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ORDINANCE NO. NC-620
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
18.30 TO THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR VESTING
OF TENTATIVE MAPS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS;
SECTION 1. Chapter 18.30 is added to the San Bernardino
Municipal Code to read:
.Chapter 18.30
VESTING TENTATIVE MAPS
18.30.010 Citation and authority.
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 California Government Code (hereinafter referred
to as the Vesting Tentative Map Statute), and may be cited as the
Vesting Tentative Map Ordinance.
18.30.020 Purpose and intent.
It is the purpose of this chapter to establish procedures
for the implementation of the Vesting Tentative Map Statute, and
to supplement the provisions of the Subdivision Map Act and the
Subdivision Ordinance, set forth as Title 18 of this code.
21 Except as otherwise set forth in this chapter, the provisions of
22 the Subdivision Ordinance shall apply to the Vesting Tentative
23 Map Ordinance.
24 The regulations outlined in this chapter are necessary for
25 the preservation of the public health, safety and general
26 welfare, and for the promotion of orderly growth and development.
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18.30.030 Consistency.
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1 No land shall be subdivided and developed pursuant to a
2 vesting tentative map for any purpose which is inconsistent with
3 the ~eneral Plan, any applicable specific plan of which is not
4 permitted by the zoning ordinance or other applicable provisions
5 of the Municipal Code.
6 18.30.040 Definitions.
7 A. A 'vesting tentative map' shall mean a 'tentative map'.
8 Such map shall have printed conspicuously on its face the words
9 'Vesting Tentative Map' at the time it is filed in accordance
10 with Sections 18.20.010 and 18.30.060, and shall thereafter be
11 processed in accordance with the provisions hereof.
12 B. All definitions used in this chapter shall have the
13 same meaning as when otherwise used in Title 18 of this Code.
14 18.30.050 Application.
15 A. Whenever a provision of the Subdivision Map Act, as
16 implemented and supplemented by Title 18, requires the filing of
17 a tentative map or tentative parcel map, a vesting tentative map
18 may instead be filed, in accordance with the provisions of this
19 chapter.
20 B. If a subdivider does not seek the rights conferred by
21 the Vesting Tentative Map Statute, the filing of a vesting
22 tentative map shall not be a prerequisite to any approval for any
23 proposed subdivision, permit for construction, or work
24 preparatory to construction.
25 18.30.060 Filing and processing.
26 A vesting tentative map shall be filed in the same form and
27 have the same contents, accompanying data and reports and shall
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1 be processed in the same manner as set forth in Title 18 for a
2 tentative map except as hereinafter provided:
3 A. At the time a vesting tentative map is filed it shall
4 have printed conspicuously on its face the words 'Vesting
5 Tentative Map I.
6 B. At the time a vesting tentative map is filed, a
7 subdivider shall file detailed development plans, which plans
8 shall include, but not be limited to, the following:
9 1. Height, size, and location of existing and
10 proposed buildings;
11 2. Sewer, water, storm drain and road details;
12 3. Information on the uses to which the buildings
13 will be put;
14 4.
15 5.
16 6.
17 7.
Detailed grading plans;
Geological studies;
Flood control information;
Architectural plans;
18 8. Any other studies the City has normally
19 deferred to the building permit stage.
20 18.30.070 Fees.
21 Upon filing a vesting tentative map, the subdivider shall
22 pay the fees required by resolution of the Mayor and Common
23 Council for the filing and processing of a tentative map.
24 18.30.080 Expiration.
25 The approval or conditional approval of a vesting tentative
26 map shall expire at the end of the same time period, and shall be
27 subject to the same extensions, established by Chapter 18.24, for
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1 the expiration of the approval or conditional approval of a
2 tentative map.
3 18.30.090 Vesting on approval of vesting tentative map.
4 A. The approval or conditional approval of a vesting
5 tentative map shall confer a vested right to proceed with
6 development in substantial compliance with the ordinances,
7 policies, and standards set forth in California Government Code
8 Section 66474.2
9 B. Notwithstanding subsection A above, a permit, approval,
10 extension, or entitlement may be made conditional or denied if
11 findings are made as follows:
12 1. A failure to condition or deny such permit,
13 approval, extension or entitlement would place the residents of
14 the subdivision or the immediate community, or both, in a
15 condition dangerous to their health or safety, or both.
16 2. The condition or denial is required in order to
17 comply with state or federal law.
18 C. The rights referred to herein shall expire if a final
19 map is not approved prior to the expiration of the vesting
20 tentative map as provided in Chapter 18.24. If the final map is
21 approved, these rights shall last for the following periods of
22 time beginning with the date the final map is recorded:
23 1. An initial time period of one year and one day.
24 Where several maps are recorded on various phases of a project
25 covered by a single vesting tentative map, this initial time
26 period shall begin for each phase when the final map for that
27 phase is recorded.
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1 2. The initial time period set forth in paragraph 1
2 above shall be automatically extended for any time used for
3 processing a complete application for a grading permit or for
4 design or architectural review, if such processing exceeds thirty
5 days, from the date of a complete application.
6 3. A subdivider may apply for a one-year extension
7 at any time before the initial time period set forth in paragraph
8 1 above expires. If the extension is denied, the subdivider may
9 appeal that denial to the Mayor and Common Council pursuant to
10 the provisions of Chapter 18.78, within fifteen days of date of
11 mailing of notice of such denial.
12 4. If the subdivider submits a complete application
13 for a building permit during the periods of time specified in
14 paragraphs 1 through 3 above, the rights referred to herein shall
15 continue until the expiration of that permit, or any extension of
16 that permit.
17 18.30.100 Development inconsistent with zoning -
18 Conditional approval.
19 A. Whenever a subdivider files a vesting tentative map for
20 a subdivision whose intended development is inconsistent with the
21 zoning ordinance in existence at that time, that inconsistency
22 shall be noted on the map. The City may deny such a vesting
23 tentative map or approve it conditioned on the subdivider, or his
24 designee, obtaining the necessary change in the zoning ordinance
25 to eliminate the inconsistency. If the change in the zoning
26 ordinance is obtained, the approved or conditionally approved
27 vesting tentative map shall, notwithstanding Section 18.30.090
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1 Subsection A, confer the vested right to proceed with the
2 development in substantial compliance with the change in the
3 zoning ordinance and the map, as approved.
4 B. The rights conferred by this section shall be for the
5 time periods set forth in Section 18.30.090 Subsection C.
6 18.30.110 Applications inconsistent with current policies.
7 Notwithstanding any provision of this chapter, a property
8 owner, or his designee, may seek approvals or permits for
9 development which depart from the ordinances, policies, and
10 standards described in Sections 18.30.090 Subsection A and
11 18.30.100, and local agencies may grant these approvals or issue
12 these permits to the extent that the departures are authorized
13 under applicable law.
14 18.30.120 Summary of time limits.
15 The following is a list of time limits affecting the rights
16 established under a vesting tentative map. This is a summary for
17 information purposes only. The actual language of the pertinent
18 section must be referenced before an application of the time
19 limits is made. All sections referred to herein are to sections
20 of the San Bernardino Municipal Code.
21 A. Section 18.24.010 - Within twenty-four months of the
22 date of approval or conditional approval of a tentative map,
23 final map to be filed. Extension of time may be granted by the
24 Commission pursuant to Section 18.24.030.
25 B. Section 18.24.030 - The Commission may grant an
26 extension of time up to but not exceeding thirty-six months
27 beyond the twenty-four months allowed for recording a final map.
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1 C. Section 18.30.090 Subsection C Paragraph 1 - Rights
2 established under a vesting tentative map continue for one year
3 and one day following approval of the final map.
4 1. Phased maps - Where several maps are recorded on
5 various phases of a project covered by a single vesting tentative
6 map, the initial time period shall begin for each phase when the
7 final map for that phase is recorded.
8 2. Automatic extension - The initial time period
9 shall be automatically extended by any time used for processing a
10 complete application for a grading permit or for design or
11 architectural review, if such processing exceeds thirty days from
12 the date a complete application is filed.
13 D. Section 18.30.090 Subsection C Paragraph 3 - A
14 subdivider may apply for a one-year extension at any time before
15 the initial time period set forth in Section 18.30.090 Subsection
16 C Paragraph 1 expires.
17 E. Section 18.30.090 Subsection C Paragraph 4 - If the
18 subdivider submits a complete application for a building permit
19 during the periods of time specified in Section 18.30.090
20 Subsection C Paragraphs 1-3, the rights referred to herein shall
21 continue until the expiration of that permit. "
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1 I HEREBY CERTIFY that the foregoing ordinance was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a
4 the 7 day of
5 vote, to wit:
6 AYES:
7
Regular
meeting thereof, held on
Harch
, 1988, by the following
Council Members Estrada, Flores, Maudslev. Minor
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NAYS:
Council Members:
Miller
ABSENT:
Council Members:
Reilly, Pope-Ludlam
.~t7/2///7.~AG1e3'/
. City Clerk
The foregoing ordinance is hereby approved this piL day
13 of
c.(}, .-i
Itt,c
, 1988.
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L/7 '[ C /(.,,~./.-/ /LCc /1/
Mayor of the City of San Be{nardino
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Approved as to form
17 and legal content:
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