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.
(Prior code § 9507.010)
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 the subdivision ordinance.
Except as otherwise provided hereinafter, the provisions of the subdivision
ordinance shall apply to the vesting tentative map ordinance.
B.
To
accomplish this purpose, the regulations outlined hereinafter 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.
C.
The
rights conferred by this chapter shall relate only to the imposition
by the city 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 the city the option to disregard any state or federal
laws, regulations, or policies.
(Prior code § 9507.020)
No land shall be subdivided or developed pursuant to a vesting
tentative map for any purpose which is inconsistent with the general
plan or any applicable specific plan, or not permitted by the zoning
ordinance or other applicable provisions of the Upland Municipal Code.
(Prior code § 9507.030)
A.
"Vesting tentative map" means a tentative tract or parcel map for a residential subdivision, as defined in the subdivision ordinance, that shall have printed conspicuously on its face the words, "Vesting Tentative Map" at the time it is filed in accordance with Section 16.32.060 and thereafter processed in accordance with the provisions hereof.
(Prior code § 9507.040)
Applications for a vesting tentative map shall be in accordance with all procedures, requirements, and provisions for fees as set forth in Chapter 16.12, Procedures of the Upland Municipal Code, 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.
Prior
to the filing of an application for approval of a vesting tentative
map, the subdivider shall submit a site plan of the proposed subdivision
for the review and approval of the administrative committee, environmental
review board, and design review board. Such submittal shall include,
but not be limited to, the following items:
1.
Environmental
initial study including, but not limited to, the preparation of noise
and traffic studies as may be deemed necessary;
2.
Information
from local school districts as to perceived effects on local schools
and recommendations for mitigation of any potential significant adverse
effects, including, but not limited to, the payment of such school
impact fees as may be required at time of issuance of building permits;
3.
Schematic
plans for the location and approximate sizes of sewer, water, storm
drains, utilities (including, but not limited to, gas, electric, telephone,
and cable TV), and street improvement, and/or the governing criteria
for the design thereof;
4.
Comprehensive
analysis of sewage flow and capacity of sewage treatment;
5.
Grading
and drainage plans, including, but not limited to, existing ground
contours out to not less than 50 feet beyond property lines and across
the full width of any public rights-of-way, proposed pad elevations
and slope banks, and proposed drainage pattern and type of drainage
systems;
Contour lines shown shall be based on up-to-date topographical
survey(s) using contour intervals of one foot, except where impractical
due to steep terrain;
6.
Geological
studies and soils reports;
7.
Flood
control information;
8.
Hydrology
study;
9.
Architectural
plans of proposed development (including site plan, floor plan, elevations,
color/material samples, conceptual landscape and irrigation plans,
lighting plan, and streetscape plan) and information on the use(s)
to which the building(s) will be put.
C.
A vesting
tentative map shall be considered filed only subsequent to all discretionary
land use approvals required (general plan amendment, zone change,
conditional use permit, or variance), in order to obtain building
and grading permits.
D.
Amount
of Development Fees.
1.
The
amount of any particular fees to be paid at the time of issuance of
building permit(s) shall be as specified by resolution of the city
council and in effect at the time of issuance of such permit(s).
2.
No
new type of fee(s) shall be added at the building permit stage, except
as may be required for reasons of health or safety or to comply with
state or federal law.
(Prior code § 9507.050)
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. However, if 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 city ordinances, policies, and standards
in effect at the time the vesting tentative map is approved or conditionally
approved.
B.
Notwithstanding subsection A of this section, a permit, approval, extension, or entitlement may be made conditional or denied if a failure to condition or deny a vesting tentative map would place the residents of the subdivision, or the immediate community, or both, in a condition dangerous to their health, or safety, or both.
(Prior code § 9507.060)
The rights conferred by an approved or conditionally approved
vesting tentative map (as provided by Chapter 4.5 commencing with
Section 66498.1 of the Subdivision Map Act) shall commence with recordation
of the approved final map and shall last for an initial term of one
year from date of recordation. 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.
(Prior code § 9507.070)
A.
Subject
to compliance with all procedures and requirements for the granting
of an extension of time as set forth in Section 17.16.090 et seq.,
of the Upland Municipal Code, an extension or extensions of time not
to exceed an aggregate period of one additional year from the initial
term for approval or conditional approval of a tentative or final
map may be granted.
B.
Further
provided that:
1.
The
initial time period set forth in this section shall be automatically
extended by any time used for processing a complete application for
a grading permit, if such processing exceeds 30 days from the date
a complete application is filed.
2.
A
subdivider may apply for a one-year extension at any time before the
initial time period set forth in this section expires. If the extension
is denied, the subdivider may appeal that denial to the city council
within 15 days.
3.
If
the subdivider submits a complete application for a building permit
during the periods of time specified in this section, the rights referred
to herein shall continue until the expiration of that permit, or any
extension of that permit.
4.
Any
permittee holding an unexpired building permit may apply for an extension
of the time within which he may commence work under that permit when
he or she is unable to commence work within the time required by this
section for good and satisfactory reasons. The building official may
extend the time for action by the permittee for a period not exceeding
180 days upon written request by the permittee showing that circumstances
beyond the control of the permittee have prevented action from being
taken.
C.
Any
such request for extension of time shall be in accordance with all
appropriate provisions of the Uniform Building Code as adopted by
the city and in effect at such time as the request for extension is
made.
(Prior code § 9507.080)
A.
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 the subdivision ordinance for
the expiration of the approval or conditional approval of a tentative
map.
B.
The
expiration of the approved or conditionally approved vested tentative
map shall terminate all proceedings, and no final map or parcel map
of all or any portion of the real property included within the tentative
map shall be filed with the city council without first processing
a new tentative map in compliance with all procedures and requirements
therefor.
(Prior code § 9507.090)
