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HomeMy WebLinkAboutPC Resolution 87-58RESOLUTION P.C. 87-58 l A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA 2 BEACH, CALIFORNIA, RECOMMENDING ESTABLISHING REGULATIONS FOR VESTING TENTATIVE MAPS. 3 WHEREAS, the Planning Commission held a public hearing on 4 October 6, 1987 to receive oral and written testimony on this 5 matter and made the following Findings: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. B. The State law requires that all cities have provisions for vesting tentative maps; The proposed ordinance is in compliance with State requirements; NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby recommend adoption of the following ordinance regulating vesting tentative maps: SECTION 1. Add the following section to Chapter 29.5, Article II, Subdivision.: Title: "Section 29.5-16 Vesting Tentative Map. A. Purpose. It is the purpose of thi~ ordinance 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 set forth in the provisions of this ordinance, the provisions of the Subdivision Ordinance and State Subdivision Map Act shall apply to the Vesting Tentative Map Ordinance. B. Consistency. 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 not permitted by the Zoning Ordinance or other applicable provision of the Municipal Code. C. 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 the [City] Subdivision Ordinance for a tentative map except as hereinafter provided. 1. At the time a vesting tentative map is filed, it shall have printed conspicuously -1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. on its face the words "Vesting Tentative Map". At the time a vesting tentative filed, a subdivider shall submit a applicatin as set forth by Commission resolution. map is complete Planning D. Fees. 1. Upon filing a vesting tentative map, the subdivider shall pay the fees required by the method of determining fees for the filing and processing of a tentative map. E. 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 the Subdivision Ordiance for the expiration of the approval or conditional approval of a tentative map. F. Vesting on Approval of Vesting Tentative Map. 1. 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 the State Subdivision Map Act. 2. (a) (b) Notwithstanding subdivision, a approval, extension, or entitlement made condition al or denied if any following are determined: permit, may be of the 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. The condition or denial is required, in order to comply with state of federal law. 3. 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 Subsection E. If the final map is approved, these rights shall last for the following periods of time: (a) An initial time period of one (1) year. Where several various phases single vesting -2 - final maps are recorded on of a project covered by a tentative map, this initial .. ... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 SECTION 2. time period shall begin for each phase when the final map for that phase is recorded. (b) The initial time period set forth in 3. (a) 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 20 days, from the date a complete application is filed. (c) A subdivider may apply for a one (1) year extension at any time before the initial time period set forth in 3.(a) expires. If the extension is denied, the subdivider may appeal that denial to the legislative body within 15 days. (d) If the subdivider submits a complete application for a building permit during the period of time specified in subdivisions (a)-(c), the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit." Add to Chapter 29.5, Article I, Section 29.5-01, Definitions. : 3. "Vesting Tentative Map. A map for a residential subdivision, as defined in the [City] Subdivision ordinance, that shall have printed conspicuouly on its face the words "Vesting Tentative Map: at the time it is filed in accordance with Section 29.5-16.6, and is thereafter processed in accordance with the provisions hereof." 19 VOTE: AYES: Comms.Compton,Ingell,Peirce,Rue NOES: Chmn.Sheldon 20 21 22 ABSTAIN: None ABSENT: None CERTIFICATION certify that the foregoing Resolution P.C. 87 -58 is a complete record of the act ion taken by the Planning t h City of Hermosa Beach, California at their October 6, 1987. ~ c k ..S he d ...£-,-C,::;..h-a-i-r ma n 1 2.~ub a ch ~~ ~~t? tJ/. 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