Ordinance No. 753ORDINANCE NO. 753
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS, CALIFORNIA ESTABLISHING REGULATIONS FOR VESTING
TENTATIVE MAPS FOR RESIDENTIAL SUBDIVISIONS.
WHEREAS, the City Council desires to enact this ordinance
pursuant to the authority granted by Chapter 4.5 (commencing
with Section 66498.1) of Division 1 of Title 7 of the
Government Code of the State of California (hereinafter
referred to as the Vesting Tentative Map Statute), and may be
cited as the Vesting Tentative Map Ordinance.
WHEREAS, it is the purpose of this ordinance to establish
procedures necessary for the implementation of the Vesting
Tentative Map Statute, and to supplement the provisions of the
Subdivision Map Act (codified at Chapter 25 of the Code of the
City of Cypress) with respect to residential subdivisions.
Except as otherwise set forth in the provisions of this
ordinance, the provisions of the Subdivision Ordinance shall
apply to the Vesting Tentative Map Ordinance (Article IX of
Chapter 25 of the Code of the City of Cypress).
WHEREAS, to accomplish this purpose, the regulations
outlined in this ordinance are determined to be necessary for
the preservation of the public health, safety and general
welfare, and for the promotion of orderly growth and
development.
WHEREAS, it is the intent of the City Council of the City
of Cypress that no land shall be subdivided pursuant to a
vesting tentative map for any purpose which is inconsistent
with the General Plan of the City of Cypress and any applicable
specific plan not permitted by the zoning ordinance (codified
in Appendix I of the Code of the City of Cypress) or other
applicable provisions of the Code of the City of Cypress.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 25 of the Code of the City of Cypress
is amended by adding new Article IX thereto to read as follows:
"Article IX. Vesting Tentative Map ".
SEC. 25 -55. Definitions
(a) A "vesting tentative map" shall mean a "tentative map"
for a residential subdivision, as defined in Chapter 25 hereof,
that shall have printed conspicuously on its face the words
"Vesting Tentative Map" at the time it is filed in accordance
with § 25 -57 and is thereafter processed in accordance with the
provisions hereof.
(b) All other definitions set forth in Chapter 25 hereof
are applicable.
SEC. 25 -56. Application
(a) This article shall apply only to residential
developments. Whenever a provision of the Subdivision Map Act,
as implemented and supplemented by the provisions of Chapter 25
hereof, requires 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
hereof.
(b) If a subdivider does not seek the rights conferred by
the vesting tentative map, the filing of a vesting tentative
map shall not be a prerequisite to any approval for any
proposed subdivision, permit for construction, to work
preparatory to construction.
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(c) In the event rezoning or the obtaining of any
discretionary approval would be required for the development
proposed by a vesting tentative map, the obtaining of such
rezoning and discretionary approvals shall be conditions
precedent to the right to have deemed filed an application for
a vesting tentative map.
SEC. 25 -57. 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 set forth in Chapter 25
hereof for a tentative map except as hereinafter provided:
(a) At the time a vesting tentative map is filed it shall
have the 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 all the information as required by
Sec. 25 -10(e) hereof.
SEC. 25 -58. Fees
(a) 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 a vesting tentative map.
SEC. 25 -59. 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 by Sec. 25 -11
hereof for the expiration of the approval or conditional
approval of a tentative map.
SEC. 25 -60. Vesting on Approval of Vesting Tentative Map
(a) The approval or conditional approval of a vesting
tentative map shall confer a vested right to proceed with
development in substantial compliance with the ordinances,
policies, and standards described in Government Code § 66474.2
of the State of California.
However, if such Section 66474.2 of the Government Code, 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 ordinances,
policies, and standards in effect at the time the vesting
tentative map is approved or conditionally approved.
(b) Notwithstanding subdivision (a), a permit, approval,
extension, or entitlement in connection with such vesting
tentative map may be made conditional or denied if any of the
following are determined:
(1) A failure to do so would place the residents of
the subdivision or the immediate community, or both,
in a condition dangerous to their health or safety, or
both.
(2) The condition or denial is required, in order to
comply with state or federal law.
(c) The rights referred to herein shall expire if a final
map is not approved prior to the expiration of the vesting
tentative map as provided in Sec. 25 -59. If the final map is
approved, these rights shall last for the following periods of
time:
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(1) An initial time period of one year.
Where several final maps are recorded on various
phases of a project covered by a single vesting
tentative map, this initial time period shall begin
for each.phase when the final map for that phase is
recorded.
(2) The initial time period set forth in (c)(1) shall
be automatically extended by any time used for
processing a complete application for a grading permit
or for design or architectural review, if such
processing exceeds 30 days, from the date a complete
application is filed.
(3) A subdivider may apply for a one -year extension
at any time before the initial time period set forth
in (c)(1) expires. If the extension is denied, the
subdivider may appeal that denial to the city council
within 15 days.
(4) If the subdivider submits a complete application
for a building permit during the periods of time
specified in subdivisions (1) -(3), the rights
referred to herein shall continue until the expiration
of that permit, or any extension of that permit.
SEC. 25 -61. Development Inconsistent With Zoning --
Conditional Approval
(a) Whenever a subdivider files a vesting tentative map
for a subdivision whose intended development is inconsistent
with the zoning ordinance in existence at that time, that
inconsistency shall be noted on the map. The City may deny
such a vesting tentative map or approve it conditioned 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 Sec. 25 -60(a) confer the vested right to
proceed with the development in substantial compliance with the
change in the zoning ordinance and the map, as approved.
(b) The rights conferred by this section shall be for the
time periods set forth in Sec. 25 -60.
SEC. 25 -62. Applications Inconsistent with Current Policies
Notwithstanding any provision of this Article, 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 Sec. 25 -60 and 25 -61, and local agencies
may grant these approvals or issue these permits to the extent
that the departures are authorized under applicable law.
SECTION 2. This ordinance is adopted as an urgency measure
to provide for the Compliance with Section 66498.8 of the
Government Code of the State of California and is intended to
promote the public health, safety, and welfare.
SECTION 3. Severability. If any section, subsection,
subdivision, sentence, clause, phrase, or portion of this
ordinance, or the application thereof to any person or place,
is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this
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ordinance or its application to other persons or places. The
City Council hereby declares that it would have adopted this
ordinance, and each section, subsection, subdivision, sentence,
clause, phrase or portion thereof, irrespective of the fact
that only one or more sections, subsections, subdivision,
sentences, clauses, phrases, or portions, or the application
thereof to any person or place, be declared invalid or
unconstitutional.
SECTION 4. The City Clerk is hereby authorized and
directed to certify as to the passage of this ordinance and to
give notice by causing copies of this ordinance to be posted in
three public places throughout the City.
INTRODUCED AND ADOPTED at a regular meeting of the City
Council of the City of Cypress held on the 13th day of
January , 1986.
In the event that it is hereafter judicially determined
that this ordinance may not be enacted as an urgency measure,
this ordinance shall be determined to have received its first
reading at a regular meeting of the City Council of said City
held on the 13thday of January , 1986, and finally adopted
and ordered posted at a regular meeting of said Council held on
the 27th day of January , 1986.
ATTEST:
. 1 . �'
Y
OF CYPRESS
MA
TY •F CYPRESS
STATE OF CALIFORNIA )
COUNT/ OF ORANGE ) SS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO
HEREBY CERTIFY that the foregoing Ordinance was duly adopted
at a regular meeting of the said City Council held on thel3th
day of Januaryl986, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Coronado, Kanel, Mullen,
NOES: 0 COUNCIL MEMBERS: None Partin and Lacayo
ABSENT: 0 COUNCIL MEMBERS: None
l i
CITY L Y OF CYPRESS
E` F T�
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO
HEREBY CERTIFY that the foregoing Ordinance was duly adopted
at a regular meeting of the said City Council held on the
27th day of January 1986; by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Coronado, Kanel, Partin,
and Mullen
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Lacayo
AR L6i�,x -cam
ESS X
CITY CLERK OF THE CITY OF CYPRESS
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