HomeMy WebLinkAbout86-1 - Establishing Regulations for Vesting Tentative Maps for Residential SubdivisionsORDINANCE NO. 86 -1
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ESTABLISHING REGULATIONS FOR
VESTING TENTATIVE MAPS FOR RESIDENTIAL
SUBDIVISIONS
•
•
The City Council of the City of Newport Beach does ordain
as follows:
SECTIONS:
19.14.010
19.14.011
19.14.012
19.14.013
19.14.014
19.14.020
19.14.021
19.14.022
19.14.030
19.14.031
19.14.032
Citation Authority.
Purpose and Intent.
Consistency.
Definitions.
Application.
Filing and Processing.
Fees.
Expiration.
Vesting on Approval of Vesting
Tentative Map.
Development Inconsistent with Zoning.
Applications Inconsistent with
Current Policies.
Section 1•
Chapter 19.14 of the Newport Beach Municipal Code is
hereby added to read as follows:
GENERAL PROVISIONS
19.14.010 Citation Authority.
This Ordinance is enacted pursuant to the authority
granted by Chapter 4.5 (commencing with Section 66498,1) of
Division 2 of Title 7 of the Government Code of the State of
California (hereinafter referred to as the Vesting Tentative Map
Statute), and may be cited as the Vesting Tentative Map
Ordinance.
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19.14.011 Purpose and Intent.
It is the purpose of this Ordinance to establish
procedures necessary for the implementation of the Vesting
• Tentative Map Statute, and to supplement the provisions of the
Subdivision Map Act and the Subdivision Ordinance. Except as
otherwise set forth in the provisions of this Ordinance, the
provisions of the Subdivision Ordinance shall apply to the
Vesting Tentative Map Ordinance.
To accomplish this purpose, the regulations
outlined in this Ordinance are determined to be necessary for the
preservation of the public health, safety and general welfare,
and for the promotion of orderly growth and development.
19.14.012 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 the zoning ordinance or other applicable provisions
• of the Municipal Code.
19.14.013 Definitions.
(a) A "vesting tentative map" shall mean a
tentative map for a residential subdivision, as defined in the
Newport Beach Subdivision Ordinance, that shall have printed
conspicuously on its face the words "Vesting Tentative Map" at
the time it is filed in accordance with Section 19.14.020 and is
thereafter processed in accordance with the provisions hereof.
(b) All other definitions set forth in the
Newport Beach Subdivision Ordinance are applicable.
19.14.014 Application.
(a) This Ordinance shall apply only to
residential developments. Whenever a provision of the
Subdivision Map Act, as implemented and supplemented by the
Newport Beach Subdivision Ordinance, requires the filing of a
tentative map or tentative parcel map for a residential
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development, a vesting tentative map may instead be filed, in
accordance with the provisions hereof.
(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 construction, or work
preparatory to construction.
19.14.020 Filing and Processing.
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 the
Newport Beach Subdivision Ordinance 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."
(b) At the time a vesting tentative map is
filed a subdivider shall also supply the following information:
(1) Site plans showing the size and
location of all proposed buildings, driveways, parking,
landscaping and walls, and other pertinent information in
sufficient detail to determine the height and square footage of
each structure and its conformance with existing regulations or
changes in regulations which have been requested by the
subdivider.
(2) Information on the uses to which each
structure will be put.
• (3) Plans, specifications and reports for
all public facilities, including but not limited to fire access,
on -and off -site sewer, water, drainage, roads and other public
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improvements, meeting the approval of the Public Works
Department.
(4) Detailed grading plans showing all
• existing and proposed contours and elevations, meeting the
approval of the Grading Engineer.
(5) Any additional plans, reports or
studies required by the City which are in the opinion of the
Planning Director necessary to process the subdivision of land
and development thereon.
19.14.021 Fees.
Upon filing a vesting tentative map, the
subdivider shall pay the fees required by the Municipal Code for
the filing and processing of a vesting tentative map, as
established by Resolution of the City Council.
19.14.022 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, established by the
Subdivision Ordinance for the expiration of the approval or
conditional approval of a tentative map.
DEVELOPMENT RIGHTS
19.14.030 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 compliance with the ordinances,
policies and standards described in Government 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,
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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:
(1) A failure to do so would place the
residents of a 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.
(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 19.14.022. If the
final map is approved, these rights shall last for the following
periods of time:
( I ) An initial time period of one year.
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
(c)(1) shall be automatically extended by any time used for
processing a complete application for a grading permit or for
design or architectural review, if such processing exceeds 30
days, from the date a complete application is filed and provided
that the complete application is filed at least 30 days prior to
expiration of the initial time period.
(3) A subdivider may apply for a one -year
extension at any time before the initial time period set forth in
(c)(1) expires. An extension may be granted by the City Council
• upon recommendation by the Planning Commission.
(4) If the subdivider submits a complete
application for a building permit during the periods of time
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specified in subdivisions (1) - (3), the rights referred to
herein shall continue until the expiration of that permit, or any
extension of that permit.
• 19.14.031 Development Inconsistent With Zoning.
Whenever a subdivider files a vesting tentative
map for a subdivision whose intended development is inconsistent
with the zoning regulations in existence at that time, that
inconsistency shall be noted on the map. The City may deny such
vesting tentative map or approve it conditioned on the
subdivider, or his or her authorized agent, obtaining the
necessary changes in zoning regulations to eliminate the
inconsistency. If the inconsistency is removed, the approved or
conditionally- approved vesting tentative map shall confer the
vested right to proceed with the development in substantial
compliance with the change and the map as approved.
19.14.032 Applications Inconsistent with Current
Policies.
• Notwithstanding any provision of this
Ordinance, a property owner or his or her designee may seek
approvals or permits for development which depart from the
ordinances, policies, and standards described in Sections
19.14.030(a) and 19.14.031, and the City may grant these
approvals or issue these permits to the extent that the
departures are authorized under applicable law.
Section 2:
The Mayor shall sign and the City Clerk shall attest to
the passage of this Ordinance. The City Clerk shall cause the
same to be published once in the official newspaper within
fifteen (15) days after its adoption. The ordinance shall become
effective thirty (30) days from its adoption.
• This Ordinance was introduced at a regular meeting of the
City Council of the City of Newport Beach held on the 24th day
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of
February
, 1986,
and adopted on the 10th day of March ,
1986,
by the
following
vote, to -wit:
•
ATTEST:
City Clerk
is
•
AYES, COUNCILMEMBERS Agee, Cox, Hart,
Heather, Maurer, Plummer, Strauss
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
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