Tustin Municipal Code Part 2 Subdivision Processing

a

Introduction

This part provides standard procedures and requirements for the preparation, filing and processing of applications for divisions of land required by the Subdivision Code.

b

Authority for Subdivision Decisions

Table 2-1 (Review Authority) identifies the City official or body responsible for reviewing and making decisions on each type of application for divisions of land required by the Subdivision Code.

Table 2-1 Review Authority

1 The Planning Commission's decision may be appealed to the Council.

2 The Planning Commission shall make recommendations to the City Council.

3 Tentative Parcels Maps for Urban Lot Splits shall be processed and approved ministerially per Government Code 66411.7 and Section 9329.

(Ord. No. 1523, Sec. 3, 8-16-22)

c

Application Filing and Fees

Applications for divisions of land shall be processed in compliance with this section and the City's Subdivision Manual.

1. Application Contents. Applications for divisions of land shall be filed with the Department. An application shall be considered complete when:

a) All necessary forms, materials and exhibits as identified in the City's Subdivision Manual have been provided and accepted as adequate; and,

b) All necessary application fees and/or deposits have been accepted.

The tentative map, final map and other drawings which are to be ultimately recorded shall be prepared by a registered civil engineer or licensed land surveyor. The maps and exhibits shall be clearly drawn and contain the necessary information as determined by the Department. The Department may also require additional materials, exhibits, data or information determined necessary to accomplish the purposes of the Subdivision Map Act and/or the Subdivision Code.

2. Eligibility for Filing. Applications may be made by the owner(s) of the subject property or by any other person, with the written consent of the property owner.

d

Initial Application Review/Environmental Assessment

Processing of any submitted application will not commence until after all required information is received and accepted and the Department confirms that the application is complete. All applications filed with the Department in compliance with the Subdivision Code and the City's Subdivision Manual shall be initially processed as follows:

1. Review for Completeness. The Department shall review all applications for accuracy before they are accepted as being complete.

a) Notification of Applicant. The applicant shall be informed, as required by the Government Code, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in a letter, must be provided.

b) Environmental Information. The Department may require the applicant to submit such additional information as may be deemed reasonably necessary for environmental review of the project in compliance with 9321.d.3 (Environmental Assessment) and the California Environmental Quality Act (CEQA).

c) Expiration of Application. If a pending application is not capable of being deemed complete within six (6) months after the first filing with the Department, the application shall be deemed withdrawn unless an extension is granted by the Director. A new application, including fees, plans, exhibits and other materials, will be required to commence processing of any subdivision on the same property.

2. Referral of Application. At the discretion of the Director, or where otherwise required by the Subdivision Map Act, any application filed may be referred to any public agency that may be affected or have an interest in the proposed subdivision.

3. Environmental Assessment. Once the application is determined to be complete, all subdivision applications shall be reviewed as required by CEQA to determine whether the proposed subdivision is exempt from the requirements or is not a project as defined by CEQA, whether the proposed subdivision is covered by previous environmental documents, whether a Negative Declaration may be issued, or whether an Environmental Impact Report shall be required. These determinations and, where required, the preparation of environmental documents shall be in compliance with CEQA and other guidelines established by the Department.

e

Concurrent Processing

When a proposed division of land or decision body action requires more than one land use approval, all applications shall be processed concurrently as interrelated permits for a project and shall not be bifurcated unless otherwise authorized by the Director upon the request of the applicant. The highest designated decision body for all such applications shall take final action on the multiple applications. For example, any division of land determined by the Department to be inconsistent with the General Plan would require concurrent consideration of an application to eliminate the inconsistency.

f

Notice of Public Hearing

With five (5) days of determining a tentative parcel or tentative tract map application complete, the Department shall:

1. Send notice and a copy of the tentative parcel or tentative tract map to the affected public agencies and utilities which may, in turn, forward to the Department their findings and recommendations. The agency or utility may send a written report to the Planning Commission. The report shall indicate the impact of the proposed subdivision on the agency or utility and shall make recommendations as deemed appropriate. If a written report is made by an agency or utility, such report may be returned to the City within fifteen (15) days of receipt of the proposed tentative map. In the event that an agency or utility fails to respond within the 15-day period, such failure to respond shall be deemed approval of the proposed subdivision by the agency or utility; and

2. Send a notice and a copy of the tentative parcel or tentative tract map application by certified mail to the governing board of the affected public School Districts. The notice shall contain information about the location of the proposed subdivision, the number of units, density, and any other information which would be relevant to the affected School District(s). The governing board(s) of the affected School District(s) may review the notice and may send a written report to the Planning Commission. The report shall indicate the impact of the proposed subdivision on the affected public School District and may make such recommendations as the governing board of the affected School District(s) deems appropriate. If a written report is made by the governing board, such report shall be returned to the City within fifteen (15) days of receipt of the proposed tentative map. In the event that the District fails to respond within the 15-day period, such failure to respond shall be deemed approval of the proposed subdivision by the affected public School Districts.

Whenever a public hearing or meeting is scheduled to be held pursuant to this chapter, notice of the time and place thereof, including a general description of the location of the proposed subdivision; the identity of the hearing body; and a general explanation of the matter to be considered, shall be given at least 10 calendar days before the hearing in accordance with the provisions of the City's Subdivision Manual and Government Code Sections 65090 and 65091.

A proposed conversion of residential real property to a condominium, community apartment, or stock cooperative project shall be noticed in accordance with Sections 66452.17 through 66452.20 of the Subdivision Map Act.

Additional noticing time as specified may be required to comply with noticing requirements of the California Environmental Quality Act. In the event of a conflict between required noticing times, the longer time shall be given.

The Department may give such other notice that it deems necessary or advisable. Substantial compliance with these provisions for notice shall be sufficient, and a technical failure to comply shall not affect the validity of any action taken according to the procedures in the Subdivision Code.

The decision body shall consider any input received from any interested party, including any reports from affected agencies, utilities or School Districts prior to approving, conditionally approving, or disapproving an application for division of land. Notwithstanding the foregoing, it should be noted that the Subdivision Map Act or other state codes may require additional notice for certain applications.

g

Public Hearings

Whenever a public hearing is required by the Subdivision Code, and the application for subdivision and any environmental review has been determined to be complete, and the application has been determined to be in compliance with this Code, all other applicable Codes, Specific Plans, General Plan and the City of Tustin's "Standard Drawings and Improvement Design Standards," in effect as of the filing date, or that includes application(s) that propose actions that, if approved by the decision body, would correct any noncompliance, the Department shall set the time, date, and place of the public hearing before the decision body in accordance with the deadlines for action provided in this Code.

h

Appeals

The subdivider, or any other interested party, may appeal any action of the decision body to the appeal body as identified in 9321.b (Authority for Subdivision Decisions). Appeals shall be filed with the City Clerk during normal business hours within 10 calendar days of the date of the decision and be accompanied by a deposit or fee as required by City Council resolution or ordinance. All appeals shall be made in writing and shall specify the decision appealed from, the specific action or relief sought by the appellant in the appeal, and reasons why the action taken by the decision body should be modified or reversed. Timely filing of a written appeal shall automatically stay all actions and put in abeyance all approvals or permits which may have been granted; and neither the applicant nor any enforcing agency may rely upon the decision, approval, or denial or other action appealed from, until the appeal has been resolved. Failure to file a written appeal in accordance with this subsection shall constitute a waiver thereof.

The appeal shall be scheduled for consideration by the appropriate appeal body identified in 9321.b (Authority for Subdivision Decisions) within thirty (30) days of receipt of an appeal, with the same noticing as required by Section 9321.g (Public Hearings), unless otherwise mutually agreed upon by the Director and the Property Owner/Applicant. If there is no regular meeting of the appropriate appeal body within the next 30 days for which notice can be given pursuant to Section 9321.f, the appeal may be heard at the next regular meeting for which notice can be given, or within 60 days from the date of the receipt of the request, whichever period is shorter. The hearing shall be de novo and the appeal body may approve, approve with conditions, or disapprove the matter in accordance with this Code or remand the matter to the decision body for further proceedings in accordance with directions of the appeal body. A decision of the City Council on such appeal shall be final.

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

a

Purpose and Applicability

The purpose of this section is to provide for the submittal and processing of a complete application in compliance with subsection 9321.c (application filing and fees) for a lot line adjustment of four or fewer adjacent parcels in a manner so that any land taken from one parcel will be added to an adjoining parcel in compliance with the Subdivision Map Act.

b

Application Processing and Review

Each application shall be analyzed by the Department to ensure that the application is consistent with the purpose and intent of this section, the Subdivision Map Act and the City's Subdivision Manual.

1. Application review shall be limited to a determination of the following:

a) Four or fewer existing, adjoining parcels are involved;

b) No greater number of parcels will result from the lot line adjustment;

c) The parcels resulting from the lot line adjustment will conform to the Tustin General Plan, and any applicable specific plan, zoning and building ordinances.

2. No conditions or exactions shall be imposed on the approval of a lot line adjustment except to conform the proposal to the City's General Plan, zoning and building ordinances, and/or to require the prepayment of real property taxes prior to the approval of the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure or easements.

3. No tentative or final map shall be required as a condition to the approval of a lot line adjustment.

4. No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code.

c

Decision

Upon determining that a complete application has been submitted and that the application complies with the Subdivision Map Act, Subdivision Code and Subdivision Manual, the Director shall approve, conditionally approve or disapprove the proposed lot line adjustment.

An approved lot line adjustment shall be reflected in a deed, which shall be recorded with the office of the County Recorder in accordance with the provisions of Section 66412(d) of the Government Code. If a Record of Survey is prepared and filed, a Certificate of Compliance shall also be recorded.

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

a

Purpose

The purpose of this section is to provide for the submittal and processing of a complete application in compliance with subsection 9321.c (Application Filing and Fees) for tentative maps for the subdivision of land in compliance with the Subdivision Map Act, all applicable zoning regulations, the Subdivision Code, and the Subdivision Manual.

b

Applicability and Requirements

Each application shall be consistent with the provisions of this section and the Subdivision Map Act, Subdivision Code and the City's Subdivision Manual. Proposed divisions of land shall comply with the following requirements:

1. Divisions of Land; Four or Less Parcels: Tentative Parcel Map Requirements.

a) A tentative parcel map shall be required for all subdivisions creating four (4) or less parcels or where:

(1) The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the City;

(2) Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street or highway;

(3) The land consists of a parcel or parcels of land having approved access to a public street or highway, which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the City as to street alignments and widths;

(4) Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter of a quarter section; or

(5) The land being subdivided is solely for the creation of any environmental subdivision pursuant to Section 66418.2 of the Subdivision Map Act.

b) A tentative parcel map shall not be required for the following:

(1) Subdivisions of a portion of the operating right-of-way of a railroad corporation, as defined by Section 230 of the State Public Utilities Code, that are created by short-term leases (terminable by either party on not more than 30 calendar days' notice in writing).

(2) Land conveyed to or from a governmental agency, public entity or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a finding is made by the Director in individual cases, upon substantial evidence, that public policy necessitates a parcel map.

For purposes of this subsection, land conveyed to or from a governmental agency shall include a fee interest, an easement or a license.

2. Division of Land; Five or More Parcels: Tentative Tract Map Requirements.

a) A tentative tract map shall be required for all subdivisions creating five (5) or more parcels, five (5) or more condominiums as defined in Section 783 of the California Civil Code, a community apartment project containing five (5) or more parcels, or for the conversion of a dwelling to a stock cooperative containing five (5) or more dwelling units, except where a parcel map is required pursuant to Section 9323b.1 of this Code.

b) A tentative tract map shall not be required for the following:

(1) The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks.

(2) Mineral, oil, or gas leases.

(3) Land dedicated for cemetery purposes under the Health and Safety Code.

(4) The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit, or similar right on a portion of a parcel, to a telephone corporation as defined in Section 234 of the Public Utilities Code, exclusively for the placement and operation of cellular radio transmission facilities, including, but not limited to, antennae support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources and other equipment incidental to the transmission of cellular communications, if the project is subject to discretionary action by the advisory agency or legislative body.

(5) Leases of agricultural land for agricultural purposes. As used in this subdivision, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock.

(6) The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other local agency ordinances regulating design and improvement.

(7) The financing or leasing of existing separate commercial or industrial buildings on a single parcel.

(8) The construction, financing or leasing of dwelling units pursuant to Section 65852.1 or second units pursuant to Section 65852.2, but this Section shall be applicable to the sale or transfer, but not leasing, of those units. Subdivisions of four parcels or less for construction of removable commercial buildings having a floor area of less than 100 square feet. (California Government Code Sections 66412,66412.1,66412.2 and 66412.5.)

c

Application Processing and Review

A complete application for a tentative map shall be filed with the Department in compliance with 9321.c (Application Filing and Fees). Each application shall be analyzed by the Department to ensure that the application is consistent with the purpose and intent of the requirements of the Subdivision Map Act, Subdivision Code, Subdivision Manual, Tustin General Plan, any applicable Specific Plan, Article 9, Chapter 2, (Zoning Code) and other applicable provisions of the Tustin City Code and state law.

1. Tentative map applications shall be determined to be complete by the Department only when:

a) All necessary application forms, materials and exhibits as established by the Department are accepted as adequate;

b) A preliminary soils, geology and seismicity report prepared in accordance with the California Building Code and City's Grading Manual is accepted as adequate, except for subdivision for finance and conveyance purposes only;

c) A preliminary title report showing the legal owners and any encumbrances and easements is accepted as adequate by the City Engineer. Said title report shall be current within three (3) weeks of the submittal of the final map and be updated every six (6) months from the date of the original submittal until final action on the application is taken;

d) All necessary determinations and documents to comply with the California Environmental Quality Act have been certified or adopted; and

e) All fees and/or deposits have been submitted and accepted.

2. Tentative maps shall be considered by the Planning Commission in compliance with 9321.b (Authority for Subdivision Decisions), with a noticed public hearing, except Tentative Parcel Maps for Urban Lot Splits, which shall be considered ministerially per Government Code 66411.7 and Section 9329. (Ord. No. 1523, Sec. 4, 8-16-22)

3. Tentative map applications which the Department determines are eligible for categorical exemption from CEQA, or which will rely upon a previously certified environmental impact report, shall be reviewed and acted upon by the Planning Commission within 50 calendar days of the date when the Department has determined the application complete.

4. Tentative map applications which the Department determines to be complete but that require the preparation of an environmental document in compliance with CEQA shall be reviewed and acted upon by the Planning Commission in conjunction with the environmental document, except that the Planning Commission shall provide a recommendation for applications involving multiple, interrelated discretionary actions.

5. The Planning Commission shall, after a public hearing, approve, conditionally approve, or disapprove a tentative map supported by the following findings:

a) The proposed map is consistent with the Tustin General Plan or any applicable specific plan, the Zoning Code, this chapter, the Subdivision Map Act, and other applicable provisions of the Tustin City Code.

b) The design or improvement of the proposed subdivision is consistent with the Tustin General Plan or any applicable specific plan, the Zoning Code and other applicable provisions of the Tustin City Code.

c) The site is physically suitable for the proposed type and density of development.

d) The design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. However, the City Council may approve or conditionally approve a tentative map even if it is unable to make this finding if an environmental impact report was prepared for the project, and a finding was made that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report that would mitigate damage to the environment or to fish and wildlife and their habitat.

e) The design of the subdivision or the type of improvements will not cause serious public health problems.

f) The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection the City Council may approve the map if it finds that alternative easements for access through, or for use of, the property will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction.

g) The waste discharge from the proposed subdivision into a community sewer system will not result in or add to violations of existing requirements prescribed by the Regional Water Quality Control Board.

h) Corrective measures have been proposed by a civil engineer registered by the State if the preliminary soils report identifies the existence of critically expansive soils or other soils problems which, if not corrected would lead to structural defects within the subdivision. No building permit shall be issued for the construction of any building or structure within the subdivision which has been found to contain critically expansive or defective soils unless the approved corrective measure is incorporated in the construction plans.

i) Any tentative map where residential development of more than 500 dwelling units is proposed shall include a finding indicating, or a condition requiring, confirmation that a sufficient water supply is available, based on the submittal to the City of a written verification of a "Sufficient Water Supply" as that term is defined in Section 66473.7 of the Subdivision Map Act, from the applicable public water utility provider, or that the proposed subdivision is exempted by Section 66473.7(i) of the Subdivision Map Act from providing said verification.

In the event that one or more of the findings included in this section cannot be made to support approval or conditional approval of the tentative map, the Planning Commission shall disapprove the tentative map except when the subdivider files a tentative map concurrently with an interrelated land use application (i.e., zone change, general plan amendment, etc.) intended to make the development proposal consistent with the above findings, whereupon the Planning Commission shall provide a recommendation to the City Council.

As a condition of approval of a subdivision map, the subdivider may be required to dedicate or make an irrevocable offer of dedication to the public, through the appropriate public agency, of all real property both on- and off-site as required for public use or benefit. Any condition requiring dedication shall specify whether the real property shall be dedicated by easement or in fee title, as identified in Section 9331 of this Code and shall also be so identified upon the tentative map and final map.

The Planning Commission's action on the tentative map shall be final unless appealed, except that the Planning Commission shall provide a recommendation for applications involving multiple, interrelated discretionary actions to the City Council at a public hearing to be held within 30 calendar days of the Commission's action. Noticing of the public hearing shall be given in compliance with 9321.g (Public Hearings). All applicable time frames for the Commission to recommend on the tentative map application specified by the Subdivision Map Act, the Subdivision Code, or other relevant law, may be extended by mutual consent of the subdivider and the Commission.

The decision making body shall take action, after a public hearing, to approve, approve with conditions or disapprove the tentative map. If the decision making body does not approve, conditionally approve or disapprove the tentative map within the time limits specified in this section, or any authorized extension thereof, the tentative map as filed, shall be deemed to be approved, insofar as it complies with other applicable requirements of the Subdivision Map Act, the Subdivision Code and the City's Subdivision Manual, and it shall be the duty of the City Clerk to certify its approval. All applicable time frames for the decision making body to act on the tentative map application specified by the Subdivision Map Act, the Subdivision Code, or other relevant law, may be extended by mutual consent of the subdivider and the decision making body.

d

Findings and Decision

The decision making body shall record its decision in writing with the findings upon which the decision is based. The City Council may approve an application for a tentative map, with or without conditions, supported by the findings required by Section 9323c, the Subdivision Map Act and by the findings required by the California Environmental Quality Act. The decision making body may require, as a condition of its approval that the payment by the subdivider of all development fees required to be paid be made at the rate for such fees in effect at the time of permit issuance.

e

Post Approval Procedures

1. Appeals. The decision of the Planning Commission may be appealed to the Tustin City Council pursuant to Section 9321h. The decision of the City Council is final.

2. Expirations. The approval of a tentative map shall expire within twenty-four (24) months after its approval or conditional approval, or after any extension of period of time not to exceed an additional twelve (12) months, or such other period as may be authorized by State Law. Prior to the expiration of said period, or any extension granted pursuant to this section, the subdivider shall cause the subdivision, or any part thereof, to be surveyed, and a final map to be prepared in accordance with the tentative map as approved, and filed in accordance with Government Code Section 66456 et seq.

3. Extensions. The subdivider may request an extension of the expiration date of the approved or conditionally approved tentative map by filing a written request with the Department and paying applicable fees as established by City Council resolution. The filing of such application automatically extends the map until the extension is acted on. The Director shall determine whether sufficient evidence was provided in the application that there are no changed circumstances and/or that the subdivider has made a good faith effort to establish the subdivision. Extension(s) not exceeding an aggregate total of 36 months may be approved, conditionally approved or disapproved. No extension shall be granted that would extend the tentative map more than six years beyond the date of the resolution adopted by the decision making body approving or conditionally approving the tentative map unless otherwise authorized by State Law. As a condition to granting an extension of time, the Director or, upon appeal, the City Council may require compliance with any additional requirements deemed necessary to carry out the spirit and intent of this Subdivision Code. The period of extension specified in this section shall be in addition to any extension authorized by Government Code Section 66452.6(a). The subdivider may appeal the decision of the Director if filed with the City Clerk within 15 calendar days of the date of the action.

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

a

Purpose

The purpose of this section is to provide for the submittal and processing of a complete application for vesting tentative parcel and tract maps for the subdivision of land in compliance with the Subdivision Map Act, the Subdivision Code, and the City's Subdivision Manual.

b

Applicability, Filing and Processing

Whenever a provision of the Subdivision Map Act or the Subdivision Code requires or authorizes the filing of a tentative map, a vesting tentative map may be filed instead, in accordance with the provisions herein. The filing of a vesting tentative map, as opposed to a tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

Except as provided in this section, a vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in Section 9323 and shall have printed conspicuously on its face the words "Vesting Tentative Map."

c

Rights of a Vesting Tentative Map

1. Subject to the time limits established by Section 9323 of this Code, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards as described in Section 66474.2 of the Subdivision Map Act. However, if Section 66474.2 is repealed, the approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.

2. A permit, approval, extension, or entitlement sought after approval of a vesting tentative map may be conditioned or denied if any of the following are determined:

a) A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both; or

b) The condition or denial is required to comply with state or federal law.

3. The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map. If the final map is approved, these rights shall last for the following periods of time:

a) An initial time period of one (1) year beyond the recording of the final map. When several final maps are recorded on various phases of a project covered by a single vesting tentative map, the one (1) year initial time period shall begin for each phase when the final map for that phase is recorded. All of the said final maps must be recorded within the time period set forth in Section 9323.f. (Post Approval Procedures) or the vesting tentative map approval shall expire for those parcels for which final maps are not timely recorded.

b) The one (1) year initial time period shall be automatically extended by any time used for processing a complete application for a grading permit or for design review, if the time used by the City to process the application exceeds 30 calendar days from the date that a complete application is filed. At any time prior to the expiration of the one (1) year initial time period, the subdivider may apply for a one-year extension. The Director shall approve, conditionally approve or deny the request. The subdivider may appeal the decision of the Director, if filed with the City Clerk within 15 calendar days of the date of the action.

c) If the subdivider submits a complete application for a building permit prior to the expiration of the vesting tentative map, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

4. An approved vesting tentative map shall not limit the City from imposing reasonable conditions on subsequent required approvals or permits necessary for the development in accordance with subdivision c(2) of this section.

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

a

Purpose

The purpose of this section is to provide for the submittal and processing of final maps in compliance with Subdivision Map Act and the Subdivision Code.

b

Requirements

An application for a final map may be filed with the Department in compliance with 9321.c (Application Filing and Fees). The final map shall be prepared in a manner acceptable to the City Engineer and shall contain the information identified in the Professional Land Surveyor's Act, Subdivision Map Act, the Subdivision Code, and the City's Subdivision Manual, unless waived by the Director.

Final map submittals shall be accompanied by the following data and reports. The Director, City Engineer or City Attorney may also require additional materials, exhibits, data or information as deemed necessary to accomplish the purposes of the Subdivision Map Act, Subdivision Code, and Subdivision Manual. Final map applications shall be determined to be complete by the Director, only when the following actions have been completed:

1. Applications Forms. All necessary application forms, materials and exhibits identified in the City's Subdivision Manual (including a formal "Owner's Consent" form are accepted by the Department as complete;

2. Improvement Plans. The subdivider has either completed the required improvements, or entered into an agreement with the City committing to do the required improvements, as required by Section 9332 (Improvements) of this code and by conditions of the tentative map;

3. Title Report. The subdivider has submitted a certificate of title, a policy of title insurance, or title guarantee issued by a title company authorized by the laws of the State to write the same, showing the names of all persons having any record title interest in the land to be subdivided, together with the nature of their respective interests therein accepted as adequate by the Department. Said title report shall be current within three (3) weeks of the submittal of the final map and be updated every year unless otherwise requested by the Director from the date of the original submittal until final action on the application is taken;

4. Survey. Final Maps shall be based on a field survey in conformity with the Professional Land Surveyor's Act. The survey of the land to be subdivided shall be made by a registered civil engineer authorized to practice land surveying or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the final map shall not exceed 1/10,000 for field closures and 1/20,000 for calculated closures.

At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 8771 of the Business and Professions Code so that another engineer or surveyor may readily retrace the survey. At least one (1) exterior boundary line shall be monumented prior to recording the final map. Other monuments shall be set prior to recording as required by the City Engineer.

5. Tax Certificate. The subdivider has submitted a certificate from the County Tax Collector stating that all taxes or special assessments collected as taxes due have been paid or that a tax bond or other adequate form of security assuring payment of all taxes or special assessments which are a lien but not yet payable has been filed with the County;

6. Dedications and Easements. All dedications or easements have been made by certificate on the final map unless use of a separate instrument for such dedication has been approved by the City Engineer. Deeds for off-site easements or rights-of-way required for road or drainage purposes which have not been dedicated on the final rights of entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the facility have been accepted as adequate;

7. Traverse Closures. Traverse closures for the boundary blocks, lots, easements, street centerlines and monument lines have been accepted as adequate;

8. Governing Documents. For a common interest development within the meaning of Sections 1350 et seq. of the State Civil Code, conditions and restrictions containing the provisions described in Section 1353 of the Civil Code, and all other governing documents for the subdivision as are appropriate pursuant to Section 1363 of the Civil Code have been provided. All subdivisions other than a common interest development shall include any Declaration of Covenants, Conditions and Restrictions proposed in connection therewith. All documents shall be subject to review and approval by the Director of Community Development and City Attorney;

9. Guarantee of Title. A guarantee of title, in a form acceptable to the City Attorney, has been issued by a competent title company to and for the benefit and protection of the City, which shall be maintained complete up to the instant of recording of the final map, guaranteeing that the names of all persons who consent is necessary to pass a clear title to the land being subdivided, and all public easements being offered for dedications, and all acknowledgements thereto, appear on the proper certificates and are correctly shown on the map, both as to consents as to the making thereof and affidavits of dedication where necessary;

10. Improvement Agreement. In the event sewer, water, drainage, grading, paving, or other required improvements have not been completed prior to the presentation of the final map, an agreement has been filed for the improvement thereof and accepted as adequate;

11. Prior to recordation of a final map, street names shall be identified and approved by the Director in accordance with the Subdivision Manual.

12. In addition to the normal full size plan submittal, the approved version of all final maps shall be submitted in computer aided design and drafting (CADD) format consistent with CADD conventions and guidelines established by the City Engineer.

13. Liability Agreement and Insurance. A hold-harmless agreement obligating the subdivider to hold the City and its officers, agents and employees harmless from any liability for damages or claims for damages for personal injury or death to any person, and for injury to property which arise from the operations of the subdivider and/or the subdivider's subcontractors in connection with the subdivision has been filed and accepted by the City. A certificate of insurance reporting to the City the amount of insurance the subdivider carries for the subdividers' own liability for damages or claims for damages for personal injury or death to any person, and for injury to property which arise from the operations of the subdivider or subcontractors in connection with the subdivision naming the City as an additional insured has been filed and accepted by the City. The agreement and certificate required by this subsection shall be subject to prior review and approval by the City Engineer and City Attorney;

14. Fees and Deposits. All fees and/or deposits have been submitted and accepted; and

15. Corrections. Any and all corrections and/or additions to the final map have been made and are acceptable to the City Engineer.

c

Multiple Final Maps

Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if the subdivider, at the time the tentative map application is filed, notifies the Director of Community Development in writing of the subdivider's intention to file multiple final maps on the tentative map. In providing the notice, the subdivider shall not be required to define the number or configuration of the proposed multiple maps. If the subdivider did not provide written notice of its intent to file multiple final maps at the time of the tentative map application was filed, multiple final maps may only be filed with the concurrence of the Director. The right of the subdivider to file multiple final maps shall not limit the City's authority to impose reasonable conditions relating to the filing of multiple maps. Each final map which constitutes a part, or unit, of the approved or conditionally approved tentative map shall have a separate subdivision number. The subdivision improvement agreement executed by the subdivider shall provide for the construction of improvements as required to constitute a logical and orderly development of the whole subdivision.

d

Application Processing, Review and Approval

Each application shall be analyzed by the Department to ensure that the application is consistent with the purpose and intent of the Subdivision Map Act, the Subdivision Code, the Subdivision Manual, and any conditions of approval of the tentative map. Upon determination of a complete final map the Director shall approve or disapprove the final map within the time frames established by the Subdivision Map Act. The Director shall record the decision in writing with the findings upon which the decision is based. An approval shall be based upon a finding that the final map is in substantial compliance with the requirements of the Subdivision Map Act, the Subdivision Code, the tentative map and all conditions thereof.

In conjunction with Director approval of a final map, the City Engineer shall have the authority to accept, accept subject to improvement, or reject any offer of dedication. If at the time the final map is approved, any streets, paths, alleys, public utility easements, rights-of-way for local transit facilities, or storm drainage easements are not accepted by the City Engineer, the offer of dedication shall remain open and the City Engineer may at any later date, and without further action by the subdivider, rescind the action and accept and open the streets, paths, alleys, rights-of-way for local transit facilities, or storm drainage easements, which acceptance shall be recorded in the office of the County Recorder.

The City Engineer is also authorized to accept any dedications lying outside the subdivision boundary which requires a separate grant deed. The acceptance shall be recorded in the office of the County Recorder.

e

Post Approval Procedures

1. City Engineer Signature. The subdivider shall submit to the City Engineer the original map and any duplicates per County requirements, corrected to its final form and signed by all parties required to execute the certificates on the map. Original signatures shall appear on the original drawing and on the blueline duplicate. Upon receipt of all required certificates and submittals, the City Engineer shall sign the appropriate certificates and transmit the original map to the County Recorder.

2. Filing with the County Recorder. Upon approval of the final map by the Director, and signature by the City Engineer, the City Clerk shall execute the appropriate certificate on the certificate sheet and shall, subject to the provisions of Section 66464 of the Subdivision Map Act, transmit the map, or have an authorized agent forward the map, to the County Recorder. After recordation of the final map, the subdivider shall forward one electronic copy in PDF (portable document format) of the recorded final map to the City Engineer.

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

a

Purpose

The purpose of this section is to provide for the submittal and processing of subdivided property reverted to acreage pursuant to the provisions the Subdivision Map Act, the Subdivision Code, and the Subdivision Manual. This section shall apply to final maps.

Subdivisions may also be merged and resubdivided without reverting to acreage pursuant to Section 66499.20-½ of the Subdivision Map Act and the Subdivision Code.

b

Initiation of Proceedings.

Proceedings to revert subdivided property to acreage may be initiated by resolution of the City Council or with the submission of a formal application by all of the owners of record of the property.

c

Applicability and Requirements

A complete application shall be submitted to the Department that shall contain the information required by the City's Subdivision Manual and any other information deemed necessary by the Director or City Engineer to initiate and conduct the proceedings.

d

Application Processing

A complete application for a reversion to acreage shall be scheduled for a public hearing before the Council following receipt of a recommendation on the matter by the Planning Commission. Noticing of the public hearing will be given in compliance with 9321.g (Public Hearings).

e

Findings and Decision

The Council shall record its decision in writing with the findings upon which the decision is based. The Council may approve the reversion to acreage, with or without conditions, supported by the findings required by Section 66499.16 of the Subdivision Map Act. The Council shall require as conditions of the reversion:

1. Dedication or offers of dedication for streets, public rights-of-way or easements necessary to accomplish the purposes of the Subdivision Code;

2. The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if the same are necessary to accomplish any of the purposes or provisions of the Subdivision Map Act or the Subdivision Code; and,

3. Such other conditions as are necessary to accomplish the purposes or provisions of the Subdivision Map Act or the Subdivision Code or necessary to protect the public health, safety or welfare.

f

Post Approval Procedures

1. City Engineer Signature. The subdivider shall submit to the City Engineer the original tracing of the map and any duplicates per County requirements, corrected to its final form and signed by all parties required to execute the certificates on the map. Original signatures shall appear on the original drawing and on the blue line duplicate. Upon receipt of all required certificates and submittals, the City Engineer shall sign the appropriate certificates and transmit the original map to the City Clerk. When reversion becomes effective, all fees and deposits not retained per Section 9326.e (Findings and Decision) must be returned.

2. Filing with the County Recorder. Upon approval of the final map by the Council, and signature by the City Engineer, the City Clerk shall execute the appropriate certificate on the certificate sheet and shall, subject to the provisions of Section 66464 of the Subdivision Map Act, transmit the map, or have an authorized agent forward the map, to the County Recorder.

(Ord. No. 1430, Sec. 2, 9-17-18)

a

Purpose

The purpose of this section is to provide for the submittal and processing of a complete application for parcels to be merged in accordance with the Subdivision Map Act, the Subdivision Code, and the City's Subdivision Manual.

b

Applicability

Except as provided in Section 66451.11(b)(A) through (E), of the Subdivision Map Act, two (2) or more contiguous parcels or units of land held by the same owner may be merged, if any one of the parcels or units of land does not conform to the minimum parcel or lot size required by the City's Zoning Code and that the merger is otherwise consistent with the purposes of the Subdivision Code, the Zoning Code, and the general plan, and if all of the following requirements are satisfied:

1. At least one (1) of the affected parcels or units of land is undeveloped with any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure other than an accessory structure which is also partially sited on a contiguous parcel or unit of land.

2. With respect to any affected parcel or unit of land, one (1) or more of the following conditions exists:

a) The parcel comprises less than five thousand (5,000) square feet in area at the time of the determination of merger;

b) The parcel was not created in compliance with applicable laws and ordinances in effect at the time of its creation;

c) The parcel does not meet current standards for sewage disposal and domestic water supply;

d) The parcel does not meet slope stability standards;

e) The parcel has no legal access which is adequate for vehicular and safety equipment access and maneuverability;

f) The parcel's development would create health or safety hazards; or,

g) The parcel is inconsistent with the General Plan, Zoning Code, and any applicable specific plan, other than minimum lot size or density standards.

3. The owner of the affected parcels has been notified of the merger proposal pursuant to Section 66451.13 of the Subdivision Map Act, and is afforded the opportunity for a hearing pursuant to Section 66451.14 of the Subdivision Map Act. For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that the notice of intention to determine status is recorded in compliance with 9327.c1 (Notice of Intention to Determine Status). Subsection 2 shall not apply if any of the conditions stated in Section 66451.11(b)(A) through (E) of the Subdivision Map Act exist.

c

Parcel Mergers Initiated by the City

1. Notice of Intention to Determine Status.

Prior to recording a notice of merger, a notice of intention to determine status shall be prepared by the Director and delivered to the current owner of record by certified mail, unless the requirement for notice has been waived by the owner pursuant to 9327b3. The notice shall state that the affected parcels or units of land may be merged pursuant to the Subdivision Code and that, within thirty (30) calendar days from the date the notice of intention was recorded, the owner may request a hearing before the Planning Commission to present evidence that the property does not meet the criteria for merger. The Notice of Intention to Determine Status shall be filed with the County Recorder by the Director on the same day that the notice is mailed to the property owner.

2. Hearing on Determination of Status.

The owner of the affected property may file a written request for hearing by the Planning Commission within thirty (30) calendar days after recording of the notice of intention to determine status. Upon receipt of the request, the Department shall set a time, date and place for consideration by the Planning Commission and notify the owner of such hearing by certified mail. The Planning Commission shall consider the matter within sixty (60) calendar days following the receipt of the owner's request, or may be postponed or continued by mutual consent of the Director and the property owner.

The Planning Commission shall provide the property owner with an opportunity to present any evidence that the affected property does not meet the requirements for merger specified in the Subdivision Code.

After consideration of the evidence presented, the Planning Commission shall determine whether the affected parcels are to be merged or are not to be merged and shall notify the owner of the determination.

3. Determination of Merger.

If the Planning Commission makes a determination that the parcels are to be merged, the Director shall notify the owner in writing by certified mail, and a notice of merger shall be filed with the County Recorder by the Director within thirty (30) calendar days of the conclusion of the Commission's action, unless the decision has been appealed in compliance with 9327.e (Appeal). The notice of merger shall specify the name of the record owner and a description of the property. The notice of merger under the Subdivision Code shall be in a form approved by the Director prior to being filed for record with the County Recorder.

If the Planning Commission makes a determination that the parcels shall not be merged, a release of the notice of intention to determine status shall be filed with the County Recorder by the Director within thirty (30) calendar days after the Commission's determination, unless the decision has been appealed in compliance with 9327.e (Appeal), and a clearance letter shall be delivered to the owner by certified mail.

4. Determination When No Hearing is Requested.

If the owner does not file a request for a hearing pursuant to 9327.b3, the Director shall make a determination that the parcels are or are not to be merged. If they are to be merged, a notice of merger shall be filed, unless the decision has been appealed in compliance with 9327.e (Appeal), with the County Recorder by the Director within ninety (90) calendar days after the mailing of the notice of intention to determine status in compliance with 9327.c1 (Notice of Intention to Determine Status).

d

Parcel Mergers Initiated by the Property Owner

If the merger of contiguous parcels or units of land is initiated by the record owner, the owner may waive in writing the right for consideration by the Planning Commission and to all notices required by the Subdivision Code. Upon receipt of such waiver, the Director shall make a determination that the parcels are or are not to be merged. If they are to be merged, the Director shall simultaneously file with the County Recorder a notice of intention to determine status, the waiver of right of hearing and notice, and a notice of merger.

e

Appeal

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

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

a

Tentative Maps

Prior to final map approval, the City or the subdivider may request amendments to the approved tentative map, including vesting tentative maps, or conditions of approval. The Director shall determine whether a proposed amendment is a substantial or a minor amendment.

1. Substantial Changes Proposed to an Approved Tentative Map.

Substantial changes proposed to an approved tentative map shall only be permitted upon the filing and responsible decision maker approval of a new tentative map, as specified in the Subdivision Map Act, and the Subdivision Code.

2. Changes in Conditions of Approval, Minor Corrections, and Amendments to an Approved Tentative Map.

Changes in conditions of approval and minor corrections and amendments to an approved tentative map may be approved by the Director upon the filing of an application and paying applicable fees, as established by Council resolution provided that:

a) No lots, units, or building sites or structures are added;

b) The changes are consistent with the intent and spirit of the original tentative map approval; and

c) There are no resulting violations of the Tustin General Plan, Zoning Code, and applicable Specific Plan, the Subdivision Code, or the Subdivision Map Act.

A correction or amendment of a map shall be indicated on the tentative map. An approval of a request for minor corrections and amendments shall not alter the expiration date of the tentative map unless an application for extension is concurrently approved.

b

Final Maps

1. After a final map is filed in the office of the County Recorder, the map may be amended by a certificate of correction or an amending map for any of the following purposes:

a) To correct an error in any course or distance shown thereon; or

b) To show any course or distance that was omitted therefrom; or

c) To correct an error in the description of the real property shown on the map; or

d) To indicate monuments set after the death, disability, retirement from practice or replacement of the engineer or surveyor charged with responsibilities for setting monuments; or

e) To show the proper location or character of any monument which has been changed in location or character, or originally was shown at the wrong location or incorrectly as to its character; or

f) To correct any additional information filed or recorded pursuant to Section 66434.2 of the Subdivision Map Act, if the correction does not impose any additional burden on the present fee owners of the real property and does not alter any right, title, or interest in the real property reflected on the recorded map; or

g) To correct any other type of map error or omission as approved by the County Surveyor or City Engineer that does not affect any property right, including, but not limited to, lot numbers, acreage, street names, and identification of adjacent record maps. As used herein, "error" does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final map; or

h) To modify conditions of approval if the Director finds that:

(1) There are changes in circumstances which make any or all of the conditions of such map no longer appropriate or necessary;

(2) The modifications do not impose any additional burden on the present fee owner of the property;

(3) The modifications do not alter any right, title or interest in the real property reflected on the recorded map; and

(4) The map as modified conforms to the required findings of approval specified in Section 9323c of this code.

2. The amending map or certificate of correction shall be prepared by a registered civil engineer or licensed land surveyor. The form and contents of the amending map shall conform to the requirements of the Subdivision Map Act, Subdivision Code, and the City's Subdivision Manual. The amending map or certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction on the date of the filing or recording of the original recorded map. The City Engineer shall examine the amending map or certificate of correction within twenty (20) working days of submittal for compliance with the provisions of the Subdivision Map Act, Subdivision Code, and the City's Subdivision Manual and shall either certify it and file it with the office of the County Recorder or return it with a written statement of the changes necessary to make it conform to the requirements of the Subdivision Map Act, Subdivision Code, or the City's Subdivision Manual. If the resubmitted corrections are approved, the City Engineer shall have ten (10) working days to present it to the County Recorder for recordation.

3. Modifications made pursuant to Section 9328b1(h) shall be set for public hearing before the responsible decision maker consistent with the noticing provisions of 9321.g (Public Hearings). The hearing by the responsible decision maker shall be confined to consideration of, and action on, the proposed modification. Modifications identified in Section 9328b1(a) through (g), shall be reviewed and certified by the City Engineer.

4. Upon filing of the amending map or certificate of correction by the City Engineer, the County Recorder shall index the names of the fee owners and the appropriate subdivision designation shown on the amending map or certificate of correction in the general index and map index. respectively. Thereafter, the original map shall be deemed to have been conclusively so corrected, and thereafter shall impart constructive notice of all such corrections in the same manner as though set forth upon the original map.

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

a) The provisions of this Section apply to the processing of parcel maps for urban lot splits pursuant to California Government Code Section 66411.7 and Chapter 9280 of this Code.

b) Approval. Notwithstanding the Subdivision Map Act or any other provision of this Section, an application for a parcel map for an urban lot split is approved or denied ministerially, by the City's Director of the Community Development Department, without discretionary review. A tentative parcel map for an urban lot split is approved ministerially if it complies with the applicable objective requirements of Section 9280 and the Subdivision Map Act. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements.

c) Guidance and Procedures. The Community Development Director has the authority to interpret and establish guidance and procedures for the processing, approving, and finalizing parcel maps for urban lot splits, which are consistent with state and local law.

(Ord. No. 1523, Sec. 5, 8-16-22)