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Ord 181ORDINANCE NO. 181 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA AMENDING THE SUBDIVISION ORDINANCE TITLE 16 DIVISION I TO ADD VESTING TENTATIVE MAPS WHEREAS, the City Council of the City of Poway, California has held a duly advertised public hearing to solicit comments both pro and con; and WHEREAS, State law requires that a local ordinance be adopted by January 1, 1986; and WHEREAS, the City Council has considered the environmental assessment and found no significant adverse environmental impacts and issues a Negative Declaration. NOW, THEREFORE, BE IT ORDAINED as follows: Section 1: This ordinance shall be known as Chapter 16.11 Vesting Tentative Maps. Section 2: The attached Exhibit A shall be adopted in its entirety as Chapter 16.11. Section 3: The following definition shall be added to Chapter 16.04 as indicated below: 16.04.241 Vesting Tentative Maps. "Vesting tentative map" shall mean a "tentative map" for a residential subdivision, as defined in the Subdivision Ordinance, that shall be printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Chapter 16.11 thereafter processed in accordance with the provisions thereof. EFFECTIVE DATE: This ordinance shall take effect and be in force thirty (30) days after the date of its passage; and before the expiration of fifteen (15) days after its passage, it shall be published once with the names and members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation published in the City of Poway. Ordinance No. 181 Page 2 Introduced and first read at a regular meeting of the City Council of the City of Poway held the 3rd of December, 1985, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 10th day of December, 1985 by the following roll call vote: AYES: COUNCILMEMBERS: Shepardson, Tarzy, Oravec, Emery, Kruse NOES: ABSENT: COUNCILMEMBERS: None COUNCILMEMBERS: None Carl R. Kruse, Mayor Marjo~ig. K. 'Wahlsten, City Clerk Sections: 16.11.010 16.11.020 16.11.030 16.11.040 16.11.050 16.11.060 16.11.070 16.11.080 CHAPTER 16.11 VESTING TENTATIVE MAPS Citation and Authority Purpose and Intent Consistency Applications Filing and Processing Fees Expiration Vesting on Approval of Vesting Tentative Map Section 16.11.010: Citation and 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. Section 16.11.020: Purpose and Intent It is the purpose of this ordinance to establish proce- dures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Ordinance. Except as otherwise set forth in the provisions of this chapter, the provisions of the Subdivision Ordinance shall apply to the Vesting Tentative Map Ordinance. To accomplish this purpose, the regulations outlined in this chapter are determined to be necessary for the pre- servation of the public health, safety, and general welfare, and for the promotion of orderly growth and development. Section 16.11.030: Consistency No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is incon- sistent with the General Plan and any applicable specific plan or not permitted by the Zoning Ordinance or other applicable provisions of the Municipal Code. Section 16.11.040: Application (A) This chapter shall apply only to residential develop- ments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the Poway Subdivision Ordinance, requires the filing of a tentative map or ten- tative parcel map for a residential 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. Exhibit A Page 2 Section 16.11.050: Filing and Processing (A) Except as provided in subsection (B) hereof, 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 16.08.050 for a tentative map except at the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map." (B) In addition to the other information required by this chapter to be shown on or provided with a tentative map or tentative parcel map, a vesting tentative map or vesting tentative parcel map shall show or be accompanied by the following information in a form satisfactory to the Director of Planning Services: (]) The height, bulk, and location of proposed buildings. (2) The design and specifications for all public facilities including but not limited to on- and off- site sewer, water, drainage, roads, and other improvements. The subdivider shall submit detailed geological drainage, flood control, soils, traffic, or other reports deemed necessary by the Director of Public Services or Director of Planning Services to permit a complete review of the design and improve- ments for the subdivision. (3) Detailed final grading plans showing existing and proposed finished grades at two foot intervals. (4) Information on the uses to which the buildings will be put and architectural renderings of the buildings. (5) Detailed landscape plans. (6) A scale model showing proposed finished grades, all public and private imrpovements and buildings to be constructed. Section 16.11.060: Fees (A) Upon filing a vesting tentative map, the subdivider shall pay the fees required by the City Council as adopted by resolution for the filing and processing of a tentative map. Exhibit A Page 3 Section 16.11.070: Expiration The approval or conditional approval of a vesting ten- tative 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 expira- tion of the approval or conditional approval of a ten- tative map. Section 16.11.080: Vesting qn 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 ordinance policies, and standards described in Government Code §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 con- ditionally 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 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. (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 16.11.070. If the final map is approved, these rights shall last for the following periods of time: (1) 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. Exhibit A Page 4 (2) The initial time period set forth in (C)(1) shall be automatically extended by any time used for Drocessing a complete application for a grading per- mit or for design or architectural review, if such processing exceeds 30 days, from the date a complete application is filed. (3) A subdivider may apply for a one-year extension before the initial time period set forth in (C)(1) expires in accordance with Section 16.10.080. The decision of the City Council is final. (4) If the subdivider submits a complete application for a building permit during the periods of time spe- cified in subdivisions (1) - (3), the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. (D) Notwithstanding subsection (A) the amount of any fees which are required to be paid either as a condition of the map approval or by operation of any law shall be deter- mined by application of the law or policy in effect at the time the fee is paid. The amounts of the fees are not vested upon approval of the vesting tentative map or ten- tative parcel map.