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HomeMy WebLinkAbout87-30 Superseding ORD 87-25 and Establishing Regulation for Vesting Tentative Maps/Map DurationORDINANCE NO. 87-30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA SUPERSEDING ORDINANCE NO. 87-25 AND ESTABLISHING REGULATION FOR VESTING TENTA- TIVE MAPS AND AMENDING THE COSTA MESA MUNICIPAL CODE REGARDING TENTATIVE MAP DURATION. SECTION 1. WHEREAS, the Subdivision Map Act authorizes a new form of tentative map for subdivisions in California called the "Vesting Tentative Map"; and WHEREAS, with approval of a vesting tentative map, the developer is deemed to have vested rights to proceed with development in substantial compliance with the local ordinances, policies and standards in effect at the time the application for approval of the vested tentative map is con- sidered complete; and WHEREAS, because a developer's vested rights will extend for a con- siderable period of time, the City will require far more information than is usually required for a regular tentative map; and WHEREAS, a developer has the right to file a vesting tentative map and to know specifically what requirements must be satisfied in order to have the map deemed complete. WHEREAS, this ordinance incorporates maximum versus minimum time per- iods and additional sections of the California Government Code which were not enumerated in Ordinance No. 87-25. Once Ordinance No. 87-30 becomes effective it shall supersede Ordinance No. 87-25. ACOORDINGLY, the City Council of the City of Costa Mesa hereby amends Chapter III of Title 13 of the City of Costa Mesa Municipal Code as set forth below: coo( PTMI 7 ARTICLE 1. VESTING TENTATIVE MAPS SECTION 13-423. PURPOSE AND INTENT The purpose of this Article is to establish procedures for the implementation of Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the State of California which provides for the approval of vesting tentative maps. Except as otherwise specifically provided by this chapter, the pro- visions of this Article shall apply to the filing, processing and review of vesting tentative maps as said term is defined by Section 66424.5 of the Government Code and Section 13-425 of this article. SECTION 13-424 Consistency. No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the General Plan and any applicable specific plan or not permitted by Title 13 of the Costa Mesa Municipal Code. SECTION 13-425 Definition of Vesting Tentative Map. A "vesting ten- tative map" shall mean a tentative map for subdivision of any land and shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 13-426 of this article, and is thereafter processed in accordance with the provisions of this Chapter and the Subdivision Map Act. SECTION 13-426 Application. A. Whenever a provision of the Subdivision Map Act or this Title requires the filing of a tentative map or parcel map, a vesting tentative map may instead be filed, in accordance with the provisions of this article. B. If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for con- struction, or work preparatory to construction. SECTION 13-426.1 Filing. A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports as -2- set forth in other provisions of Title 13 for a tentative map, except as hereinafter provided: A. At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map." This require- ment is mandatory, and any failure to canply with it shall prevent the sub- divider from obtaining the benefits provided by this Article. B. At the time a vesting tentative map is filed, a subdivider shall also supply the following information: 1. The maximum height, total square footage, and general location of .all future buildings on the subject property 2. The proposed location and size of connections to sewer, water, storm drain, and roadways 3. A preliminary grading plan indicating reasonable approximation of site cut and fill (cubic yards) along with any required Geological studies 4. Methodology of satisfying storm water runoff and estimated (CFS) cubic feet per second 5. School impact analysis for grades k through 12 6. Traffic impact analysis, as required by CEQA. 7. Conceptual building signing program 8. Any other material considered essential to the proper eval- uation of the project (i.e. open space maintenance responsibilities, pro- visions made for trails and/or parks and their maintenance responsibilities). C. A vesting tentative map shall not be accepted for filing unless all other discretionary land use approval applications, except for devel- opment review, are filed concurrently with such map. D. Whenever a subdivider files a vesting tentative map for a subdivi- sion whose intended development is inconsistent with the Zoning Ordinance -3- in existence at the time of filing, such inconsistency shall be noted on the map by the subdivider. SECTION 13-426.2. Fees. At the time of presenting a vesting tentative map for filing, the subdivider shall pay the fees required by the current fee schedule for the filing and processing of a tentative map. SECTION 13-427 Condition Precedent To Approval. A vesting tentative map shall not be approved unless all other discretionary land use approvals required for the ,proposed development have been obtained except for develop- ment review and bui�lding permits. Any such approval erroneously granted in violation of this section shall be void. SECTION 13-428 Expiration. The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions as those established by other provisions of this Chapter for the expiration of the approval or conditional approval of a tentative map. SECTION 13-429 Vesting on Approval of Vesting Tentative Map. A. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial ccm- pliance with the ordinances, policies, and standards as described in Govern- ment Code Section 66474.2. However, if Section 66474.2 of the Government Code is repealed, 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 in effect at the time the vesting tentative map is approved or conditionally approved. B. Notwithstanding subdivision A, a permit, approval, extension or entitlement may be made conditional or denied if any of the following are determined: -4- 1. An approval or unconditional approval would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both. 2. The condition or. denial is required in order to comply with state or federal law. All extensions of time are discretionary and may be approved, conditionally approved, or denied. C. The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 13-428. If the final map is approved, these rights shall last for the following periods of time: 1. An initial time period of twenty-four (24) months. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded. 2. The initial time period set forth in Subsection C.1 shall be automatically extended by any time used for processing a canplete application for a grading permit or for design or architectural review., if such processing time exceeds thirty (30) days frau the date a canplete application is filed. 3. A subdivider may apply for a one (1) year extension at any time before the initial time period set forth in Subsection C.1 ex- pires. If the extension is denied, the denial may be appealed to the City Council within fifteen (15) days. 4. If the subdivider submits a complete application for a building permit during the periods of time specified in Subsections 1 through 3, the rights referred to herein shall continue until -5- the expiration of that permit, or any extension of that permit. SECTION 13-429.1 Applications Inconsistent with Established Policies. Notwithstanding any provision of this chapter, a property owner or his or her designee may seek approvals of permits for development which depart from the ordinances, policies, and standards described in Section 13-429A, and the City may grant such approvals or issue such permits to the extent that the departures are authorized under applicable law. SECTION 13-430 Subsequent Permits, Licenses, and Other Entitlements For Use. The provisions of this article shall not be construed to prevent the City frau conditionally approving or denying any permit, license, or other entitlement for use which is applied for by the subdivider after the approval of a vesting tentative map provided such conditional approval or denial is made in accordance with the ordinances, policies and standards described in Section 13-424 of this article. SECTION 13-430.5 Amendments. If the ordinances, policies or standards described in Section 13-429 are changed subsequent to the approval or condi- tional approval of a vesting tentative map, the property owner, or his or her assignee, at any time prior to the expiration of the vesting tentative map pursuant to Section 13-429 C. may apply for an amendment to the vesting tentative map to secure a vested right to proceed with the changed ordin- ances, policies, or standards. An application shall clearly specify the changed ordinances, policies or standards for which the amendment is sought. Section 13-444 Duration of Approval. A. After receipt of the report of the Planning Commission approving or conditionally approving the tentative map, the subdivider may, within thirty-six (36) months from the date of said approval, proceed to prepare and file a final map as herein provided. However, the applicant may apply to the Planning Commission for an extension of time for a period or periods not exceeding a total of 3 years. If such extension is denied, the denial may be appealed to the City Council within 15 days. If a final map is not submitted prior to expiration, said map shall be deemed abandoned-. However, if the subdivider is subject to a requirement of $100,000 or more to construct, improve, or finance the construction or improvement of public improvements outside the boundaries of the tentative map, each filing of a final map authorized by Government Code Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by thirty-six (36) months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extension shall not extend the tentative map more than 10 years from its approval or conditional approval. The number of phased final maps which may be filed shall be determined by the Planning Commission at the time of the approval or conditional approval of the tentative map. B. The period of time specified in subsection A shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years. Once a moratorium is terminated, the map shall be valid for the same period of time as was lef t to run on the map at the time the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium. SECTION 13-468. Time Limitation On Approval. The approval of a ten- tative parcel map as set forth in this article shall be for the period of twenty-four (24) months; provided, however, that the applicant for approval may apply to the Planning Commission for an extension of time for a period or periods not exceeding a total of 3 years. -7- SECTION 3. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days frau its passage shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5 ) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this oZI ATTEST: (�' a4 C'ty Clerk of the City of Costa 01a APPROVED AS TO FORT: a City �borney lff:c day of , 1987. Mayor of the City of Cost Mesa STATE CP CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and fore- going Ordinance No. 87-30 was introduced and considered section by section at a regular meeting of said City Council held on the 7th day of December, 1987, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 21st day of December, 1987, by the following roll call wte : AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL 14EMBERS: Wheeler AESENT : COUNCIL MEMBERS: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 22nd day of December, 1987. City Clerk and ex -officio Clerk of he _ _ City Council of the City of CostVlesa