Whenever any words or phrases as used in this title 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 title.
(Ord. 109 § 2, 1975)
A. 
The city council assumes control of the design and improvement of land subdivision, including any division of land created by a parcel map as such is vested in the city by provisions of the Subdivision Map Act of the state, and amendments thereto, or as otherwise established and set forth herein.
B. 
In conjunction therewith and in addition to the aforesaid control of land within the city, it is declared that any land that is divided in any method or manner whatsoever shall be accomplished by either subdivision map or parcel map which must first be approved by the city council.
C. 
No person shall sell, offer to sell, transfer title from one owner to another, or otherwise dispose of such in any manner whatsoever, any parcel of land or fraction thereof without first conforming to the applicable requirements of the Subdivision Map Act, the requirements of this or any other provision or requirement set forth and established by the city council.
(Ord. 109 § 3, 1975)[1]
[1]
Editor's note: Ordinance 109 contained two sections numbered "3."
For the purpose of this title, a unit of land is any plot of land separately described as shown on either:
A. 
The tax assessor's map record on tax rolls as a separate unit of land; or
B. 
The official records of the county recorder accomplished by either a subdivision map or other city-councilapproved division of land.
(Ord. 109 § 4, 1975)[1]
[1]
Editor's note: Ordinance 109 contained two sections numbered "4."
A. 
A report as to conformity to the general plan, which is required pursuant to Section 65402 of the Government Code as the result of a proposed division of land, may be included as part of and at the same time as the action taken by the city council on such division of land.
B. 
Such report is not required for a proposed subdivision which involves:
1. 
The disposition of the remainder of a larger parcel which was acquired and used in part for street purposes;
2. 
Acquisitions, disportions, or abandonments for street widening; or
3. 
Alignment projects;
provided that the city council expressly finds that any such disposition for street purposes, acquisitions, dispositions, or abandonments for street widening, or alignment projects is of a minor nature.
(Ord. 109 § 3, 1975)[1]
[1]
Editor's note: Ordinance 109 contained two sections numbered "3."
A. 
A parcel map shall be filed and recorded for any subdivision for which a tentative and final map is not required by the Subdivision Map Act except for subdivisions created by short term leases (terminable by either party on not more than thirty days' notice in writing) of a portion of an operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code; provided, however, that upon a showing made to the city council based upon substantial evidence, that public policy necessitates such a map, this exception shall not apply.
B. 
Such maps shall meet all of the requirements of Section 16.04.080 and shall show all dedications or offers of dedication thereon. The city council may require that such dedications or offers of dedications be made by deed in lieu of or in addition to appearing on the map.
C. 
When a parcel map is required by this title, a tentative parcel map shall first be filed with the city council. Said map shall meet all the requirements for tentative maps provided by the Subdivision Map Act and this title.
(Ord. 109 § 4, 1975)[1]
[1]
Editor's note: Ordinance 109 contained two sections numbered "4."
A. 
The subdivider shall pay to the city fees for filing, processing and checking all tentative subdivision maps, final subdivision maps, tentative parcel maps, final parcel maps, street improvement plans, sanitary sewer plans and utility plans.
B. 
The fees for these services shall be set by resolution of the city council of the city.
C. 
A subdivider shall pay to the city the cost of operation and maintenance for the street lighting system within an improved project for a period of forty-eight months from the date of acceptance by the city engineer. The cost shall be established by resolution of the city.
(Ord. 109 § 5, 1975; Ord. 278 § 1, 1981)
Tentative maps shall be filed with the planning department and shall be processed in accordance with the Subdivision Map Act and the provisions of this title. The subdivider shall file as many copies of the tentative as may be required by the planning department.
(Ord. 109 § 6(A), 1975)
A. 
The following will be required for tentative maps:
1. 
Title of subdivision and description of property;
2. 
Name and address of owner and subdivider;
3. 
Name and address of person preparing map;
4. 
Approximate acreage;
5. 
North point;
6. 
Scale;
7. 
Date;
8. 
Boundary lines;
9. 
Location and name of streets;
10. 
Width of streets and alleys;
11. 
Name, location and width of adjacent streets;
12. 
Proposed street grades;
13. 
Proposed lot grades;
14. 
Location and width of easements;
15. 
Dimensions of reservations;
16. 
Existing structures;
17. 
Location of existing and proposed public utilities;
18. 
Existing sewers;
19. 
Existing water mains;
20. 
Existing culverts and drainpipes;
21. 
Watercourses;
22. 
Land subject to overflow or inundation;
23. 
Railroads;
24. 
Lot lines and approximate dimensions;
25. 
Approximate radius of curves;
26. 
Building lines;
27. 
Lands and parks to be dedicated for public use;
28. 
Contours at five-foot intervals if slope greater than ten percent;
29. 
Contours at two-foot intervals if slope less than ten percent;
30. 
Proposed land use;
31. 
Name and tract number of adjoining subdivisions;
32. 
The name or names of any geologist or soils engineer whose services were required in the preparation of the design of the tentative map;
33. 
A geologic soils report prepared by a civil engineer who is registered by the state, based upon adequate test borings or excavations, unless the building department shall determine that, due to the knowledge such department has as to the soil qualities of the soil of such subdivision or lot, no preliminary analysis is necessary. If the preliminary soils report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, the person filing the tentative map shall submit a soils investigation of each lot in the subdivision, prepared by a civil engineer who is registered in this state, which shall recommend corrective action which is likely to prevent structural damage to each dwelling proposed to be constructed on the expansive soil. The building department shall approve the soils investigation if it determines that the recommended action is likely to prevent structural damage to each dwelling to be constructed and shall require that the approved recommended action be incorporated in the construction of each dwelling as a condition to the building permit;
34. 
If the building official finds that a written geological report is necessary to determine whether the property to be divided is subject to an existing or potential geological hazard, the person filing the tentative map shall submit such a report to said department. The report shall be prepared by a registered engineering geologist.
B. 
Such information may be furnished separately from the map itself.
(Ord. 109 § 6(B), 1975)
The city council may waive any of the requirements of Sections 16.04.010 though 16.04.100 whenever the city council finds that the type of subdivision is such that compliance is unnecessary or that other circumstances justify the waiver. The city council may require such drawings, data, or other information as are deemed necessary.
(Ord. 109 § 7, 1975)
The subdivider shall improve or agree to improve all streets, highways, alleys, ways, or easements required in connection with, or as a part of, a subdivision or a division of land created by a parcel map as a condition precedent to acceptance thereof and approval of the final map. Such improvements shall be installed at lines and grades, and in accordance with plans, standards and specifications approved by the city engineer, and shall include:
A. 
Grading, drainage, and drainage structures necessary to proper use and to the public safety;
B. 
Portland cement concrete curbs, gutters, sidewalks and drive approaches;
C. 
Storm drains, conduits and channels;
D. 
Asphalt concrete street paving;
E. 
Aggregate base;
F. 
Adequate domestic water supply, including the relocation or replacement of all water mains, irrigation lines, and appurtenances as required by the city engineer;
G. 
Sanitary sewer facilities and connections for each lot;
H. 
Underground utilities providing services to each lot;
I. 
Services from public utilities, where provided, and from sanitary sewers shall be made available for each lot in such manner as will obviate the necessity for disturbing the street pavement, gutter, curb and sidewalk when service connections are made;
J. 
Street trees;
K. 
Fire hydrants;
L. 
Street name signs, and traffic regulatory devices;
M. 
Street lights, including ornamental light standards;
N. 
The relocation or replacement of all utility lines and poles as required by the city engineer;
O. 
Permanent subdivision survey monuments;
P. 
In addition to the aforesaid minimum requirements, the city council may require such additional improvements and facilities or such modifications in the standards of minimum improvements as special conditions may cause the council to make a special finding of need.
(Ord. 109 § 8, 1975)
Whenever a public hearing is held pursuant to this title, notice of the time and place thereof, including a general description of the location of the subdivision or proposed subdivision, shall be given at least ten days before the hearing. Such notice shall be given by publication once in a newspaper of general circulation printed and published in the county and circulated in the city. In addition to notice by publication, the city council may require notice of the hearing to be given in such other manner as it may deem necessary or desirable. Any interested person may appear at such hearing and shall be heard.
(Ord. 109 § 10, 1975)
The person filing the tentative map may request an extension of the tentative map approval or conditional approval by written application to be filed at least thirty days before the approval or conditional approval is due to expire. The application shall state the reasons for requesting the extension. In granting an extension, new conditions may be imposed and existing conditions may be revised.
(Ord. 109 § 11(B), 1975)
An extension request shall be for a period not to exceed twelve months. Extensions of tentative map approval or conditional approval shall not exceed an aggregate of sixty months.
(Ord. 109 § 11(C), 1975; Ord. 204 § 1, 1979; Ord. 298 § 2, 1983; Ord. 457 § 1, 1991; Ord. 564 § 1, 1998)
The approval or conditional approval of a tentative parcel map shall expire twenty-four months from the date the map was approved or conditionally approved.
(Ord. 109 § 12, 1975; Ord. 162 § 1, 1977; Ord. 298 § 3, 1983)
The city council may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on a final map as abutting thereon, and that if the dedication is accepted, such waiver shall become effective in accordance with the provisions of the waiver of direct access. In addition, the council may require a waiver of access to an existing street which abuts a subdivision if it determines that a safety hazard would be created as a result of direct access.
(Ord. 109 § 13, 1975)
As a condition of approval of a final map, a subdivider who develops or completes the development of one or more subdivisions within the Redlands Elementary School District shall dedicate to the school district such lands as the council shall deem to be necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service.
(Ord. 109 § 14(A), 1975)
The requirement of dedication shall be imposed at the time of approval of the tentative map. If within thirty days after the requirement of dedication is imposed by the city the Redlands School District does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to sixty days after the filing of the final map on any portion of the subdivision.
(Ord. 109 § 14(B), 1975)
The Redlands School District shall, if it accepts the dedication, repay to the subdivider or his or her successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:
A. 
The cost of any improvements to the dedicated land since acquisition by the subdivider;
B. 
The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication;
C. 
Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.
(Ord. 109 § 14(C), 1975)
As a condition of approval of a map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in this title.
(Ord. 109 § 15(A), 1975)
Where a park, recreational facilities, fire station, library, or other public use is shown on an adopted specific plan or adopted general plan containing a community facilities element, recreation and parks element and/or a public building element, the subdivider may be required by the city council to reserve sites as so determined by the city or county in accordance with the definite principals and standards contained in the above specific plan or general plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the adopted specific plan or general plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.
(Ord. 109 § 15(B), 1975)
The public agency for whose benefit an area has been reserved shall at the time of approval of the final map or parcel map enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement.
(Ord. 109 § 15(C), 1975)
The purchase price shall be the market value thereof at the time of the filing of the tentative map plus the taxes against such reserved area from the date of the reservation and any other such costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any load covering such reserved area.
(Ord. 109 § 15(D), 1975)
As a condition of approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements in accordance with the city standard construction drawings and the provisions of Sections 16.04.280 through 16.04.320.
(Ord. 109 § 16(A), 1975)
Streets, alleys, easements and parks shall conform as follows:
A. 
Major Streets and Thoroughfares. Major streets and thoroughfares for opening or widening shall conform to good engineering and planning procedures and shall be subject to the review and approval of the city council.
B. 
Local Streets.
1. 
Local streets shall not be less than sixty feet in width, or dedicated to that width of previously dedicated portions of streets, and shall be located to provide natural drainage with no drainage pockets and adjusted to the topography. There shall be a minimum number of intersections with major streets or thoroughfares, and blocks shall be not less than six hundred feet in length. All street intersections shall have corner cutbacks of not less than a ten-foot radius.
2. 
When one or more streets or alleys are dedicated or proposed to be dedicated as part of a subdivision or an approved parcel map, such streets and alleys shall conform to and be, as nearly as possible, in alignment with other established or dedicated streets or alleys.
C. 
Dead-end Streets. Dead-end streets shall be terminated by a turnaround area not less than ninety-six feet in diameter separated to the depth of one lot from the exterior boundary line or other topographical features of the subdivision or parcel map.
D. 
Boundary Line Streets—Half Streets. Boundary line streets and half streets shall be required to be developed to a minimum width of twenty-eight feet or to such greater width as may be required by the city council in the public interest and to facilitate safe and convenient traffic. Such partial streets shall be permitted only when assurances are presented in writing by the owner of the adjoining property of his or her intention to dedicate the remaining parts of the street when such adjoining property is subdivided or when the city council determines that such partial dedications are necessary for safety and convenience.
E. 
Alleys.
1. 
Improved alleys twenty feet wide shall be provided at the rear of all lots when required by the city council.
2. 
All alley intersections shall have corner cutbacks of not less than a ten-foot radius.
3. 
Alleys in the rear of business, industrial, or income property shall be designed and located according to the plan for the development of the particular use involved. All public utilities shall be placed and maintained in such alleys whenever practicable to do so.
F. 
Easements. Easements shall be dedicated as follows:
1. 
For flood channels or drainage purposes at such widths as the county flood officer or the city engineer may indicate; and
2. 
For utilities at the rear of all lots, insofar as practical, to serve the property when alleys are not provided.
G. 
Pedestrian Ways. Pedestrian ways may be required near the middle of long blocks and at the end of cul-desacs.
H. 
Small Parks. Small parks or other public areas shall be dedicated as may be appropriate.
I. 
Curved Streets. Curved streets in comparatively level locations shall have a centerline radius of five hundred feet or greater.
J. 
Street Corners. Street corners shall have a minimum twenty-foot curb radius with the property line designed so as not to reduce the parkway widths.
K. 
Alley Corners. All alley corners intersecting with streets shall have a minimum curb radius of not less than eight feet.
L. 
Street Connections or Intersections. All street connections or intersections shall be made at approximately right angles.
M. 
Minimum Widths. Minimum widths for pavements and sidewalks shall be as follows:
1. 
For streets, thirty-six feet;
2. 
For business districts, six-foot sidewalks; and
3. 
For residential districts, five-foot sidewalks.
(Ord. 109 § 16(B), 1975)
Lots in residential zones shall be not less than sixty feet wide measured at the building line and one hundred feet deep with a sixty-five foot minimum width for corner lots; provided, however, those lots located at the end of a cul-desac street may have a minimum width at the building setback line of not less than fifty feet provided the average width of such lot is not less than sixty feet. Side lines of lots shall be approximately normal to the street line. When large lots are proposed, the shapes and building locations may be required to be so established as to permit later practical resubdivision. No reserved lots or strips shall be permitted. Every lot shall front or abut on a dedicated street, except for deep lot subdivisions, where the extension of a public street is not practical, access may be provided by a private street or common driveway, the standards for which shall be established by the city council as part of the approval of the tentative parcel map. Deep lot subdivisions shall apply only to subdivisions of four lots or less. In the case of all subdivisions, double frontage lots shall be avoided.
(Ord. 109 § 16(C) (1), 1975; Ord. 417 § 1, 1989)
Blocks shall ordinarily be two lot depths in width and not over one thousand four hundred feet in length. If shown at greater width, the city council may require easements or other assurances to permit later practical resubdivision.
(Ord. 109 § 16(C) (2), 1975)
The purpose of this section is to make provision for assessing and collecting fees as a condition of approval of a final map or as a condition of issuing a building permit for the purpose of defraying the actual or estimated costs of constructing bridges or major thoroughfares pursuant to Section 66484 of the Government Code.
(Ord. 109 § 17, 1975)
The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map, and thereafter to dedicate such improvements to the public; however, the subdivider shall be reimbursed for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements pursuant to the provisions of the Subdivision Map Act.
(Ord. 109 § 18(A), 1975)
No charge, area of benefit or local benefit district shall be established unless and until a public hearing in accordance with the provisions of Section 16.04.130 is held thereon by the city council, and the city council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.
(Ord. 109 § 18(B), 1975)
In addition to the notice required by Section 16.04.130, written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment roll, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the city clerk at least ten days prior to the date established by the city for the hearing.
(Ord. 109 § 18(C), 1975)
If the city has adopted a local drainage or sanitary sewer plan or map as required for the imposition of fees therefor, or has established an area of benefit for bridges or major thoroughfares as provided in Section 16.04.330 the city may impose a reasonable charge on property within the area benefited and may provide for the collection of said charge as set forth in this chapter. The city may enter into reimbursement agreements with a subdivider who constructs said facilities and the charges collected by the city therefor may be utilized to reimburse the subdivider as set forth herein.
(Ord. 109 § 18(D), 1975)
There shall be one hundred percent of the total estimated cost of the improvement or of the act to be performed, conditioned upon the faithful performance of the act or agreement, and, in addition, fifty percent of the total estimated cost of the improvement or the performance of the required act, securing payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act plus an additional ten percent for the guarantee and warranty of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished. If the improvement security is other than a bond or bonds furnished by duly authorized corporate surety, an additional amount shall be included as determined by the city council as necessary to cover the cost and reasonable expenses and fees, including reasonable attorneys' fees, which may be incurred by the city in successfully enforcing the obligation secured.
(Ord. 109 § 19(B), 1975; Ord. 162 § 2, 1977)
In the event the required subdivision improvements are financed and installed pursuant to special assessment proceedings, the subdivider may apply to the city council for a reduction in the amount of the improvement security required under this chapter up to an amount corresponding to the amount of faithful performance and labor and material bonds required by the special assessment act being used. The city council may grant such reduction if it finds that such bonds have been in fact provided and that the obligations secured thereby are substantially equivalent to that required by this chapter.
(Ord. 109 § 19(D), 1975)
The improvement security required under this chapter shall be released in the following manner:
A. 
Security given for faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work subject to the provisions of subsection B of this section.
B. 
The city council may release a portion of the security in conjunction with the acceptance of the performance of the act or work as it progresses upon application therefor by the subdivider; provided, however, that no such release shall be for an amount less than twenty-five percent of the total improvement security given for faithful performance of the act or work and that the security shall not be reduced to an amount less than fifty percent of the total improvement security given for faithful performance until final completion and acceptance of the act or work. In no event shall the city council authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the act or work and any other obligation imposed by this chapter, the Subdivision Map Act, or the improvement agreement.
C. 
Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment, may, six months after the completion and acceptance of the act or work, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the legislative body, plus an amount reasonably determined by the city council to be required to assure the performance of any other obligations secured thereby. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.
D. 
No security given for the guaranty or warranty of work shall be released until the expiration of the period thereof.
(Ord. 109 § 19(E), 1975)
Proceedings to revert subdivided property to acreage may be initiated by petition of all of the owners of record of the property. The petition shall be in a form prescribed by the planning department. The petition shall contain the information required by Section 16.04.460 and such other information as required by the planning department.
(Ord. 109 § 20(B), 1975)
The city council of the city, on its own motion, may by resolution initiate proceedings to revert property to acreage. The city council shall direct the planning department to obtain the necessary information to initiate and conduct the proceedings.
(Ord. 109 § 20(C), 1975)
Petitioners shall file the following:
A. 
Evidence of title to the real property; and
B. 
1. 
Evidence of the consent of all of the owners of an interest(s) in the property, or
2. 
Evidence that none of the improvements required to be made have been made within two years from the date the final map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later, or
3. 
Evidence that no lots shown on the final or parcel map have been sold within five years from the date such final or parcel map was filed for record;
C. 
1. 
A tentative map in the form prescribed by this chapter, or
2. 
A final map in the form prescribed by this chapter and the Subdivision Map Act which delineates dedications which will not be vacated and dedications required as a condition to reversion.
(Ord. 109 § 20(D), 1975)
Petitions to revert property to acreage shall be accompanied by a fee of one hundred fifty dollars. If the proceedings are initiated pursuant to Section 16.04.440, the person or persons who requested the city council to initiate the proceedings shall pay a fee of two hundred dollars. Fees are not refundable.
(Ord. 109 § 20(E), 1975)
A. 
A public hearing shall be held before the city council on all petitions for initiations for reversions to acreage. Notice of the public hearing shall be given as provided in Section 16.04.130. The city clerk may require such other notice that he or she deems necessary or advisable. The city council may approve a reversion to acreage only if it finds and records in writing that:
1. 
Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purpose; and
2. 
Either:
a. 
All owners of an interest in the real property within the subdivision have consented to reversion, or
b. 
None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements; whichever is later, or
c. 
No lots shown on the final or parcel map were filed for record.
B. 
The city council may require as conditions of the reversion:
1. 
The owners dedicate or offer to dedicate streets or easements;
2. 
The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if the same are necessary to accomplish any of the provisions of this chapter.
(Ord. 109 § 20(F), 1975)
A. 
At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 8771 of the Business and Professions Code so that another engineer or surveyor may readily retrace the survey.
B. 
He shall also set any additional monuments as may be set forth on those standard drawings which the city engineer may prepare for the purpose of identifying subdivision monumentation requirements of the city.
C. 
All monuments necessary to establish the exterior boundaries of the subdivision shall be set or referenced prior to recordation of the final map.
(Ord. 109 § 21, 1975)
Every map approved pursuant to this chapter shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off-site property, set forth in Uniform Building Code.
(Ord. 109 § 22, 1975)
Four or fewer contiguous parcels under the same ownership may, with the approval of the community development director, be merged by submitting a certificate of compliance with the new legal description for recordation by the community development department.
(Ord. 544 § 1, 1996)
The ordinance codified in this chapter is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 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."
(Ord. 345 § 1-1, 1985)
A. 
It is the purpose of this chapter to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and Chapter 16.04 of the Loma Linda Municipal Code. Except as otherwise set forth in the provisions of this chapter, the provisions of Chapter 16.04 of the Loma Linda Municipal Code shall apply to this vesting tentative map chapter.
B. 
To accomplish this purpose, the regulations outlined in this chapter 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.
(Ord. 345 § 1-2, 1985)
A. 
A "vesting tentative map" means a tentative map for a residential subdivision, as defined by Chapter 16.04, of the Loma Linda Municipal Code, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 16.08.060, and is thereafter processed in accordance with the provisions hereof.
B. 
All other definitions set forth in Chapter 16.04 are applicable.
(Ord. 345 § 1-4, 1985)
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 which is not permitted by the zoning ordinance or other applicable provisions of this code.
(Ord. 345 § 1-3, 1985)
A. 
This chapter shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by Chapter 16.04 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 Statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, a permit for construction, or work preparatory to construction.
(Ord. 345 § 1-5, 1985)
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 16.04 for a tentative map 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 following information (in addition to that required by Chapter 16.04):
For example:
1. 
Height, size and location of buildings (existing and proposed);
2. 
Sewer, water, storm drain and road details (existing and proposed);
3. 
Geological studies;
4. 
Flood control report or engineer's study;
5. 
Environmental impact report (if necessary).
(Ord. 345 § 2-1, 1985)
Upon filing a vesting tentative map, the subdivider shall pay the same fees as required for a tentative subdivision map. The rate of such fees shall be set by resolution of the city council for the filing and processing of a tentative map.
(Ord. 345 § 2-2, 1985)
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 Chapter 16.04 for the expiration of the approval or conditional approval of a tentative map.
(Ord. 345 § 2-3, 1985)
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 Section 66474.2.
B. 
Notwithstanding subsection A of this section, a permit, approval, extension or entitlement 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 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 Section 16.08.080. If the final map is approved, these rights shall last for the following periods of time:
1. 
An initial time period of twenty-four months. 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 subsection C1 of this section shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review;
3. 
A subdivider may apply for a one-year extension at any time before the initial time period set forth in subsection C1 of this section expires;
4. 
If the subdivider submits a complete application for a building permit during the periods of time specified in subsections C1 through C3 of this section, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.
(Ord. 345 § 3-1, 1985)
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, the 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 Section 16.08.090A, confer the vested right to proceed with the development in substantial compliance and the map, as approved.
B. 
The rights conferred by this section shall be for the time periods set forth in Section 16.08.090C.
(Ord. 345 § 3-2, 1985)