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.