HomeMy Public PortalAboutOrd. 1272ORDINANCE N0. 1272
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LYNWOOD AMENDING SECTION 25-18,
SUBDIVISION REGULATIONS, WITH RESPECT
TO ESTABLISHING REGULATIONS FOR~:VESTLNG
TENTATIVE MAPS FOR RESIDENTIAL DEVELOP-
MENTS
The City Council of the City of Lynwood DOES HEREBY ORDAIN as
follows:
SECTION 1.
Section 25-18.2, "Definitions and Responsibilities"
shall be amended as follows:
"a Definitions
"Development" shall mean the uses to which the land
which is the subject of a map shall be put, the buildings
to be constructed on it, and all alterations of the land
and construction incident thereto.
"Vesting Tentative Map" shall mean a tentative map for
residential developments which confers a vested right to
proceed with such developments in substantial compliance with
the ordinances, policies, and standards in effect at the time
the application for a vesting tentative map is determined to
be complete.
SECTION 2.
Section 25-18.3, "Maps Required" shall he.
amended as follows:
"a General
"The necessity for tentative, vesting tentative, final
and parcel maps shall be governed by the provisions of
this section.
"b Division of Land - five (5) or more parcels, the last
paragraph shall be amended as follows:
"A tentative map and parcel map shall be required for
those subdivision described in subsection (1), (2), (3)
and (4). In lieu of a tentative map required to be
filed herein, the subdivider may file a "vesting tentative
map, as defined in section 25-18.2 herein.
"c Division of Land - Four (4) or Less Parce
A tentative map and parcel map or vesting tentative map
shall be required for all divisions of land which create
four (4) or less parcels, and for mergers and major lot
~,
line adjustments.
SECTION 3. Section 25-18.5, Subdivision Map (five (5) or
more parcels) shall be amended as follows:
"a Tentative Maps
"(11) Vesting Tentative Maps
The filing of a vesting tentative map is at the
exclusive option of the subdivider and shall not
be a prerequisite to any proposed subdivision or an
application for development.
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 this chapter for a Tentative
Tract Map or a tentative minor subdivision map
whichever is applicable but not limited to criteria
for rejection dedications and the imposition of
conditions except as herein offer provided:
"(a) At the time. a Vesting Tentative Map is filed, it
shall have printed conspicuously on its face, the
words "Vesting Tentative Map"
"(b) At the time a "Vesting Tentative Map" is filed, a
subdivider shall supply the following information:
1. Building height, size, loaction, and land use plans
2. Architectural theme plans
3. Landscape plans
4. Fire protection plans
5. Traffic circulation and parking plans
6. Water removal, Flood control and grading pTians
"(c) Expiration. An approved or conditionally approved
vesting tentative map for a tract or for a minor land
division shall be effective for the periods of time
as provided for in Section 25-18.Sa(9)(a).
(12) Vesting on approval of vesting tentative map.
(a) The approval or conditional approval of a vesting
tentative map by the Advisory Agency shall establish
a vested right to proceed with applicable ordinance
and general and specific plans in effect at the date
the accompanying application is deemed complete
pursuant to Govermm~et Code Section 65943 and 66498.1 of
said Government Code.
(b) Notwithstanding the above provitsions, a permit,
approval, time extension and/or entitlement may be
made conditional or denied if any of the following
are determined by the local agency:
1. 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
2. The condition or denial is required in order to
comply with the mandates of either state or
federal law.
(c) The vested rights created herein by the approval or
conditional approval of a vesting tentative map shall
lapse, expire and be of no force and effect if the
final map, parcel map or grant of waiver is not
approved by the legislative body, Advisory Agency or
other entity authorized to grant approval prior to the
time limits set forth herein. If a
final map, parcel map or grant of waiver is approved
in compliance with said section, these vested rights
shall be effective for an initial period of not to
exceed one year thereafter. Prior to the expiration of
the initial one-year period, the subdivider may apply
for an additional one-year extension of the period of
the vested right to the Advisory Agency. If the
extension is denied, the subdivider may appeal the denial
to the City Council within fifteen (15) days after the
action of the Advisory Agency.
(d) Where several final maps, parcel maps or grants of waiver
are recorded on various phases of a development project
covered by a single vesting tentative map, the aforesaid
one-year time period shall run for each phase when the final
map or grant of waiver for that phase is recorded. The
subdivider may file for a one-year extension as provided
for in Subsection (c) and appeal the denial of same in
accordance therewith..
(e) Where a compete application for a building permit is
submitted by the subdivider within the time periods
set forth above, the vested rights conferred by this
chapter shall continue in full force and effect until
the expiration of that permit, or any valid extension ~~
of the permit which may be granted by the Building
Official.
(f) The precise amount of fees required to be paid as a
condition precedent to recording a map and/or completing
development shall be the amount in effect at the time
of payment of the fees.
(13) Development inconsistent with zoning - conditional
approval by Advisory Agency.
(a) When a subdivider files a vesting tentative map for a
subdivision whose proposed development is inconsistent
with the Zoning Ordinance in existence at the time of
filing, said inconsistency shall be so noted on the
map. The Advisory Agency may deny such a vesting tentative
map or may approve it conditioned on the subdivider
obtaining the necessary change in the Zoning Ordinance
in order to eliminate the inconsistency.
(b) If the change in the Zoning Ordinance is obtained, the
approved or conditionally approved vesting tentative map
shall confer the vested right to proceed with the
development in substantial compliance with the change in
the ordinance and the map as approved by the Advisory
Agency.
(14) Applications inconsistent with existing policies.
Notwithstanding any provision of section, a property owner
may seek approval for development which departs from
the ordinances, policies and standards described in
Section 66498.1 and 66498.3 of the Government Code.
The Advisory Agency may grant approval for such
development, but only to the extent that said departure
is authorized under applicable law.
(15) All rights conferred by a vesting map shall be deemed
to exist pursuant to the official Zoning Ordinance of
the City of Lynwood and shall be subject to those provisions
in effect at the time the tentative map for said vesting
map is determined to be complete.
SECTION 4. Section 25-18.6 shall be amended as follows:
"a Tentative Parcel Map
"(1) General
The form and contents, submittal, approval of tentative
parcel maps shall conform to the provisions of this
section or section 25-18.Sa(11). The tentative parcel map ___
shall be prepared by a registered civil engineer or licensed
land surveyor."
SECTION 5. Section 25-18.6b, "Final Maps" shall be amended by
adding another paragraph as follows:
"(7) Approval b y City Council
"The City Council shall approve such final map that is
filed in a form that substantially conforms to the
tentative map or vesting tentative map modified and
amended to demonstrate the additions, deletions, and
conditions imposed by the City."
SECTION 6. Severability. If any section, subsection,
subdivison, sentence, clause, phrease, or portion of this ordinance,
or the application thereof to any person or place, if. for any reason
held to be invalid or unconstitutional by the decision of any court
or competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance or its application
to other persons or places. The City Council hereby declares that
it would have adopted this ordinance, and each section, subsection,
subsection, subdivision, sentence, clause, phase, or portion thereof
irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, phrases, or portions, or the
application thereof to any person or place, be declared invalid
or unconstitutional.
First read at a regular meeting of the City Council of said City
held on the 21st day of January 1986, and
finally ordered published at a regular meeting of said Council
held on the 4th day of PebTUary 1986.
AYES: COUNCILPERSON BYORK, MORRIS, THOMPSON, WELLS, HENNING
NOES: NONE
ABSENT: NONE
ATTEST:
Andrea L. Hooper, City Clerk
City of Lynwood
APPROVED AS TO CONTENT:
f
Vicent L. as, Acting Director
Community Development Department
ROBERT HENNING, May r
City of Lynwood
APPROVED AS TO FORM:
General Counsel
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and
ex-officio clerk of the Council of said City, do hereby certify that the
above is a true and correct copy of Ordinance No. 1272 adopted by
the City Council of the City of Lynwood, and that the same was passed on
the date and by the vote therein stated.
Dated this 7th day of February 1986_
(SEAL)
~`~~'~. c'X~ 1-~i~--~-'
City Clerk, City of Lynwood
~'
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Los Angeles,
ss.
I am a citizen of the United States and a resident of
the County aforesaid; I am over the age of eighteen
years, and not a party to or interested in the above
entitled matter. I am the principal clerk ofthe printer
of the
Lynwood Press and Tribune
A California-Corporation
SE AL 16-660580
Tribune Adj. 374904
Press Adj. LBC 5394
a newspaper of general circulation, printed and
published Thursdays
in the City of Lynwood
County of Los Angeles, and which newspaper has
been adjudged a newspaper of general circulation
by the Superior Court of the County of Los Angeles,
State of California, under the Lynwood Tribune date r
of February 1922, case number 37904 and the
Lynwood Press date March 1, 1933, Case Number ~~
LBC-5394; that the notice, of which the annexed is a
printed copy, has been published in each regular ;
and entire issue of said newspaper and not in any
supplement thereof on the following date, to-wit: ~
Q~< ~~
all in the year 19 ~'G
I certify (or declare) under penalty of perjury
that the foregoing is true and correct.
Signature
i
I
Dated at Lynwood, California I
this~dayof__~-ti>-r'~ 19~G
)
This space is for the County Clerk's Filing Stamp
~2ECF'9lf~U
CITY OF ~YNyyppp
CITY CLEf21<S OF;=ICE
~E6 ~ 8 1986
A&7
'76~t8119t1i11_?tlltiluli3lJ,E
A
Publication of
P.0. 25005
/ f~ ORDINANCE N0. 12]2
JINANCE OF THE CITY COUNCIL OF THE CITY '
~ .YNWOOD AMENDING SECTION 2548, SUBDIV4
S,JN REGULATIONS, WITH RESPECTTO ESTAaIISH- (e)~Where accompe[e application for a buildin
ING REGULATIONSFOR VESTING TENTATIVE MAPS permit is submitted by the subdivider within the tiro
FOfl RESIDENTIAL DEVELOPMENTS '~ periods set orth above,the vestetl righ(sconferretlb
The City.000ncil of the Ciry of Lynwood DOES HER.
" this chaptershall continue in Lull force and effect unt
' Me expiration of the};permit or any valid extension c
EHV ORDAINas follows ...::~/
"
the cer,nit which `a -tie ranted
rrj y g by the guibin.
SECTION 3. Sect o 25 18.2,
Dehnltions and Re~ Off c al. ' `
sponsibilities'"shall be amentled asfollows:
' (U TheDreciseamount of feesrequiretl to be paida
a Defini[iont a condition precedent ro recording a map and/p
"Development"shall mean the uses to which the completingtlevelopment shall be the amount in effec
land which Is the subject of amap shall be put, the at [he time Pt payment of the fees.
buildings tp be constructed on it and all alterations of (13) Development inconsistent with zoning-condi
the land and construction incident thereto. tional approval by Advisory Agency.
"Vesting Tentative Map"shall meanatentative map (a) Wheriasubtlivitler filesavesting tentative mat
for residential developments which confers a vested for a subdivision whose proposed development i~.
right to proceed with such developments in substantial inconsistent with the Zoning Ordinance in existences
compliance with the ortlinances. policies, andstantl~ thetime of filing, saitl inconsistencyshall tie so noro<
ands in effec[ at the time the application for a vesting on the map. The Advisory Agency may deny such
tentative map is determined to be complete. vesting tentative map or may approve itcontlitionedm
SECTION 2. Section 25-18.3, "Maps Required" shall the subdivitler obtaining the necessary change in th,
be amendetl asfollows: Zoning Ordinance in order to eliminate the inconsis
a General tency.
"The necessity fortentative. vesting tentative, final (b) Ifthe change in the Zoning Ordinance is obtain
and parcel maps shall be governed bythe provisions of eQ[he approved orcontlitionally approved vestingten
this section, [alive map shall confer the vestetl right to proceed with
b Division of land fiw (S) or more parcels, the last the development in substantial compliance with the
.paragraph shal6be amendetl as follows: change in the urtlinance antl the map as approved bl
"A tentative map andparcel map shall be required the Atlvisory Agency.
for those subdivision described in subsection (1), (2), (14) Applications inconsistent with 'existing poli
(3) and (4). In lieu of a tentative map requiretl tP be <ies. Notwithstantlingony Ordvisign of section, a Amp
filetl hereio,lhe subdivitler may files vesting ten[atiw. erty owner may seek approvaltor tlevelopmem which
map, as defined in section 2518.2 herein.
~ departs from the ortlinances, policies and standards
c Division of LarM Four (4) or less PafCBl6 described in Section 66498.1 and 66498.3 of the
A tentative map antl parcel map or veatiOgtan4tiw 'Government Code. The Advisory Agency may gran)
rasp shall be requiretl for all divisions Df land which approval for such tlevelopmem but only to the extent
that saitl departure is autho,izetl untlerapplicable law
create
four(4)mless parcels, antltor mergersantl majoilot
.
~ (15)All rights conferrtld by avestingmep shall be
line adjustments. deemed to exist pursuant to the Pfficial Zoning Ortli~
SECTION 3. Section 2548.5, SubdiJision Map (five' nonce o(Ure Ciry of Lynwood antl shall be subject to
(hose provisions in effect atthe timethe tentative map
(5) or more parcels) shall be amentled as follows: }or said vesting map is determined to De complete.
a TantaBw Maps SECTION 9. Section 25-18.6 shall be amended as
(11) Vesting Tentagw Maps follows:. a Tentative Parcel Map
The tiling of a vaaUr,g (emotive map s at the eaclu- (1) General -...~ '~- "" "
she option mthe subdiri,fer a,M Mall nm De a Omreq- __ P Thelomn antl'contenis, submittal, approval of ten-
uisitatosnyproposedanbdivisionoranapplicatlontef
developmem!r - tative parcel maps shall ronbrm to ibe revisions of
p
this section or section 25d8.5a(11). The tentative
:A9eating Temative Map shall be filetl in the same Parcel map shall be prepared by a registered civil
term and navethesame cpntents, accompanyingdata engineer or licensed land surveyor."
and reports and shall be processed in the same SECTIONS. Section 2548.6b
"Final Maps"shall be
manneras selforthinthischamertora Tentative Tract
Map oratentative minor subtlivision mapwhichereris ,
amendetl by adding another paragmuh as Wifows:
applicable but not limited to criteria for relection detli~ (~) gpproval by Cib Counci(
cations ana the imposition of cpnditions except as °The City Council shall approve such final map that
herein offer provided: is filed in a form that substantially conforms to the
(a) At the time a Vesting Tentative Map is fileQ it
shallfiave printed conspicuously on its face
the words tentative map or vexing tentative rnap rnotlified and
amended tP demonstrate the additienS',dolefi,ins, and
,
"Vesting Tentative Map". conditions imposed by the City."
'
(b)Althetimea"Vesting Tentative Map"is filetl
a SECTION 6. SewrabilAy. If any section, subsection,
,
subdivitler shall supply the following information: subdivison,sentence,cUuse,phmse, orportionofthis
1. Building height size. location, antl land use plan ordinance,orthe application thereo(to any person or
place,ltforany reason held to be invalid or unconsti[u~
2. Architectural theme plans boost-0ythetlecision ofany muROr cpmcetentluris~
3. Landscape plans - diction, such decision shall not affect the valitlilyof the
4. Fire Vrotectipn plans remaining portions o/this urtlinance or its applicatirn
5. Traffic circulation antl parking plans to other persons or places. The Ciry Councl hereby
6. Water removal, flood control and grading plans declares ma[ it would have adopted tt,is ordinance,
(c) Expiration and Pa::YI SF`CSIOn, SIlb52CSlOn, SnbdIV1510n, sf!ntenCC,
An approved or contli[ionally approved vesting Lem clause, phrase, or portion thereof irrespective of the
}act that anyone onnore sertions
subsec[ions
subdi-
tative maptora tractor bra minor land division shall
be effective for the peripds of time as provided fo/in ,
,
visions,-sentences, clauses, phrases, or portions, or
Section 2548.5a(9)(a)
' the application thereof tP any person br place, be
.
(12)Vesting on approval of vesting tentatire ma0. declared invalid or unconstitutional.
First read ataregular meeting oFihe City COwcil of
(a)Theapproval orcontli2ionalapproval ofa Vesting said City heldon the 2ls(tlay of January, 1986, and
tentative map by the Advisory Agency shall establish a- finally ordered published ataregular meeting of saitl
vestetl rightto proceed with applicableortlinanceantl Council heb on the 4th day of February, 1986.
general and specific plans in effect a[ the date the gyES: COUNCILPERSON gYORK
accompanying apDlicalion is deemed complete pun- .
MORRIS
soon( to Govermm~et Cotle Section 65943 and THOMPSDN
66498.1 of said Government Code. WELLS ~.
_
(b) Notwithstanding the above provisions, a-~r5 ~ HENNING"~--~~
mil approval,time extension antl/or entitlement may NOES: NONE -
bemadeconditionalordenieditanyo(the following ABSENT: NONE
are tlerorminetl by the local agency: /S/ ROBERT HENNING
1: Failure to tlo so wouldplace the residents of the ROBERT HENNING. Mavpr
subtlivision or the immediate community or both, ins City of Lynwood
condition dangerous to [heir health or sooty;
~ ~ ATTEST'
Dr , /8/ ANDREA L HOOPER '
2. The condition or denial is requiretl' in order to 'Andrea L Hooper, City Clerk
complywiththe mandates of eitherstateorfetleral law. City of Lynwood
(c)Thevested rightscreated hereinbytheapproval. .APPROVED AS TO CONTENT'_.._. ,.
orcondilionalapprovalotavestingtentativemapshall /S/VICENTLMAS
lapse, expire antl be of no force antl effect if the final Vicent L. Mas, Acting Director
map, parcel map orgrant of waiver is not approved by Community Deveopment Department
}She legislative body, Atlvisory Agency or other entity ~ gppROVEO AS TO FORM:
au. horizedrograntapproval pric ro[hetimelimits set /S/LEW IS G. FILMOR.
forth erein. If a final map, parcel map or grant of General Counsel
waiver is lgPDrovetl in compliance with said. section, STATE OF CALIFORNIA) ,
these vestetiy-rights shall be effective for an initial )ss. -
periotlofnotted;ceetl oneyearthereattec Priortothe
l one~year perio4 the subdivitler
irationoflheln'4a
x COUNTY OFi05 ANGELES).--
City
f L
nwooQ
Ci
Cl
rk
f th
p
t
e
may apply for an 5dtldegnal one~year extension of [he y
e
o
e
o
I,the untlersigneQ
ty
antl ex~offldio clerk of [he Council of saitl City, tlo her-
peFiodofinevestetlrigml?,Ihe Advisory Agency.lf the eby certiy that the above isahue antl correct copy dt
extension is denied, the subdivitler may appeal [he Ordinance NO.12]2 adopted by the Clty Council of the
tlenialto Ne Ciry Council withirC!ikeen (15)tlays after
f the Advisory Agency„
ti City of Lynwood, and lhatthe samewas passed on the
s
~
on o
the ac
(tl)Where severaltinalmaps, parcolmapsorgran[a date and by the vote therein
tated.
gated this 7th day of February, 1986.
of waiver are recorded on variousphises of a Bevel" (SEAL)
opment project covered by a single vesting tentative /S/ ANDREA L HOOPER
map, the aforesaid oneyear time period shall run for City of Lynwood.
Clty flerk
each phase when the final map or giant of waiver for ,
~
d v
p
nli~n~lvnwnn
ress