HomeMy WebLinkAboutOrd. No. 1988-835ORDINANCE NO. 835
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADDING CHAPTER 16.25, VESTING
TENTATIVE MAPS, TO THE LAKE ELSINORE
MUNICIPAL CODE ESTABLISHING CRITERIA FOR
PROCESSING VESTING TENTATIVE MAPS.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA DOES ORDAIN AS FOLLOWS:
SECTION ONE. Short Title.
This Ordinance shall be known as the Vesting Tentative
Map Ordinance.
SECTION TWO.
There is hereby added to the Lake Elsinore Municipal
Code Chapter 25 of Title 16, as contained in Exhibit "A,"
attached hereto and made a part hereof, and shall be known and
may be cited as the "Vesting Tentative Map" Ordinance.
SECTION THREE:
This ordinance shall take effect as provided by law.
INTRODUCED AND PASSED UPON FIRST READING this 28th day
of June, 1988, upon the following roll call vote:
AYES: CDUNCILMEMBERS: BUCK, DDMINGUEZ, STAR KEY, WASHBURN, WINKLER
NOES: CDUNCILMEMBERS: NONE
ABSENT: CDUNCILMEMBERS: NONE
ABSTENTIONS: CDUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
12th. day of July, 1988, upon the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
CDUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN,
WINKLER
COUNCILMEMBERS: NONE
COUNCILP1EMBERS: NONE
CUUNCILMEMBERS: NONE
~~
Vicki Lyn a uasad, City Clerk
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
CHAPTER 16.25
VESTING TENTATIVE MAPS
SECTIONS:
16.25.010 Citation and Authority.
16.25.020 Purpose and Intent.
16.25.030 Definitions.
16.25.040 Compliance With City-Plans and Ordinances.
16.25.050 Applicability.
16.25.060 Filing and Processing.
16.25.070 Fees.
16.25.080 Expiration.
16.25.090 Vesting on Approval of Vesting Tentative Map.
16.25.100 Development Inconsistent With Zoning Conditional
Approval.
16.25.110 Applications Inconsistent With Current Policies.
Section 16.25.010 Citation and Authority. This Chapter 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 16.25.020 Purpose and Intent. It is the purpose of this
Chapter to establish procedures necessary for the imple-
mentation 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 Chapter, the provisions of Title 16
Subdivisions 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 preservation of
the public health, safety and general welfare, and for the
promotion of orderly growth and development.
Section 16.25.030 Definitions.
A. Vestina Tentative Map. A "Vesting Tentative Map" shall mean
a "tentative map" for a residential and nonresidential sub-
division, as defined in Subdivisions, Title 16, that shall
have printed conspicuously on its face the words "Vesting
Tentative Map" at the time it is filed in accordance with
Subsection 16.25.060 and is thereafter processed in
accordance with the provisions thereof.
B. All other definitions set forth in Title 16, Subdivisions,
are applicable.
Section 16.25.040 Compliance with Citv Plans and Ordinances. No
land shall be subdivided and developed pursuant to a Vesting
Tentative Map for any purpose which is inconsistent with the
adopted General Plan and any applicable specific plan or not
permitted by the Zoning Ordinance or other applicable provisions
of the Municipal Code.
Section 16.25.050 Applicabilit
A. This Chapter shall apply to residential and nonresidential
developments. Whenever a provision of the Subdivision Map
Act, as implemented and supplemented by Title 16
Subdivisions, requires the filing of a tentative map or
tentative parcel map for a residential or nonresidential
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.
Section 16.25.060 Filina and Processina. 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 Title 16 Subdivisions 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" with letters not less than 1/2 inch (1/2") in
height in bold face type.
B. At the time a Vesting Tentative Map is filed, a subdivider
shall supply in addition the following; adequacy of the
submittals shall be determined by the City Engineer and
Community Development Director:
1. Location, height and area (as measured in square feet)
of any buildings proposed within the subdivisions.
2. Information on the uses to which the building and
property will be put.
3. Architectural schematics, including elevations and
drawings of the exteriors of all structures, conceptual
landscaping and proposed outdoor recreational areas as
contained in Title 17 Chapters 14 and 38.
4. Detailed site plan.
5. Sewer, water, storm drain and road details including
final grade and alignments shown on plans with a scale
not less than 1" = 100'.
6. Storm drain plan to show both on-site and off-site
storm runoff, water courses, channels, existing
channels and drainpipes, proposed facilities for
control of storm waters; and data as to the amount of
runoff and the approximate grade, dimensions and
capacity of proposed facilities for control of storm
waters.
7. Flood management studies in designated areas.
8. Detail grading plans not less than 1" = 100' assuring
that the project designed can be feasibly graded.
9. Geotechnical report assuring the project is in
conformance with City standards and can be feasibly and
safely graded and constructed.
l0. Traffic studies for fifty (50) units or more for
residential projects; 20,000 square feet or more of
cumulative space for commercial projects; and 20 acres
or more for industrial projects.
11. A phasing plan- for public facilities if phasing is
requested.
12. Copies of applicable development standards to be
imposed upon the property as set by the General Plan,
Specific Plan, current Zoning Ordinance or Municipal
Code.
Section 16.25.070 Fees. Upon filing a Vesting Tentative Map,
the subdivider shall pay the fees required by City Council
resolution for the filing and processing.
Section 16.25.080 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 Title 16 Subdivisions for the
expiration of the approval of or conditional approval of a
tentative map.
Section 16.25.090 Vestina on Approval of Vestina 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 Subsection 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 conditionally approved.
B. Notwithstanding Subsection 16.25.090.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 neighborhood and community 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 Subsection 16.25.080. If the
final map is approved, these rights shall last for the
following period of time:
1. An initial time period of one (1) 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 Section
16.25.090.0.1. 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 thirty (30) days, from the date
a complete application is filed.
3. A subdivider may apply for a one (1) year extension at
any time before the initial time period set forth in
Section 16.25.090.0.1. expires. If the extension is
denied, the subdivider may appeal that denial to the
City Council within fifteen (15) days.
4. If the subdivider submits a complete application for a
building permit during the periods of time specified in
Section 16.25.090.0.1. through 16.25.090.0.3, the rights
referred to herein shall continue until the expiration
of that permit, or any extension of that permit.
Section 16.25.100 Development Inconsistent With Zonina
Conditional Approval.
A. Whenever a subdivider files a Vesting Tentative Map for a
subdivision whose intended development is inconsistent with
the General Plan or Zoning Ordinance in existence at that
time, that inconsistency shall be noted on the map. The
City shall deny such a Vesting Tentative Map or approve it
conditioned on the subdivider, or his or her designee,
obtaining the necessary change in the General Plan and/or
Zoning Ordinance to eliminate the inconsistency. If the
change is obtained, the approved or conditionally approved
Vesting Tentative Map shall, nothwithstanding Subsection
16.25.090.A, confer the vested right to proceed with the
development in substantial compliance with the change in
General Plan and/or the Zoning Ordinance and the Map, as
approved.
B. The rights conferred by this Section shall be for the time
periods set forth in Subsection 16.25.090.C.
Section 16.25.110 Applications Inconsistent With Current
Policies. Notwithstanding any provisions 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 Subsection 16.25.090.A and
16.25.100, and the City may grant these approvals or issue these
permits to the extent that the departures are authorized under
applicable law.
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore,
DO HEREBY CERTIFY that the foregoing Ordinance had its first reading
on June 28, 1988, and had its second reading on July 12, 1988, and
was passed by the following vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY,
WASHBURN, WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
~F
I LY SAD', CITY CLERK
CITY OF . ~Cr. ELSINORE
(SEAL)
I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Ordinance No. 835, of said Council, and that the same
has not been amended or repealed.
DATED: July 13, 1988
VICK LYN S D, C TY CLERK
CITY OF E ELSINORE
(SEAL)