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Home My WebLink About85-153REL :adg-22 11/7/85 RESOLUTION NO. 85-153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING REGULATIONS FOR VESTING TENTATIVE MAPS WHEREAS, the State of California has amended the Sub- division Map Act (Government Code sections 66410 et seq.) to provide for "Vesting Tentative Maps" whereby developers may obtain a vested right to proceed with development in accordance with local laws and regulations in effect at the time of the tentative subdivision map; and WHEREAS, the City is required to adopt regulations appropriate for the implementation of the State law pertaining to "Vesting Tentative Maps" on or before January 1, 1986. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. Application (a) Until December 31, 1987, this resolution shall only apply to residential developments. Thereafter, this resolution shall apply to all developments. 1986. (b) This resolution shall become effective on January 1, 2. Types of tentative maps (a) Whenever a provision of the Subdivision Map Act, as imPlemented and supplemented by Chapter 34 of the Santa Ana Municipal Code, requires the filing of a tentative map, a Vesting tentative map may be filed in accordance with this resolution. (b) If a subdivider does not'seek the rights conferred by a vest%ng tentative map, the filing of a vesting tentative-map shall not be a prerequisite to any approval for any propoSed sub- division, permit for construction, or work preparatory to con- struction. RESOLUTION NO. 85- 153 PAGE TWO 3. Filing (a) A vesting tentative map shall be filed in the same form and content as any other tentative map except that it shall have the words "Vesting Tentative Map" printed conspicuously on its face. (b) The filing of a vesting tentative map shall be accompanied by the same data and reports, and shall be subject to the same prerequisite of development project plan review pursuant to Santa Ana Municipal Code Sections 41-668 through 41-674 as any other tentative map. (c) The filing fee for a vesting tentative map shall be the same as the filing fee for any other tentative map unless otherwise provided by subsequent resolution of the City Council. 4. .processing (a) A vesting tentative map which has been duly filed with the City shall be processed in the same manner as any other tentative map except as otherwise provided in this section. (b) Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning regulations in existence at the time of filing, the inconsistencies shall be noted on the map. Such map may be denied or may be approved conditional upon the subdivider sub- sequently obtaining the necessary zone change, variance, con- ditional use permit, or other similar development entitlement as appropriate to eliminate the inconsistency. 5. Vesting of development rights (a) Except as otherwise provided in this section, the approval.of a vesting tentative map shall confer a vested right on the subdivider and his successors-in-interest to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the date the City has deter- mined that the application is complete in accordance with Government Code Title 7, Division 1, Chapter 4.5 (sections 65920 e__~t seq.) (b) If the City has formally initiated proceedings, and published notice thereof, to amend applicable general plans, specific plans, or zoning or subdivision ordinances, before it has received a complete application, the development may be re- quired by the City to comply with any ordinances, policies, or standards enacted or instituted as a result of those proceedings. RESOLUTION NO. 85-153 PAGE THREE (c) If the applicant requests changes in applicable ordinances, policies or standards in connection with his devel- opment project, the development may be required by the City to comply with any ordinances, policies or standards adoDted pur- suant to such request. (d) If section 66474.2 of the Government Code is repealed, approval of a vesting tentative map shall confer a vested right on the subdivider and his successors-in-interest to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the vesting tentative map is approved. (e) In the case of a vesting tentative map which has been Conditionally approved pursuant to section 4(b), and if the actions therein specified as conditions to the approval of the vesting tentative map are subsequently approved prior to the expiration of the vesting tentative map, the vested right conferred upon the subdivider pursuant to this section includes the right to develop in accordance with the benefits granted by such subsequent actions, but is also subject to the conditions and limitations, if any, imposed through such~subsequent actions. (f) Ail fees, charges, and taxes pertaining to a development for which a vesting tentative map has been filed be paid in the amounts set at the time payment is due. shall 6. Expiration of vested development rights (a) The rights conferred'by Section 5 shall expire if a final map or parcel map is not approved prior to the ex- piration of the vesting tentative map. A vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, as if it were an ordinary tent- ative map. (b) Upon the approval of a final map or parcel map for a subdivision for which a vesting tentative map had be~n previously approved, the rights conferred by Section 5 shall last for two years beyond the recording of the final map or parcel map unless a shorter period is established by City ordinance. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the time period shall begin for each phase when the final map for that phase is recorded. (c) Any time prior to the expiration of the time period specified in subsection (b) of this section, the sub- divider may apply for a one-year extension. If the extension is denied by the Executive Director of Community Development, the subdivider may appeal that denial to the City Council within 15 days. RESOLUTION NO. 85-153 PAGE FOUR (d) The time period specified in subsection (b) of this section shall be automatically extended by any time used by the City for processing a complete application for a grading permit or for design or architectural review if the time used by the City to process the application exceeds 30 days from the date that a complete application is filed. (e) If the subdivider submits a complete application for a building permit during the time period specified in sub- section (b) of this section or any extension thereof, the rights conferred bY section 5 shall continue until the expiration of that permit or any extension of that permit granted by the City. 7~ Conditions and denials The City may condition or deny any permit, approval, extension or entitlement if it determines any of the following: (1) A failure to do so would place the residents of the subdivision or the immediate community, or both, in a con- dition dangerous to their health or safety, or both. (2) The condition or denial is required in order to comply with state or federal law. 8. Departures from ordinances~ policies and standards A property owner or his or her designee may seek ap- provals or permits which depart from the. ordinances, policies and standards described in section 5, and the City may Grant these approvals or ~issue these permits to the extent that the departures are authorized under applicable law. RESOLUTION NO. 85-153 PAGE FIVE 9. Construction of this Resolution This Resolution is intended to implement the provisions of the Subdivision Map Act pertaining to vesting tentative maps as adopted by the State Legislature in 1984 and 1985. In the event such provisions are hereafter amended or expanded, the provisions of this Resolution shall be deemed modified as necessary to correspond to such changes in State law. ADOPTED this ~Tth day of December , 1985. ATTEST: Daniel E. Griset Mayor ~e~ ir~eo~ ' t~Ycou/n c ~/ COUNCILMEMBERS: Griset Absent Johnson Aye, Ac os t a Ay~ Hart A¥~ Luxembourger Ave McGuigan Absent Young Absent APPROVAL AS TO FORM: cE~ r-A~Jt~er