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ORDINANCE NO. 1830
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, ADDING AND AMENDING SECTIONS OF THE ARCADIA
MUNICIPAL CODE MAKING PROVISIONS FOR VESTING TENTATIVE
MAPS AND VESTING TENTATIVE PARCEL MAPS
WHEREAS, a text amendment was initiated by the City for the
consideration of adding and amending Sections of the Arcadia Municipal
Code making provisions for Vesting Tentative Maps and Vesting Tentative
Parcel Maps as required by State Statutes, and
WHEREAS, a Public Hearing was held on January 14, 1986 before the
Planning Commission at which time all interested persons were given full
opportunity to be heard, and to present evidence, and
WHEREAS, the Planning Commission of the City of Arcadia
recommended subject amendment to the City Council, and
WHEREAS, the City Council conducted a Public Hearing concerning
this proposal on February 4, 1986 and approved the amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 9112.47 of the Arcadia Municipal Code is
amended to read as follows:
"9112.47. TENTATIVE MAP. T t t' M f d f
en a lve ap re ers to a map ma e or
the purpose of showing the design and improvement of a proposed division
of land, into five (5) or more parcels, and the existing conditions in
and around it and need not be based upon an accurate or detailed final
survey of the property."
SECTION 2. Section 9112.48 of the Arcadia Municipal Code is
amended to read as follows:
"9112.48. TENTATIVE PARCEL MAP. Tentative Parcel refers to a map
made for the purpose of showing the design and improvement of a proposed
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division of land, into four (4) or less parcels, and the existing
conditions in and around it and need not be based upon an accurate or
detailed final survey of the property.
SECTION 3. Section 9112.49 of the Arcadia Municipal Code is added
to read as follows:
"9112.49. VESTING TENTATIVE MAP. Vesting Tentative Map refers to
a map, for a residential subdivision, which meets the requirements of
Section 9112.47 of this Code and Section 66452 of the Government Code."
SECTION 4. Section 9112.50 of the Arcadia Municipal Code is added
to read as follows:
"9112.50. VESTING TENTATIVE PARCEL MAP. Vesting Tentative Parcel
Map refers to a map, for a residential subdivision, which meets the
requirements of Section 9112.48 of this Code and Section 66452 of the
Government Code."
SECTION 5 Section 9115.1 (a) of the Arcadia Municipal Code is
amended to read as follows:
"9115.l.(a) A Tentative Map or Vesting Tentative Map shall be
prepared and processed in accordance with this Chapter for all proposed
divisions of land resulting in 5 or more parcels,S or more co-operative
multiple building units or parcels."
SECTION 6. Section 9115.2 (f) of the Arcadia Municipal Code is
added to read as follows:
"9115.2. (f) . At the time a Vesting Tentative Map is filed it
shall have printed conspicuously on its face the words "Vesting
Tentative Map."
SECTION 7. Section 9115.3. of the Arcadia Municipal Code is
amended to read as follows:
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"9115.3. FILING FEE. Before accepting any application for a
Tentative Map or a Vesting Tentative Map, the City shall charge and
collect a fee which shall be paid in an amount established by resolution
of the City Council."
SECTION 8. Section 9115.11. of the Arcadia Municipal Code is
amended to read as follows:
"9115.11. EXPIRATION. An approved or conditionally approved
Tentative Map or Vesting Tentative Map shall expire 24 months after its
approval or conditional approval. The expiration of the Tentative Map
or Vesting Tentative Map shall terminate all proceedings and no Final
Map of all or any portion of the real property included within such
Tentative Map or Vesting Tentative Map shall be filed without first
processing a new Tentative Map or Vesting Tentative Map.
SECTION 9. Section 9115.12. of the Arcadia Municipal Code is
amended to read as follows:
"9115.12. EXTENSION
(a) Upon application of the subdivider, filed prior to the
expiration of the approved or conditionally approved Tentative Map or
Vesting Tentative Map, the time at which such map expires may be
extended by the City Council for a period not exceeding 12 months beyond
the initial expiration day.
(b) Before accepting for filing an application for an extension
of a Tentative Map or a Vesting Tentative Map, the City shall charge and
collect a fee which shall be paid in an amount established by resolution
of the City Council.
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SECTION 10 Section 9115.15. of the Arcadia Municipal Code is
added to read as follows:
"9115.15. VESTING TENTATIVE MAP CONTENTS.
(a). At the time a Vesting Tentative Map is filed, the applicant
shall also supply the following information:
(1). Detailed grading plans
(2). Geologic/Soils studies
(3). Flood control information
(4). Sewer, water, storm drain and road details
(5). Architectural plans for all proposed buildings and
structures
(6). Information on the uses to which all buildings and
structures will be put
(b). If any of the proposed buildings and/or structures require a
Conditional Use Permit, R-M Permit, Variance, Modification or any other
discretionary permit, said permit applications shall be made prior to or
concurrent with the Vesting Tentative Map."
SECTION 11. Section 9115.16. of the Arcadia Municipal Code is
added to read as follows:
"9115.16. VESTING ON APPROVAL OF VESTING TENTATIVE MAP.
(a). The approval or conditional approval of a Vesting Tentative
Map shall confer a vested right to proceed with development in
substantial complaince 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 vest right to proceed
with development in substantial compliance with the ordinances,
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policies, and standards in effect at the time the vesting tentative map
is approved or conditionally approved.
(b). Notwithstanding subdivision (a), a permit, approval,
extension, or entitlement may be made conditional or denied if any of
the following are determined:
(1). 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.
(2). The condition or denial is required, in order to
comply with state or federal law.
(c). 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 Section 9115.11. If the final map is approved, these rights
shall last for the following periods of time:
(1). An initial time period of twelve (12) months. 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.
(2). The initial time period set forth in (c)(l) 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 thirty (30) days, from the date a complete
application is filed.
(3). A subdivider may apply for a one-year extension at any
time before the initial time period set forth in (c)(l) expires.
(4). If the subdivider submits a complete application for a
building permit during the periods of time specified in subdivisions
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(1)-(3), the rights referred to herein shall continue until the
expiration of thClt permit, or any extension of thClt permit."
SECTION 12. Section 9117.1 of the Arcadia Municipal Code is
amended to read CIS follows:
"9117.1. GENERAL. A Tentative Parcel Map or Vesting Tentative
Parcel Map shall be prepared and processed in accordance with this
Chapter for all proposed divisions of land resulting in 4 or less
parcels, 4 or less co-operative multiple building units or parcels."
SECTION 13. Section 9117.2 of the Arcadia Municipal Code is
amended to read CIS follows:
"9117.2. PLANNING COMMISSION AUTHORITY. The Planning Commission
is hereby authorized to approve, conditionally approve or deny Tentative
Parcel Maps and Vesting Tentative Parcel Maps."
SECTION 14. Section 9117.3 (f) of the Arcadia Municipal Code is
added to read as follows:
"9117.3. en At the time a Vesting Tentative Parcel Map is filed
it shall have printed conspicuously on its face the words "Vesting
Tentative Parcel Map."
SECTION 15. Section 9117.4 of the Arcadia Municipal Code is
amended to read CIS follows:
"9117.4. FILING FEE. Before accepting for filing an application
for an extension of a Tentative Parcel Map or a Vesting Tentative Parcel
Map, the City shall charge and collect a fee which shall be paid in an
amount established by resolution of the City Council.
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SECTION 16. Section 9117.11. of the Arcadia Municipal Code is
amended to read as follows:
"9117.11. EXPIRATION. An approved or conditionally approved
Tentative Parcel Map or Vesting Tentative Parcel Map shall expire 24
months after its approval or contitional approval. The expiration of
the Tentative Parcel Map or Vesting Tentative Parcel Map shall terminate
all proceedings and no Parcel Map of all or any portion of the real
property included within such Tentative Parcel Map or Vesting Tentative
Parcel Map shall be filed without first processing a new Tentative
Parcel Map or Vesting Tentative Parcel Map.
SECTION 17. Section 9117.12 of the Arcadia Municipal Code is
amended to read as follows:
"9117.12. EXTENSION
(a) Upon application of the subdivider, filed prior to the
expiration of the approved or conditionally approved Tentative Parcel
Map or Vesting Tentative Parcel Map, the time at which such map expires
may be extended by the Planning Commission for a period not exceeding 12
months beyond the initial expiration day.
(b) Before accepting for filing an application for an extension
of a Tentative Parcel Map or a Vesting Tentative Parcel Map, the City
shall charge and collect a fee which shall be paid in an amount
established by resolution of the City Council.
SECTION 18. Section 9115.15. of the Arcadia Municipal Code is
added to read as follows:
"9115.15. VESTING TENTATIVE PARCEL MAP CONTENTS.
(a). At the time a Vesting Tentative Parcel Map is filed, the
applicant shall also supply the following information:
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(1). Detailed grading plans
(2). Geologic/Soils studies
(3). Flood control information
(4). Sewer, water, storm drain and road details
(5). Architectural plans for all proposed buildings and
structures
(6). Information on the uses to which all buildings and
structures will be put
(b). If any of the proposed buildings and/or structures require a
Conditional Use Permit, R-M Permit, Variance, Modification or any other
discretionary permit, said permit applications shall be made prior to or
concurrent with the Vesting Tentative Parcel Map."
SECTION 19. Section 9115.16. of the Arcadia Municipal Code is
added to read as follows:
"9115.16. VESTING ON APPROVAL OF VESTING TENTATIVE PARCEL MAP.
(a). The approval or conditional approval of a Vesting Tentative
Parcel Map shall confer a vested right to proceed with development in
substantial complaince 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 Parcel Map shall confer a vest right to
proceed with development in substantial compliance with the ordinances,
policies, and standards in effect at the time the vesting tentative
parcel map is approved or conditionally approved.
(b). Notwithstanding subdivision (a), a permit, approval,
extension, or entitlement may be made conditional or denied if any of
the following are determined:
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(1). 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.
(2). The condition or denial is required, in order to
comply with state or federal law.
(c). The rights referred to herein shall expire if a parcel map
is not approved prior to the expiration of the vesting tentative parcel
map as provided in Section 9117.11. If the parcel map is approved,
these rights shall last for the following periods of time:
(1). An initial time period of twelve (12) months.
Where several parcel maps are recorded on various phases of a project
covered by a single vesting tentative parcel map, this initial time
period shall begin for each phase when the parcel map for that phase is
recorded.
(2). The initial time period set forth in (c)(l) 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 thirty (30) days, from the date a complete
application is filed.
(3). A subdivider may apply for a one-year extension at any
time before the initial time period set forth in (c)(l) expires. If the
extension is denied, the subdivider may appeal that denial to the City
Council within 15 days.
(4). If the subdivider submits a complete application for 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, or any extension of that permit."
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SECTION 20. The City Clerk shall certify to the adoption of this
Ordinance and shall cause a copy of the same to be published in the
official newspaper of said City within fifteen (15) days after its
adoption.
Passed, approved and adopted this 4th day of March, 1986.
ATTEST:
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City Clerk of the City of Arcadia
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF ARCADIA )
I, CHRISTINE VAN MAANEN, City Clerk of the City of Arcadia, hereby
certify that the foregoing Ordinance No. 1830 was passed and adopted by
the City Council of the City of Arcadia, signed by the Mayor and
attested to by the City Clerk at a regular meeting of said Council held
on the 4th day of
March
1986, and that said Ordinance was
adopted by the following vote, to-wit:
AYES:
NOES:
ABSENT:
Councilmen Gilb, Hannah, Lojeski, Young and Pellegrino
None
None
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