HomeMy WebLinkAboutOrd 33-85 Subdivisions ORDINANCE NO. 33=85
AN ORDINANCE OF THE CITY OF DUBLIN ESTABLISHING REGULATIONS FOR
VESTING TENTATIVE MAPS FOR RESIDENTIAL SUBDIVISIONS.
The City Council of the~ City of Dublin does ordain as follows:
SECTION 1 -- AMENDMENTS
Articles 10, 11, and 12 of Chapter 1 of Title 8 of the Subdivision
Ordinance as adopted by the City of Dublin are hereby adopted to
read as follows:
ARTICLE 10 VESTING TENTATIVE MAP:
GENERAL PROVISIONS
Section 8-10.1: Citation and Authority
This ordinance is enacted pursuant to the authority granted
by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of
Title 7 of the Government Code of the State of California
(hereinafter referred to as the Vesting Tentative Map Statute),
and may be cited as the Vesting Tentative Map Ordinance.
Section 8-10.2: Purpose and Intent
It is the purpose of this ordinance to establish procedures
necessary for the'implementation of the Vesting Tentative Map
Statute, and to supplement the provisions of the Subdivision Map
Act and the Subdivision Ordinance. Except as otherwise set forth
in the provisions of this ordinance, the provisions of the
Subdivision Ordinance shall apply to the Vesting Tentative Map
Ordinance.
To accomplish this purpose, the regulations outlined in this
ordinance are determined to be necessary for the preservation of
the public health, safety and general welfare, and for the
promotion of orderly growth and development.
Section 8-10.3: Consistency
No land shall be subdivided and developed pursuant to a
vesting tentative map for any purpose which is inconsistent with
the General Plan and any applicable specific plan or not permitted
by the zoning ordinance or other applicable provisions of the
Municipal Code.
Section 8-10.4: Definitions
(a) A "vesting tentative map" shall mean a "tentative map"
for a residential subdivision, as defined in the Dublin
Subdivision Ordinance, that shall have printed conspicuously on
its face the words "Vesting Tentative Map" at the time it is filed
in accordance with Sec. 8-11.1, and is thereafter processed in
accordance with the provisions hereof.
(b) Ail other definitions set forth in the Dublin
Subdivision Ordinance are applicable.
Section 8-10.5: Application
(a) This ordinance shall apply only to residential
developments. Whenever a provision of the Subdivision Map Act, as
implemented and supplemented by the Dublin Subdivision Ordinance,
requires the filing of a tentative map or tentative parcel map for
a residential development, a vesting tentative map may instead be
filed, in accordance with the provisions hereof.
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(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 be a prerequisite to any approval for any
proposed subdivision, permit for construction, or work preparatory
to construction.
ARTICLE 11 VESTING TENTATIVE MAP:
PROCEDURES
Section 8-11.1: Filing and Processing
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 the Dublin
Subdivision Ordinance for a tentative map except as hereinafter
provided:
(a) Prior to the time a vesting tentative map is filed, a
subdivider shall have obtained from the City of Dublin all
applicable permits for prezoning, rezoning, Planned Development
rezoning, site development review, variance, conditional use
permit, or similar planning and land use entitlement.
(b) At the time a vesting tentative map is filed it shall
have printed conspicuously on its face the words "Vesting
Tentative Map."
(c) At the time a vesting tentative map is filed a
subdivider shall also supply the following information:
- height, size, and location of buildings
- sewer, water, storm drain and road details
- information on the uses to which the buildings will be put
- detailed grading plans
- geological studies
- flood control information
- architectural plans
- fiscal impact studies
- plot plans
- foundation plans
- drainage plans
- floor plans
- roof and ceiling framing plans or truss layout plans
- roof truss details and calculations
- exterior elevations
- typical cross sections
- large scale details
- soil reports
- heat loss calculations
- surveys
- structural calculations
- electrical plans and electrical load calculations
- mechanical plans
- plumbing plans and calculations
- elevations to show compliance with regulations pertaining
to access for the handicapped
- all other studies and information required to apply for
building permits
Section 8-11.2: Fees
(a) Upon filing a vesting tentative map, the subdivider
shall pay the fees required by the schedule adopted by resolution
of the City Council for the filing and processing of a vesting
tentative map.
Section 8-11.3: Expiration
The approval or conditional approval of a vesting tentative
map shall expire at the end of the same time period, and shall be
subject to the same extensions, established by the Subdivision
Ordinance for the expiration of the approval or conditional
approval of a tentative map.
ARTICLE 12 VESTING'TENTATIVE MAP:
DEVELOPMENT RIGHTS
Section 8-12.1: Vestin9 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 compliance with the ordinances,
policies, and standards described in Government Code Sec. 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 vested right to proceed with
development in substantial compliance with the ordinances,
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 Sec. 8-11.3. If the final map is
approved, these rights shall last for the following periods of
time:
(1) An initial time period of one (1) year (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)' (1) 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 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)
(1) expires. If the extension is denied by the Planning
Commission, 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 period 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.
Section 8-12.2:- Development Inconsistent with Zoning --
Conditional Approval
(a) Whenever a subdivider files a vesting tentative map for
a subdivision whose intended development is inconsistent with the
zoning ordinance in existence at that time, that inconsistency
shall be noted on the map. The City shall deny such a vesting
tentative map or approve it conditioned on the subdivider, or his
or her designee, obtaining the necessary change in th~ zoning
ordinance ~to eliminate the inconsistency. If the change in the
zoning ordinance is obtained, the approved, or conditionally
approved, vesting tentative map shall, notwithstanding Sec. 8-
12.1(a), confer the vested right to proceed with the development
in substantial compliance with the change in the zoning ordinance
and the map, as approved.
(b) The rights conferred by this section shall be for the
time periods set forth in Sec. 8-12.1(c).
Section 8-12.3: Applications Inconsistent with Current Policies
Notwithstanding any provision of this ordinance, a property
owner or his or her designee may seek approvals or permits for
development which depart from the ordinances, policies, and
standards described in Sections 8-12.1(a)and 8-12.2, and local
agencies may grant these approvals or issue these permits to the
extent that the departures are authorized under applicable law.
SECTION 2 -- EFFECTIVE DATE
This Ordinance shall become effective thirty (30) days after
its final passage and adoption by the City Council. Before the
expiration of fifteen (15) days after its passage, it shall be
published once, with the names of the Council Members voting for
and against the same, in the Tri-Valle¥ Herald, a newspaper
published in Alameda County and available in the City of Dublin.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DUBLIN
on this 9~h day of December , 1985, by the
following votes:
AYES:
NOES:
ABSENT:
Councilmembers Hegarty, Jeffery, Moffatt, Vonheeder and
Mayor Snyder
None
None
City Cler~ -