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HomeMy WebLinkAboutCC Ord 1200 1985-12-09 ORDINANCE NUMBER I';(~ AN ORDINANCE OF THE CITY OF SEAL BEACH PROVIDING FOR VESTING TENTATIVE MAPS AND AMENDING THE SEAL BEACH CITY CODE THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN: I Section 1. The Code of the City of Seal Beach, California is amended by adding Article X to Chapter 21 to read: ARTICLE X. VESTING TENTATIVE MAPS Sec. 21-42. 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 article, the provisions of this chapter 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 21-44 of this article. Sec. 21-43. Consistency Requirements. The approval of a vesting tentative map shall be consistent with the General Plan, any applicable specific plan, the Zoning Ordinance, and any other applicable provision of this Code in effect at the time provided by Section 21-50 (a) of this article. I Sec. 21-44. Definition of Vesting Tentative Map. A "vesting tentative map" shall mean a tentative map for a residential subdivision, as defined in this chapter, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 21-45 of this article, and is thereafter processed in accordance with the provisions of this article and the Subdivision Map Act. Sec. 21-45. Application. (a) This article shall apply only to residential subdivision. Whenever a provision of the Subdivision Map act or this chapter requires the filing of a tentative map or tentative parcel map for a residential subdivision, 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 Chapter 4.5 of Division 2 of Title 7 of the Government Code and this article, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction. Sec. 21-46. Filing and Processing. A vesting tentative map shall be filed in the same form, have the same contents, and provide the same information and shall be processed in the same manner as set forth in this chapter for a tentative map except as hereinafter provided: 1 (a) At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map." (b) The application for a vesting tentative map shall describe the manner in which the subdivision is proposed to be developed, including but not limited to the following: -- Ordi nance !lumber 1.200 (11 Height, size and location of buildings. 121 Public services and utilities (sewers, water, stonn drains, gas, electricall location and design details. 131 Detailed soil and geological report. (41 'lbe density of land use to be allocated to the parts of the area to be developed, including population density and building intensity - present and proposed. (51 'lbe substance of public or private covenants, grants, easanents or other restrictions to I be imposed upon the use of the land, buildiItgs and structures, including easements for public utilities - present and proposed. (6) '!he provision for internal/external vehicular and pedestrian circulation and access including parking of vehicles, location, width, and improvanents of proposed streets and public ways and the relationship of such proposed facilities to adjacent facilities in proximity to the proposed subdivision. (7) Topography and contour intervals present and proposed through grading and site developnent, including details showing cut and fill slope configurations, pad elevations, retaining walls and other pertinent physical developnent details dictated by terrain and lot layout. In addition to topographic features such as railroads, natural drainage ways, drainage ditches or pipelines and other features which may have an effect upon the proposed subdivision on its design. (81 Details of the proposed drainage and flood control including indication of areas subject to overflow or inundation - present and proposed. (9) Open space andlor recreational elanents - present I and proposed. (10) Details of c<mnon subdivision fences and walls - present and proposed. (11) A public cost/revenue analysis. 1121 A detailed schedule indicating the time and phasing sequence of the subdivision. (cl A vesting tentative map shall not be accepted for filing unless all other discretionary land use approvals required for the proposed developnent, except for architectural design review, have been obtained or applications therefore are filed concurrently with such map. (dl ~ever a subdivider files a vesting tentative map for a subdivision whose intended developnent is inconsistent with the Zoning Ordinance in existence at the time of filing, such inconsistency shall be noted on the map. Sec. 21-47. Fees. upon filing a vesting tentative map, the subdivider shall pay the fees required for the filing and processing of a tentative map. Section 21-48. Condition Precedent to Approval. A vesting tentative map shall not be approved unless all other discretionary land use approvals required for the proposed developnent 1 have been obtained, except for architectural design review. Sec. 21-49. Expiration. 'lbe 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, established by this chapter for the expiration of the approval or conditional approval of a tentative map. Ordinance Number ;I~~ I Section 21-5". vested Rights Created by ~roval of vesting Tentative Map. (al Subject to the time 1l1llits established by paragraph (cl of this section, the approval or conditional awroval of a vesting tentative map shall confer a vested right to proceed with developnent in substantial canpliance with the ordinances, policies, and standards described in Government Code Section 66574.2. If Section 66474.2 of the Government Code is repealed, however, the awroval or conditional awroval of a vesting tentative map shall confer a vested right to proceed with developnent in substantial canpliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is awroved or conditionally awroved subject to the time limits established by paragraph lc) of this, section. .(bl Notwithstanding paragraph lal of this section, a pem1it, awroval, extension, or entitlanent may be made conditional or denied even though such action may be contrary to the ordinances, policies, and standards described in paragraph lal if any of the following are determined: I III A failure to do so would place the residents of the subdivision or the imnediate cannuity, or both, in a condition dangerous to their health or safety, or both. (21 The condition or denial is required in order to canply with state or federal law. (c) 'lbe rights referred to in paragraph (al of this section shall expire if a final map is not awroved prior to the expiration of the vesting tentative map as provided in Section 21-49 of this article. If the final map is timely awroved, such rights shall exist for the following period of time: (1) An initial time period of one year after the recording of the final map. 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. 121 'lbe initial time period set forth in subparagraph (11 above shall be autanatically extended by any time used for processing a canplete aWl ication for a grading permit or architectural design review if such processing exceeds thirty days from the date a complete awlication is filed. I 131 'lbe subdivider may awly to the City Council for a one-year extension at any time before the expiration of the initial time period set forth in subparagraph lcl 11) of this section. 141 If the subdivider submits a complete awlication for a building permit during the periods of time specified in subparagraphs (11 - (31 above, the rights referred to herein shall continue to exist until the expiration of such permit, or any extension thereof. Section 21-51. tl1lle pr lor to the subdivider, lmendment to vesti Tentative Map. Any expIratIon 0 a vestIng tentatIve map, or his or her assignee, may awly for an Ordinilnce Number /.:2tJo amendment to such map. A public hearing shall be held by the Planning Ccmnission on any amendment involving a substantial modification to the subject subdivision or developnent related thereto. After such public hearing, the Planning Ccmnission shall make a reccmnendation to the City Council on the proposed amendment. '!be City Council, after a public hearing, may approve, conditionally approve or disapprove the proposed amendment. Section 21-52. lications Inconsistent with Established PoliCIes. NotWlthsta lng any provIsIon of thIS artlcle, a property owner or his or her designee may seek approvals or permits for developnent which depart fran the ordinances, policies, and standards described in Section 21-50 lal, and the City may grant such approvals or issue such permits to the extent that the departures are authorized under applicable law. I Section 21-53. Subsequent Permits, Licenses, and Other Ehtitlanents for Use. '!be provisions of this article shall not be construed to prevent the City fran conditionally approving or denying any permit, license, or other entitlanent 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 21-50 la) of this article. Section 2. '1he City Clerk shall certify to the passage of this ordinance and cause the same to be published as required by law and the same shall take effect as provided by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal ~~, Californ}jl at a regu}ar meeting thereof held on the ~ day of ~umfiW, 1985. I A'l"1'EST: STATE OF CALIFORNIA I COUNTY OF ORANGE I SS CITY OF SEAL BFACH I I, Joanne M. Yea, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing ordinance is the original of ordinance Nl.lnber /.;2tJZ) on file in the office of the . erk in oduced at a meeting held on the ..<~ day of , 1985, and passed, approved and adopted by the Cl CouncIl ~1he City O~l :r~ meeting thereof held on the ~ day of -"'" , 1985 by the following vote: WES: Councilmanbers I AYES: Councilmanber ABSENT: Councilmanbers and do hereby further certify that ordinance Number /.2eI1l has been published pursuant to the 1 Beach City Qlarter and Resolution Nl.lnber 2836. I I I Ordinance flumber /..200 PROOF OF PUBLICATION (2015.5 C.C.P.I STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County aforesaid; l.am over the age of eighteen years. and not a party to or Interested In the above-entitled matter, I am the principal clerk of the printer of the SEAL DJ:;ACII JOUllNAL .................................................... .................................................... a newspaper of general circulation. printed and published ..~~\C.\l...................... In the City of .~'AL!J.l!fl.~h.................. County of Orange, and which news, paper has been adjudged a newsPaper of general circulation by the Superior COurt of the chunty of Orange. State of California. under the date of.R,.c;1:.. 19 !l:t, Case Number .M~:!~~.....; thatthenotlce. of Which the annexed Is a printed copy (set In type not 'smaller than nonpareil I, has been published in each regular and entire Issue of said newspaper and not In any supplement thereof on the following dates. to.wlt: December 4th, .................................................... all In the year 19.~~.. I certify (or declare.1 under penalty of perlury that the foregoing Is true and correct. . Seal Beach ~t~ at......................................... . .Callfornl !hiS....~~h ida" 86 d f........, 19..... atu' ...' liL...... p,... c...... af Ii'll. lI'anll form "'1, ... ..cured from; CALIFORNIA NEWSPAPER SERVICE BUREAU. INC. Lega' Advertising Clearing House 120 Well Sscond 51.. Los Angeles. Calif. 90012 Telephone: 12131625.2541 PI.IH ........... NI:RAL I'hoIDf "ubllc.,lOn .11.. ,rll.rl... 'fill farm. This space is for the County Clerk's Filing Stamp . Proof of Publication of St;~i'-AnY - OflDliI.'Il',CE :,U::1Ell 1200 ...~...................................................... VESTI!":G T!I~NT:.'.TI\r~ :.:..\~ 5 .......................................................... Paste Clipping of Notice SECURELY In This Space ~"p . r- ._MeEIlUIIIIEA t t8lO VES1lNG tENTATIVE IIAPS "Ordananc:eNumber 1200 of the Ctty af t2.5H1 8Hch. Cllifomll. adcb ArttCle X ~ ~ 21 01 the Code 01 the C,,, ~" SIllII Buc:h. I!StBbIIShilll8 new farm cif Tentative _ tor IUbdMSions 1ft r.&ibnillVeltina: Tentltive Map) In .. camplilnee With State .... effeclwe ~"""ry 1. 1986. .. introduced al r' the reautar CIty Council II'lftIlftg of " . 25. ,1985. first I'uehng of Or. e .dlnlnc:e Number 1200 IIPPfOVtCI II' the 1oI1ow1ne _, ' ; "AVES, Brownell. Clift. Risner. WIlson ' NOES,NoHe . . ABSENT: Grps. 'Mohon earned Ordinance Number 1200 will receIVe second readlllllMld be considentd 101 l' 8doptlDn lit the feDllar City Council _'moiebnc 01 _y, Dec, 9. 1985, 1'.. Copies of Ordmance Nultlber 1200 II'f . Mlabletn the otIlce 01 the CltyCIerk ...city Hall. 211 Ellhth. Street. Sea " _, ...........12131431-2527 ~DATEDTHIS 2711I dIy 01 _mbe. 1985 . :__11. y.., CdyC.....- _ ,!=dYoISU'_ bee 4. 1985' P,ubllshed In thi SMI Buc:h Jouma Ordi nance ilumber /,;z" 0 PROOF OF PUBLICA liON 12015.5 C.C.P.I STATE OF CALIFORNIA. County of Orange I am a citizen of the United States and a resident of the County aforesaid; l.am over the age of eighteen years. and not a party to or Interested In the above.entltled matter. I am the principal clerk of the printer of the SEAL 81!:ACII JUUIlNAL .................................................... .................................................... a newspaper of general circulation. printed, and published .. ~'~J.c.~l...................... in the City of .~,,,L~,".9h................., County of Orange, and which news, paper has been adjudged a newsPaper ot general circulation by the Superior Court of the Cbunty of Orange, State of California. under the date of. >>'.9,0:.. 19 !I.'to Case Number . .411.?A~;t....; that the notice. of which the annexed Is a printed copy lset In type not 'smaller than nonpareil I. has been published In each regular and entire Issue of said newspaper and not In any supplement thereof on the following dates, to-wit: December 18th, .................................................... b. all In the year 19.~~.. I certify (or declare.) under penalty of perjury that the foregoing Is true and correct. Se.l Be.ch ~t~ at......................................... &th JaR 86 callforn'!JJl/rfl(>>(J~..ii-i~/119 ..... ....... -rtl~~I~l.JltulWJi1Jl:)....... 11',... c......f '''.1 Itl.lnlllorm ..ay MllCItr" ....m: CALIFORNIA NEWSPAPER SERVICE BUREAU. INC. Legal Advertising Clearing House 120 We.t Second St~. Los Angeles. Calif. 90012 Telephone: (2131825.2541 Pl.... ,"u... O. N_RAL Pl'aef If P'u.lIc.'lon .h.n ord.rln. 'till farm. This space Is for the County Clerk's Filing Stamp I . Proof of Publication of Sm.;~:AnY - ORDL\'A1iCE Nmm";R 1200 VI~STI NG .......................................................... n;). -.r.\.Tl V~~ ~,,\r-.S .......................................................... Paste Clipping of Notice SECURELY In This Space _.o-McEN_ . ,aao VESTING TENTATIVE _ . Ordinence Num'- 1200 of the CIty of ~ Seal Beach, Califoml8. adds ArtJcIl X-,~ to e...... 21 01 "'" Caclo 01 tho ClIr , of Seal BeIdt. esbIbIishin8a newbm of TentatIVe Map far subdIVisions in of California (Vesbnl TentltMl Map) In'~ compliance w,", Stile 1_ eflecttve '" January 1. 1986. Ordll\lllCti N..... , 1200_IIClIIId.....IIWIIld_.. _.., tho City CouncIl.>......' meetlnlthereof heldCll! d119t;h _- . ~, 1985"''''''101''''._. AYES, BrowneD, Clift. Grps. R.... ~ Wilson ... .' ". NOES, - -. "-,1 ~oIOnII.....Nu(!dlorI200.. , avalllble In rhe office of'thI City Clertr., i- e,ty Hal', 211 . lllIf S_. Su' Beoch............ \2131431-2527.,- DATED TH'S 10th day 01 _...., 1985. . .' JOIntII M. Veo. Cd>>' a_ ':I._ City at SIll Buch ... ...~ ....... . .~. ,\ . Decem.... lB. 1985, ," ~ PublIShed In The SUI Buc:h Joumlll'J I 1 (JO: Jj......:.o}i.