those activities identified in Sections 66412 (except subsection (d) related to Lot Line Adjustments), 66412.1, 66412.2, 66412.5, 66412.6 or 66426.5 of the Subdivision Map Act shall be excluded from the requirements of the Subdivision Code.

(Ord. No. 1430, Sec. 2, 9-17-13)

a

Waiver of Tentative Map Requirements

Any subdivider may, upon formal application, request the waiver of one or more of the requirements for a tentative or final map for the following activities:

1. Division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees.

2. Divisions of real property resulting from the conveyance of land or any interest therein to or from the City, public entity or public utility for a public purpose, such as school sites, public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage, etc.

3. The unmerger, in accordance with the Subdivision Map Act and the Subdivision Code, of real property which has been merged pursuant to the Subdivision Code, the Subdivision Map Act or any prior ordinance of the City.

4. Where tenants purchase a mobile home park subject to the provisions of Section 66428.1 of the Subdivision Map Act.

b

Waiver Findings

After the waiver application is deemed complete pursuant to Government Code Section 65943, the Director shall approve or deny the application within 50 calendar days. The requirements for a tentative map or final map shall not be waived, in whole or in part, unless the Director makes a finding that the proposed division of land complies with requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act, the Subdivision Code and the Tustin General Plan, any applicable Specific Plan, Article g, Chapter 2 (Zoning Code) and other applicable provisions of the Code. The subdivider shall have the right to appeal the decision to the Tustin Planning Commission in compliance with 9321.h (Appeals).

c

Certificate of Compliance Required

The Director shall file with the County Recorder a Certificate of Compliance for the land to be divided, in compliance with 9333.c (Certificate of Compliance), and a plat map showing the division. The certificate of compliance shall include documentation by the County Tax Collector in compliance with 9325.b.5 (Tax Certificate).

If the application for a Certificate of Compliance is filed over one (1) year following the Determination of Compliance, the application for a Certificate of Compliance shall be accompanied by the current vesting deed(s) and such other information as may be required to ascertain the status of each parcel included in the application, as well as a map drawn to an engineer's scale of the subject property with dimensions showing the location and use of all structures on the property and all streets adjacent to and providing access to the property. The application shall not be considered as complete until all the application documents, including the vesting deed(s) and map have been received together with the processing fee.

Conditions may be imposed to provide for, among other things, payment by the subdivider of parkland dedication, drainage, and other fees that are permitted under the Subdivision Code, the Subdivision Map Act, or other relevant law.

The decision of the Director shall be considered final unless an appeal is filed in compliance with 9321.h (Appeals).

(Ord. No. 1430, Sec. 2, 9-17-13)

A subdivider may request a modification to any Subdivision Code regulation or requirement, consistent with the following application procedures and findings. This modification procedure shall not apply to modifications of Zoning Code requirements.

a

Application

An application for a modification shall be made by the subdivider on forms and with such fees or deposits as may be prescribed by the Department or by resolution adopted by the City Council. The application shall set forth the nature and extent of the requested modification, the grounds of the application and the facts relied upon by the applicant for the request for a modification and be accompanied by a written statement identifying the special grounds or circumstances that will enable the required findings to be made.

b

Required findings for approval

An application for a modification shall be considered by the City Council concurrently with the application for a tentative map, vesting tentative map, or other application, following receipt of a recommendation on the matter from the Planning Commission. To the extent that provisions of the Subdivision Code conform to the Subdivision Map Act, they may not be waived. In approving or conditionally approving a modification of the regulations or requirements included in this chapter, the City Council shall make the following findings:

1. Because the land involved in the subdivision is of an unusual size or shape; or is subject to title limitations of record that effect or limit its development; or is affected by topographical location or condition of land involved that affects its development; or the use to which the land involved will be devoted requires the modification, it is impossible or impracticable for the subdivider to conform fully to the regulations contained in this chapter.

2. The subdivision is in conformity with the Subdivision Map Act, the General Plan, any applicable Specific Plan, Article 9, Chapter 2 (Zoning Code), and other applicable provisions of the Code.

(Ord. No. 1430, Sec. 2, 9-17-13)