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HomeMy WebLinkAboutOrdinance No. 2294 ORDINANCE NO. 2294 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING SECTION 18. 04.150 AND CHAPTER 18. 30 TO THE AZUSA MUNICIPAL CODE RELATING TO VESTING TENTATIVE MAPS FOR SUBDIVISIONS THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 18.04.150 is hereby added to the Azusa Municipal Code to read as follows: 18. 04.150 Vesting Tentative Map. "Vesting tentative map" shall mean a tentative map or tentative parcel map for a residential subdivision and shall have printed conspicuously on its face the words "vesting tentative map" at the time it is filed in accordance with Title 18 and is thereafter processed in accordance with the provisions of Chapter 18. 30 . SECTION 2. Chapter 18 . 30 is hereby added to the Azusa Municipal Code to read as follows : CHAPTER 18. 30 VESTING TENTATIVE MAPS 18. 30 . 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. 18. 30 .020 Purpose and Intent. It is the purpose of this Chapter to establish procedures necessary fpr the implementation of the vesting tentative map statute as described in Section 18. 30 . 010 and to supplement the provisions of the Subdivision Map Act and Title 18 of the Azusa Municipal Code. To accomplish this purpose, the regulations outlined in this Chapter are determined to be necessary for the preservation of the public heath, safety and general welfare, and for the promotion of orderly growth and development . 18 . 04 .030 Findings. The City Council of the City of Azusa finds, determines and declares that : A. The State of California has determined the necessity for local agencies to permit vesting tentative maps . B. The amendment to the Subdivision Map Act permitting vested tentative rights permits local agencies to adopt guidelines and regulations for the processing of vesting tentative maps . C. The adoption of provisions for vesting tentative maps will not significantly affect the quality of the environment within the City of Azusa nor be contrary to the goals and -1- PMT/ORD2203 objectives of the City' s zoning ordinance, subdivision ordinance, or general plan. D. The vesting tentative map regulations set forth in this Chapter will provide the necessary guarantees to insure that all projects are adequately served by streets, utilities and improvements as set forth in Title 18 of the Azusa Municipal Code. 18. 30.040 Applicability of Chapter . A. This chapter shall apply only to residential developments . Whenever a provision of the Subdivision Map Act, as implemented and supplemented by Title 18, requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may be filed instead of a tentative map in accordance with the provisions of this Chapter . 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. C. Except as otherwise set forth in the provisions of this Chapter , the provisions of Title 18 shall apply to vesting tentative maps. 18. 30 .050 Fees. All persons submitting a vesting tentative map shall pay all fees required for subdivision in accordance with Title 18. 18. 30 . 060 Application for Vesting Tentative Map. A vesting tentative map shall be filed in the same form and have the same contents, accompanying data, and reports as required for tentative maps and tentative parcel maps pursuant to this Title, and shall be processed in the same manner as set forth in this Title except at the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map. " 18. 30 . 070 Other Project Approvals . The approval or conditional approval of a vesting tentative map shall not limit the City from imposing reasonable conditions on required approvals or permits necessary for the project and authorized by the ordinances, policies and standards of the City of Azusa in effect at the time the vesting tentative map is approved or conditionally approved. 18. 30 . 080 Expiration of Vesting Tentative Map. A. The approval or conditional approval of a vesting tentative map shall expire at the end -2- PMT/ORD2203 of the same time period established by this Title and other applicable law for the expiration of the approval or conditional approval for tentative maps and shall be subject to the same extensions allowed for such maps. B. The rights conferred by a vesting tentative map shall last for one year following the recordation of the final map. 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. C. The initial time period set forth in subparagraph B 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 filed. D. If the subdivider submits a complete application for a building permit during the periods of time specified in this Section, the rights referred to herein shall continue until the expiration of the permit or any extensions of that permit. E. The subdivider may apply for a one-year extension at any time before the initial time period set forth in subsection A expires. 18. 30.090 Modifications to an Approved Vesting Tentative Map. Modifications to an approved vesting tentative map shall be processed in accordance with the procedures for modifications to tentative maps. 18. 30 .100 Development Rights . A. The approval or conditional approval of a vesting tentative map shall confirm a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards of the City of Azusa in effect at the time the vesting tentative map is approved or conditionally approved. B. Notwithstanding subsection 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 immediate community, or both, in a condition dangerous to their health or safety, or both. -3- PMT/ORD2203 1 2. The condition or denial is required in order to comply with state or federal law. C. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The City may deny such a vesting tentative map or approve it conditioned upon the subdivider or his or her designee obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding Subsection A, confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map as approved. The rights conferred by this section shall be for the time period set forth in Section 18. 30. 080. D. Notwithstanding any other provision of this Chapter , the property owner or his or her designee may seek approvals or permits for the development which depart from the ordinances, policies, and standards described in Subsections A and B, and these approvals may be made to the extent that such departures are authorized under applicable law. SECTION 3 . Pursuant to Government Code Sections 36934 and 36937 , the City Council of the City of Azusa hereby declares this ordinance to be an urgency ordinance requiring the immediate enactment thereof because the same is necessary for the immediate preservation of the public peace, health, safety and general welfare of the City and its citizens, and, accordingly, the provisions of this ordinance shall become effective at once as an urgency ordinance. The facts constituting such urgency are that Government Code Section 66498.8 requires cities to adopt an ordinance or resolution implementing the vesting tentative rights statute on or before January 1, 1986, and permits developers to utilize provisions of the vesting tentative map statute on and after January 1, 1986. Unless this ordinance is adopted as an urgency ordinance, the city would have no standards by which to evaluate and implement the vesting tentative map statute on and after January 1, 1986. SECTION 4 . In taking this action the City Council considered the effects of the decision on the housing needs of the region in which the city is located and balanced those needs against the public service needs of the city residents and available fiscal and environmental resources. -4- PMT/ORD2203 SECTION 5. This ordinance shall be effective immediately upon its adoption. APPROVED AND ADOPTED this 16th day of December, 1985 . 411#i154° 5414°d141".. ATTEST: CIT CLERK .4./ j STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA I HEREBY CERTIFY that the foregoing Ordinance No. 2294 was introduced and adopted as an .lrgency ordinance at a regular meeting of the City Council of the City of Azusa held on the 16th day of December , 1985, by the following vote, to wit : AYES: Councilmembers: Cruz, Cook, Camarena, Latta, Moses NOES: Councilmembers: None ABSEN : Councilmembers: None ty -5- PMT/ORD2203