HomeMy WebLinkAboutOrdinance #2953 ORDINANCE NO. 2g53
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
SECTIONS 9843 , 9902 , 9903 , 9905 AND 9911 AND
ADDING NEW ARTICLE 999 ESTABLISHING REGULATIONS
FOR VESTING TENTATIVE MAPS .
The City Council of the City of Huntington Beach does ordain as
follows:
SECTION 1 . The Huntington Beach Ordinance Code is hereby
amended by amending sections 9843, 9902 , 9903 , 9905 and 9911 to read
as follows :
S . 9843 TIME LIMIT. Each conditional use permit authorized
under the provisions of this article shall become null
and void unless actual construction has commenced within one (1 )
year from the date of final approval .
(a ) In the case of conditional use permit applications for planned
residential developments, said approval shall become null and
void unless a final map has been recorded with the county
recorder 's office within twenty-four (24 ) months from date of
final approval .
(b) A conditional use permit in conjunction with a coastal
development permit which receives final approval from the
California Coastal Commission shall expire one year from the
Coastal Commission's approval date.
li (c) Conditional use permits processed concurrently with vesting
tentative maps shall be effective for the life of the vesting
tentative map.
S . 9902 DEFINITIONS. Whenever any words or phrases as used in
this chapter are not defined herein but are defined in
the Subdivision Map Act as last amended, such definitions are
incorporated herein and shall be deemed to apply as though set forth
I,I
in this chapter .
(26 ) TENTATIVE TRACT MAP shall mean a map made for the purpose of
showing the design of a proposed subdivision of real property
and the existing conditions in and around it, and need not be
based upon an accurate or detailed final survey of the
property.
(27 ) TENTATIVE PARCEL MAP shall mean a map made for the purpose of
showing the separation of a parcel or parcels of real property
into four (4 ) or less parcels .
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(28 ) VESTING TENTATIVE MAP shall mean a "tentative tract map" or
"tentative parcel map" as defined herein, that shall have
printed conspicuously on its face the words "Vesting Tentative
Tract Map" or "Vesting Tentative Parcel Map" at the time it is filed
in accordance with Article 999 and is thereafter pro- cessed in
accordance with the provisions hereof. Reference to Vesting
Tentative Map throughout this Chapter shall be applicable to Vesting
Tentative Tract Maps and Vesting Tentative Parcel Maps .
(29 ) USABLE LOT AREA shall mean that portion of a lot which does
not exceed a slope of ten ( 10 ) percent .
Any portion of the lot exceeding ten (10 ) percent shall, for the
purpose of this chapter, be considered slope and not usable lot area .
S. 9903 ADVISORY AGENCIES. All advisory agencies designated
herein are charged with the duty of making investiga-
tions and reports on design and improvement of proposed divisions of
real property and are hereby authorized to approve, conditionally
approve or disapprove maps required to be prepared and filed by this
chapter and the Map Act , to prescribe the kinds , nature, and extent
of improvements required to be installed, and report directly to the
subdivider the action taken on such map. The Subdivision Committee
shall advise and assist in making investigations and reports on
tentative maps.
(a) TENTATIVE TRACT MAPS . The Planning Commission shall
constitute the advisory agency for tentative tract maps .
(b) TENTATIVE PARCEL MAPS. The Zoning Administrator shall
constitute the advisory agency for tentative parcel maps .
(c) VESTING TENTATIVE MAPS . 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.
S. 9905 FILING FEES . The filing fee for a tentative tract,
tentative parcel, vesting tentative, final tract, or
final parcel map shall be subject to an amount established by
resolution of the City Council .
S. 9911 DUTIES OF COMMITTEE . It shall be the duty of the
Subdivision Committee to examine each tentative map
and vesting tentative map for subdivisions as defined in this
chapter to determine whether said map complies with the Subdivision
Map Act, this chapter , and the general plan for development of the
City, and to recommend approval, disapproval, or conditional
approval of said map to the Planning Commission.
SECTION 2 . The Huntington Beach Ordinance Code is hereby
amended by adding thereto new Article 999 entitled, "Vesting
Tentative Maps" to read as follows :
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ARTICLE 999
VESTING TENTATIVE MAPS
S. 9990 CITATION AND AUTHORITY . This article is enacted
pursuant to authority granted by Chapter 4 .5 of Divi-
sion 2 of Title 7 of the California Government Code, commencing with
section 66498 .1, referred to in this code as the "Vesting Tentative
Map Statute. "
S. 9990 . 1 PURPOSE AND INTENT. The purpose of this article is to
establish procedures necessary to implement California
Government Code section 66498 . 1 et seq. , and to supplement the
provisions of the Subdivision Map act and Chapter 99 of this code.
Except as otherwise provided herein, the provisions of this chapter,
in pertinent part, shall apply to this article .
To accomplish this purpose, the regulations outlined in this article
are deemed necessary to preserve the public health, safety and
general welfare, and to promote orderly growth and development .
S. 9990 .2 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 any district regulation or other
applicable provision of this code or the Huntington Beach Municipal
Code.
S. 9990 .3 APPLICATION. Whenever a provision of the Subdivision
Map Act, as implemented and supplemented by this chap-
ter, requires the filing of a tentative tract map or tentative
parcel map for a residential development, a vesting tentative map
may instead be filed in accordance with the provisions hereof .
If a subdivider does not seek the rights conferred by this article,
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.
S. 9990 .4 VESTING TENTATIVE MAP--CONDITIONAL USE PERMIT REQUIRED.
Vesting tentative maps shall be permitted subject to
issuance of a conditional use permit as provided in Article 984 . An
application for such map and conditional use permit shall be filed
for concurrent processing with the Department of Community
Development .
S . 9990 .5 EXPIRATION OF VESTING TENTATIVE MAPS. The approval or
conditional approval of a vesting tentative map shall
expire twenty-four (24 ) months from the date the map was approved or
conditionally approved. The expiration of the approved or
conditionally approved tentative map shall terminate all
proceedings . Any subsequent subdivision of the same real property
shall require the filing and processing of a new subdivision map.
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S. 9990 .6 EXTENSION ON VESTING TENTATIVE MAPS .
(a) Extension. The subdivider filing a vesting tentative
map may request an extension of the vesting tentative
map approval by written application to the Department
of Community Development, such application to be filed
at least thirty (30 ) days before the expiration of the
approved or conditionally approved map. The
application shall state the reasons for the requested
extension.
(b) Time Limit on Extensions. An extension of a vesting
tentative map approval or conditional approval may be
extended by the city for a period not to exceed one
year . The extension of time shall commence with the
expiration date of the approved or conditionally
approved map.
S . 9990 .7 CITY COUNCIL APPROVAL AND RECORDATION OF FINAL VESTING
MAP. Failure on the part of the subdivider to
submit a final vesting map to the city for approval by the City
Council , and to have such map recorded with the county recorder
prior to the expiration of the tentative vesting map shall terminate
all proceedings . Any subsequent subdivision of the same real
property shall require the filing of a new subdivision map.
S . 9990 .8 EXPIRATION OF VESTING RIGHTS CONDITIONED ON APPROVAL OF
FINAL MAP . The rights referred to in this chapter
shall expire if a final map is not approved prior to the expiration
of the vesting tentative map. If the final map is approved, these
rights shall be valid for the following periods of time:
(a) For one year beyond the recording of the final map.
Where several final maps are recorded on various phases
of a project covered by a single vesting tentative map,
the initial time period shall begin for each phase when
the final map for that phase is recorded.
(b) The initial time period set forth in this section shall
be automatically extended by any time used for process-
ing 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.
S. 9990 .9 APPLICATION FOR ONE-YEAR EXTENSION. A subdivider may
apply for a one-year extension to the City Council at
any time before the initial time period set forth in section 9990 .8
expires .
S . 9990 . 10 FILING AND PROCESSING. 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 provided in sections 9930 et seq. for tentative maps
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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. "
(b) At the time a vesting tentative map is filed, a
subdivider shall also supply the information required
by section 9930 .2 (c) and (d) of this chapter .
(c) The design and specifications for all public facilities
including but not limited to on and off-site sewer ,
water , drainage, roads, and other improvements . The
subdivider shall submit detailed geological, drainage,
flood control, soils, traffic, or other reports deemed
necessary by the City Engineer and Director of Commu-
nity Development to permit a complete review of the
design and improvements for the subdivision. The
subdivider, for subdivisions over five units, shall
also submit a fiscal impact report prepared by an
independent economic analyst, evaluating the projected
impacts the development may have on city services .
Such report shall also include marketing and cost
benefit information for the project .
(d) Detailed final grading plans showing existing and
proposed finished grades .
(e) A detailed site plan of the proposed development drawn
to scale, showing the size and location of all existing
and proposed buildings, driveways, landscaping, walls,
parking, and other pertinent information.
( f) Fully dimensioned floor plans; building elevations
showing all building heights, materials and colors .
( g) Detailed landscape plans .
(h) Proposed uses for building.
S. 9990 . 11 OTHER DEPARTMENTS - REVIEW REQUIRED. Copies of the
vesting tentative map shall be transmitted to the City
Engineer and other departments and agencies as to the Planning
Division deems appropriate.
S . 9990 . 12 FEES. Upon filing a vesting tentative map, the
subdivider shall pay the fees required by resolution of
the City Council for the filing and processing of tentative maps .
There shall be no deferral of any fees required under provisions of
this chapter or any part of this code.
S. 9990 .13 VESTING ON APPROVAL OF VESTING TENTATIVE MAP. The
- approval or conditional approval of a vesting tentative
map shall confer a vested right to proceed with development in
substantial compliance with the provisions of California Government
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Code section 66474 .2 .
(a) However, if Government Code section 66474 .2 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 provisions of this code, and the policies and
standards in effect at the time the vesting tentative
map is approved or conditionally approved.
(b) Repeal of Government Code Chapter 4 .5 Development
Rights shall automatically repeal this article.
S. 9990 .14 VESTING TENTATIVE MAP--CONDITIONS ATTACHED TO VESTED
RIGHT. A request for a building permit, extension of
time, or an entitlement may be conditioned or denied if any of the
following are determined:
(a) 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.
(b) The condition or denial is required in order to comply
with state or federal law.
S. 9990 .15 VESTED RIGHTS AFFECTED BY BUILDING PERMIT APPLICATION.
If the subdivider submits a complete application for a
building permit during the periods of time specified in sections
9990 . 11 and 9990 . 12 of this chapter, the rights referred to herein
shall continue until the expiration of that permit, or any extension
of that permit as established in Chapter 17 of the Huntington Beach
Municipal Code.
PAGE END
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SECTION 3 . This ordinance shall take effect thirty days after
its passage.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 15th day
of August , 1988 . Z/
Mayor
ATTEST: APPROVED AS TO FORM:
Of
City Clerk Attorney
Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
C Cx L2Z)��� -
City Administrator Di r Community
Developm t
be
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2953
Ord. No. 2953
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly appointed, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 1st day of August
19 88 , and was again read to said City Council at a regular
meeting thereof held on the 15th day of . August _, 19 88 , and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
AYES: Councilmembers:
Kelly, Green, Finley, Erskine, Winchell
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Mays, Bannister
1, Connie Brockway MY CLERIC of the City of
Hun&V4n Bosch and ex-off1cio Clerk of the City
Council,do Nw*certify that a spMxl8 of ft
cud''rancehas been p0islvd inftDail Pilot on City Clerk and ex-officio ClWrk
t9 of the City Council of the City
40 ,In acca with the City sr of said City. of Huntington Beach, California
Connie Brockway
Cityy Gunk
� Cork
2953