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Home My WebLink About280 - Ordinances ORDINANCE NO. 280 AN ORDINANCE OF THE ClT~ COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 16.49 TO THE SUBDIVISION ORDINANCE, TITLE 16 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PERTAINING TO VESTING T~qTATIVE MAPS THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES ORDAIN AS FOLLOWS: SECTION I: Title 16 of the Rancho Cucnmon~a Municipal Code is hereby amended to add a ne~ Chapter 49, to be read, in words and figures, as follows: "~_~_~ "VESTING TRNTATIVE MAPS 16.49.010 Citation and euthoriVy. 16.49.020 Purpose end intent. 16.49.030 Applicetion of chspter. 16.49.0&0 Definitions. 16.49.050 Consistency v/th city regulatlons. 16.49.060 Filin$ nnd processing. 16.~9.070 Fees. 16.49.0~ ~hts grant~ on appr~al of ~p. 16.49.100 Inconsistency wi~b Zoning - Conditional appr~al. 16.49.110 Applica=ions inconsiscen= wi~b curren~ policies. "16.49.010. Citation nnd authored. ~io chapter is enacted pursuan~ ~o Cbc authority ~ranC~ by Cbapter 4.5 (co~ncin~ wi~b Sec=ion 66498.1) of Cbc California G~ernmen~ Code (hereinafter referr~ ~o as ~be Vesting Tentative Map S~a~uCe), and ~y be ci~ as cbc 'venCin~ ~en=aCive map "16.49.020. ~rDone and in~nn~. es~ablisb procedures necesoa~ for ~be i~lemen~a~ion of ~be ?esCing Tentative Map Statute. ~cepc as oCbe~ise se~ forth in ~be pr~isionn of this chapter, Cbc pr~isions of Chis subdivision ordinance shall apply ~o ~be vesCin~ =encacive ~p ordinance. "16.49.030. Aunliea~ion "(a) ~is cbapCer shall apply only ~o resides=iai d~elop~n=s. ~en~eT a pr~ision of Cbc Subdivision Map ~=, as i~le~nc~ and supple~nC~ by ~be subdivision ordinance, r~uires cbc filing of a CentaCive Mp or ~enCative parcel mp for a residential d~elopmen~, a vesting tentative mp ~ instead be fil~ in accordance with Cbc pr~ision8 herein. '(b) If a subdivider does not chapter, Cbc o~be~ise applicable pr~inion8 of Cbc subdivision ordinance shall apply. "16.49.040. Definitions. "(a) A 'vesti~ ~enCaCive Mp' shall ~an a 'CenCacive map' for a residential subdivision, ~bereaf~er processed in accordance with ~be pr~ioions of Chis cbapKer, "(b) ~cep~ as specifically se= ~orCb in =bis chapter all defini=ions in cbc s~division ordinance will be applicable herein. Ordinance No. 280 Page 2 "16.49.050. Consistency with city regulations. No land shall be subdivided and developed pursuant £o a vesting tentative map for any purpose which is inconsistent with the general plan or any applicable specific plan or tom-,miry plan and which is not permitted by the development code or other applicable provisions of this code. "16.49.060. Filin_e and orocessin_~. 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 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) Simultaneous with, or prior to, the time a vesting tentative map is filed, a subdivider shall supply coaq~leted applications for all discretionary use entitlements necessary for the project, including, but not limited to, use permits, development/design review, amendments to the general plan or any applicable specific plan or com~,uni~y plan, zone chan~es, amendments to the development code, etc., together with all complete information necessary to process, as applicable, a negative declaration or draft environmental impact report pursuant to the terms of the California Environmental Quality Act. "(c) A subdivider may submit a complete application for a building permit at the time of filing as provided in this section; however, under no circumstances shall such permit, if issued, grant vesting rights as specified in this chapter. "16.&9.070. Fees. Upon filing a vesting tentative map, the subdivider shall pay the fees required by that resolution of the city council for the filing the processing of a tentative mep. "16.49.080. Expiration. The approval or conditional approval of a vesting tentative map shall expire ~wo (2) years from the date of its adoption by resolution. Extensions of a vesting tentative map shall be subject to those procedures in the subdivision ordinance applicable to the extension of tentative maps. "16.49.090. Ri_ebbs ~ranted on annroval of meg. "(a) The approval or conditional approval of a vesting tentative map shall confer a vested right to process a final map and proceed with development in substantial compliance with the ordinances, policies, and standards described in Government Code Section 66474.2. "However, if Section 66~,74.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to process a final map and proceed with development in substantial compliance with the land use ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved. "(b) Not, withstanding 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 sefe~y, or bosh. "(2) The condition or denial is required, in order to comply with state or federal lay. Ordinance No. 280 Page 3 "(¢) The rights referred to in this section shall accrue only if, and at the time, s final map is approved for the project. Such 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 16.49.080. "(d) If the final map is approved, these rights shall remain vested for the follovin8 periods of time: "(1) An initial time period of L-eelve (11) months. ~here several final map ere recorded on various phases of · project covered by a sinsle vestin~ ~entetive map, this initial time period shall basin for each phase when the final map for that phase is recorded. "(2) The initial time period set forth in (d) (1) shall be automatically extended by any time used for processinS a complete application for · srading permit or for design or architectural review, if such processin8 exceeds 30 days, from the date a complete application is filed. ~'(3) A subdivider may apply to the City Council fo~ a one-year extension st any time before the initial time period set forth ia (d) (1) expires. t'(6) I[ the subdivider submits · complete application for · buildin8 permit durinS the periods of time specified subsections (d) (1)-(3), above, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. "16.69.100. [nconalatmncv with Zen[fie - Conditional in,reval. "(a) ~henever a subdivider files a veetin~ tentative map for a subdivision whose intended development in inconsistent with the development code in existence at that time, that inconsistency shall be noted on the map. The City shall deny such a westinS tentative map or approve it conditioned on the subdivider, or his or her desisnee, obtaiainS the necessary chen~e in the development code to eliminate the inconsistency. I[ the chan~e in the development code is obtained, the approved or conditionally approved vestin~ tentative map shall no~vithstanding Section 16.69.090(a), con[er the vested right to process · final map end proceed with ~he development in substantial compliance with the chan~e with the chan~e in the development code and the map, as approved. "(b) The riKhts conferred by ~his section shall be for the time periods set forth in Section 16.69.090(d). "16.69.110. Annllcmtlnna inconslst~nt with current nolicle~. Not~ithstandin8 any provision of this chapter, 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 16.69.090(a) end 16.69.100 and local a~enciec may 8rant these approvals or issue these permits to the extent that the departures are authorized under applicable law. SECTIOH 2: The provisions of Chapter 69 of Title 16 shall become operative as of January 1, 1986. SECTION 3: The City Council declares that, should any provision, section, parqraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive le$islatiou, the remeinin~ provisions, sections, parqrephs, sentences, and words of this ordinance shall remain in full force and effect. Ordinance No. 280 Page 4 ~ECTIOll, ~: The Mayor shall sign this Ordinance, and the City Clerk shall cause the ~[ame'tOibe published within fifteen (15) days after its passage at least once in['~_~i~, a newspaper of general ~i~culation published in the City of On.t/rio, California, and circulated in the City of ~ncho Cuca~a, California.. P~S~, ~, and ~OPT~ this 20th day of N~e~r, 1985. AYES: Wright, hque~, Nikels, Dahl, ling ~S~T: None ,~/~n D. Nikels, May~Or ATTEST: Beverly A~. AuChelet, Cf~y Clerk X, BEVEELY A. AUT~ET, CITY CLE~ of ~he Ci~{of ~ucho Cucamo~a, California, do hereb2 certify ChaC ~he ~or~oAng ~dinaa~wa~ introduced ac a r~ular mee~x~ of ~ba Couuc~l of the Cx~ of ~ncbo Cuc~a held on the 6th d~ of N~e~er, ~g85, andrea finally paaaed at a r~u~meeci~ of the City Council of ~he Ci~ of ~nchO Cuca~a held on ~he 20~h ~y of N~e~er, 1985. ~ecu~ ~his 21s~ day of N~e~er, 1985 ~. ~ncho Cuca~a, California. B~erly A. ~u~b~le~ Ci~ Clerk