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Home My WebLink AboutORD 058 1985 1202ORDINANCE NO. 58 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, ADDING ARTICLE 3.1 TO CHAPTER 2, - -- DIVISION 8 OF THE VENTURA COUNTY CODE, AS ADOPTED BY THE CITY OF MOORPARK, BY ORDINANCE NO. 6, ON SEPTEMBER 21, 1983, RELATIVE TO PROVISIONS FOR "VESTING TENTATIVE MAPS" , AND DECLARING THE URGENCY THEREOF. THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The Subdivision Map Act, Sections 66498.1 through 66498.8 of the Government Code of the State of California, establishes a new form of tentative map for subdivisions in California - the "Vesting Tentative Map ", and requires that cities adopt procedures for implementation of said provisions by January 1, 1986. The City of Moorpark has received an application for a "Vesting Tentative Map" which requires processing, and in order for. the City to have the required procedures adopted and effective by January 1, 1986, it is necessary that they be adopted by urgency measure. SECTION 2. That Article 3.1 is hereby added to Chapter 2 of Division 8 of the Ventura County Code, as adopted by the City of Moorpark, by Ordinance No. 6, on September 21, 1983, to read as follows: "ARTICLE 3.1 - VESTING TENTATIVE MAPS "Section 8214 - PURPOSE AND INTENT. The purpose of this Article is to establish procedures for the implementation of the vesting tentative map statute. Any person requesting approval of a vesting tentative map pursuant to the provisions of the Subdivision Map Act shall comply with and be subject to the applicable provisions of the Subdivision Map Act and this chapter as it specifically applies to tentative maps, and shall also comply with and be subject to the additional provisions of this article. At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map". "Section 8215 - ADDITIONAL SUBMITTALS FOR VESTING TENTATIVE MAPS In residential zones other than RPD, additional submittals similar to those required in the RPD zone may be required, depending upon the size, location, terrain, and other factors as determined by the Director of Community Development. The application shall not be deemed complete until all such submittals have been received. The submittals may be any or all of those listed below: an "(a) Grading plans; (b) Traffic analysis; (c) Height, size and location of buildings; (d) Architectural plans; (e) Landscape treatment; (f) Tree analysis; and (g) Percolation tests . "Section 8216 - DEVELOPMENT RIGHTS CONFERRED "(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 as described in Government Code Section 66474.2, or if that section is repealed, as described in Section 66498.1(b) . "(b) An approved or conditionally approved vesting tentative map shall not limit the city from imposing reasonable conditions in required approvals or permits necessary for the development. "Section 8217 - AMENDMENTS TO VESTING TENTATIVE MAPS - After approval or conditional approval of a vesting tentative map, amendments can be made only by following procedures for the original approval or conditional approval. Approvals or permits which depart from the vesting tentative map may only be granted based upon an amendment to the vesting tentative map, as approved by the City Council. No amendments shall be granted so as to modify or delete any public improvements and site development requirements and conditions approved in the first instance, including, but not limited to grading, drainage facilities and structures. This section shall not be construed to prevent the city from denying or placing any conditions upon approval of a final map pursuant to Government Code Section 66498.1(c) . "Section 8218 - EXPIRATION OF APPROVAL AND INITIAL TIME PERIOD OF VESTED RIGHTS "(a) The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period established by this Chapter for the expiration of the approval or conditional approval of a tentative map, including opportunities for extensions. "(b) The rights conferred by a vesting tentative map shall last for an initial time period of one year beyond the recordation of the final map. Developers may apply for a one year extension of this initial period, as set forth in subsection (d) . Where several final maps are recorded in 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. "(c) The initial time period set forth in subsection (b) 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 pro- cessing exceeds 30 days, from the date a complete application is filed. -2- "(d) A subdivider may apply to the City Council for a maximum one -year extension at any time before the initial time period set forth in (c) (1) expires. "Section 8219 - FEES "(a) The applicable fees associated with a development and a vesting tentative map therefor shall be paid at the rate governing at the time the various applications, filings, plan checks and permits are made. "(b) In addition to any other fees associated with a development, there shall be paid to the city a fee as established from time to time by resolution of the City Counci, to reimburse the city for the filing and processing of a vesting tentative map application." SECTION 3. This ordinance is an urgency ordinance for the immediate preservation of the public peace, health and safety, is passed by at least a four - fifths vote of the City Council, and shall take effect immediately upon its adoption. The facts constituting its urgency are as set forth in Section 1 of this ordinance. SECTION 3. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the, same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark News, a weekly newspaper of general circulation, as defined i Section 6008 of the government Code, for the City of Moorpark, and which is hereby designated for that purpose. ATTEST: - PASSED AND ADOPTED this 2nd day of December, 1985. K VA WE 7 Meyor of the City of Moorpark, California -3- STATE OF CALIFORNIA COUNTY OF VENTURA CITY OF MOORPARK I, DORIS D. BANKUS , City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Ordinance No. 58 was adopted by the City Council of the City of Moorpark, as an urgency ordinance, at a regular meeting held on the 2nd day of December 19 85 , by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Ferguson, Prieto, Woolard and Mayor Weak; NOES: None; ABSENT: None. WITNESS my hand and the official seal of said City this 2nd day of December 19 85 FA FeReaw" City Clerk STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, DORIS D. BANKUS , City Clerk of the City of Moorpark,, California, do hereby certify that the foregoing Ordinance No. 58 was adopted by the City Council of the City of Moorpark as an urgency ordinance, at its regular meeting held on the 2nd day of December , 19 85 , and that thereafter said Ordinance No. 58 was re- adopted by the City Council at its regular meeting held on the 16th day of December 19 58, by the following vote: AYES: Councilmembers Prieto, Ferguson, Woolard, Yancy- Sutton and Mayor Weak; NOES: None; ABSENT: None. WITNESS MY HAND and the official seal of said City this 16th day of November 19 85 City Clerk Proof of Publication '" the mrttw of f ictitious Business Warm. 5faterner t NO STATE OF CALIFORNIA. d� CoUsI1v Jf VOI.tr,r:: City of Roorpark am a citizen of the United State. and a resident of the ounty aforesaid, I am over the :age of eighteen years, ar.d ncil a party to or inlereslru a the above, entitled matter. i am the principal clerk of The Moorpark News a newspaper of general circulation pubhsned in the city of Moorpark. County of Ventura, and which iew: ,paper has been adjudged a newspaper of general , r i,iation by hn Supennr Court of the Count) )! /(•ntura State of �,+ni, a, �fndc• .nr ,:a'r. Agri: ,�7. t ?f•. Case number SP49672, that the ):)tic( ,, .,dw n the at) 'exed -s a pnnled copy _set in tylw r,r than onpare lt, has been publishes in roquia dw(] en trrr. issue of said newspaper and not . i -u -, +uplremenf ",(:n_o' in the fo;lowing (late(j . t(., r&t' ail in the year 19 -. i certify (or declare) under penalty o' pe'lirry that the foregoing is true and correct Dated at Moorpark. Cal f m a. �F!� this-_ & d&, of .•_. 19--- J�.... MOORPARK NEWJS 724D Moorpark. A,. P -(J B3 :x 7?`.; Mcofp.+fk.. CA ,131), IT'``^ •�• � tnr the County Clerks Filinn Stn—, ORDINANCE NO. b8 t AN ORDINANCE OF . THE . CITY OF MOORPARK, , CALIFORNIA. ADDING ARTICLE 8.1 TO CHAPTER 2, DIVISION 8 OF THE VENTURA COUNTY CODE, AS ADOPTED BY THE CITY OF MOORPARK, BY OR- DINANCE NO. 6, ON SEPTEMBER 21,1983, RELATIVE TO PROVISIONS FOR "VESTING TENTATIVE MAPS ", AND DECLARING THE URGENCY THEREOF.. THE CITY COUNCIL -OF THE' CITY OF MOORPARK, CALIFORNIA; DOESl04DAINAS FOLLOWS: SECTION L; The Subdivision Map Act, Sections 66498.1 through 66498.8 of the Government Code of the State of California, establisheit a iiew form of tentative map Tor sub - divisions in California, -,the, "Vesting TentativaMap", and requires that cities adopt. procedures for .implementation of said provisions! by Januaa 1. 1986. The City of Moorpark has received an application for a 1'Vesting Tentative Map which requires p mg, and . in order for the. City.. to have the. required procedures adopteed and effective by January 1, 1986. 1, it is necessary that they be adopted by urgency measure. SECTION 2. That Article 3.1 is hereby added to Chapter 2 of'I Division 8 of the Ventura County Code, as adopted by the City of Moorpark, by Ordinance No. 6, on September 21, 1983, to read as follows: "ARTICLE 8.1- VESTING TENTATIVE MAPS .'Section 8214 - PURPOSE AND INTENT. The purpose of this Article is to establish procedures for the implementation of the vesting tentative map statute. Any person requesting approval of a vesting tentative map 4 aura ant to the provisionh of the Subdivision Map Act and 1 `this uchapter as it specifically applies to tentative maps, and shall. also comjply with the be subject to the additional provsions of this article. At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map ". "Section 8215 - ADDITIONAL SUBMITTALS FOR VESTING TENTATIVE MAPS - In residential zones other that RPD, additional submittals similar to those required in the RPD zone may be required, depending upon the size, location, terrain, and otherfactors as determined by the Direc- -^COr of Community Development. The apppplication shall not be deemed complete until all such aubmittals have beenreeeived., The submittals may be any or all of those listed below: "(a) Grading plans; (b) Traffic analysis; (c) Height, size and location of buildings; (d) Architectural plans; (e) Landsca treatment; M Tree analyspe is; and (g) Percolation tests. Section 8216 - DEVELOPMENT RIGHTS CONFERRED "(a) The approval or conditional approval of a vesting ten- . tative map shall confer 'a" viested right' to proceed .with development in substantial compliance with the. ordinances, policies and standards as described in Government Code Sec - tnio 66474.2, or if that section is repealed, as described in Sec- tion 66498.1(b). "(b) An approved or donditionally approved vesting ten- tative map shall not limit the city from imposing reasonable _onditions in required approvals or permits necessary for the development. . "Section 8217 - AMENDMENTS TO VESTING TEN- TATIVE MAPS - After approval or conditional approval of a vesting tentative map, amendments can be made only by following proceaures. for the original approval or conditional approval. Approvals or permits which depart from the vesting .1 tentative map may only be granted based upon an amendment; to the vesting tentative map, as approved by the City Council. No amendments shall begranted so as to modify_ or delete any p�uublic improvements and site development requirements and —Eonditions approved in the first instance, including, but not limited to grading, drainage facilities and structures. This sec- tion shall not be construed to prevent the city from denying or placing any conditions upon approval of a final map pursuant to Government Code Section 66498.1(c). "Section 8218 - EXPIRATION OF APPROVAL AND INITIAL TIME PERIOD OF VESTED RIGHTS "M The approval or conditional approval. Approvals or per- i mits which depart from the vesting tentative map may only be --granted based upon an amendment to the vesting tentative map, as approved by the City Council No amendments shall be granted so as to modify or delete any paublic improvements and site development requirements and conditions approved in Proof of Publication in the malt(,, r)f Fictl timL, fiuc;lness Name: Statement Nt. STA'1 F OF CALIFORNIA, County of 'ientura City of %.orpark I am a .rtrzen of the United States and a reside) : .,f 0— County ilcresa;r. I am over the age of eightee peal , and nol a warty to or interested in the abOv(,;•'.tlltofl matter : am the principal clerk of The MuorparH Newti a newspapr•: ,;t general circulation publisned in 0w city of Moorpark. County of Ventura. and whir.!! nwspaper has beer: adludgrrrd a newspaper of genera; ciicu :a' or, by h,, Superior (�o-,rt o' the County of !enter" ju(r:rnlr, ,ndi r the ilate of Apo 27, 1981 Case numtwi SP49672. that the notice ji wrw r thr a•, hexed 1° d Printec copy (set rn Iyo(a ':G: ;^ d �!i lean nonpareil). has been published In eac' euulaf .an:; lire Issue „t said newspaper and no? n, ar�v Ihereut or !:la• tolicwing dates. l,: .v!'. all in the year 19 I certify (or declare) under penalty of perdury tnat ,r,rs foregoing is true and correct Dated at Moorpark. California this_ .. .. - •'4y of MOORPARK N1 V. ", 724D Moorparr: Av• P O Box 775 ;r; ark CA (13;'2' :he first � drainage in � chid i% but not jim4_ . construed to litW t tb strumu as net . ditions upon approval of Min! mmap�puI ito G o0n- CodeSection 56498.1(c). overnmmt "Section 8218 '-EXPIRATION OF APPROVAL, AND -- INITIAL TIME PERIOD OF VESTED RIGHTS "(a) The approval . conditional ap roval of tat bl map shall exppire at the end op a Pintin ten - established by this Cha ter for f °8 Period or conditional approval of a the expiration of the p oiod tuaities for extension$. tentative map, including oppor- " (b) The rights conf last for an initial t by a vesting Period of one tentative map eh� dation of the final map. Deve! y�'�Yood extension of this ini opera y appin gone year ,3Vhere several Peaod, as set ' foit6 -'- bbetion (d). Pro)ect covered b are- recorded fn vaiioue phases of ). tune Period shall$1O vesting tentstiw. map. this: initial that phase is recorded. for each phase wl>eh the final map for comple Beall extended b set forth in aubsec ' a be y r10A date tw�al rev ew if such$ gr�� permit or for-- or ar mplete aPPlicatioa its filed. �Ys. m the "(d) A subdivider may apply to the Cit Council .far a period w set One-year orrtth in (e: )ten expires. any time befo e. the initial time ..Section 8219 - FEES "(a) The a PPive Imp fee$ associated 121111W at �t� thevarious Shall bs paaid ate tthirate wrier And permits are made - d�nsy fang$: plan' =er, qq��ee"(b) In addition to an other tlrne toteresbhall be Paid to e city a as esttaabl a develop pity for the f resolution of the City Councr�, to blisbed from application." snd Processing of a vesting teheeaehP SECTION 3. This ordinance is unmediate Preservation of the nbliccY °fiance for the ehall� take y at .sst a fourfifths vote d aafety, s ntcee. its urgear are as set forthan ttiOntyhe �con- i be h oa 1 of.this or, SECTION 3. The City Clerk $hell adoption of this o Y to the passage and Original ordinances �an08' shall enter the Samosa the -•1essage and a n said thereoCur, all.make a minute�thef oft shaky Council at which the 1°D01'ds of the procee�lin� and shall, within fifteen (16) days�afte is Passed � adopted; Pion thereof, cause the earns to be published onscesa s an Moor Park News, a week) P- Moo m Section 8008 of the wspaperet Onm$n general circulation, as rpark. and which is hereby designated for C �thatOr the City of PASSED AND ADOPTED this 2nd day of Purpose. December.1985 ATTEST. Mayor of the City of Illoorpa* � � Doris B ornia City Clerk u$ (SEAL) Publish: December 11,1986 STATE OF CALIFORNIA CITY OF MOORPATRUKRA ) es I. DORIS D. BANKUS City 5�8 w e ad' do herby °ettifY that � fo � City of Moorpark, an urgency opted by the City Council of this rng Ordmanee No. of mer. Irdm986� at a regular meeting �, °a Moorpark, as AYES: Coup • the 2nd day Woolard and May�>yy� Yancy- Sutton, Ferguson Prieto, NOES: None; ABSENT. None. WITNESS InY hand and the �y of December., 1986. official seal Of said City this 2nd , Doris D ark Is `j Publish, DecSarbal, 11,1 Wit 986 (SEAL)