ORD-10-86 URGENCY MEASURE ESTABLISHING REGULATIONS FOR VESTING TENTATIVE MAPS FOR RESIDENTIAL SUBDIVISIONSORDINANCE NO. 10-
86 AN INTERIM ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ORANGE ADOPTED AS
AN URGENCY MEASURE ESTABLISHING
REGULATIONS FOR VESTING TENTATIVE MAPS FOR
RESIDENTIAL
SUBDIVISIONS.WHEREAS, as of January 1, 1986, the Subdivision Map
Act authorizes a new form of tentative map for subdivisions
in California called the "vesting Tentative Map";
and WHEREAS, with approval of a vesting tentative map,
the developer is deemed to have vested rights to proceed
with development in substantial compliance with the local
ordinances,pOlicies and standards in effect at the time the
application for approval of the vested tentative map is
considered complete;
and WHEREAS, because a developer's vested rights
will extend for a considerable period of time, the City
will require far more information than is usually required for
a regular tentative map;
and WHEREAS, staff is in the process of revising Title
16 of the Orange Municipal Code, entitled Subdivisions,
to include the processing of vesting tentative maps; that
work has not been completed;
and WHEREAS, a developer has the right to file a
vesting tentative map and to know specifically what
requirements must be satisfied in order to have the map deemed
complete;
and WHEREAS, it is of vital importance for the
orderly growth and development of the City that an ordinance
be adopted immediately which will set forth in full the
require-ments and procedures for the vesting tentative
map.THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN
AS
FOLLOWS:Section
I:Title 16 of the Orange Municipal Code is hereby
amended to add Chapter 16.35 to read as
1l_._._
CHAPTER 16.35
VESTING TENTATIVE MAPS
16.35.010 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 (herein-
after referred to as the Vesting Tentative Map Statute).
16.35.020 Purpose and Intent. It is the purpose of
this Chapter to establish procedures necessary for the
implementation of the Vesting Tentative Map Statute, and to
supplement the provisions of the Subdivision Map Act and
Title 16 of this Code. Except as otherwise set forth in the
provisions of this Chapter, the applicable provisions of
Title 16 of this Code shall apply to vesting tentative maps.
To accomplish this purpose, the regulations outlined in
this Chapter are determined to be necessary for the preserva-
tion of the public health, safety and general welfare, and
for the promotion of orderly growth and development.
16.35.030 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 Title 17 or
other applicable provisions of the Orange Municipal Code.
16.35.040 Definitions. A. A "vesting tentative map"
shall mean a "tentative map" for a residential subdivision,
as defined in other provisions of Title 16 of this Code,
that shall have printed conspicuously on its face the words
Vesting Tentative Map" at the time it is filed in accordance
with Section 16.35.060, and is thereafter processed in
accordance with the provisions hereof.
B. All other definitions set forth in the Title 16 of
this Code are applicable.
16.35.050 Application. A. This Chapter shall apply
only to residential developments. Whenever a provision of
the Subdivision Map Act, as implemented and supplemented by
other provisions of Title 16 of this Code, requires the
filing of a tentative map or tentative parcel map for a
residential development, a vesting tentative map may instead
be filed, in accordance with the provisions hereof.
ORD 10-86 2 -
n_"_____ ___________________"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.16.
35.060 Filing. A vesting tentative map shall be filed
in the same form and have the same contents, accompany-ing
data and reports as set forth in other provisions of Title
16 for a tentative map, except as hereinafter provided:A.
Subdivider shall obtain Design Review Board prelim-inary
approval of development prior to filing a vesting tentative
map. Processing and content shall be as detailed in
City's document entitled "Design Review Board Submittal Procedure."
B.
Subdivider shall obtain all necessary zone changes prior
to or concurrent with filing a vesting tentative map.C.
At the time a vesting tentative map is filed it shall
have printed conspicuously on its face the words Vesting
Tentative Map."D.
At the time a vesting tentative map is filed, a subdivider
shall also supply the following information:1.
Design Review Board approved plans and drawings
2.
Sewer, water, storm drain, and road details 3.
Geological studies 4.
Flood control information 5.
School impact analysis 6.
Traffic impact analysis 7.
Detailed grading plans 8.
Solar access, passive or natural heating or cooling
opportunities analysis 9.
Signing program (advertising, locational, and safety
signing systems)10.
Any other material considered essential to the
proper evaluation of the project (i.e.open
space maintenance responsibilities,provisions
made for trails and/or parks and
their maintenance responsibilities).3 -
ORD 10-86
NOTE:All developments require compliance with
the California Environmental Quality Act.
Some of the above information may be included
in reports prepared for that purpose. If so,
the information requested above need only be
referenced to the E.I.R.
16.35.070 Processin~. A. Within thirty (30) days,
the appl~cant will be not~fied that the application is
accepted as complete or not complete. If the application is
not accepted as complete, the applicant shall be notified of
the measures required to make the application complete.
B.
the same
Code for
All vesting tentative
manner as set forth in
a tentative tract map.
maps shall be processed in
Section 16.12.010 of this
16.35.U80 Fees. Upon filing a vesting tentative map,
the subdivider shall pay the fees required by the current
fee schedule for the filing and processing of a tentative
map.
16.35.090 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 other provisions of this Code for
the expiration of the approval or conditional approval of a
tentative map.
16.35.100 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 as 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,
policies, and standards in effect at the time the vesting
tentative map is approved or conditionally approved.
B.
extension
if any of
Notwithstanding subdivision A, a permit, approval,
or entitlement may be made conditional or denied
the fOllowing are determined:
ORD 10-86 4 -
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.
All extentions of time are discretionary and may be
approved, conditionally approved or denied.
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 16.35.090. If
the final map is approved, these rights shall last for the
following periods of time:
1. An initial time period of twelve (12) months.
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 Subsection
1 shall be automatically extended by any time
used for processing a complete application
for a grading permit or for design or architec-
tural 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 Subsection 1 expires.
4. If the sUbdivider submits a complete applica-
tion for a building permit during the periods
of time specified in Subsections 1 through 3,
the rights referred to herein shall continue
until the expiration of that permit, or any
extension of that permit.
16.35.110 Applications Inconsistent with Current Policies.
Notwithstanding any other provision of this Chapter, a
property owner or his designee may seek approvals or permitsfordevelopmentwhichdepartfromtheordinances, policies
5 -ORD 10-
86
and standards described in Section 16.35.100 and these
approvals may be granted or these permits issued to the
extent that such departures are authorized by provisions of
Title 16 of this Code or by current policies.
Section II:
The facts constituting the urgency justifying the
enactment of this Ordinance as an urgency measure are as
follows:
As of January 1, 1986, a developer has been entitled to
file an application for a vesting tentative map. The staff
has been in the process of completely revising Title 16 of
the Orange Municipal Code to include the requirements and
procedures for the vesting tentative map. That revision has
not been completed. Because of the nature of the vesting
tentative map, the City has the right to impose requirements
which are normally not needed for regular tentative maps.
One application for q vesting tentative map has been filed
and several more are expected in the next several weeks.
The revised Title 16 will not be completed and adopted
within the next sixty (60) days. It is of vital importance
that the City set forth the requirements and procedures
for the vesting tentative map to insure developer compliance.
The health, safety and welfare of the citizens of the
City of Orange require orderly growth and development of
the City. Orderly growhh and development will be substantially
protected by the immediate adoption of this Ordinance.
Therefore, Ordinance No. 10-86 is hereby adopted as
an urgency measure in accordance with Section 36937 of
the California Government
Code.ADOPTED this 18th day of March
1986.e City of
Orange
ATTEST:City Clerk of the City of
Orange ORD 10-86 6 -
STATE OF CALIFORNIA )COUNTYOFORANGE ) ss CITY OF ORANGE )
I, MARILYN J.
JENSEN, City Clerk of
the City of
Orange,California, do hereby certify that the foregoing Ordinance was introduced
at the regular meeting of the City Council
held on the lRth day of M"uh , 19.8.
6.-' and thereafter at a regular meeting of saidCityCouncilduly held
on the 18th day of March , 19..a.6- was
duly passed and adopted by the following vote, tow~t:AYES:COUNCILMEN: SMITH, BARRERA, MAYOR BEAM PEREZ, BEYER COUNCILMEN: NONE NOES:
ABSENT:COUNCILMEN: NONE City Clerk of
the City
of Orange7 -
ORD 10-86