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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. -1- 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 -2- 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 -3- 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, -4- 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 -5- 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 -6- 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 -7-