ORDINANCE 1111ORDINANCE NO. 1111
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, ADDING CHAPTER 19.08 TO TITLE 19
OF THE EL SEGUNDO MUNICIPAL CODE, ENTITLED
"VESTING TENTATIVE MAPS."
WHEREAS, California Government Code Section 66498.8
provides that a City shall adopt an enabling ordinance
establishing procedures whereby a Vesting Tentative Map may be
filed for residential and non - residential subdivisions, which
would guarantee the right to develop an approved project for a
given period of time;
WHEREAS, it is therefore necessary that the City Council
amend the Subdivision Code (Title 19) by adopting an enabling
ordinance pursuant to Government Code Section 66498.8:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Title 19, "Plat and Subdivisions," of the El
Segundo Municipal Code is amended by adding Chapter 19.08,
entitled "Vesting Tentative Maps."
SECTIONS:
19.08.010
19.08.020
19.08.030
19.08.040
19.08.050
19.08.060
19.08.070
19.08.080
19.08.090
144 11 :`!�l0:4 1,40
3
VESTING TENTATIVE MAPS
Purpose
Definitions
Applicability
Procedure
Development Rights
Effect of State and
Amendments
Federal Laws
City's Right to Condition or Deny Approval
Fees
19.08.010 PURPOSE. The purpose of this Chapter is to establish
a procedure for the approval of a tentative map that provides
certain statutorily vested rights to a subdivider under the
vesting tentative maps statute (California Government Code
66498.1 et sea.). This Chapter implements and supplements that
statute.
19.08.020 DEFINITIONS. The following words and phrases shall
have the meaning respectively ascribed to them:
(1) "Vesting Tentative Map" is a tentative map for a
residential or commercial development which has been filed,
processed and approved in accordance with the vesting tentative
map statute and this Chapter and which has printed conspicuously
on its face the words "Vesting Tentative Map;"
(2) The definitions set forth in Section 19.04.030, are
applicable to this Chapter.
19.08.030 APPLICABILITY. This Chapter applies to residential
and non - residential developments.
19.08.040 PROCEDURE.
A. When a tentative map is required, the applicant may file a
vesting tentative map instead.
B. Filing. A vesting tentative map shall have printed
conspicuously on its face the words "Vesting Tentative Map"
before the City may accept it for filing.
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C. Plats and Subdivision Ordinance Applies. Except as
otherwise provided in this Chapter, the Provisions of Title 19
"Plat and Subdivisions" apply to a vesting tentative map and the
vesting tentative map is processed in the same manner as a
tentative map.
D. Accompanying Data. Such information as is ordinarily
required under the provisions of this title for the filing of a
tentative map, shall also be required for the filing of a vesting
tentative map. Supplemental information as relates to the
vesting nature of the proposed vesting tentative map may also be
required.
19.08.050. DEVELOPMENT RIGHTS.
A. Development Rights Created. The approval of a vesting
tentative map confers a vested right to proceed with development
in substantial compliance with the City's ordinances, policies
and standards in effect at the date the City determines the
application is complete.
B. Duration of Development Rights. The right to proceed with
development as set forth in subsection A accrues from the date of
approval of a vesting tentative map by the Planning Commission
and continues for one year following the timely recordation of a
final map or parcel map. If a project covered by a single
vesting tentative map is divided into phases and more than one
final map is recorded, the one year period begins for each phase
when the final map for that phase is recorded.
C. Expiration of Development Rights.
(1) The right to proceed with development as set forth in
subsection A accrues from the date of approval of the tentative
map by the Planning Commission however it expires on the date the
vesting tentative map expires unless a final map is approved
before then.
(2) The time within which a final map may be recorded is
governed by E1 Segundo Municipal Code, Section 19.04.110 and
Government Code Section 66452.6.
(3) If the subdivider submits a complete application and
has satisfied all requirements for a building permit during the
one year specified in subsection B, the right to proceed with
development continues until the building permit expires.
(4) If a final map is recorded based upon a vesting
tentative map and the development rights expire, the final map
remains in effect without the development rights.
D. Extension of Time for Exercise of Development Rights.
(1) If the City does not process an application for a
grading permit or for design review within 30 days of the date
the application is deemed complete by City, the one year
specified in subsection B is automatically extended by the time
exceeding the 30 day period used by City to complete processing.
(2) Before the expiration of the one year period specified
in subsection B a subdivider may apply to the Planning Commission
for a one year extension. A decision of the Planning Commission
granting or denying an extension may be appealed to the City
Council by filing a written notice of appeal within 15 days of
the Commission's decision.
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19.08.060 EFFECT OF STATE AND FEDERAL LAWS. This Chapter
relates only to the imposition of conditions and requirements
imposed by City and does not affect the obligation of a
subdivider to comply with the conditions and requirements of
state or federal laws, regulations or policies.
19.08.070 AMENDMENT. A subdivider may apply for an amendment to
a vesting tentative map at any time before the expiration of the
vesting tentative map. The Planning Commission may adopt
standards for evaluating a request for an amendment.
19.08.080 CITY'S RIGHT TO CONDITION OR DENY APPROVAL.
(1) This Chapter does not:
(a) enlarge or diminish the types of conditions which
the City may impose on a development; or
(b) diminish or alter the City's power to protect
against a condition dangerous to the public health or safety.
(2) The City may condition or deny a permit, approval,
extension, amendment or entitlement relating to a vesting
tentative map if it determines that either:
(a) the failure to do so would place the residents of
the subdivision or the community in a condition dangerous to
their health or safety; or
(b) the condition or denial is required to comply with
state or federal law.
19.08.090 FEES. Every person submitting a vesting tentative map
shall pay a processing fee as established by resolution.
SECTION 2. This ordinance shall become effective at
midnight on the thirtieth day from and after the final passage and
adoption hereof.
SECTION 3. The City Clerk shall certify to the passage
and adoption of this ordinance; shall cause the same to be
entered in the book of original ordinances of said city; shall
make a minute of the passage and adoption thereof in the records
of the meeting at which the same is passed and adopted; and shall
within fifteen days after the passage and adoption thereof, cause
the same to be published once in the E1 Segundo Herald, a weekly
newspaper of general circulation, published and circulated within
said City of E1 Segundo and which is hereby designated for that
purpose.
PASSED, APPROVED and ADOPTED this
1
Mayor
E1 Se
ATTEST*,-.— ) u -
City Clerk (SEAL
-3-
d dAy /of May,
bye City of
, California
JOA:0- 050388.PL
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Ronald L. Hart City Clerk of the City of E1 Segundo,
California, DO HEREBY CERTIFY that the whole number of members of
the City Council of the said City is five; that the foregoing
ordinance, being Ordinance No. 1111 is a full, true correct
original of Ordinance No. 1111 of the said City of El Segundo,
California, entitled:
AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA,
ADDING CHAPTER 19.08 TO TITLE 19 OF THE EL SEGUNO
MUNICIPAL CODE, ENTITLED "VESTING TENTATIVE MAPS."
which was duly passed and adopted by the said City Council,
approved and signed by the Mayor of said City, and attested by
the City Clerk of said City, all at a regular meeting of the said
Council held on the 3rd day of May 1988, and the same was so
passed and adopted by the following vote:
AYES: Councilmembers: Anderson, Clutter, Dannen,
and Mayor Jacobson
NOES: Councilmembers: None
ABSENT: Councilmembers: West
I do hereby further certify that pursuant to the provisions
of Section 36933 of the Government Code of the State of
California, that the foregoing Ordinance No. 1111 was duly and
regulary published according to law and the order of the City
Council of said City of El Segundo Herald, a weekly newspaper of
general circulation, printed, published and circulated within
said City and that the same was so published therein on the
following date, to wit:
'City Clerk of the
(SEAL) City of E1 Segundo, California