HomeMy WebLinkAboutOrd 1985-2134 ORDINANCE NO. 2134
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
TITLE 18, CHAPTERS 18.08, 18.12 AND 18.28
OF THE CHULA VISTA MUNICIPAL CODE BY THE AMENDMENT
OR ADDITION OF VARIOUS SECTIONS AND BY THE ADDITION
OF CHAPTER 18.13 ESTABLISHING PROCEDURES FOR
VESTING OF TENTATIVE MAPS FOR RESIDENTIAL SUBDIVISIONS
The City Council of the City of Chula Vista does ordain
as follows:
SECTION I: That Title 18, Chapter 18.08 of the Chula
Vista Municipal Code is amended by the addition of Section
18.08.320 to read as follows:
Sec. 18.08.320 Definitions.
"Vesting Tentative Map" means a tentative map for a
residential subdivision which conforms with the
requirements of Chapter 18.13 and confers upon the
subdivider certain rights established by this title.
"Vesting Tentative Parcel Map" means a vesting tentative
map prepared in conjunction with a parcel map.
SECTION II: That Title 18, Chapter 18.12 of the Chula
Vista Municipal Code is amended by the addition of Section
18.12.015 to read as follows:
Sec. 18.12.015 Vesting Tentative Maps.
The vesting tentative map may be filed and processed
in the same manner and subject to the same requirements
as a tentative map except as provided in Chapter 18.13.
SECTION III: That Title 18 of the Chula Vista Municipal
Code is amended by the addition of Chapter 18.13 to read as
follows:
CHAPTER 18.13
VESTING TENTATIVE MAPS
Sections:
18.13.010 Authority.
18.13.020 Filing and Processing.
18.13.030 Rights Conferred.
18.13.040 Consistency with Zoning
and General Plan.
Sec. 18.13.010 Authority.
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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-Subdivision Map Act) and is intended
to implement the provisions of that chapter.
Sec. 18.13.020 Filing and Processing.
A. Whenever this title requires the filing of a
tentative map or tentative parcel map for a
residential development~ the subdivider may file a
vesting tentative map or vesting tentative parcel
map subject to the provisions of this chapter.
B. At the time a vesting tentative map is filed~ it
shall have printed conspicuously on its face
"vesting tentative map". If the map is a vesting
tentative parcel mapt the words "vesting tentative
parcel map" shall appear conspicuously on its face.
C. In addition to the other information required by
this title to be shown on or provided with a
tentative map or tentative parcel mapt a vesting
tentative map or vesting tentative parcel shall
show or be accompanied by the following information
in a form satisfactory to the Director of Planning
and the City Engineer:
(1) The height~ bulk and location of proposed
buildings.
(2) The design and specifications of all
public facilities including but not
limited to on and off site sewert water~
drainaget roadst and other improvements.
The subdivider shall submit detailed
geologicalt drainage~ flood control,
soils, traffic~ or other reports deemed
necessary by the City Engineer or the
Director of Planning to permit complete
review of the design and improvements for
the subdivision. The subdivider~ for
subdivisions over five unitst shall also
submit a fiscal impact report prepared by
an independent economic analyst,
analyzing the projected impacts the
development will have on services; the
report shall include marketing
information and a cost benefit analysis
for the project.
(3) Detailed final grading plans showing
existing and proposed finished grades at
two foot intervals.
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(4) Information on the uses to which the
buildings will be put and general
architectural renderings of the buildings.
(5) Detailed landscape plans.
D. Notwithstanding any other provisions of this code
to the contrary, all vesting tentative maps
regardless of the number of lots, shall be
considered by the City Council after a report and
recommendation by the Planning Commission.
E. Notwithstanding any provisions of this code to the
contraryr all vesting tentative parcel maps shall
be referred to the Planning Commission for
consideration. The decision of the Planning
Commission shall be final unless the decision is
appealed to the City Council pursuant to applicable
provisions of this Code.
F__. Notwithstanding any provisions of this Code to the
contrary~ the time for filing a final map for a
vesting tentative map shall not be extended.
Failure to file a final map within the time period
established by this code for tentative maps shall
terminate all proceedings and no final map or
parcel map for all or any part of the property
included within the vesting tentative map shall be
filed without first processing a new map pursuant
to this title.
G. Notwithstanding any provision of this code to the
contrary~ the time for filing a parcel map for a
vesting tentative parcel map shall not be
extended. Failure to file a parcel map within the
time period established by this Code shall
terminate all proceedings and no final map or
parcel map for all or any part of the property
included within the vesting tentative map shall be
filed without first processing a new map pursuant
to this title.
H. A vesting tentative map or vesting tentative parcel
map shall not be approved or conditionally approved
unless the City Council or Planning Commission,
whichever is the final decision making body, finds
on the basis of studies and reports submitted by
the subdivider that all public facilities necessary
to serve the subdivision or mitigate any impacts
created by the subdivision will be available for
the entire time that the vesting tentative map or
vestinq tentative parcel map is valid plus any time
during which the rights conferred by Section
18.13.030 exist.
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Sec. 18.13.030 Rights Conferred.
A. Approval or conditional approval of a yestint
tentative map or vesting tentative parcel map shall
confer a right to proceed with residential
development in substantial compliance with the
ordinances, policies and standards described in
Section 66474.2 of the Government Code. However,
if Section 66474.2 is repealed~ the approval 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 or vesting tentative parcel
map was approved or conditionally approved. Any
disputes whether a development substantially
complies with the approved or conditionally
approved map, or with ordinances~ policies or
standards described in this subsection~ shall be
resolved by the City Council.
B. Notwithstanding Subsection A, the permit or
entitlement for development may be conditionally
approved or denied if at the time of the issuance
of the permit approval or entitlement~ it is
determined by the issuing authority or the City
Council on appeal:
(1) A failure to condition or deny the permit or
entitlement would place the residents of the
subdivision or of the immediate community or
both in a condition dangerous to their health
or safety; or
(2) The condition or denial is required in order
to comply with state or federal law
C. The rights conferred by a vesting tentative map or
vesting tentative parcel map shall expire if:
(1) A final map or parcel map is not approved
prior to the expiration of the vesting
tentative map or the vestinq tentative parcel
map.
(2) The applicant has requested and the City has
approved a change in the type~ density~ bulk
or design of the development unless an
amendment to the vesting tentative map or
vesting tentative parcel map has been approved.
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~ D. Upon the filing of a final map or a parcel map for
a vesting tentative map or a vesting tentative
parcel mapf the rights conferred by Subsection A
shall continue for one year. Where several final
maps or parcels map are recorded on various phases
of a project covered by a single vesting tentative
map or vesting tentative parcel map~ this period
shall begin for each phase when the final map or
parcel map for that phase is recorded.
E. The time period set forth in Subsection D shall be
automatically extended by any time used for
processing a complete application for a grading
permit if such processing exceeds 30 days from the
date a complete application is accepted.
F. Subdivider may apply to the City Council for a one
year extension of the rights conferred by
Subsection D at any time before the time period set
forth in Subsection D expires. An extension may be
granted only if the Council finds that the map
still complies with the requirements of this
chapter. The City Council may approve,
conditionally approvef or deny the extension in its
sole discretion.
" G. If the subdivider submits a complete application
for a building permit during the periods of time
set forth in Subsections D through F~ the rights
referred to therein shall continue until the
expiration of that building permit or any extension
of that permit.
H. Upon the expiration of the time limit specified in
Subsections A~ D~ E~ F or G~ all rights conferred
by this section shall cease and the project shall
be considered as the same as any subdivision which
was not processed pursuant to this chapter.
I. Notwithstanding Subsection Ar the amount of any
fees which are required to be paid either as a
condition of the map approval or by operation o~
any law shall be determined 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 tentative
parcel map.
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Sec. 18.13.040 Consistency with Zoning and General
Plan.
No vesting tentative map or vesting tentative parcel
map shall be approved if the proposed map or the design
or improvement of the proposed development are not
consistent with the applicable general, specific or
master plans or with applicable provisions of Title 19.
If development of the project for which a vesting
tentative map or vesting tentative parcel map requires
any permits or approvals pursuant to Title 19 of this
codet those permits or approval shall be processed
concurrently with the vesting tentative map or vesting
tentative parcel map. A vesting tentative map or
vesting tentative parcel map shall not be approved if
all other discretionary permits or approvals have not
been approved either prior to or concurrently with the
approval of the map.
SECTION IV: That Title 18, Chapter 18.28 of the Chula
Vista Municipal Code is amended by the amendment of Section
18.28.030 to add the following sentence:
Sec. 18.28.030 Tentative Map Fee.
Any additional fee in an amount established by City
Council Resolution for processing a vesting tentative
map.
SECTION V: The provisions of this ordinance shall
become effective on January 1, 1986 or thirty days after its
adoption, whichever is later.
Presented by Approved as to form by
rem DR of Charles R. Gill, Assistant
Planning City Attorney
J hn P. Li~p~ctor of
~blic Works/City Engineer
0974a
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FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE
TY OF CHULA VISTA· CALIFORNIA· HELD Nove_nzber 26 , 19 e___5· AND
FINALLY PASSED AND ADOPTED AT A REGULAR MEETlrNG THEREOF HELD December
19 85 · BY THE FOLLOWING VOTE, TO-WIT:
AYES: Co~cilmen: Scott, McCandliss, Cox, Malcolm, Moore
NAYES: Councilmen: None
ABSTAIN: ~ilmen: None
ABSENT: Councilmen: None
Mayor f City of Chulo Vista
,_;;,,"' city
,,, ATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, Colifornio,
DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of
ORDINANCE NO, 2134 ,and that the same has not been amended or repealed.
DATED
(seal) City Clerk
CC-660