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Home My WebLink AboutCode Amendment 88-1 - Ordinance 2953 - Add Article 999 - Ves AL nOrIzed to Pubhsh Advertisements of all ks.__ including public notices b.Y'Decree of the Superior Court of Orange County, Calitorp�a. Number A-6214, dated 29 September. 1961. and I ----- A-24831, dated 11 June. 1963. PUBLIC NOTICE NOTICE OF STATE OF CALIFORNIA PUBLIC HEARING CODE AMENDMENT County of Orange PU01K notice ♦overusing cover 88-1 by this atnoavn is so in 7 Pant (Vesting Tentative Map With 10 pica column sloth Ordinance) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold I am a Citizen Of the United States and a resident of a public hearing ln the Coun- oil Chamber at the Hunt- the County aforesaid; I am over the age of eighteen Ington Beach Civic Center, 2000 Main Street, Hunt- years, and not a party to or interested in the below Ington Beach,California,on the date and at the time In-, entitled matter. I am a principal clerk Of the Orange consider the tateceiveanf consider the statements of Coast DAILY PILOT, with which is Combined the all persons who wish a be heard relative to the ppll- tion NEWS-PRESS, a newspaper of general circulation, caDATE/TIrME:,ibed below., 1, 1988, PM printed and published in the City of Costa Mesa, August APPtLICATION7:00 NUMBER: Code Amendment No.88-1 County of Orange, State of California, and that a .APPLICANT:City of Hunt-, Notice of I ington Beach — — LOCATION:City-wide Public Hearing ZONE:Applies to all resi- dential, commercial and In- dustrial zoning districts. REQUEST:To establish a. i of which copy attached hereto is a true and complete Vesting Tentative Map Ordi nance by adding Article 999, i copy, was printed and published in the Costa Mesa, entitled "Vesting Tentative Maps," and amend related Newport Beach, Huntington Beach, Fountain Valley, Sections 9843, 9902, 9903, 9905 and 9911. Irvine, the South Coast communities and Laguna ENVIRONMENTAL _ I STATUS: Categorically ex-emPt i Beach issues of said newspaper for one dam_ 1530 p pursuant section t5300.4 from the provisions �[ of the California En- CON [$to wit the issue(s) Of vironmental Quality Act. ON FILE: A copy of the proposed request Is on file In the Department of Com- munity Development, 2000 Main Street, Huntington July 21 198 8 Beach,California 92648,for i Inspection by the public. A copy of the staff report will be available to interested 198 parties at City Hall or the Main City Library (7111 Talbert Avenue) after July 29, 1988. 198 ALL INTERESTED_PER- SONS are invited to attend said hearing and express opinions or submit evidence 198 for or against the application as outlined above.All appli- cations, exhibits, and de- scriptions of this proposal are on file with the Office of 198 the City Clerk, 2000 Main Street, Huntington Beach, California,for inspection by the public. HUNTINGTON BEACH I declare, under penalty of perjury, that the CITY COUNCIL, BY: CON- foregoingHIECity Is true and correct. Clerk,(714)536-5405 Published Orange Coast Daily Pilot July 21,1988 Th821 Executed on July 21 1988 at Costa Mesa, California. Signature 6Ve PROOF OF PUBLICATION Publish 7/21/88 NOTICE OF PUBLIC HEARING I ` P CODE AMENDMENT NO. 8 8-1 /• P4 owwol (Vesting Tentative Map Ordinance) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday, August 1, 1988, 7: 00 PM APPLICATION NUMBER: Code Amendment No. 88-1 APPLICANT: City of Huntington Beach LOCATION: City-wide ZONE: Applies to all residential, commercial and industrial zoning districts. REQUEST: To establish a Vesting Tentative Map Ordinance by adding Article 999, entitled "Vesting Tentative Maps, " and amend related Sections 9843, 9902, 9903 , 9905 and 9911. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15300 .4 from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the Department of Community Development, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at City Hall or the Main City Library (7111 Talbert Avenue) after July 29, 1988 . ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. All applications , exhibits, and descriptions of this proposal are on file with the Office of the City Clerk, 2000 Main Street, Huntington Beach, California, .for inspection by the public. HUNTINGTON BEACH CITY COUNCIL By: CONNIE BROCKWAY City Clerk Phone (714) 536-5405 (0982d) 4 �2 David Dahl B -ding Industry Association 505 Park Avenue Orange County Balboa Island, Calif , 2001 E. 4th Street 92662 Santa Ana, Calif . Frank Mirahanger RMG Engineering 15569 Graham Street 17961-A Cowan Huntington Beach , Calif. Irvine , Calif. 92649 92714 Emerald Engineering Walden & Associates 7911 Kartron Avenue 4002 West Garry Ave . , Ste . B Huntington Beach , Calif. Santa Ana, California 92704 02648 I 0 1 Dick Harlow & Associates Huntington Beach Chamber of Commerce 111 loth Street 2213 Main Street, #22 Huntington Beach, Calif . Huntington Beach , Calif. 92648 92648 ATTN: Kim Barone Ron Pattinson Lorraine Faber 18600 Main Street, Ste , #280 15271 Nottingham Lane Huntington Beach , Calif.92648 Huntington Beach , Calif. 92648 Huntington Beach & Ft. Valley Board of Realtors 8101 Slater Avenue Huntington Beach , Calif. 92647 ATTN: Judith Severy Huntington Beach Company 2110 Main Street Huntington Beach , Calif. 92648 2499 ATTN• R. J. Work Mr. Glen Quinliven 1209 Pine Street Huntington Beach , Calif. 92648 Mr. Paul Picard 1735 Main Street l. . Huntington Beach, Calif . 92648 rr%IEQUE%'--. . FOR CITY COUNCI, ACTION Date August 1, 1988 Submitted to: Honorable Mayor and City Council Submitted by: Paul E. Cook, City AdministratoA Prepared by: Douglas La Belle, Director of Community DevelopmenW Subject: CODE AMENDMENT NO. 88-1: VESTING TENTATIVE MAPS y6 Consistent with Council Policy? [ Yes [ ] New Policy or Exception lei �� +�� Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments: STATEMENT OF ISSUE: Transmitted for your consideration is Code Amendment No. 88-1 which will establish a Vesting Map Ordinance by adding Article 999 entitled"Vesting Tentative Maps" and amend related sections 9843, 9902, 9903, 9905 and 9911 of the Huntington Beach Ordinance Code. RECOMMEMDATION: The Planning Commission and staff recommend that the City Council approve Code Amendment No. 88-1 and adopt Ordinance No. 2953 as prepared by the City Attorney. Planning Commission action on June 7, 1988: ON MOTION BY LIVENGOOD AND SECOND BY SLATES, THE PLANNING COMMISSION APPROVED CODE AMENDMENT NO 88-1 BY THE FOLLOWING VOTE: AYES: SLATES, LIVENGOOD, SILVA, LIEPZIG, ORTEGA, BOURGUIGNON NOES: NONE ABSENT: HIGGINS ABSTAIN: NONE FINDINGS FOR APPROVAL: 1. Code Amendment No. 88-1 is consistent with the intent of Section 66498.1 of the Planning Zoning and Development Laws, which establishes State provisions for vesting maps. 2. Code Amendment No. 88-1 will not adversely effect the goals and policies of the Huntington Beach General Plan. ANALYSIS: In 1984, the State Legislature enacted the Vesting Tentative Map Statute which provides developers greater certainty about their ability to complete projects as approved and to protect them against future changes in land use policies and regulations. Staff has proposed an ordinance which is consistent with the vesting map provisions contained in the California Subdivision Map Act. PI O 4/84 As of January 1, 1988, vesting maps may be processed for residential, commercial and industrial subdivisions. In order to assure the submission of extensive information needed for proper evaluation and processing vesting tentative maps prior to Planning Commission action, staff is proposing an ordinance which requires precise plans, studies and reports prior to Planning Commission action. Vesting Maps shall be subject to final approval by the City Council. Code Amendment No. 88-1 intends to add a new article to Chapter 99 entitled "Vesting Tentative Maps" and amend existing related sections contained in the Huntington Beach Ordinance Code. As depicted in the proposed ordinance, the following is an overview of Code Amendment No. 88-1. Section 9843. Add new language regarding the requirement of concurrent processing of conditional use permits with Vesting Tentative Maps. Section 9902 Add definition of Vesting Tentative Map. Section 9903 Add new language that stipulates that City Council shall consider all Vesting Tentative Maps. Section 9905 Add language regarding filing fees for processing Vesting Tentative Maps. Section 9911 Add language which requires Subdivision Committee to review all Vesting Tentative Maps prior to Planning Commission action. Sections 9990 New article for Vesting Tentative Maps and 9990.15 (see Attachment 1). The Vesting Tentative Map Ordinance proposed by staff includes the following major differences from the existing Tentative Map process. (a) A conditional use permit must be processed concurrently with all vesting tentative maps (Section 9843(3) and 9990.4) (b) Vesting Tentative Map may be approved by City Council based upon a report and recommendation by Planning Commission. (c) A vesting tentative map shall expire after two (2) years unless a final vesting map is accepted by the City Council and recorded with the County Recorder. A one (1) year extension of time for the vesting tentative map may be permitted for a potential total of three (3) year life span. (d) A vesting final map shall expire one (1) year after recordation, unless granted a one (1) year extension of time by the City Council for a total of two (2) years. (e) Total life span of vesting tentative map and vesting final map equals five (5) years. (f) Prior to Planning Commission action, precise plans, reports and studies are required, as indicated in Section 9999.6(a)-(i). RCA - 8/1/88 -2- (0856d) Regarding the requirement for precise plans, studies and reports prior to Planning Commission action, staff has recently been informed by the City of Fountain Valley that their Planning Commission approved an amendment to their existing Vesting Map Ordinance which requires precise information prior to Planning Commission action. The rationale for their amendment was based on better management and control of vesting tentative maps. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301 from the provisions of the California Environmental Quality Act. FUNDING SOURCE: Not applicable ALTERNATIVE ACTION: The City Council may modify Code Amendment No. 88-1 and Ordinance No. 2953 as desired. ATTACHMENTS: 1. Legislative Draft 2. Ordinance No. 2953 3. Staff Report dated June 7, 1988 4. Minutes from June 7, 1988 Planning Commission meeting DLB:MALF:jr RCA - 8/1/88 -3- (0856d) huntington beach department of community development AFf MEDORT TO: Planning Commission FROM: Community Development DATE: June 7, 1988 SUBJECT: CODE AMENDMENT NO. 88-1 - VESTING MAPS APPLICANT: City of Huntington Beach RE UEST: To establish a Vesting Tentative Map Ordinance by adding Article 999, entitled "Vesting Tentative Maps, " and amend related Sections 9843 , 9902, 9903, 9905 and 9911. LOCATION: City-wide ZONE: Applies to all residential, commercial and industrial zoning districts . 1. 0 SUGGESTED ACTION: Approve Code Amendment No. 88-1 with findings and forward to the City Council for adoption. 2 . 0 GENERAL INFORMATION: In 1984, the State Legislature enacted the Vesting Tentative Map Statute which provides developers greater certainty about their ability to complete projects as approved and to protect them against future changes in land use policies and regulations . Staff has proposed an ordinance which is consistent with the vesting map provisions contained in the California Subdivision Map Act . As of January 1, 1988, vesting maps may be processed for residential, commercial and industrial subda.visions . In order to assure the submission of extensive information needed for proper evaluation and processing vesting tentative maps prior to Planning Commission action, staff is proposing an ordinance which requires precise plans, studies and reports prior to Planning Commission action. Vesting Maps shall be subject to final approval by the City Council . 3 . 0 ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301 from the provisions of the California Environmental Quality Act . A-FM-23C 4 . 0 ANALYSIS' Code Amendment No. 88-1 intends to add a new article to Chapter 99 entitled "Vesting Tentative Maps" and amend existing related sections contained in the Huntington Beach Ordinance Code. As depicted in the proposed ordinance, the following is an overview of Code Amendment No. 88-1. Section 9843 . Add new language regarding the requirement of concurrent processing of conditional use permits with Vesting Tentative Maps . Section 9902 Add definition of Vesting Tentative Map. Section 9903 Add new language that stipulates that City Council shall consider all Vesting Tentative Maps . Section 9905 Add language regarding filing fees for processing Vesting Tentative Maps . Section 9911 Add language which requires Subdivision Committee to review all Vesting Tentative Maps prior to Planning Commission action. Sections 9990 and 9990 . 15 New article for Vesting Tentative Maps (see Attachment 1) . The Vesting Tentative Map Ordinance proposed by staff includes the following major differences from the existing Tentative Map process . (a) A conditional use permit must be processed concurrently with all vesting tentative maps (Section 9843(3) and 9990 .4) (b) Vesting Tentative Map may be approved by City Council based upon a report and recommendation by Planning Commission. (c) A vesting tentative map shall expire after two (2) years unless a final vesting map is accepted by the City Council and recorded with the County Recorder. A (,-)ne (1) year extension of time for the vesting tentative map may be permitted for a potential total of three (3) year life span. (d) A vesting final map shall expire one (1) year after recordation, unless granted a' one (1) year extension of time by the City Council for a total of two (2) years . (e) Total life span of vesting tentative map and vesting final map equals five (5) years . (f) Prior to Planning Commission action, precise plans, reports and studies are required, as indicated in Section 9999 . 6(a)-(i) . Staff Report - 6/7/88 -2- (067.0d) f If initial construction of a project has not commenced prior to the expiration of the vesting final map, the vested rights for the project becomes null and void. The land subdivision remains and future development may occur provided it is consistent with current zoning and general plan policies . Regarding the requirement for precise plans, studies and reports prior to Planning Commission action, staff has recently been informed by the City of Fountain Valley that their Planning Commission approved an amendment to their existing Vesting Map Ordinance to require precise information prior to Planning Commission action. The rationale for their amendment was based on better management and control of vesting tentative maps. 5 .0 RECOMMENDATION: Staff recommends that the Planning Commission approve Code Amendment No. 88-1 as presented and forward the proposed ordinance to the City Council for adoption based on the following findings : FINDINGS FOR APPROVAL: 1 . Code Amendment No. 88-1 is consistent with the intent of Section 66498 . 1 of the Planning, Zoning and Development Laws, which establishes State provisions for vesting maps . 2 . Code Amendment No. 88-1 will not adversely effect the goals and policies of the Huntington Beach General Plan. 6 . 0 ALTERNATIVE ACTION: The Planning Commission may modify Code Amendment No. 88-1 as desired. ATTACHMENTS: 1. Draft Revised Ordinance 2 . Staff Report dated May 17, 1988 SH:RLF:kla Staff Report - 6/7/88 -3- (0670d) DRAFT ORDINANCE NO. 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 , 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 expiration date. ( 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 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 . - 1 - ( 2.8 ) 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 . f/$J ( 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 Board of Zoning Adjustments 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 . - 2 - SECTION 2 . The Huntington Beach Ordinance Code is hereby amended by adding thereto new Article 999 entitled, "Vesting Tentative Maps" to read as follows : 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 developer. 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 3 - proceedings . Any subsequent subdivision of the same real property shall require the filing and processing of a new subdivision map. 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 . 4 - 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 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 or 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 . 5 - 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 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 section . 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 6 - 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 day of 198 Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED : INITIATED AND APPROVED: City Administrator Dire,--tor of Community Development be 7 - huntington beach department of community development STAf ORT TO: Planning Commission FROM: Community Development DATE: May 17, 1988 SUBJECT: CODE AMENDMENT NO. 88-1 - VESTING MAPS APPLICANT: City of Huntington Beach REQUEST: Add Article 999 to Chapter 99, Subdivision Ordinance, entitled "Vesting Tentative Maps" and amend related Sections 9843 , 9902, 9905 and 9911. . LOCATION: City-wide 1 .0 RECOMMENDATION: Staff recommends that the Planning Commission set Code Amendment No . 88-1 for a public hearing on June 7, 1988 . 2 . 0 GENERAL INFORMATION: In 1984, the State Legislature enacted the Vesting Tentative Map Statute which provides developers greater certainty about their ability to complete projects as approved and to protect them against future changes in land use policies and regulations . Staff has proposed an ordinance which is consistent with the vesting map provisions contained in the Subdivision Map Act. As presented at the May 3, 1988 Planning Commission Study Session, the following major points are contained in the proposed Vesting Tentative Map ordinance (see attachment 1) : o All vesting tentative maps shall be considered by the City Council after a report and recommendation by the Planning Commission; Section 9903 (3) . o A conditional use permit will be required to be processed concurrently with a vesting tentative map; Section 9990 .4 . o Vesting tentative maps can be continued or denied at the time of issuance of building permit or extension of time based on safety and general welfare or conflict with state or federal law; Section 9990 . 10 (a) and (b) . d A-F M-23C 3 . 0 ANALYSIS OF ISSUES: At the May 3 , 1988 Planning Commission Study Session, staff presented a brief overview of the Vesting Tentative Map concept and proposed ordinance. During the discussion with the Planning Commission, major areas of concern were identified: 1. Explicit identification of time limits for vesting maps . The Planning Commission expressed a desire to explicitly identify the time limits for vesting maps . Within the proposed ordinance, time limits for vesting maps are referenced to the existing tentative map section. The limits in the existing tentative map section set a two (2) year approval with an addition three (3) year one-year extension for a total of five (5) years. 2 . Explicit listing of all requirements for submitting a vesting tentative map application. As with time limits, partial requirements for submittal of a vesting tentative map have been referenced to the existing tentative map ordinance. As in the above case, the intent is to reduce the bulk of the Huntington Beach Ordinance Code by cross-referencing . 3 . Approval of a vesting tentative map which is inconsistent with zoning district classification at the time of approval . The Planning Commission questioned the language in the proposed ordinance regarding vesting rights based on a subsequest approval of a zone change. The state law has provisions to allow the approval of a vesting tentative map contingent on a future approval . Both the proposed ordinance and alternative are consistent with the intent of Chapter 4 . 5 of Division 2 of Title 7 of the 1987 Planning Zoning and Development Laws . Section 66498 establishes provisions for local municipalities to adopt local ordinances . Recent information from the State Office of Planning and Research (OPR) indicates that many cities are reducing the life of vesting maps to an overall five (5) year life span. Also, many cities are requiring that vesting tentative maps be consistent with the zoning and general plan land use designation prior to discretionary action. Staff is proposing an alternative which differs from the proposed ordinance in length of time, the type of reports and studies required (frontload) prior to Planning Commission action, and deletion of language permitting approval of a Vesting Tentative Map which is inconsistent with the zoning district . Staff Report - 5/17/88 -2- (0576d) The following is a matrix which compares both alternatives . Issue Proposed Ord, Alternate Life of Vesting Tentative Map 5 years 3 years Life of Final Vesting Map 2 years 2 years Total Life of Vesting Map 7 years 5 years Front load reports and studies prior to Planning Commission action Yes No Approval of Vesting Tentative Map which is inconsistent with zoning district Yes No ATTACHMENTS• 1. Ordinance 2 . Figure 1 - Life Span of Vesting Tentative Map Ordinance 3 . Figure 2 - Life Span of Vesting Tentative Map Alternative 3 . Staff report dated May 3 , 1988 SH:RLF: jr Staff Report - 5/17/88 -3- (0576d) ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 9843 , 9902 , 9903, 9905 and 9911 AND ADDING THERETO 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 , 9905 and 9911 to read as follows : �X/�1k�t�� xX➢��/�X➢�Xx/////��X�/J��X��X�X��►�X/�1��/t51�1`�X1�/�7��`X,�� K�X�P�1��`/�l�L/ld�`�16X�X�X��/!d�/�nX�/�J�1�X�,��/�k��xx/�1��►!� r��xx/��/��5��/,�r�x��/��k�,�X/�r�r��1��s�►/k��/��s��A/��1�k��a�/�x�� ri�X/��t�/k��/��/,(zhX/�►�s�i�n�/zx��z�/��/zxr��xA��z��x,t�� .. 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 . 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 . 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 . expiration date . Conditional Use Permits processed concurrently with vesting tentative maps shall be effective for the life of the vesting tentative map. 61Y Aks�S�XA�/xYsA/AAAX�x�/bX/A/�XxsA�AAA/�AAA�"�XA,��sx�/�SX/�A�X ' ��s�AXx�/�X�A/1�nA/A�XAXXA�/A�SAAXXi"�SAA/XA/,�x�A/,�,��sAxsA/X1�L/�x�A/x�AAA ..�: � Ar�x/J�A/J��,�r�A/At�Ar�/,�A/�AAA�`AxA/�S�'/AA1��XXAA/XXx��z/AX��A�/USX'/XkIA i�AXAAAA/�X/AHA�XAA/i�k�t�/AA1�A,�A1�X�SXs/AX/�/1�1�X`AAX/t��`/��z`AAXA/AX/�`A�4X1/ AkIa��1�r��`,�/AA/AAx�AXAAXx�A/AX�S�A/AAA/x�A1�/AA,�1�XA/dA�/��`AA,� 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 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 conaitions 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. (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 processed 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 i subdivider the action taken on such map. The Subdivision Committee �..✓ shall advise and assist in making investigations and reports on tentative maps. 2 . advisory agency for tentative maps ( 1 ) TENTATIVE TRACT MAPS. The Planning Commission shall constitute the advisory agency for tentative tract maps . ( 2 ) TENTATIVE PARCEL MAPS. The Board of Zoning Adjustments shall constitute the advisory agency for tentative parcel maps . (3 ) 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 . ��tl��X��ri/n�m�xxx��/x�/��/��,��►��/r��ki/x�rix�xx��/xs,��/�� A��1�/1�`J�A�I�X1��/S�XXk�/x�s�/,�X�1dl�XJbX�1��X�/�'1��/XI�xX/x�,i,�/R`•��Id�l��`,�/�P�f�/�}�� AOAO)�All/15Xr Oil f0l/00)r6XJ616A 6)ix/j6f/xki0/nxxy,�/A�ijd/xj6/z`j6Jdj601$1j6ytJ S . 9911 DUTIES OF COMMITTEE . It shall be the duty of the Subdivision Committee to examine each tentative map and vesting tentative map for subdivision 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 ; 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. " 3 . 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 . 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. 9990 . 3 APPLICATION. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this chapter , 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 . 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 . 9990.5 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 except as hereinafter provided: ( a ) At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words 11Vesting 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 . 4 . (c) 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. (d) Fully dimensioned floor plans (e) 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 . (f) Detailed final grading plans showing existing and proposed finished grades. (g) Building elevations showing all building heights, materials and colors. (h) Proposed uses for building. ( i ) Detailed landscape plans. 9990 .6 OTHER DEPARTMENTS--REVIEW REQUIRED. Copies of the vesting tentative map shall be transmitted to the City Engineer and other departments and agencies as the Planning Division deems appropriate. 9990.7 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. 9990 .8 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 in this chapter for approval or conditional approval of tentative maps. 5. 9990 .9 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 Code section 66474 .2 . 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. 9990 .10 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. 9990 .11 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 as provided in section 9990 .8 . 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. 9990.12 APPLICATION FOR ONE-YEAR EXTENSION--APPEAL. A subdivider may apply for a one-year extension to the Planning Commission at any time before the initial time period set forth in section 9990 .11 expires. If the extension is denied, the subdivider may appeal such denial to the City Council within fifteen (15 ) days. 6 . 9990 . 13 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 'chapter , the rights referred to herein 9990 .11 and 9990 .12 of this 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. 9990 .14 DEVELOPMENT INCONSISTENT WITH ZONING DISTRICT CLASSIFICATION -- CONDITIONAL APPROVAL. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the district classifi- cation 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 on the subdivider , or his or her agent, obtaining the necessary change in zoning district to eliminate the inconsistency. If the change in the zoning district classification is obtained, the approved or conditionally approved vesting tenta- tive map shall, notwithstanding section 9990 .9 confer the vested right to proceed with the development in substantial compliance with the change in the zoning district classification and the map, as approved. 9990 .15 APPLICATIONS INCONSISTENT WITH CURRENT POLICIES . Notwithstanding any provisions of this article, a property owner or his or her agent may seek approvals or permits for development which depart from the regulations, policies, and stan- dards described in sections 9990 .9 through 9990 . 14 thereof , and approvals may be granted or, permits issued to the extent that the departures are authorized under applicable law. SECTION 3 . This resolution 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 day of , 198_ Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 4a. REVIEWED AND APPROVED: INITIATED AND APPROVED: .r City Administrator Director of Community Development 7 . MAF ti oKtp,- YZ. AMA- -f�W~ OKFIVE t�+o MACS Mai It l- ow-ni- 'fr*.rf: MAC' MA.P 1�, x� s o�- rjWDMOV 4:9 f I cL MAC D -rIM ly ss 2 Ylz-5. T , �. � � ► �� Yam. � � Y�. 0700 Jt'f l�-10 fgN l 0N4 a�.l �� UN-nl- � MAP � 4:9 f-LAJ- MPS' Kq Yz. A�i3��!- -�►.rt�t� �xP1s�5 t� � it�lLtl- UN�fll- 'rr*-rr MAP MArP I�i �x>'1 ids o� Ol- t�cC 4 co p M N115,T MAFp WM � YR S l `�� ( YR• D I Y�. AFPWVAi, Y.T.M. Ott— YP-. 11VELMM V'� ��if�-►D�1 t✓ �t�� D.N. � s olz: huntington beach department of community development SYAf f REPORT TO: Planning Commission FROM: Community Development DATE: May 3, 1988 , SUBJECT: CODE AMENDMENT NO. 88-1 - VESTING MAPS As indicated in the April 19, 1988 staff report, staff has initiated a code amendment which will incorporate vesting maps into the Huntington Beach Ordinance Code. Vesting maps will .be codified into the zoning ordinance by . adding Article 999 to the existing subdivision ordinance. This report contains the following information: Chapter 4 : 5 of Division 2. of Title 7 of the 1987 Planning, Zoning and Development Laws . Section 66498. 1 which establishes State provisions for vesting maps . Article from Southern California Land Magazine by John R. Simon entitled "Vesting Tentative Maps: Tool to Protect Developers . " Analysis of Vesting Tentative Maps by the law firm of McCutchen, Doyle, Brown and Emerson (by Daniel Curtin) . April 19, 1988 Planning Commission staff report which includes the proposed ordinance as prepared by the City Attorney. Staff has provided the Planning Commission the above listed information in order to bring forward basic information regarding the concept of vesting maps and why the State legislation was enacted. ATTACHMENTS• 1 . Section 66498 . 1 contained in Chapter 4 .5 of Division 2 of Title 7 of the Planning, Zoning and Development Laws (Subdivision Map Act) . 2 . "Vesting Tentative Maps: Tool to Protect Developers, " by John R. Simon 3 . McCutchen Update dated January 25, 1988 4 . Planning Commission staff report dated April 19, 1988 SH:RLF:kla (0509d) "T ------ A-F M 23C these notices, that the final monuments have been set. Payment of engineer Upon payment to the engineer or surveyor for setting the final monuments, the subdivider shall present to the legislative body evidence of the payment and receipt thereof by the engineer or surveyor. In the case of a cash deposit,. th legislative body shall pay the engineer surveyor for the setting of the final monu is from the cash deposit, if so requested the depositor. If the subdivider does not present a nce to the legislative body that the a sneer or surveyor has been paid for the se ing of the final monuments, and if the engin or surveyor notifies the legislative bo that payment has not been received from the s ivider for the setting of the final monumen , the legislative body shall, within three mo hs from the date of the notification, pa o the engineer or surveyor from any deposit a amount due. (Added by Stats. 1974 Ch. 1536. Effective March 1, 1975. Amend by Stats. 1985, Ch. 1504. ) Substitution of 66498. In the even of the death, disability engineer or retirement from ractice of the engineer or surveyor charged th the responsibility. for setting monuments or in the event of his refusal to set such mom nts, the legislative body may direct the co ty surveyor or city engineer, or such engineer r surveyor as it may select, to set such mo nts. If the original engineer or surveyor i placed by another, the former may, by lett to the county surveyor or city engine release his obligation to set the final monum is to the surveyor or engineer who repl him. When the monuments are so set, the sub itute engineer or surveyor shall amend any filed pursuant to this division in accordance th the provisions of Sections 66469 to 66472, nclusive. All provisions of this article relating to payment shall apply to the services performed by the substituted engineer or surveyor. (Amended by Stats. 1979, Ch. 383. ) ' �.. Development Rights s Filing of (a) Whenever a provision of this 1 division requires that a tentative map be filed, a vesting tentative map may instead be filed. .278 M6A Vested right ( b ) When a local agency approves or conditionally approves a vesting tentative map, that approval shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Section 66474.2. However, if Section 66474.2 is repealed, that 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 is approved or conditionally approved. Conditions for deter- (c) Notwithstanding subdivision * * (b') , mination of denial the local agency may condition or deny a permit, or conditional approval, extension, or entitlement if it approval 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 condition dangerous to their health or safety, or both. (2) The condition or denial is required, in order to ccniply with state or federal law. (d) The rights conferred by this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map. If the final map is approved, the rights conferred by this section shall be subject to the periods of time set forth in subdivisions (g)' and (h Y of Section 66452.6. (e) Consistent with subdivision (b) , an approved or conditionally approved vesting tentative map shall not limit a local agency from imposing reasonable conditions on subsequent required approvals or permits necessary for the development and authorized by the ordinances, policies, and standards described in subdivision (b). (Added by Stats. 1984, Ch. 1113. Operative January 1, 1986; Amended by Stats. 1986, Ch. 613. ) Note: Stats. 1984, Ch. 1113, also reads: Uncodified policy SEC. 1. By this enactment, the Legislature intends to accomplish all of the following objectives: (a) To establish a procedure for the approval of tentative maps that will provide certain statutorily vested rights to a subdivider. (b) To ensure that local requirements governing the development of a proposed subdivision are established in accordance with Section 66498.11of the Government Code when a local agency approves, or conditionally approves a vesting tentative . map. The private sector should be able to rely upon an approved vesting tentative map prior to 279 expending resources and incurring liabilities without the risk of having the project frustrated by subsequent action by the approving local agency, provided the time periods established by this enactment have not elapsed. (c) To ensure that local agencies have maximum discretion, consistent_ with Section 66498.1 of the Government Code, in the imposition of conditions on any approvals occurring subsequent to the approval or conditional approval of the vesting tentative map, so long as that discretion is not exercised in a manner which precludes a subdivider from proceeding with the proposed subdivision. Amendment to vesting 66498. 2. If the ordinances, policies, or tentative neap standards described in subdivision (b) of Section 66498.1 are changed subsequent_ to the approval or conditional approval of a vesting tentative map, the subdivider, or his or her assignee, at any time prior to the expiration of the vesting tentative map pursuant to subdivisions (g) and (h) of Section 466452. 6 *** may apply for an amendment to the vesting tentative map to secure a vested right to-proceed with. the changed ordinances , policies , or standards. An application shall clearly specify the changed ordinances, policies, or standards for which the amendment is sought. (Added by Stats. 1984, Ch. 1113. Operative January 1, 1986.. See note following Section 66498.1; Amended by Stats. 1986, Ch. 613. ) Inconsistency with 66498.3. (a) Whenever a subdivider files a zoning ordinance 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 local agency may deny *** a vesting tentative map or approve it conditioned on 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 subdivision (b)` of Section ' 66498.11 confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved. (b) The rights conferred by this section shall be for the time periods set forth in subdivisions OgY and Ch) of Section 66452.6: (Added by Stats. 1984, Ch. 1113. Operative January 1, 1986. See note following Section 66498.1; Amended by Stats. 1986, Ch. 61.3. ) 280 Development approvals/ 66498.4. Notwithstanding any provision of this permits chapter, a property owner or his or her. designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in subdivision (b) of Section? '66498.1 and subdivision (aY of Section 66498.3,, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. (Added by Stats. 1984, Ch. 1113. Operative January 1, 1986. See note following Section 66498.1; Amended by Stats. 1986, Ch. 613. ) Filing not 66498.5. If a subdivider does not seek the prerequisite to rights conferred by this chapter, the filing of a development approval vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction. (Added by Stats. 1984, Ch. 1113. Operative January 1, 1986. See note following Section . 66498.1. ) Effect on local/state/ 66498.6. (a) This chapter does not enlarge, federal requirements. diminish, or alter types of conditions which may be inposed by a local agency on a development, nor in any way diminish or alter the power of local agencies to protect against a condition dangerous to the public health or safety. ' (b) The rights conferred by this chapter shall relate only to the imposition by local agencies of conditions or requirements created and imposed by local ordinances. Nothing in this chapter removes, diminishes, or affects the obligation of any subdivider to comply with the conditions and requirements of any state or federal laws, regulations, or policies and does not grant local agencies the option to disregard any state or federal laws, regulations, or policies. (Added by Stats. 1984, Ch. 1113. Operative January 1, 1986. See note following Section 66498.1.) Applicability 66498.7. ( a) Until December 31 , 1987 , this chapter shall apply only to residential developments. (b) On and after January 1, 1988,4an ordinance adopted pursuant to subdivision (g) of Section; 66452.4 may differentiate between residential and, nonresidential developments' in prescribing the initial time period after which the rights conferred by a vesting tentative map shall expire. In no event, however, shall that period be less for residential developments. than for nonresidential developments. 281 (Added by Stats. 1984, Ch. 1113. Operative January 1, 1986. See note following Section 66498.1. Amended by Stats. 1985, Ch. 995. ) Establishing 66498.8. (a) On or before January 1 , 1986, a city, county, or city and county shall adopt ordinances or resolutions necessary or appropriate for the implementation of this chapter. (b) If a city, county, or city and county receives a written request to implement this chapter, it shall adopt any ordinances or resolutions it determines necessary or appropriate to implement this chapter. The city, county, or city and county shall adopt the ordinances or resolutions not more than 120 days from the date the request is made and any fee is paid to cover the direct expenses the city, county, or city and county determines it will incur in processing the ordinances or resolutions. The city, county, or city and county may arrange, with the person making the request, to collect fees from subdividers filing vesting tentative maps and to reimburse the person requesting the ordinance or resolution for any costs so advanced by that person. (c) The local agency may charge subdividers who file vesting tentative maps a fee in an amount sufficient to recover the direct costs associated with establishing and adopting ordinances or resolutions pursuant to subdivision (a) or (b). (Added by Stats. 1984, Ch. 1113. See note following Section 66498.1; Repealed and Added by Stats. 1985, Ch. 249. Urgency; effective July 25, 1985. ) 66498.9. By the enactment of this article, the Legislature intends to accomplish all of the following objectives: (a) To establish a procedure for the approval of tentative maps that will provide certain statutorily vested rights to a subdivider. (b) To ensure that local requirements governing the development of a proposed subdivision are established in accordance with Section 66498.1 when a local agency approves or conditionally approves a vesting tentative map. The private sector should be able to rely upon an approved vesting tentative map prior to expending resources and incurring liabilities without the risk of having the project f rustrated by subsequent action by the approving. local agency, provided the time periods established by this article have not elapsed. (c) To ensure that local agencies have maximum discretion, consistent with Section, 66498.1, in 282 the imposition of conditions on any approvals occurring subsequent to the approval or conditional approval of the vesting tentative map, so long. as that discretion is not exercised in a manner which precludes a subdivider from proceeding with the proposed subdivision. (Added by Stats. 1986, Ch. 613. ) Chapter 5. Improvement Security ity for 66499. (a) Whenever this division or a local JMPemento ordinance authorizes or requires the furnishing of security in connection with the performance of any act or agreement, such security shall be one of the following at the option of and subject to the approval of the local agency: Bonds ( 1 ) Bond or bonds by one or more duly a authorized corporate sureties. Deposit (2) A deposit, either with the local agency or a responsible escrow agent or trust company, at the option of the local agency, of money or negotiable bonds of the kind approved for securing deposits of public moneys. Instrument or letter (3) An instrument of credit from one or more of credit inancial institutions subject to regulation by state or federal government and pledging that th funds necessary to carry out the act or ag r ment are on deposit and guaranteed for payme or a letter of credit issued by such a financi institution. Lien (4) A en upon the property to be divided, created b contract between the owner and the local agency if the local agency finds that it would not be the public interest to require the installati of the required improvement sooner than two ars after the recordation of the map. Other security (5) Any form of s urity, including security interests in real p ty, which is acceptable to the local agency an specified by ordinance thereof. Recordation (b) Any contract or se ity interest in real property entered into as sec 'ty for performance pursuant to paragraph (4) o aragraph (5) of subdivision (a) shall be record with the county recorder of the county in which subject real property is located. From a time of recordation of the written contract , ant creating a security interest, a lien 1 attach �-- to the real property particularly d' crib therein and shall have the priority of a j' nt 283 �V IC THE LAND THE LAW_ l To Protect Developers Vesting ative Maps By John R. Simon These are uncertain and harrowing with the development in substantial for approval of a vesting tentative map times for developers in Southern Cali- compliance with the local ordinances. (as opposed to the conditions impost d fornia. "Growth Control" initiatives policies,and standards in effect at the on the development itself)vary widely are proliferating, and local governing time the application for approval of among jurisdictions. bodies are being pressured to curtail the map is deemed complete,with cer- Some local governments require approvals and cut back development. fain exceptions. substantially more detail on a vesting Under these conditions, developers The statute,which became effective tentative map than for tentative maps. should take every means to protect h„0- ;- ; Others may require only the payment their projects. _ =`tt of a higher fee for the processing of the One.tool with which all developers vesting tentative map. should become intimately familiar is For instance. while San Diego in- the Vesting Tentative Map, a unique = poses only an extra fee for approve subdivision map which provides devel- .,: ,_. ` vesting tentative maps as opposed_ opers with a degree of certainty that tentative maps. the city of Riverside the Common Law of California fails requires a vesting tentative map that to give. ` ' more closely resembles a final Tract Under California Common Law, a Map (which is considerably more developer s right to proceed with an detailed) than a tentative map. approved development does not"vest' The local agency,however,may not until the developer has obtained a build- impose conditions on developments ing permit,performed substantial work utilizing vesting tentative maps which and incurred substantial liability and t it could not impose if the development good-faith reliance on the permit. were merely proceeding pursuant to a Thus, in the past, developers have John R Simon tentative map. Further. once the local been prohibited from proceeding with is co-ordinating partner of agency has approved the vesting tenta- developments despite the fact that they Sheppard,Mullin, Richter& Hampton,a Newport Beach IA firm, tive map,it has no discretion to impose have spent millions of dollars in plan- where he specializes in real estate law. additional fees.dedications,or design ning, utilityimprovements, and grad- and improvement conditions. ing in reliance on a government-ap- January 1,1986.initially provided pro- Another tool available under the proved tentative subdivision map. tection only to developers of residen- California Statutes for procuring vest- If the governing body changed the tial subdivisions. Significantly how- ed rights is the development agree zoning,or the electorate passed anini- ever, effective January I. 1988, the ment. This is between the developer tiative prohibiting the development, Legislature has enlarged the statute to and the local agency. The developer the developer had no right to proceed provide vested rights to developers of agrees to provide benefits which would with the development according to the industrial and commercial subdivisions. not otherwise be required in exchange tentative map. To obtain the .protection provided for vested rights. In response to the harshness:of the by the statute,the developer need only The constitutionality of the statutes Common Law,the California Legisla- place the words,"Vesting Tentative establishing development agreements ture in 1984 established a new form of Map" conspicuously on a tentative has not been tested in the Californ�- tentative map-the Vesting Tentative subdivision map before filing courts.The major argument which Map. Under the statute,the rights of a The process for approval of a vest- be advanced against the validity developer upon approval of a new vest- ing tentative map is a.matter for the statutory scheme is that local agencies ing tentative map are deemed to con- local governing body to determine, may not constitutionally contract away stitute"vested rights.'He may proceed however.As a result,the requirements their police powers.The vesting tenta- 32 i L!!� CH/APRIL t900 covered,since no contract is involved. 4ent of the Legislature to"ensure that LAND WANTED Where the entitlement process has at agencies have maximum discre- procerdcd to the point that a tentative tion. . in the imposition of conditions ram, a minimum of 50 apartments in Los Angeles, Orange 8 San Bemor- map is attainable, a vesting tentative on any approvals subsequent to the lino Counties. Can close quickly. map probably provides better protec- approval . . . of the vesting tentative Short escrows.Cali Gordon Ekstrand t'- than a development agreement. map,so longas that discretion is not ever- 818/702-0200 large-scale developments,how- cised in a manner which precludesa sub .ter cannot be fully protected by vest- divider from proceeding t+vth the pro- ing tentative maps, since they will not posed subdivision." Q LAND WANTED have gone far enough in the entitle- Thus the ultimate question remains: 30-200 Units ment process to be eligible. Will the California courts abide by Mini-storage, Congregate Care L.A.and Ventura Counties Further, by statute, development this statutory scheme? Dail Into: agreements require the developers to The outcome is unclear because no AMCAL DIVERSIFIED make concessions and undertake im- cases have reached the appellate level. 31324 Via Colinas, Suite 908 provements that they are not otherwise A recent lower-court case, however, Westlake Village, CA 99362 required to do. These can prove very indicates that a vesting tentative map costly. Finally, in most cases,the vest- may finally provide the means to pre- APARTMENT LAND WANTED ing tentative map will result in earlier serve development rights in the face of ® 30-500 UNITS vesting of developers'rights than will a voter initiatives. ® ESTABLISHED AREAS,SO.CALIF. ® NEED 1,000 UNITS IN 1988 development agreemenL In Davidon v.Cin•gl'Plcasant Hill,the SEND TO ACQUISITIONS Once the developer has had the vest- Contra Costa County Superior Court THE STRATHAM GROUP ing tentative map approved.can he sit upheld a developers vested rights pur- 4675 MacArthur Coart,2wd Floor back, relax, and pat himself on the suant to a vesting tentative map. He Neeport Beach, CA 92660 f7141 933-1554 back for having the foresight to protect was allowed to proceed with a devel- himsclf against the changing currents opment which was directly prohibited LAND WANTED of-populist politics`.t by a subsequently enacted voter ini- Will the California courts. authors tiative. SAN DBEGO , of the aforementioned oppressive Com- it is likely that if this case reach the Zoned commercial for smaii snopp,,a mon Law"vesting rights' theory, up- appellate level,it would dictate the rules center,mini storage,oroff ice build g hold a developer's right to proceed pur- of the development process—and con- ROGER YODER Century 21 Parkway suant to a vesting tentative map which firm the role of the vesting tentative (619) 464.8100 directly conflicts with a subsequently map as an invaluable tool in the devel- enacted stow-growth initiative' opment process for years to come. L. ------ ^Ithough these questions have yet definitively answered, there are LOPrain hints. AASSL Consulting Engineers` One is the statute itself. It provides. as an exception to the blanket protec- tion against changes in the applicable CIVIL ° TRAFFIC ° STRUCTURAL - SURVEY ordinances,that the local agency may impose subsequent "reasonable con- Serving your development needs from : ditions" on subsequent required_ ap- five Southern California locations provals or permits necessary for the development. (800) 843-9228 Again,however,these conditions are subject to the ordinances.policies,and Pasadena ° Rancho Cucamonga Palm Springs standards in effect at the time the appli- Santa Ana Camarillo cation for the vesting tentative map is approved. ° REIN TESTATE PROBLEMS? FSree Legal Consultation ° SECAL & SABLOWSKY - Attorneys At Law '18)784-9999 (213)276-9999 . ROLJrHERNc.ALIFoov� J K4^Q^a4Er MARCWAPFNL 18813 - 33 s HUPJTNGTON BEACH DEVELOPMENT SERVICES McCutchenUpdate F=R 3 1988 I.c�};al cl�•�c•IOhmc•ntti Of-im0�urtancc to Our rlicnt� P. 0. eox 190 Him" - ;'on Beach, CA `j •hzi January 25 , 1988 NOW DEVELOPERS CAN USE , VESTING TENTATIVE MAPS TO PROTECT THEIR RIGHTS TO DEVELOP COMMERCIAL AND INDUSTRIAL SUBDIVISIONS Vesting tentative maps have been used for several years to protect developers ' rights to proceed with the buildout of residential subdivisions . Effective January 1 , 1988 , developers of industrial and commercial subdivisions can also obtain this protection. Vesting tentative maps may be crucial to the successful development of business parks and similar commercial subdivisions, especially if there is any possibility that the local government or the electorate might change the rules of the game by adopting a moratorium or other growth control legislation before the project is built out . This change in the availability of vesting tentative maps is the latest development in an ongoing legal debate regarding the circumstances in which a developer obtains a vested right to proceed with an approved development . Under California common law, a developer' s rights have not vested and a city or county can change its land use regulations and affect a project until the developer obtains a building permit, performs substantial work, and incurs substantial liability in good faith reliance on that permit . This uncertain development climate could permit a city, a county, or their voters to "downsize" an approved townhouse and commercial project to single family detached residential development, to change an approved business park to residential or agricultural uses before development rights have vested, or to make other restrictive changes . Reacting to the harshness of the common law, the Legislature provided for tentative vesting maps in 1984 by enacting Government Code Section 66498 . 1 et seq. Initially, vesting tentative maps could only be used for residential subdivisions . Now, however, Section 66498 .7 provides that there shall be no limits on the types of projects for which a vesting tentative map may be used, although cities . and counties may provide that vesting tentative maps for commercial and industrial projects shall have a shorter effective life than those for residential projects . (OVER) San Francbco San Jose wwnut Creek Vashington,D.C. Shanghai Mrcr fmharcadero Center Market Rrt 1bwer,Suite ISW 1855 t lhmpte&wlevArd,Third Fluor The Willard Office Building.Suitt:650 Rui Jin Building,Suite 2WI San Francisco.California 9-1111 55 Sxtth Market Street lbst Office Box V 1455 Pennsvhania.4vrnue V.W 205 Mao Ming tiruth Road 10cli wmr(t 15)393.2WO San Jose.Calilimua 95113 Walnut(;reek,(alifi)nia 9•15% %Xlas mgton.D.C.2(NH)4 Shanghai,People's Republic oh1w. (.able,lddrexs MA(11M6 10cphone(108)94-8-10) Teleplxme(115)91--8(1N) Telephone(202)628-4900 Telephone 3'9201 lclex J I-o"l- telex i t 081- Telex J-+-IIKh Facsimile 61,11 and III Telex 301S1 MM'SH CN Facsimile 0,11 and III Facsimile(it.11 and III Facsimile GI.II and 111 (202)628--t912 Facsimile GI.II and III 1(IS)193-22H6 411)930.2VX) 3"9461 - To obtain the protection of a vesting tentative map, a subdivision developer simply places the words "vesting tentative map" conspicuously on the tentative subdivision map prior to filing . With certain exceptions , the filing of a vesting tentative map permits a developer to proceed with its development project based on those laws, policies and standards which are in effect at the time the map application was• accepted by the city as complete, even if the City Council or the electorate subsequently adopts different laws , policies , or standards . Vesting tentative maps must be effective for a period of two to three years, depending on local ordinance. . Within this range, local governments may also provide that vesting tentative maps for residential projects are effective for a long?r time period than those for other projects . The case of Davidon Homes v, City of Pleasant Hill demonstrates that vesting tentative maps are an effective means of preserving development rights . There, the Contra Costa County Superior Court upheld a developer ' s vested rights pursuant to a vesting tentative map, determining that the developer could proceed with its development in spite of an anti-growth initiative. The initiative was adopted after the vesting tentative map was filed and would have prevented the development from proceeding in the absence of a vesting tentative map. McCutchen, Doyle, Brown & Enersen represented Davidon Homes. in its successful effort to defend its vesting tentative map. Some localities may require more detailed information prior to approving vesting tentative maps, and vesting tentative maps may only be used when the development includes a subdivision. In other cases , such as the development of a project on a large single parcel, developers may wish to consider a development agreement as another means of protecting their development rights . However, it may be easier to obtain approval from local governments for vesting tentative maps, so it is important that this approach is now available for industrial and commercial subdivisions, in addition to residential projects. � s � If you have any questions or desire further information, please contact Daniel J. Curtin, Jr. or Michael Zischke of the Walnut Creek office at (415) 937-8000. huntington beach department of community development SYAf TO: Planning Commission FROM: Community .Development DATE: April 19 , 1988 SUBJECT: CODE AMENDMENT NO. 88-1 - VESTING MAPS Code Amendment No. 88-1 is a request by the City of Huntington Beach to amend Sections 9843 , 9902, 9905 and 9911 and add an Article 999 which will establish regulations for vesting maps. Chapter 4 . 5 of Division 2 of Title 7 of the California Government Code, commencing with Section 66498 . 1 has established that developers may submit tentative vesting maps , in accord with state guidelines and local jurisdictions may adopt local guidelines for residential, commercial or industrial subdivisions . Staff has prepared Code Amendment No. 88-1 in accord with State guidelines . Tentative scheduling for processing Code Amendment No'. 88-1 is as follows : April 19, 1988 - Discussion Item May 3, 1988 - Study Session May 17, 1988 - Public Hearing ATTACHMENT: Administrative Draft of Code Amendment No. 88-1 SH:RLF:kla (0418d) A-F M-23C • ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 9843 , 9902 , 9903 , 9905 and 9911 AND ADDING THERETO 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 , 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 . 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 . 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 expiration date . Conditional Use Permits processed concurrently with vesting tentative maps shall be effective for the life of the vesting tentative map. . 1. ,Cz�X �'�9�xXxX}��/�'1X1�//An�XX/�►A�4A/�4/��4�/��4AA/�A�`/1�nA/1�A�`�A��/A� " x�nxs�XA�3/AnA/AAAXAillOX/A/t1AtAAAA/AAJdAX9XAXAA/W/0AX AXxst�A/;��/�4AA/I�I�A/A�XAAXA�3/At�AAXxXAAA/XA/AAA/�4�'Aa�AA/XA,I/,AAA/AAAA r�xsA/Art/1�A AA/A xsA/AA/�4AAA A'AA/A /AAA�4XXAA/XXA�4X/AA �A�/AX/X)V lzaX Ax�xX� /l�X f�J�7�/MA0110AXX/0AA/A/NNAAA61fol/ANA XZAX I� XA� /xA�x/X7�J X/AnAXX/ AAA/xnAA/�xs AX�SA/AX/A/XOXIA AAA AxsAA/AxsA/AAAAAA/A/AXxst�A/AX/AAA/�I XNX/1�A�'r�AAA,�//XA�/�xs�'AXAA/xsX/AnA XxsA/r�AAr�r�AXAA/xAA/,(XAX/ A AAAX/AX�AXX/XA�`/XX�A/1�x� pAAA/AX/XN An A�AA�,�/J�A/A�S�AX AAA AA/AX xs�A/AAA/AAA/a�AA1�X A/X xsA/A�AA,� 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 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 conaitions 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 . (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 processed 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. 2 . advisory agency for tentative maps . ( 1 ) TENTATIVE TRACT MAPS . The Planning Commission shall constitute the advisory agency for tentative tract maps . (2 ) TENTATIVE PARCEL MAPS. The Board of Zoning Adjustments shall constitute the advisory agency for tentative parcel maps . ( 3 ) 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 . �x�l�RiX3�X�X�n/fCI�A��►X1��/��/��/�7��N�XJ��/1��1�/��n��1 X7��/A��/X�1� �-- �li�B�XI�X�X�I��/��/R�I�XXn�1�/Xn/�l�X�/�l��l��`/��/1��1��`�►Xl��/�k(�1�k�1��`/��X� V �l�nl��`�x/�x�n/X��`/J��Idl�x�l��►Rn�/�X/�l�l�/f�J��.�/�nl�/��/�`��►R��nl� S . 9911 DUTIES OF COMMITTEE . It shall be the duty of the Subdivision Committee to examine each tentative map and vesting tentative map for subdivision 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 amenaed by adding thereto new Article 999 entitled, "Vesting Tentative Maps" to read as follows : 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. " 3 . 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 . 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. 9990. 3 APPLICATION. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this chapter , 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. 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 . 9990..5 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 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 informat<on required by section 9930 .2 ( c) and (d) of this chapter. 4 . ( c) 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. (d) Fully dimensioned floor plans ( e) 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. (f ) Detailed final grading plans' showing existing and proposed finished grades. (g ) Building elevations .showing all building heights, materials and colors. s .v .. (h) Proposed uses for building. ( i ) Detailed landscape plans. 9990 .6 OTHER DEPARTMENTS--REVIEW REQUIRED. Copies of the vesting tentative map shall be transmitted to the City Engineer and other departments and agencies as the Planning Division deems appropriate. 9990.7 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. 9990 .8 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 in this chapter for approval or conditional approval of tentative maps. 5 . 9990 .9 VESTING ON APPROVAL OF VESTING TENTATIVE MAP. The approval or conditional approval of a vesting tentativc map shall confer a vested right to proceed with development in substantial compliance with the provisions of California Government Code section 66474 .2 . 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. 9990 .10 VESTING TENTATIVE MAP--CONDITIONS ATTACHED TO VESTED RIGHT. A request for a building permit,. extension of time, or an en- t-itlement 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 rbquired in order to comply with state or federal law. 9990 .11 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 as provided in section 9990 .8. 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. f orth 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. 9990 .12 APPLICATION FOR ONE-YEAR EXTENSION--APPEAL. A subdivider may apply for a one-year extension to the Planning Commission at any time before the initial time period set forth in section 9990 .11 expires. If the extension is denied, the subdivider may appeal such denial to the City Council within fifteen (15 ) days. 6 . 9990 .13 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 999.0 .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. 9990 .14 DEVELOPMENT INCONSISTENT WITH ZONING DISTRICT CLASSIFICATION -- CONDITIONAL APPROVAL. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the district classifi- cation 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 on the subdivider, or his or her agent, obtaining the necessary change in zoning district to eliminate the inconsistency. If the change in the zoning district classification is obtained, the approved or conditionally approved vesting tenta- tive map shall, notwithstanding section 9990 .9 confer the vested right to proceed with the development in substantial compliance with the change in the zoning district classification and the map, as approved. 9990 .15 APPLICATIONS INCONSISTENT WITH CURRENT POLICIES. Notwithstanding any provisions of this article, a property owner or his or her agent may seek approvals or permits for development which depart from the regulations, policies, and Stan- dards described in sections 9990 .9 through 9990 .14 thereof, and approvals may be granted or permits issued to the extent that the departures are authorized under applicable law. SECTION 3 . This resolution 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 _ day of , 198 Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney. wft REVIEWED AND APPROVED: INITIATED AND APPROVED;' City Administrator Director of Community Development 7 . D :::;�AET 3 . Amendments to Article 963 of the Huntington Beach Ordin Code to include provisions to allow bed and break p ns creates specific requirements for evaluati provides an opportunity to encourage the conti of architectural or historical residences . 4 . Amendments es 908 and 922 of the Huntington Beach Or ' e creates a more systematic review, erpretation and entitlement process . C-5 CODE AMENDMENT NO. 88-1 - VESTING MAPS APPLICANT: CITY OF HUNTINGTON BEACH Code Amendment No . 88-1 is a request to establish a Vesting Tentative Map Ordinance by adding Article 999 , entitled "Vesting Tentative Maps, " and amend related Sections 9843 , 9902, 9903, 9905 and 9911. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301 from the provisions of the California Environmental Quality Act. STAFF RECOMMENDATION: Approve Code Amendment No . 88-1 with findings and forward to the City Council for adoption. THE PUBLIC HEARING WAS OPENED Paul Picard, 1735 Main Street, said that he was not aware that this ordinance was mandated by the State. He asked if any vesting maps had been challenged in the courts or gone to the appellant stage. He requested that the Commission deny because he does not feel that it is in the long-term best interest of the City. He feels that this would force the City into agreements that would put them into compromising situations later . He would like to see the system left as is . Glenn Quinliven, 1209 Pine Street, spoke in opposition to vesting tentative maps . He feels that it would have a negative effect on the City. He feels that the scaling-down of projects would not be possible if approved. Lorraine Faber, 15271 Nottingham Lane, spoke in opposition. She objects to developers going to the State and mandating that Cities allow vesting tentative maps because the City loses control and it locks the door to small developers . There were no other persons present to speak for or against the request and the public hearing was closed. PC,Minutes - 6/7/88 -10- (08746` ` DRAE- E r - Commission Bourguignon stated when developers have vested rights to build, no one can change their minds half way through the project and that developers deserve the right to be told what they can do and allowed to do it . Commissioner Slates stated that he did not feel that a developer would want to have a vested tentative map because the front loading is so intense. Commissioner Livengood stated that he would like to see the length of time of a vested map changed. Commissioner Leipzig felt that the advantages outweighed the disadvantages and that the City would have additional control up front . A MOTION WAS MADE BY LIVENGOOD, SECOND BY SLATES, TO APPROVE CODE AMENDMENT NO. 88-1, WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Bourguignon NOES: None ABSENT: Higgins ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1 . Code Amendment No. 88-1 is consistent with the intent of Section 66498 . 1 of the Planning , Zoning and Development Laws, which establishes State provisions for vesting maps . 2 . Code Amendment No . 88-1 will not adversely effect the goals and policies of the Huntington Beach General Plan. C-6 CODE AMENDMENT NO. 88-7 - RECYCLING FACILITIES NT: CITY OF HUNTINGTON BEACH Code Amendment No. is proposed to amend Article 922 of the Huntington Beach Ordina de to permit recycling facilities less than 500 square feet in size mmercial zones . The facility will be subject to development standar he respective zone in which it is to be located and may be approve the plan check process . Other recycling facilities (exceedin uare feet) are currently permitted in industrial zones subject to in al standards . PC Minutes - 6/7/88 -11- (0874 ) ORDINANCE NO. 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 e eve opmn permit wwKich receivestina approval rom the California Coastal Commission shall expire one year from the Coastal Commission' s exgjxakdan ,date. (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 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 . r i I (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 processed 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. xzOX(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 Board of Zoning Adjustments 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 . 2 - SECTION 2 . The Huntington Beach Ordinance Code is hereby amended by adding thereto new Article 999 entitled, "Vesting Tentative Maps" to read as follows : 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 Marcel 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 - 3 - proceedings . Any subsequent subdivision of the same real property shall require the filing and processing of a new subdivision map. 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 improved 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. 4 - 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 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. 5 - 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 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 - 6 - 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 day of , 198+ Mayor ATTEST: APPROVED AS TO FORM: City Clerk C, '6-6-k City Attorney `.. -88 REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator DI-rX6tofl,76f Community Develoy6ent be