Ordinance Number 566ORDINANCE NO. 566 276
AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE -
VESTING TENTATIVE MAPS
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING SECTION 9-4.505 ENTITLED
"VESTING TENTATIVE MAPS" TO CHAPTER 4
"SUBDIVISIONS," OF TITLE 9 "LAND USE" OF THE
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
Section 9-4.505 entitled "Vesting Tentative Maps" is
hereby added to Chapter 4 "Subdivisions," of Title 9 "Land Use"
of the Municipal Code to read as follows:
"Section 9-4.505. Vesting Tentative Maps.
"(a) Purpose and Basis for Vesting Tentative Maps.
11 (b)
,1 (c)
"Pursuant to the requirements of Government Code
Section 66428, whenever there is required to be
filed the filing of a tentative map or tentative
parcel map for a residential development, a
vesting tentative map may instead be filed in
accordance with the provisions of this Section.
Vesting tentative map provisions shall apply only
to residential developments.
"The effect of the vesting tentative map shall be
to secure certain rights to development of a
residential subdivision development upon the filing
and approval of a vesting tentative map.
Filing and Processing.
"The 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 set forth in Municipal Code Section
9-2.304 for a tentative map, except that at the
time a vesting tentative map is filed, it shall
have printed conspicuously on its face the words
"vesting tentative map."
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 as set forth in Municipal Code Section
9-2.304 for the expiration of the approval or
conditional approval of the tentative map.
on
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"(d) Vesting on Approval of Vesting Tentative Map.
11(1) The approval or conditional approval of a
vesting tentative map shall confer a vested
right to proceed with development in
substantial compliance with the City General
Plan, subdivision, and zoning regulations in
effect at the time that the Department of
Community Planning and Development has
determined that the tentative map application
is complete.
"(2) Notwithstanding the vesting tentative map
rights as set forth herein, approval,
extension, or entitlement may be made
conditional or denied if any of the following
are determined:
"i. 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.
"ii. The condition or denial is required in
order to comply with the state or
federal law.
"(3) The rights referred to herein shall expire if
a final map is not approved prior to the
expiration of the vesting tentative map as
set forth in Subsection (c) of this Section.
"(e) Duration of Vesting Rights.
"If the final map is approved, the vesting rights
set forth in Subsection (d)(1) shall last for the
following periods of time:
"(1) A period of one year. Where several final
maps are recorded on various phases of the
project covered by a single vesting tentative
map, the one- year period shall begin for
each phase when the final map for that phase
is recorded.
"(2) This one-year period shall automatically be
extended by any time used for processing a
complete application for a grading permit or
for design or architectural review after
tentative map approval, and such processing
exceeds 30 days.
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"(3) A subdivider may apply for a one-year "— f
extension at any time before the one-year
period set forth in Subsection (e)(1)
expires. The Planning Commission shall make
a determination on the request for the
extension, and if the determination is to
recommend denial, that determination shall be
treated as appealable to the City Council
within 15 days. The Planning Commission
shall make explicit findings establishing its
basis for denial.
"(4) If the subdivider submits a complete
application for a building permit during the
periods of time specified herein, the rights
referred to shall continue until the
expiration of that permit, or any extension
of that permit.
SECTION 2. Effective Date.
This ordinance shall take effect and be in force thirty
(30) days after its passage.
SECTION 3. City Clerk's Certification.
The City Clerk shall certify to the adoption of this
Ordinance and cause the same to be published once as required by
law and posted at the duly designated posting places within the
City of San Juan Capistrano within fifteen (15) days after its
passage.
PASSED, APPROVED AND ADOPmFn X1,4- 101, ate., F
March 1986.
ATTEST:
CITY CLEFT
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279 STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Ordinance No. 566 , which was
introduced at a meeting of the City Council of the City of San
Juan Capistrano, California, held on March 4 , 1986 , and
adopted at a meeting held on March 18 1986 by the
following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
(SEAL)
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14ARY AN ANOVE , CITY CLERK
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