Ordinance No. 806ORDINANCE NO. 806
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CYPRESS AMENDING ARTICLE
IX "VESTING TENTATIVE MAP" OF THE
CODE OF THE CITY OF CYPRESS BY
PROVIDING FOR THE FILING OF VESTING
TENTATIVE MAP FOR COMMERCIAL AND
INDUSTRIAL SUBDIVISIONS AS REQUIRED
BY GOVERNMENT CODE SECTION 66498.7
WHEREAS: The California State Legislature recently
enacted Government Code Section 66498.7 which requires
cities and counties to allow commercial and industrial
property owners who wish to subdivide their property in
accordance with the Subdivision Map Act the opportunity to
file a "Vesting Tentative Map;" and,
WHEREAS: The Cypress City Council enacted
Ordinance No. 753 on January 27, 1986 as required by
Government Code Section 66498.1 et. seg. to provide for the
filing of residential "Vesting Tentative Maps;" and,
WHEREAS: The City of Cypress has been approached
by commercial and industrial property owners seeking
information on the filing of "Vesting Tentative Maps" for
their property and in order to provide that opportunity, as
required by State law, Ordinance No. 753 will need to be
amended.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN
AS FOLLOWS:
SECTION I. Section 25 -55 "Definitions" subsection
(a) of the Code of the City of Cypress is hereby amended by
the addition of "commercial" and /or "industrial" following
the term "residential" to read as follows:
"Section 25 -55. Definitions.
(a) A 'vesting tentative map' shall mean a
'tentative map' for a residential, commercial,
and /or industrial 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 Section 25 -57 and is thereafter
processed in accordance with the provisions
hereof."
SECTION II. Section 25 -56 "Applicability"
subsection (a) of the Code of the City of Cypress is hereby
repealed.
SECTION III. Section 25 -56 "Applicability" of the Code of
the City of Cypress is hereby amended by the addition of the
following:
"(a) 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 residential, commercial, and /or industrial
development, a 'vesting tentative map' may instead
be filed, in accordance with the provisions
hereof."
SECTION IV. Section 25 -57 of the Code of the City of
Cypress is hereby amended by the addition of the following:
"(c) A 'vesting tentative map' shall not be accepted as
or deemed complete by either the City planning agency or
by operation of law unless and until all discretionary
approvals including, but not limited to, the following:
(1) General Plan Amendments;
(2) Zone Changes;
(3) Specific Plans when the Zoning Ordinance so
requires a Specific Plan;
(4) Design Review;
(5) Conditional Use Permits;
(6) Variances;
(7) Identification of all public dedications,
reservations, improvements, or in lieu fees
thereof;
are approved prior to, or filed concurrently with said
'vesting tentative map.'
(d) In addition to the requirements of subsection (c)
above and Section 25 -10(e) of this Code, a 'vesting
tentative map' shall not be accepted as or deemed
complete by either the City planning agency or by
operation of law unless and until all the information
set out below is submitted to said planning agency
including, but not limited to, the following:
(1) The height, size and location of buildings;
(2) Information on the uses to which the buildings
will be put;
(3) Certified engineering drawings showing sizes
and locations of sewer, water, and storm drain
lines and significant appurtenances such as
inlets, manholes, and pump stations, along
with supporting certified engineering
calculations. Said calculations shall
include, but not be limited to, hydrology and
hydraulic calculations and include any such
information required by other agencies such as
the County Sanitation Districts of Orange
County and the Environmental Management Agency
of the County of Orange;
(4) Certified, near final site grading plan for
the entire site contained within the
boundaries of the 'vesting tentative map;'
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(5)
Substantial, written confirmation, as
necessary, from the County Sanitation
Districts of the County of Orange and the
Environmental Management Agency of the County
of Orange (Flood Control District) that sewage
and storm discharges from the site will be
accepted into the County system;
(6) Certified, engineering drawings showing the
location, widths, and horizontal and vertical
alignments of all public and private streets
and alleys within and adjacent to the
boundaries of the 'vesting tentative map'
site;
(7)
Certified, complete geology and soils analyses
and reports for the entire site, which reports
shall provide sufficient data to determine
site preparation and building and road
structural foundation requirements and shall
enumerate all other geological and soils
mitigation measures to effect site
development;
(8) Substantial, written confirmation, as
necessary, from all utilities that the
development resulting from said 'vesting
tentative map' will be served by said utililty
companies;
(9) Any other studies which the City would
normally defer to the Building Permit stage.
(e) Should the information required in subsection (d)
above be deemed unnecessary, duplicative, or
inapplicable to a particular development proposal for
which a 'vesting tentative map' is sought to be filed,
the City's Director of Public Works /City Engineer shall
have the authority to waive said informational
requirement upon a written finding that said
informational requirement is unnecessary, duplicative,
or inapplicable to a particular development proposal.
Said written finding shall be based on substantial
evidence and include a statement that the public health,
safety, or welfare will not be placed in jeopardy or
danger and that prudent public policy and decision -
making will not be hampered by the waiving of said
informational requirement.
(f) Any developer /applicant who intends to apply to
City for a development agreement on his /her property
shall have said development agreement approved prior to,
or filed concurrently with, the application for a
'vesting tentative map.' Failure to do so shall
prohibit the approval of the development agreement,
unless the developer /applicant files for an amendment to
the 'vesting map.'
SECTION V. Article IX, "Vesting Tentative Map," of
the Code of the City of Cypress is hereby amended by the
addition of the following:
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"Section 25 -63. Amendments to Vesting Tentative
Maps, Affects of.
(a) Whenever an amendment to a 'vesting tentative map'
is sought by the developer /applicant, or the successor -
in- interest to said entitlement, acceptance and approval
of any such amendment shall have the legal effect of
re- vesting the tentative map for the period of time as
defined by this article and shall entitle the City to
impose any new requirements and conditions which may
have been adopted by said City during the intervening
period from acceptance of the 'vesting tentative map' as
complete to the approval of the amendment to the
'vesting tentative map.
(b) Any amendment to a 'vesting tentative map' shall be
filed in accordance with the provisions and requirements
of this article and shall be filed on a form provided by
the planning agency, and may include the payment of any
such fee as the City Council may herein after set by
resolution. Said form shall also include a statement as
to the legal effect of the approval of the proposed
amendment."
SECTION VI. 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 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 any one or
more sections, subsections, sentences, clauses, phrases or
portions of the application thereof to any person or place,
be declared invalid or unconstitutional.
SECTION VII. The City Clerk is hereby authorized and
directed to certify as to the passage of this Ordinance and
to give notice therof by causing copies of this Ordinance to
be posted in three public places throughout the City.
FIRST READ at a regular meeting of the City Council
of said City held on the 22nd day of August ,
1988, and finally adopted and order posted at a regular
meeting held on the 12th day of September , 1988.
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ATTEST:
CITY ITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
OF THE CITY OF CYPRESS
I, DARRELL ESSEX, City Clerk of the City of
Cypress, California, DO HEREBY CERTIFY that the foregoing
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Ordinance was duly adopted at a regular meeting of the City
Council of the City of Cypress, held on the l th day of
September , 1988; by the following roll call vote:
AYES: 3 COUNCIL MEMBERS : Kanel, Mullen and Arnold
NOES: 0 COUNCIL MEMBERS : None
ABSENT:1 COUNCIL MEMBERS: C.aronado
ABSTAINED: 1 COUNCIL MEMBERS: Davis
CITY _ F THE TY OF CYPRESS