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Ordinance 1347• a~rrc~ ND. 134 AN OF THE QTY OGfJNQL OF THE CITY OF QJPF17~Ir10 ESTAffiSSHING REQJIATIONS FOR VFS`~aJG TFNl'ATIVE MAPS FOR. RESIDEKPIAL SUBDIVISIONS AND DDCCARIIJG THE URGENCY THERDOF The City Council of the City of Cupertim does ordain as follows: A~ICIE 1. GEtJEl2AL PR[NISIONS Section l-~ • Citation a*+~ a„t-,.,,-1f1, This Ozdinanoe is enacted puzsuant to the autharity granted by Chapter 4.5 (oQ~1Ci17g with SeCtiCli 66496.1} oP Division 2 of Title 7 of the C,cnnarnment Code of the State of California (hereinafter referred to as the vesting Tentative Map Statute), anti may be cited as the Vesti:g Tentative Map OLdinance. Section ~ -2 • Purpose a*+~ rnta.,h It is the purpose of this OYdinarre to establish procedures necessary far the iaq~lementation of the Vesting Tentative Map Statute, and to supplement the provisio¢:s of the Subdivision Map Act and the Subdivision Ordinarne. FSaoept as otherwise set forth in the provisions of this Ozdinanoe, the provisions of Title 18 of the Municipal Cade shall apply to the Vesting Tentative Map Ordinance. sec. on 1-3 • oor,sistezx.•v xo land shall be subdivided a~ developed puzsuant to a vesting tentative map far any purpose which is inooaLyistent with the General Plan atri any applicable specific plan ar mt permitted by the Zoning Otdinz+noe ar other applicable provisions of the Municipal Code. Section 1-4• Definitions (a) A '"vesting tentative maps shall mean a "tentative maps far a residential subdivision, as defined in Title 18 of the Municipal Oxle, that shall have printed conspicx~a:sly cup its face the words "Vesting Tentative Map" at the tams it is filed in aooordance with Section 2-1, and is thereafter provassed in aooordanoe with the provisions hereof. (b) All other definitions set Earth in Title 18 of the Municipal Uode are applicable. Section i-5• Anolication (a) whenever a provision ofof the sub ivisi as i~lemented and supplemented by Title 18 oP the Municipal Code, requires the filing of a tentative map ar tentative parcel map far a accordance with tha ~~ tentative map may instead be , 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 ba a prerequisite to any approval for any proposed subdivision, permit Par construction, ar wank preparatory to oanstrtbction. Section 2-1• Filia r~~ jgcf A .vesting tentative map shall be filed in the same farm and have the same contents, aooc~anying data arri reports and shall be prrooessed in the saws manner as set forth in Title 18 oP the Municipal Code far a tentative map e~aoept as hereinafter provided: (a) At the time a vesting tentative map is filed it shall have printed ccs~spicuously on its face the words "Vesting Tentative Z'gP" (b) A oonoeptual. zoning plan must be adopted and in effect and a use permit must be approved and in force prior to the Filing of a vesting tentative map Par property located in a Planned Development zone. (c) A development zoniix~ plan ar oonoeptual zaa~ing plan must be adopted and in effect prior to the filing of a vested tentative map far property located in a residential cluster zoa~e ar multiple family residential zone. (d) At the time a vesting tentative map is filed, a subdivider. shall also file these other applications, complete with required fees, plans, and other doclaoentatian that would otherwise be required far the recordation of a final map and iscuanoe of building permits. • Section 2-2• Fees (a) Upon riling a vesting tentative map, the subdivider shall pay the fees required by Title 18 of tha t~3micipal code far the lilirg arxi processing of a tentative map. LA11ess othetiwise stated in Title 18 of tha 14unicipal Cade and established fee schedules, the amount of the fee shall be determined at the time the final map is authorized by City Owncil far recordatica-. Section 2-3• ~roiration The approval ar oonditianal approval of a Vesting tentative map shall expire at the end of the setae time period, and shall be subject to the same extensions, established by Title 18 of the Mtmicipal Oode Par the expiration of the approval ar oonditiw~al approval of a tentative map. Section 3-1: Vestirw on Anaroval of v~~ R1~tarivra ~ (a) use approval ar oonditiana7. approval of a Vesting tentative map shall confer a vested right to proceed with development in substantial ocmplianoe with the orslinanoes, policies, ant standards described in Goverrm~ent Oode Section 66474.2. However, if Section 66474.2 of the Government Oode is repealed, the approval ar crorxiitianal approval of a Vesting Tentative Map shall confer a vested right to proceed with development in substantial ~lianoa with the Orziinanoe, policies, and standards in effect at the time the vesting tentative map is appoaoved ar conditionally approved. (b) Notwithstanding subdivision (a), a permit, approval, extension, ar entitlement may be made conditional ar denied iE any of the following are determined: (1) A failure to do so would place tha residence of the subdivision ar the imtaediate oarmomity, or both, in a condition dangexnus to their health ar safety, ar both. (2) Tile oonlttion ar denial is required, in order to oa~ly with state ar federal law. • (c) ~e rights referred to herein shall expire if a final map is not app~.~ed prior to the expiration of the vesting tentative map as prwidenl in Section 2-3. If the final map is approved, these rights shall last far the following periods of time: (i) An insitial time period of oa~e (1) year. Wham several final maps are recorded on various phases of a by a single vesting tentative map, this irs~al time period shall begin far each phase when the Pinal map far that phase is reooitled. (2) 2tLe initial time period set forth in (c) (1) shall be autaaatically e~ttended by any time uses for processing a complete application for a grading permit ar far desic,~ ar architecttual review, if such processing exceeds 30 days, frcm the date a ccuplete application is Piled. (3) A subdivider may apply far a one~year extension at any time before the initial ti~m period set forth in (c)(1) expires. If the extension is denied, the subdivider may appeal that denial to (the legislative body) within fifteen (15) days. (4) If the subdivider sutaaits a complete application far a building permit during the periods of time specified in subdivisions (1) - (3), the rights referred to herein shall continue until the expiration of that permit, ar any extension of that permit. Secticn 3-2• Anolications Inoonsi_~p*+t math n„-„o„r sx,1 i~i~g Notwithstanding any provisicn of this ozdinaire, a property owner ar his or her designee may seek approvals ar permits far developmennt which depart frrnt the ardinanoes, policies, and standazds described in Section 3-1(a) and 3-2, and local agencies may grant these appmoval or issue these permits to the extent that the departtu+es are autharized under applicable law. Section 4.1• Statement of tJruP..ncv 4he oauticil hereby finds, determines, affi declares that this ordinance is an urgency measuz+a neoessazy for the imnediats presentation of the public health, safety, a~ welfare and shall go unto effect immediately upon adoption. Affi'IQE 5. EFFDCPIVE DATE Ztia effective date of this Ordinaries is January 6, 1986. INI1 AND ~'ID at a z+egular meeting of the City OOlu1Ci1 of the City of Cupertino an this 6th day of Jarwary 1986, by the following votes Y~ Me~beta of the City Oamcil AYES: Gatto, Johtiean, Plur>3Y, Sparks, NOFS: Nye ABSfNP: Narie ABSPAIId: None APF+PL7VID: MaYt~ City of ATPFST: ,~~ , ~~~~~ ty Clerk VF5'ID(S-2)